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HomeMy WebLinkAboutCouncil Agenda Packet 12/03/2002 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. ~on Adams Road December 3, 2002, 2002 - 7:00 p.m. VH. CALL TO ORDER PLEDGE OF AIJ.~GIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL APPROVAL OF AGENDA ACCEPTANCE OF MINUTES Minutes of the November 19, 2002 regular Council Meeting Minutes of the November 5, 2002 regular Council Meeting CALL TO THE PUBLIC/ANNOUNCEMENTS At this time, any member of the public is allowed to address the Town Council on any issue not al~ady on tonight's agenda. The speaker may have up to three (3) minutes to spcak~ Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve ali items on the consent agenda, including any resolutions or ordinances. A Council MembeF may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. Resolution No. 2002-133: Agreement between Town of Marana and Canoa Development, Inc. for Construction of Water FacflMes Under Private Contract (Brad DeSpaln) Resolution No. 2002-134: Agreement between Town of Marana and Sunset Quality Builders, Inc. for Construction of Water Facilities Under Private Contract (Brad DeSpaln) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 3, 2002, 2002 - 7:00 p.m. Resolution No. 2002-135: Central Arizona Project Incentive Recharge Agreement between the Central Arizona Water Conservation District (CAWCD) and the Town of Marana (The Town) providing for the delivery of excen Central Arizona Project (CAP) water (Brad DeSpaln) 4. Proclamation: Korean War Armistice S0~ Anniversary (Jocelyn Entz) B. COUNCIL ACTION PUBLIC HEARING. Resolution No. 2002-136- Orange Grove 1-10 Plaza Variance: The Town Council will be sitting as the Board of Adjustment for this item. Request by Schomac Group Inc., for a lot depth variance on a proposed Light Industrial Subdivision. This request is to obtain a variance to allow for less than the minimum 200-foot lot depth requirement per the."Ll" (Light Industrial) Zone, 05.12.02,1,2 of the Marana Land Development Code, on proposed lots 15, 17 & 18 of the subdivision. The subject property is located on the south side of Orange Grove Road between the Union Pacific railroad right-of-way and the westbound Interstate 10 frontage road, within a portion of Sections 7 & 8, T13S, and R13E (Joel Shapiro) PUBLIC HEARING. Ordinance No. 2002~6- Tangerine & Breakers Rezone: An application for approval to rezone approximately 24.16 acres from aC" (Large Lot Zone, minimum lot size 25 acres) to "HI" (Heavy Industrial) located immediately south of Tangerine Road and east of the Breakers Road easement, in a portion of Section 5, Township 12 South, Range 12 East (Joel Shapiro) Resolution No. 2002-139: Citizen ResouFce & Education Workshop (CREW): Consideration and approval of the concept, design and implementation of a citizen-oriented workshop to provide information to residents and businen owners Fegarding services provided to citizens within Marana (Jocelyn Entz) 4. Resolution No. 2002-140: Adopting the Marana Major Routes Plan (Jim DeGrood) $. Discussion/DiFection: Request to establish a non-profit corporation to provide an alternative for philanthropic giving for Town employees (Jane Howell) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS Bobby Sutton, Jr., Mayor 3 II. III. PLACE AND DATE Marana Community Center, November 5, 2002 CALL TO ORDER By Vice Mayor Kai at 7:05 p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai INVOCATION/MOMENT OF SILENCE An invocation was given by Brad DeSpain. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Hein Town Manager Present Mike Reuwsaat Assistant Town Manager Present Dan Hochuli Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Entz Town Clerk Present Joel Shapiro Planning & Zoning Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by McGorray, the agenda as written was unanimously approved. Council Member ACCEPTANCE OF MINUTES Upon motion by Council Member Escobedo, seconded by Council Member Honea, minutes of the regular Council meeting held on October 15, 2002 were unanimously approved. CALL TO THE PUBLIC/ANNOUNCEMENTS Marvin Kirchler, representing Attention Transit Advertising, spoke before the Council regarding bus shelters in the town. Jocelyn Entz announced that campaign packets would be available to any potential candidates on November 12, 2002 through the Town Clerk's office. She listed the various forms included in these packets such as nomination papers, affidavits of qualification, nomination petitions, financial disclosure forms, political committee statement of organization forms, and $500 threshold exception statement forms. She concluded with stating that she would also have this information available at the November 19, 2002 Council meeting. Ms. Entz presented Council Member Honea with a Local Elected Official Distinguished Service award for his many years of dedication to the Marana community. Vice Mayor Kai read a proclamation into the record honoring Ed Cook, Arizona Daily Star reporter, for his honest reporting of local events over the years. Mr. Cook is retiring from the regional newspaper this month. Michael Racy reported on the 20th Annual Southern Arizona Aerobatic Club Contest, recently held at the Marana Northwest Regional Airport. He said that this three day event was enormously successful and that all of the participants had thoroughly enjoyed their stay in the Marana area. He presented the Council with a Tequila Cup 2002 appreciation award for the Town's support with the activities coordination. Roberto Rios, Director of Pascua Yaqui Tribe Development Services, gave a brief presentation regarding the clean-up of the Yoem Pueblo village in Marana and thanked the town for its participation and assistance. STAFF REPORTS There were no questions regarding staff reports. GENERAL ORDER OF BUSINESS CONSENT AGENDA Resolution No. 2002-112: Renewal of Intergovernmental Agreement with Pima County to allow for participation in the mutual aid and emergency response by the Hazardous Materials Team for a three-year period (Mike Hein) e Resolution No. 2002-114: Consideration of recommendation to State Liquor Board for a new license for a No. 10 (beer and wine store) liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of CIRCLE K #5537, located at 4900 W. Ina Road (Jocelyn Entz) 3. Resolution No. 2002-120: Brake Max 7 Lot Split: Request for approval of a lot split for Lot 3 of Continental Ranch Parcel 63A (Joel Shapiro) 0 Resolution No. 2002-121: Agreement between Town of Marana and Gladden Farms, LLC., a Nevada limited liability company for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service (Brad DeSpain) Resolution No. 2002-122: Agreement between the Town of Marana and BKW Farms for the Monitoring and Operation of the Marana High Plains Effluent Recharge Facility (Brad DeSpain) Upon motion by Council Member Escobedo and seconded by Council Member McGorray, the Consent Agenda was unanimously approved. COUNCIL ACTION Resolution No. 2002-119: Request for approval of an Intergovernmental Agreement between Pima County Library District and the Town of Marana for the initial construction, design, operation, maintenance and ownership of a new public library in Continental Ranch (Mike Hein) Mr. Hein addressed the Council regarding this item. He briefly recounted the history of this joint effort by the Town and the Pima County Free Library District. He stated that the establishment of a public library in the Continental Ranch area would provide the mechanisms to facilitate an improved educational system within the area as well as clearly articulate a long standing pledge by the Town Council to its citizenry, to provide high-quality service to all Marana residents. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2002-119 was unanimously approved. 2. PUBLIC HEARING. Ordinance No. 2002.20 and Resolution No. 2002- 116: (Previously scheduled on the October 15, 2002 agenda.) Proposea amendment to the Land Development Code of the Town of Marana, by amending Title 6 - Subdivisions dealing with subdivision requirements, processing, design standards and adding minor land division and other various issues, and declaring Title 6 as amended a public record (Joel Shapiro) Jim DeGrood spoke before the Council regarding this item. He said that the Town staff and the Southern Arizona Home Builders Association (SAHBA) Marana Technical Subcommittee had worked together to construct the draft of the Land Development Code. He commented that the proposed code would address the concerns and issues voiced by the development community, the Town, future residents and business owners. He pointed out that the draft document was basically a re-write of the current ordinance, including proposed amendments that would provide a much clearer set of requirements and expectations. He pointed out that regulations regarding land splits and provisions for acquiring the necessary rights-of-way and minimum improvements associated with land splits were also included. He said that the changes would further enhance and provide specific direction geared toward the Town's expectations when developing and splitting property within its boundary. He added that a section for Conservation Subdivision Standards had been reserved and would provide for design flexibility in sensitive areas. Mr. ???? relayed that the proposed draft had also incorporated streamlining efforts, thus making the code more user-friendly and thorough. He explained that the changes represented an improved level of detail for the Town's review standards. Upon motion by Council Member Blake, seconded by Council Member Honea, unanimous approval of Ordinance No. 2002.20 and Resolution No. 2002-116 was given. 3. PUBLIC HEARING: Resolution No. 2002-123: Town of Marana General Plan Growing Smarter Update: Request to amend and update the Town of Marana General Plan for conformance with Growing Smarter and Growing Smarter Plus State legislation. This update also represents changes in conditions and policies since the current General Plan's adoption in February 1997. (Joel Shapiro) Joel Shapiro presented this item before Council. He gave a brief explanation of the Growing Smarter Legislation requirements. He explained the four elements included in the Town's current General Plan, adopted in 1997, and said that because a number of conditions within the Town had changed over the years, modification of the original document was in order. Mr. Shapiro listed several significant changes affecting the development of Northwest Marana including the potential for several environmentally sensitive areas being federally designated as endangered Pygmy Owl habitat, the acquisition of the Marana Northwest Regional Airport from Pima County, and the Town's plans for the Town Core area. He pointed out that these factors shifted Northwest Marana into the focus of future development. He outlined the update process, saying that it moved rapidly after the formal adoption of the Public Participation Plan. He noted that critical input from Town officials had been obtained as well as valuable guidance from Town documentation, focus groups, neighboring municipalities, State agencies, and regional and county authorities. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2002-123 was unanimously approved. PUBLIC HEARING: Resolution No. 2002-125: Tangerine Hills General Plan Amendment: Request initiated by the Town of Marana to change the current Land Use Designation on the Future Land Use Map of the General Plan for the Tangerine Hills Specific Plan area from Medium to High Density residential; Commercial: Community; and Open Space: Recreational to a designation of "Low Density Residential," on approximately 196 acres, generally located south of Tangerine Road and west of Camino de Oeste, within Section 1, Township 12 South, Range 12 East (Joel Shapiro) Jim DeGrood addressed the Council on this item. He gave a brief history of the amendment request. He said that, after working with the owners and their representatives, it had been determined that the appropriate action for this property was to amend the Future Land Use Map within the Marana General Plan, to abandon the Specific Plan and to designate the affected parcels to a uniform land use of "Low Density Residential". Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2002-125 was unanimously approved. e PUBLIC HEARING: Ordinance No. 2002.25: Tangerine Hills Rezone: Request initiated by the Town of Marana to change the current zoning designation from "F' (Tangerine Hills Specific Plan) to "R-36' ( Residential 1 dwelling per each 36,000 square feet), on approximately 196 acres, generally located south of Tangerine Road and west of Camino de Oeste, within Section 1, Township 12 South, Range 12 East. Jim DeGrood spoke before the Council regarding this rezone request. He gave a short synopsis of the background and history of the effort and said that the Town felt that it was desirable to retain the rural character of the property. He explained that the land presented a challenge for development due to the natural drainages that bisect the project but that the R-36 zoning designation would afford the flexibility needed to protect riparian and habitat areas in conjunction with a 30% site disturbance limit. Upon motion by Council Member Comerford, seconded by Council Member Blake, Ordinance No. 2002.25 was unanimously approved. 6. PUBLIC HEARING: Resolution No. 2002-90: Hartman Hills General Plan Amendment: (This item was continued from the September 17, 2002 Council Meeting.) A request initiated by the Town of Marana to change the current land use designation on the Future Development Plan Map of the General Plan for Hartman Hills Specific Plan Area, from Medium to High Density Residential; commercial: Community; and Open Space: Recreational; to a General Plan land use designation of "Low Density Residential" on approximately 431 acres, generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East and a portion of Section 7, Township 12 South, Range 13 East (Joel Shapiro) Joel Shapiro gave a brief outline of this item. He said that this request was initially heard by the Planning Commission in December 2001. Following a deadline extension, determinations had been made to abandon the Hartman Hills Specific Plan, amend the General Plan designation to be Low Density Residential, and request the zoning be changed to R-36. He explained that the low density zoning was in conformance with the Low Density Residential use as stated in the current General Plan and the "draft" revised General Plan. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2002-90 was unanimously approved. 7. PUBLIC HEARING: Ordinance No. 2002.18: Hartman Hills Rezone: (This item was continued from the September 17, 2002 Council Meeting.) Request initiated by the Town of Marana to change the current zoning designation from "F' (Hartman Hills Specific Plan), with land uses of "medium density residential, medium-high density residential, medium-high density residential, high density residential, Commercial/Office, and Open Space/Natural Washes and Roads: to a zoning of "R-36 (Residential, 1 dwelling per each 36,000 square feet), on approximately 431 acres, generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East and a portion of Section 7, Township 12 South, Range 13 East (Joel Shapiro) Mike Reuwsaat gave a brief explanation of this rezone request. He said that Town staff had determined that the appropriate action on this item was to request a General Plan amendment, abandon the Specific Plan, and request a rezoning of all the properties involved to "R-36'. He noted that the low density zoning of "R-36" was in conformance with the Low Density Residential use as stated in the current General Plan and the "draft" revised General Plan. He reported that there was currently very little infrastructure in this rural area and that the vegetation was suitable habitat for the Cactus Ferruginous Pygmy Owl. He added that, due to the habitat sensitivity factors, Town staff had determined that it would be appropriate to condition this rezoning with conditions that would remain with the land should it be sold. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Ordinance No. 2002.18 was unanimously approved. Resolution No. 2002-124: Silverbell West Preliminary Plat: Request for approval of a seven (7) lot subdivision on 23.54 acres located on the north side of Ina Road, 1/4 mile west of the intersection of Silverbell and Ina Roads, in a portion of Section 35, Township 12 South, Range 12 East (Joel Shapiro) Joel Shapiro presented this item before Council. He described this request as a plat that represented the lotting of the R-144 portion of the Silverbell West Development and that it was being submitted in this manner due to the uncertainties surrounding the realignment of Silverbell Road. He added that the R-36 portion of Silverbell West would be delayed pending resolution of that issue. He noted that a Homeowners Association would be formed to accept responsibility for maintenance, control, safety, and liability of drainage easements and that grading envelopes would be 7 o 10. required as a condition of approval of this plat. He said that the Yuma Wash would be left in a natural condition incorporating a public easement for a trail. Upon motion by Council Member Blake, seconded by Council Member Comerford, Resolution No. 2002-124 was unanimously approved. Resolution No. 2002-126: Land exchange between Arizona Pavilions, Inc. (Jim DeGrood) Mike Hein spoke before Council regarding this land exchange item. He said that the action would allow for a greater amount of useable area on both affected parcels, that of the Town's 48 Acre District Park and that privately owned by Arizona Pavilions. He said that each of the properties would retain land areas in equal amounts to their original holdings after conclusion of this exchange. He recommended approval of this resolution. Upon motion by Council Member Blake, seconded by Council Member Honea, Resolution No. 2002-126 was unanimously approved. Resolution No. 2002-127: Approving the formation of the Berry Acres Citizens Advisory Committee and the appointment of the initial committee members (Mike Reuwsaat) Mike Reuwsaat spoke to the Council and public regarding the possible formation of a special committee to deal with significant issues regarding the Berry Acres neighborhood. He said that, following a preliminary engineering analysis of the area, reclassifying the neighborhood as a floodplain was in order. He explained that there were significant differences between the floodway and floodplain designations and, in order to respond to the residents' needs, Town staff was recommending the formation of a citizen's advisory committee to assist in dealing with these flood issues. He said that this committee would be comprised of eight citizens and they would be as follows: Bob Honea, Sandy McElhannon, Bruce Dewey, Clayton Wengert, David Franco, Robert McCrea, Helen Key and Ginger Smead. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Resolution No. 2002-127 was unanimously approved. 11. 12. 13. Executive Session: Pursuant to A.R.S. Section 38-431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Aegis v. Town of Marana (Dan Hochuli) Vice Mayor Kai adjourned the Council meeting at 8:05 p.m. to go into executive session. At 8:35 p.m., the Vice Mayor reconvened the Council meeting. All attending Council members were present and seated at the dais. Discussion and possible action regarding legal action in Aegis v. Town of Marana (Dan Hochuli) A motion was made by Council Member Comerford and seconded by Council Member Escobedo to authorize the town attorney to seek a new trial and appeal the decision of the court. The motion passed unanimously. Resolution No. 2002-128: A Resolution finding that a public needs exists for making improvements to Cortaro Farms Road and finding that private property must be acquired for roadway and construction easements, and authorizing the use of the power of eminent domain for the acquisition of private property necessary for these purposes (Dan Hochuli and Jim DeGrood) Mr. Hein explained to Council what the plans are with respect to the condemnation project which is to lay a roadway, Project No. 99-0076. In August, Council adopted Resolution No. 2002-93, which authorized the filing of condemnation lawsuits to acquire the necessary private property rights for the project. The Town changed its condemnation request to take the roadway and construction easements instead of the fee title. Mr. DeGrood emphasized that this project has nothing to do with any joint plans with Pima County for drainage. Upon motion by Council Member McGorray, seconded by Council Member Blake, unanimous approval of Resolution No. 2002-128 was given. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reminded the Council and public that the holiday season was approaching and that this time of year always brought the attention to that of the needy residents of the community. He asked that ge XI. everyone think about the less fortunate residents and urged everyone to generously donate dry goods and clothing to the Marana Food Bank. D. MANAGERS' REPORT There were no reports at this time. FUTURE AGENDA ITEMS There were no topics suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 5, 2002. I further certify that a quorum was present. Jocelyn Entz, Town Clerk 10 MARANA TOWN COUNCIL MEETING Public Attendees DATE: .", Name Address II. III. PLACE AND DATE Marana Community Center, November 19, 2002 CALL TO ORDER By Mayor Sutton at 7:00 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Hein Town Manager Present Mike Reuwsaat Assistant Town Manager Present Dan Hochuli Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Entz Town Clerk Present Joel Shapiro Planning & Zoning Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Escobedo, the agenda as written was unanimously approved. Member ACCEPTANCE OF MINUTES There were no minutes presented for approval at this meeting. The minutes of the November 5, 2002 regular Council meeting will be available for acceptance at the December 3, 2002 meeting. CALL TO THE PUBLIC/ANNOUNCEMENTS Vice Mayor Kai introduced Steve Rivera, Cortaro Water Users Association Assistant Manager, to the Council and audience. Vice Mayor Kai also reported on the health of Robert Condit, the Association's Manager, and said that he was expected back to work within two weeks. Council Member Escobedo thanked the Kai family for the generous donation of 75 turkeys to the Marana Food Bank. He also thanked the Southern Arizona Chapter of the National Wild Turkey Federation for their donation of $4,000. Vice Mayor Kai explained that the National Wild Turkey Federation was a hunting club similar to Ducks Unlimited and that the local chapter had funded the donation of approximately 300 turkeys to churches and various organizations in the Marana and Tucson areas. He commended the organization for their community spirit. Council Member Comerford added that the federation had also donated 30 turkeys to the Gospel Rescue Mission in Tucson and that members of her church, Grace Lutheran, would be helping to serve the Thanksgiving meal. STAFF REPORTS There were no questions regarding staff reports. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2002-129: Authorizing participation in the Correction Officers Retirement Plan (CORP) and authorizing a town official to enter into the Joinder Agreement with the CORP on behalf of its full-time paid dispatchers (Jane Howell) 2 e Resolution No. 2002-130: A request for approval of a Final Plat for a 20-lot subdivision on 32.6 acres within the Dove Mountain Specific Plan. The project is located north of Dove Mountain Boulevard, along Sunset Gallery Place, in portions of Sections 14 & 23, Township 11 South, Range 12 East (Joel Shapiro) e Resolution No. 2002-131: The Gallery Parcel 4B: A request to approve a Final Plat on an 18-lot subdivision on 28.2 acres within the Dove Mountain Specific Plan. The project is located north of Dove Mountain Boulevard, along Silent Sky Place, in portions of Sections 14 & 23, Township 11 South, Range 12 East (Joel Shapiro) 0 Resolution No. 2002-132: The Gallery Parcel 3 - Lot Split: A request for approval of a lot split of Lot 8 of The Gallery Parcel 3 Final Plat (recorded in Book 55, Page 27 of Maps and Plats). The purpose of the proposed lot-split is to deed the smaller of the two pieces to the adjacent Golf Course. The Assessor's Parcel No. is 218-37-0110 (Joel Shapiro) So Increase in Staffing: Request for two additional part-time recreation aide positions to support the after-school program at Marana Middle School (Jane Howell) Upon motion by Council Member Escobedo and seconded by Council Member McGorray, the Consent Agenda was unanimously approved. B. COUNCIL ACTION 1. Presentation/Discussion: Update on Old Pueblo Archaeology site at the Marana District Park (Farhad Moghimi) Mr. Reuwsaat prefaced this presentation by noting that Allen Dart, Executive Director of Old Pueblo Archaeology Center, would be giving a brief update on historical and archaeological features of the Marana District Park site. He commented that this project, a joint effort between the Town and Old Pueblo, was awarded the 2002 Governor's Archaeology Award and had also recently been awarded a grant to continue the public educational portion of the project. Mr. Dart presented the Council with a brochure and an informational sheet listing ongoing archaeological efforts within the Town's boundaries. He introduced several Old Pueblo Archaeology Center Board members who were in attendance at this meeting. The group included Vice President Edward Gladish, Treasurer JoAnn Cowgill, Secretary Mark Severson, and members Steven Stacey and James Trimball. He continued by giving a short synopsis of each project listed on the handout. Examples of these projects include archival research for a topical outline of Marana's history resulting in a special publication, The Cultures and History of Marana, test excavations and archaeological investigations at numerous sites along Silverbell, Cortaro Farms, and Ina Roads as well as a partnering agreement with the Town for an archaeology report on the Marana heritage program involving the Yuma Wash field school and Boj6rquez-Aguirre Ranch data recovery. At the conclusion of his portion of the presentation, he introduced Dr. Courtney Rose, Project Director, who continued with the visual portion of the session. Dr. Rose described activities shown in a series of slides of various dig sites throughout the Town. She spoke about the cultural attributes of the Hohokam, who were the primary inhabitants evidenced at the Yuma Wash site, and said that they began appearing in the region along the Gila and Salt Rivers and in the Phoenix area around 650 A.D. She informed the audience that the Hohokam were adept farmers, possessing a complex irrigation system, and that they cultivated the agave plant for use as a food source, for twine to make sandals, or for use in weaving textiles. She added that they were hunters and had an extensive trade network. Dr. Rose noted that evidence of various ritual items such as stone pallets for mixing pigments associated with burial rituals, incense burners, clay figurines and effigies were discovered in the Pima Wash area. She described their style of living as communal, with groupings of pit houses, and conveyed that the Yuma Wash site was most intensively occupied in the Classic Period between 1100 and 1450 A.D. She indicated that the Hohokam underwent dramatic social changes both culturally and economically during this period and that rituals changed, such as the cremation of the dead. This ritual was no longer practiced and burials were begun. The figurines and incense burners fell out of use and shell jewelry became more prevalent during the Classic Period, especially at the Yuma Wash site. Another change was that agave cultivation became more important than maize cultivation and the Hohokam seemed to abandon the major river valleys and moved further inland. She disclosed that their e e forms of architecture utilizing the courtyard clustering style fell out of use as well and platform mounds became the vogue because of the higher level of security with restricted access. She communicated that there were many different activities taking place in the ancient community which indicated a higher level of social complexity, very different from the pre- classic Hohokam. She acknowledged that excavation had provided evidence that the Yuma Wash and surrounding area had been consistently occupied beginning in the pre-classic era through the classic period and indicators suggested that many people lived in this area intermittently over the many years. The Yuma Wash became an important locale because of its closeness to the Santa Cruz River where the bank overflow could be used for the floodplain irrigation and agriculture. Around 1150 A.D., the Santa Cruz River became stable and would have been very favorable for agriculture during that time period. Additionally, Dr. Rose declared that with the discovery of a large proportion of rare artifacts at this site, the Yuma Wash site was a strategic location for trading materials such as shells which were imported from the Gulf of California. Through this project, Dr. Rose believed that Old Pueblo Archaeology had the opportunity to contribute in three major ways. These included making a scientific contribution through research, teaching those interested in archaeology about field work and preservation and sharing those results with the public, and bringing part of Marana's heritage to life for the residents to appreciate. There were no questions from the Council and no further discussion at this time regarding this item. EXECUTIVE SESSION: Pursuant to A.R.S. Section 38-431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Aegis v. Town of Marana (Dan Hochuli) Mayor Sutton was informed by the Town Attorney that an executive session was not required at this time. Action on Executive Session, Item IX. B. 2, pursuant to A.R.S. Section 38-431.03 (A)(4) for discussion and consultation with the Town Attorney in order to consider the Town's position and instruction its attorney regarding the Town's position in Aegis vs. Town of Marana (Dan Hochuli) There was no action taken regarding this item. MAYOR AND COUNCIL'S REPORT Council Member Honea congratulated Mayor Sutton on the unanimous success of the State of the Town address and said that he had received many positive comments from the community. He observed that the address clearly defined the Town's direction and goals. He noted his disappointment in the poor turnout from several of the neighboring jurisdictions and exclaimed that Marana officials took pride in attending pertinent meetings held by Pima County, Tucson, Oro Valley or Sahuarita. Council Member Escobedo joined Council Member Honea in applauding the Mayor for his address and added that he was happy to see the large turnout of attendance from residents, Town staff, and members of the business community. He said that this clearly indicated the unity of the Town's stakeholders. Mayor Sutton commented that he too was exceptionally proud of the show of unison and that this was a sure sign of the dedication to the Town's future. Mayor Sutton continued by thanking his staff for their dedication and expert coordination of the State of the Town address. He voiced his highest praise and commendation to all of the staffers who participated in the address's preparation. The Mayor reported that the Town had received a plaque from the National League of Cities and Towns in honor of its five year membership. He said that he had served on the Transportation Infrastructure Subcommittee this past year and that a committee report would be forwarded to the White House for review and implementation consideration within the newly formed Homeland Security department. He further reported that the Arizona League of Cities and Towns had requested that a representative from Marana serve on the local State steering committee of this study group. He said that he hoped some of the ensuing legislation would help the country as a whole. D. MANAGERS' REPORT There were no reports at this time. ge XI. FUTURE AGENDA ITEMS Jocelyn Entz reminded the Mayor and Council that candidate packets for the Spring 2003 election were available through her office and that the deadline to turn in these packets was December 11, 2002. There were no topics suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member Blake, unanimous approval to adjourn was given. The time was 7:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 19, 2002. I further certify that a quorum was present. Jocelyn Entz, Town Clerk MARANA TOWN COUNCIL MEETING Public Attendees Name Address ? TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3,2002 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2002-133: Agreement between Town of Marana and Canoa Development, Inc. for Construction of Water Facilities Under Private Contract. DISCUSSION: Canoa Development, Inc. desires to install an On-Site Water Facility to provide service to a development now known as Block 10 at Continental Reserve. Pursuant to an Agreement between the Town of Marana and Canoa Development, Inc., the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Block 10 at Continental Reserve. Attached is the Town of Marana Agreement for Construction of Water Facilities Under Private Contract. This project cannot move forward until the Council approves the terms and conditions of the Water Facilities Contract. The Marana Water Utility Advisory Committee has approved and recommends the agreement to Council for approval. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend approval o f the agreement between the Town and Canoa Development, Inc. for the construction of on-site water facilities for Block 10 at Continental Reserve. SUGGESTED MOTION: I move to approve Resolution No. 2002-133. UTIL/CBD/APM 11/27/029:12 AM Resolution No. 2002-133 MARANA RESOLUTION NO. 2002-133 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND CANOA DEVELOPMENT, INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, Canoa Development, Inc. intends to facilitate the development of that certain property to be called Block 10 at Continental Reserve (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Canoa Development, Inc. (the "Agreement"); and WHEREAS, Canoa Development, Inc. desires to arrange for the provision of water service within the Property in connection with development thereof; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Canoa Development, Inc. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Marana, Arizona Resolution No. 2002-133- Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and incorporated herein by this reference for construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2002-133- Page 2 of 3 EXHIBIT "1" Maxam, Arizona Resolution No. 2002-133- Page 3 of 3 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this ~ day of 2002, by and between the TOWN OF MARANA, hereinafter called the Town, and Canoa Development, Inc., hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Continental Reserve, Block 10, Lots 1-69) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: N/A (1) The water facility will be a Protected Main per Plan No. and, therefore, will be subject to the conditions outlined in Section VII of this Agreement. N/A (2) The water facility will be a Protected Booster per Plan No. and, therefore, will be subject to the conditions outlined in Section VIII of this agreement. X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. N/A (4) The system herein permitted is located within the Continental Reserve area specific water system plan and is thereby subject to an additional water development fee as authorized herein and by the Marana Municipal Water Code. Payment of the development fee is required prior to water service connection to the system. N/A (5) The Applicant acknowledges that the Town may not have an adequate water supply in the vicinity of the above-described property to meet fire flow requirements. The Applicant further acknowledges that this condition may not change in the future and agrees to accept the level of water service that now exists or may exist in the future. Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of the provision, or failure of the Town to provide, water service adequate to meet fire flow requirements to the property. N/A (6) Town agrees to reimburse the Developer for the cost differential for constructing excess facility's capacity in accordance with the rates as specified herein and in the Marana Municipal Water Code (or as amended thereafter). Reimbursement payment shall be initiated upon "final acceptance" of the facilities by the Town.. X (7) The installation charge for each five-eighth-inch (5/8") meter will be Eleven Hundred Dollars ($1100.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0201-002 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0201-002 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." o o The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 2 II. o Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new ox~er unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction A~eement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION o When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. 3 III. PRECONSTRUCTION PROCEDURE 1. 2. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. o No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. The Applicant shall, at Applicant's expense, obtain all necessaD, permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." o The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 4 In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. o The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. PROTECTED MAIN (N/A) Any portion of the system described as a Protected Main in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. (a) Participating property which is resubdivided or split in such a manner that any portion thereof no longer fronts upon the protected main for a distance of at least fifteen feet (15') will not be considered a participating property and will not be eligible for a water connection to the protected main or any main in the absence of a remote meter agreement. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eligible for refund of that portion of the cost that is not directly attributable to providing water service solely to Applicant's property as follows: 5 (a) When a meter application is received by the Town for a water service or water main connection to the water main installed pursuant to this Agreement by nonparticipating property fronting the main, the Town will collect the fees required herein and by the Marana Municipal Water Code and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro-rata share of the refundable portion of the cost of the water main based upon the "As-Built" footage of the main installed by the aforesaid Agreement in said street, alley or easement right-of-way. (c) In no event will the aggregate amount refunded exceed the full, authorized refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded within fifteen (15) years from the date of this Agreement, any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged from any further obligations under this Agreement. Upon completion of construction, a refund amount due to the Applicant will be determined based on the rates set forth in the Marana Municipal Water Code. The Town makes no guarantee that the Applicant will recover the full balance due in case it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main installed or if the property is served by mains otherwise constructed. Extensions of the system described in the preamble hereto to provide service to subdivisions, lots or parcels remote from the street, alley or easement right-of-way line containing the aforesaid protected main, will not be subject to protected main fees. PROTECTED BOOSTER (N/A) Any portion of the system described as a Protected Facility in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eligible for refund of that portion of the cost that is not directly attributable to providing water service solely to Applicant's property as follows: (a) When a meter application is received by the Town for a water service served by the booster installed pursuant to this Agreement by nonparticipating property, the Town will collect the fees required herein and by the Marana Municipal Water Code and shall be refunded to the Applicant. (b) (c) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro-rata share of the refundable portion of the cost of the booster based upon the final cost of the booster installed by the aforesaid Agreement. In no event will the aggregate amount refunded exceed the full, authorized refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded within fifteen (15) years from the date of this Agreement, 6 any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged from any further obligations under this Agreement. o Upon completion of construction, a refund amount due to the Applicant will be determined based on the rates set forth in the Marana Municipal Water Code. The Town makes no guarantee that the Applicant will recover the full balance due in the event it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main installed or if the property is served by mains otherwise constructed. o Refundable amounts will be based upon a pro-rata share of the final cost of the facility improvements divided by the nonparticipating area yet to be developed in accordance with the Marana Municipal Water Code and this agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. [The remainder of this page intentionally left blank] 7 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. CANOA DEVELOPMENT, INC. Applicant Print Name 310 S. Williams Blvd., Suite 340 Tucson, Arizona 85711 STATE OF ARIZONA) )ss. COUNTY OF PIMA ) On this, the day of /[/~t~,7)/.9~;'C-,2002, before me the undersigned officer, ._~.-" .'_~""~-~-e~.~known to me to be the persons who personally appeared subscribed the foregoing instrument, and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. I have hereunto set my hand and o~fficial · My Commissio: -~-. ~-~$~ Notary Public- ~izona ~ ~0~ OF ~A J:$~t By: Its: APPROVED AS TO FORM ATTEST: By: By: As Town Attorney and not personally Town Clerk 8 EXI-IIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 9 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 10 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: N/A [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 11 EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. 12 EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] N/A 13 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2002-134: Agreement between Town of Marana and Sunset Quality Builders, Inc. for Construction of Water Facilities Under Private Contract. DISCUSSION: Sunset Quality Builders, Inc. desires to install an On-Site Water Facility to provide service to a development now known as Dave Phillips Parcels 1 & 2. Pursuant to an Agreement between the Town of Marana and Sunset Quality Builders, Inc., the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Dave Phillips Parcels 1 & 2. Attached is the Town of Marana Agreement for Construction of Water Facilities Under Private Contract. This project cannot move forward until the Council approves the terms and conditions of the Water Facilities Contract. The Marana Water Utility Advisory Committee has approved and recommends the agreement to Council for approval. RECOMMENDATION: The Water Utility Adv/sory Committee and staff recommend approval o f the agreement between the Town and Sunset Quality Builders, Inc. for the construction of on-site water facilities for Dave Phillips Parcels 1 & 2. SUGGESTED MOTION: I move to approve Resolution No. 2002-134. UTIL/CBD/APM 11/27/029:12 AM Resolution No. 2002-134 MARANA RESOLUTION NO. 2002-134 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND SUNSET QUALITY BUILDERS, INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, Sunset Quality Builders, Inc. intends to facilitate the development of that certain property to be called Dave Phillips Parcels 1 & 2 (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Sunset Quality Builders, Inc. (the "Agreement"); and WHEREAS, Sunset Quality Builders, Inc. desires to arrange for the provision of water service within the Property in connection with development thereof; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Sunset Quality Builders, Inc. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Marana, Arizona Resolution No. 2002-134- Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and incorporated herein by this reference for construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Mamna, Arizona Resolution No. 2002-134- Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 2002-134- Page 3 of 3 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER I'RIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 or' tile Marana Municipal Cocle. made and entered into this _.. day or' 2002, by and between the TOWN OF MARANA, hereinafter called the Town. and Sunset Quality Builders. Inc.. hereina~er called the Applicant. - WITNESSETH: \.VHEREAS. tile Applicant desires to install a water lhcility to provide service to tile folloxvin~ described parcel or'land (legal description)described on Exhibit "A" attached hereto: and ~ WHEREAS. the tbllowing special condition(s') applies to tile above-described property only when so indicated bx.' an "X" next to the condition described belo~v: ' N/A _(I ) The water t'acilitv will be a Protected Main per Plan No. xxill be subject to the conditions outlined in Section VII of this Agreement. ...... eX_" .... ( 3 ) X (4) 5 ...... (5) and, therei~bre, Tile water facility will be a Protected Booster per Plan No. and. therelbre, will be subject to tile conditions outlined in Section VIII of this agreement. Prior to tile final inspection. Applicant shall pay to tile ]'owr all applicable tees as authorized by' the Marana lVlunicipal Water Code. The system herein permitted will be located within tile Picture Rocks a,'ea specific water system plan and is thereby su~jcct to an inclusion f~e as authorized herein anti by the Marana Municipal Water Code. Payment of the five hundred dollar ($500.1 per acre inclusion f~e is required prior to xxater service connection to the system. The Applicant acknowledges that lhe Town may not have an adequate water supply in tile vicinity of the above-described property to meet fire flow requirements. The Applicant fi,'ther acknowledges that this condition may not change in tile future and agrees to accept the level of water service that now exists or may exist in the future. Applicant shall indemnit3/, defend, and save harn~less the ]'oxxn, its Mayor and Council. officers and employees, boards, commitlees and commissions fi'om and against any loss, cmim, suit. dgmand, cause of action, or liability o1" any nature, including but not limited to dama,.z,e to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part. out of the provision, or lhilure of the Town to provide, water service adequate to meet fire flow requirements to the properly. (6) Town agrees to reimburse tile Developer tbr tile cost differential for constructing excess fi~cility's capacity of 6" main line across Camino Verde pet' plans in accordance with the tales as specified herein and in the Marana Municipal Water Code (or as amended thereafter). Reimbursement payment shall be initiated upon "final acceptance" of the thcilities by the Town. X _(7) Tile installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00) plus a $75.00 security deposit. WHEREAS. the required plans, specifications, and mvterials lbr said t'acilitv have been approved by lhe Toxvn: and WHEREAS, tile Applicant desires that the Toxvn take ownership of: operate? and service said ~ater /hcility: and \VHEREAS, tile Town is willing to accept saki fi~cility and permit it to be connected to the Tmvn Water System provided it meets Town, Pima Cotmtv Depm~ment of Environmental Quality (PDEQ) and Arizona Department of Environmental Quality (ADEb) standards and the work is done in accordance with q'mv n req u irements. ' NOW, THEREFORE, in consideration of tile matters and conditions herein set fortl;. IT IS I:IEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a ;vater thcilitv accordance with Plan No. ENG-0208-010 and shall conform to the design smndarcls o~' the City o1' Tucson Water Depm~ment and the To~vn of Marana Mt,,icipal Water Code and special specifications and details as approved by the Town and by this reference made a paa hereot~ The document refbrenced herein as Plan No. ENG-0208JI 0 shall include a plan note tbr new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed bv the State of Arizona as determined by the Arizona Registrar of Contractors (A. A-12, A-l~) to perlbnn work described herein in accordance xvith plans approved bv the Town. Belbre any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connectkm lbes required by the Marana Municipal Water Code or any other required fbes retbrenced therein. 4. No service connections will be made until tile system has been accepted by tile Toxin in accordance with tile Marana Municipal Water Code. PDEQ and ADEQ. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of fi'ontage upon that main. The provision or existence of'a water or other utility easement shall not constitute fi'ontage tbr purposes of this paragraph. ' 6. Meter application xvill be accepted only if the property to be served is fi'onting the waterline. Only one water meter application will be alk)wed per legal description unless property owner can provide the Town with justified plans as to what type of improvemenffdevelo~ment is taking place on the parcel of land. Ifa property owner applies tbr a meter while the prope~xy is ti'onting the water main and later sells that po~ion or' land which is fi'onting the ~vater main, the water meter xvill revert to the new owner unless other arrangements are made and are approved by Engineering Suppoi~ Services prior to conveyance. It. 111. The Applicant shall fi~rnisb all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that ~l~e Applicant has reviewed the plans and specifications, approved the location of service lines, and is in fidl accord therewith. Prqjects that are inactive fin' more than one veto' will be canceled, along xvitb the Consm~ction Agreement, if applicable. An tmapproved blah will be canceled if more than one year has passed since the last review and the pkm has not been resubmitted. An approved plm~ will be canceled if more than one vear has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of constructi(m is greater than Txvelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certifv the layout according to the approved plans. - . Any' inspector authorized by tile q'oxx n shall have fidl inspection authority over tile work to be perfimned hereunder. - The Applicant shall fiu'nish tile Toxvn Inspector xvith reasonable facilities for obtaining intbrmation concerning the work. Tile work shall be subject to Town inspection at all times. Dei'bctive work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the 'l'oxvn is for the pm'pose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to tile sat'ety or en~ineerin,,z soundness oF plans preparecl by Applicant or any contractor. ~ In tile event that, because of contractor scheduling, a Toxvn Inspector is causeJ to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town. the Applicant or the contractor shall compensate the Toxx n Ibr any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspect/on costs xxill be billed to the Applicant. A normal work period shall be defined as tb~1y (40) bouts il~ a seven (7) day work period, usually worked on an eight (8) hour day. five (5) day basis, commencing on Monday and end:ng on Friday, continuing in seven (7) clay increments. ' -, PRECONSTRUCTION PROCEDURE I. The Applicant shall submit a written request to begin construction to the Town rive (5) xvorking days prior to the time tile xxork is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance ora construction permit. No work shall commence until the Town has issued a construction permit whk:b will specit~, tile starting date and a reasonable time tbr completion. ]'lie work shall be commenced and carried on at' such points and in st;cb order as may be directed by the Town. IMaterials used in tile construction shall be available tbr sampling and testing prior to being used in the work. Materials that/ifil to meet Town specification shall be removed fi'om the site. Tile Applicant shall, at Applicant's expense, obtain all necessary permits and licenses fbr work permitted herein, pay all fees and comply x~ith all laws. o,'dinances and regulations relating to tile work, public health and satbty, and salbtv of Applicant's employees or employees ol'Applicant's cont,'actors. ' - CONSTRUCTION The Town shall be notified oflhe date upon whicll work shall be commenced. The Applicant. or Applicant's designated agent, shall be present at all 5roes during performance of the work. The name of the designated agent and the contractor pertbmfin~ the work shall be fin'nisbed to the Town befbre commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. Tile Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work. and the Applicant agrees to perKmn tile work diligently to complete the work on or betb,-e the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing v, ater system either on-site or off:site necessitated bv pavin,.z, drahm,.ze, or o':bet improvements caused by this development. ' ~ ~ The Applicant shall require the Contractor or subcontractor to :omply with all safety requirements of the Occupational Safety and Hazards Act as set tbrtb b5 the Feder,~l Govermnent and as implemented by' the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible tbr all fines or other penalties provided tbr by lau, for any., violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability inlposed by law. which liability is not affected hereby, 0~1 behalf of Applicant and any contractor hired ~v Applicant to perform any work hereunder, Applicant shall indenmit3,, detbnd, and save b~'mless the Town. its Mayor and Council. officers and employees, boards, committees and commissions t?om and aaainst any loss, claim, suit, demand, cause of action, or liabilit3 of any nature, inclucling but not limited to damage to property and injuries to persons, including death, arisin~ or alle,,ed to bare arisen, in M~ole or in parl. out of any negligent acl or omission of Applicant or any such contractor or any subcontractor, or any person employed directly o' i ldirectly. ~v any of them in th~ pertbrmance of any work or operations pursuant to this Am'eement. DEDICATION The Applicaat shall, antI does. hereby ,.zrant. barmfin, se . comev, translbr and del vec to the -Frown said water thcilit) to be insta .~cl~pursuant~o this A,,reeme'~t flee m'd c c ai ns. c lathes .... - ~ , ~ or encumb~,mces upon (mai acceptance ot smd work by the To~vn. Thc Applicant guarantees lhe xxork ~o be fi'ee fi'om all fifilm'es due to poor workmanship or mater/als tbr a period of two (2) years fi'om the final acceptance (late by the Town. The Applicant shall not construct any utility, building, or other improvement that would intcrtbre with the operatioa or maJmemmcc ~t' the waterline or water facility to be installed pursuant to this Agreement. The Applicant filrther gtmramces that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible tbr raisine/lowerin,, said services as required until the area described is fidly developed. ~ ~ The Toxvn shall accept title to and take possession of the said facility upon completion of said work to the satisthction of the Town and PDEQ approval, and upon acceptance and approval or'said work. the toxvn shall operate and service said thcilitv. PROTECTED MAIN (~/A). Any portion of tile system described as a Protected Main in tile preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. (a) Pm~icipating property which is resul~divicled or split in such a manner that any portion thereof no longer li'onls upo~ the protected main tbr a distance of at least fifteen (bet (15') xxill not be considered a participating property and will not be eligible tbr a ~x. ater com~ecrion to the protected main or any main in the absence of a remote meter agl'eelllellt. ' Upon completion and acceptance of tile thcility installed pursuant to this Agreement, tile Applicant may be eligible tbr retired of that portion of(be cost that is not directly auributable to providing water service solely to Applicant's property as [bllows: (a) When a meter application is received by the Town tbr a water service or water main com~ection to the waler main iastalled pursuaat to this Agreement by nonpm~icipatina property fi'on(ina the maim the Town will collect ' ' ~ the tbes required herein and by the Marana Municipal Water Code a~K~ shall be refimded to the Applicant. (b) These sums, or portions thereot~ when collected by the Town Shall be re'~hncled to the Applicant as a pro-rata share of the rcfimdable portion of the cost of the water main based upon the "As-Built" tho(age of the main installed by the albresaid Am'cement in said street, alley or easement righboI2xvay. (c) In no event will the aggregate amount refimded exceed the fidl, authorized refimdable portion of the cost of the xva~er tbcilities installed. In the event the fidl authorized amount has not been refimded within fifteen (15) years fi'om the date of this Agreement. any balances remaining unpaid shall be considered canceled, and the Town shall be cliscbarged fi'om any filrther obligations under this Agreement. 4-. Upon completion of construction, a refund amount due to tile Appkcant will be determined based on file rates set tbrth in tile Marana Municipal Water Code. Thc Tolvn makes no guarantee that the Applicant xxill recover tile becomes llCCessary [o CO~lStrt~ct other water mains Io serve the sallie properties or if the sums collected do not cover the fidl cost of the x.vater main installed or if the prope~v is served by n~ains ofllerx~ ise constructed. Extensions of tile system described in tile preamble hereto to provide service to subdivisions, lots or parcels remote fi'om tile street, alley or easement right-olCxvay line containing the albresaid protected main. ~l ill not be subject to protected main tbes. I'ROTECTI:.I) BOOSTER ~_/~A) Any portion of the system described as a Protected Facility in the preamble hereto shall be eligible for protection as authorized herein and bv the Marana Municipal Water Code. Upon completion and acceptance of tile ihcility installed pursuant to this Agreement, the Applicant may be eligible fbr reftmd of that portion of/he cost that is I'~ot directly attributable to providing water service solely to Applicant's property as lbllows: (a) When a meter application is received by the Town tbr a xvater service served by tile booster installed pursuant to this Agreement by nonparticipating property, the Fown will collect tile tees required herein and by tile *'larana Municipal Water C~de and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by tile To/vn shall be refunded to tile Applicant as a pro-rata share of the refimdable portion of the cost of the booster based upon the final cost of the booster installed by the aforesaid Agreement. (c) In no event will the aggregate anloullt retkmded exceed the fidl, authorized refimclable port/on or'the cost of the water lhcilities installed, hi the event the tidl authorized amount has not been refimded wifl~in fifteen (15) years fi'om the date or' this Agreement, any balances remaining unpaid shall be considered canceled, and the Toxvn shall be dischargecl from any fi,'ther obligations under this Agreement. Upoll completion of collstructioll, a refinld amount due to the Applicant will be determined based on the rates set tb~th in lhe Marana Municipal Waler Code. The Toxvn makes no guarm~tee lhat the Applicant xxill recover the fidl balance due in the event it becomes necessary to co~lstrtlc/other water mains to serve the same properties the stlms collected cio not cover the fidl cost of the water main installed or if the properly served by mains other~vise constructed. Refimdable amounts will be based upon a pro-rata share of tile final cost of tile facility' improvements divided by tile nonparticipating area ,,,'et to be developed in accordance with the Marana Municipal Water Code a,d this a',zreement. Tills AGREEMENT shall be binding upon and inure to the benefit of the heirs, execulors. administrators, successors and assigns or' the parties: provided however that Applicant may not assim~ this Agreement without the prior written consent ot'the To~vn. ~ THIS AGREEMENT is subject to cancellation tbr conflict of interest pursuant to A.R.S. ~38-511. [The remainder ol'this pa_..ge intentieually left blank] IN WITNESS WHEREOF. the Applicant has executed or has caused this hlslrt:ment to be executed by/ts proper officers hereunto duly authorized, and the To~vn has caused this instrumen': to b,e executed by irs proper officers lhereunto duly authorized, :ill as of the clay and .,,'ear first above xvritten. STA'FE OF ARIZONA) )SS. COUNTY OF PIMA ) Sunset Quality Builders. Inc. ~_ App4q~a~ % '5 ~'/ / S/gnalure Print Name Title Street Address -- .__,...,-----~ City State Zip Code .- . o. ,,is_,~ /~ day or d~~ '00. bero,-e me e,'so. ~l;~-~']~tAtl~', k,o-x,n to nZ~.'-~ 7- :' p ally appeared ,,-k-,~,,,,~~ ~,~ u,c persons who subscribed the fbre~oin~ i~strume ~t and acknoxxlec~ge.that they executed the same tbr and o~ behalf of .' '- - ~ .~.. purposes and considerations therein expressed sam pe~son/corpo~anou for the IN WITNESS WHEREOF, I have her~t my hand and ot~Scial seal. 'I"HE TO\VN OF MARANA Its: APPROVED AS 'FO FORM ATTEST: By: As Toxsn Attorney and not personally By: TOXVll Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH I.EGAL DESCRIPTION [Please slip tlie location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Relbrence is hereby made to those certain 24" X 36" engineering drawings o£the On-Site Water Facility Plans. Copies O['StlCll engineering drawings may be reviewed at Marana's oflSces. Applicant will provide engineering drawings of the On-Site Water Facility in electronic tbrmat. Such engineerin~ ch'awinas may be more specitically described as tbllows: ~ ~ [Pier, se provide a detailed description ol'the Plans and Specifications including lhe date and the code hum bet of tile Plans and the name oi' file Engineering firm which prepared tile same.] EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO lie CONSTRUCTED BY TI-IE TOWN OF MARANA HEREUNDER Relbrence is hereby,' made to those certain 24" X 36" engineering drawings of the Oft-Site Water Facility Plans. Copies of such engineering drawings may be reviexved nt Marana's offices. Suck engineerilm ch'a~vings may be more specifically described as lbilox~s:~ [Please provide a detailed description of the Nans and Specifications including tile date and the code number of' tile Phms and the name of tile Engineering firm which prepared tile same.] E×H IBIT ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of tile Estimated Cos~ ~fthe On-Site Water Facility to be installed in accordance w/th this A~reement behind this cover sheet.] Please set [brth the total expense the Developer/Applicant is to incur f~3r the construction. OCT. 18, 2_002 ERIC SH~=pp PII"dA CO. DFPT. OF F:NVIRONI'.dENTAL QUALJT"f' DEAR ERIC, SUBJECT.. POTABLE I/',IATERLINE EXTENSION '-:: TO SERVE DAVE PHILLIPS PARCEL'Si:-:~;2 TOWN OF PiARANA PLAN NO. EN®020~IO I AN P~EQUFSTIN® AN EXEMPTION FROM ADEQ '~A~PROVAL TO CONSTRUCT" FOR THE SUBJECT PROJECT PERARIZONA ADP/IN. CODE RIS-4-5OS-B-4. ENCLOSED 1S I~1=% OF THE /dATERLINF PLAN AND COST ESTIP/ATE. ' ..... ~':' SHOULD YOU HAVE QUESTIONS CONCERNING THI~J P--~Ed~UEST OR THE PROJECT PLEASE CALL btE~~3_ctq-/i SINCERELY, I'qA"r'NE THUP-.ESON, P.E. 5¢10 P4. EL CAt'dlNO DEL CEP-.RO TUCSON, AZ. 85745 ATTACHP/ENT - PLAN ,¢ COST ESTIMATE CC,: DAVE PHILLIPS, PROPERTY OIdNER FINAL ESTIMA~ & MATERIAL TAI~--OFF This project is installing Potable Ma/ns .. This project is locmed entirely/partly within the ,/~,~'~/,/',~ This project is located entirely/partly within service area. City/Town Limits. Pipe Pipe ............................... @ DJ. Pipe ............................ @ ~ " waves, B & c ....................... @ 3L)O~ ~" Valves, B & C ....................... @ /'~) ~.~- Valves, B & C ....................... @ Valves, B & C ....................... @ Tapping Sleeve.& Valve, B & C ......... @ Tapping Sleeve & Valve, B & C ......... @ 2" Drain Valve Assembly (Paved Area) ............ @ 2" Drain Valve Assembly (Unpaved Area) .......... @ ~ Hyc~an ~s ................................ @ Paving RepL 6"ABC ~-* Asphalt .................. PavingRepL 6"Conc. T" Asphalt ................. @ /~ TOTAL KSTIMATE Total Estimate (Include~), (Does not/nc//de) I~ms from Supplementary Sheet w:kiocuments~4o~tforms~stcost, doc rev. A/11/02 EL PASO NATURAL GAS gight-of-Way Encroachment Water Line Crossing 0 8. This is to advise that El Paso Natural C-as Coml3any has no objections to the-above crossing provided that you comply with the following construction and safety requirements as checked [] below:. Conlact our District Manager, at .~.7..D-~'7~/- ~/~/.z ? , 48 The proposed wale- line ca3ssing shall be installed over or under our subject pipe~ne(s) with a mira'hum veri~cal clearance of 24 incbes between ~- [me and m~rs and the depth will remain constant across our righ~ ~ way; No manholes, meters, valves or a~ are I~ be installed ~ our"~6t width of right of way. The right ~ way Mll be mad(ed for reference p~or to any ac~vtlJes. Your line shall class ~ facilities at an angle of 90 degrees or aSn-ea.'*~0 90 degrees as is practic~. Any deviat~ sha~ be c~red b'mxaah our disa'ic~ The operation of any excavating eqtljpment upon, over or within 5 ~ of our pipe~,,e($) is prohibited unless authorized by (~. c~sfl'ict off, ce or district personnel if file line is of a metair~c substance, a minimum of 2 cathodic protecbon test leads must be iris~ed at Ihe cr,3s$'_mg localion or'as directed by our district corrosion personnel. Adherence to ail Federal, Stats and Local laws that may be appr~J3te Io the installation o~ your facfifies for crossing natu~ gas pipelines. This also includes notifying ihe 'Afizmla Blue Stake" and having a codified irlspect~x on 'd~e job silo during any trenching acUvities as required by OSHA regulatiom. d By giving our consent to the proposed instellatkm of lbo waler line aczoss our fac~ies, il is undersleod that we do not assume any _add3fional respo~ ~or protecting our ~, nar will we incur any liab~My for damacjes to persons ar property which may result from ltm propased ins~ilafion of ~ water ~ Furthermore, al wod[ pe~fommd in cer, necfien with the installation of the water line wi~ be withoul expense, risk or ~abE, ty to B Paso Natural Gas Company or any of its Directors, agonis..represefffatives or//~y~es. A~.~-~ ' - ~ - ' - Wld3/O0 Paso Natural Gas District Manager ~ . ..,. / 'Ill FAX i::~ONE (-,~20)-'/'4:~-1'710 We are sending you ~t~ ~] Shop drawings Copyof letter LE'UI'ER OF 'I'RAI~SIMITI'AL Attached Under separate cover via ..... the follmvi~_ ite~ns: COPW. S DATE NO. THESE ARE TRANSMITTED as checked below: ~For approval ~--] For your use ~-}As requested f--'] For review and comment ~ For bid~ dne ~ Approved as submitted ~--'~ Approved as noted f'---~ Returned for corrections .... ~.- 7;'~' :7 -- COPY TO SIGNED i J Resubmii __ ~opi~s for approYal ' ~] Prinls rettra~ed after loan to us EXHIBIT "E" ACTUAL COST OF ON-SITE WATi£R FACILITIES [To be attached at time ol'completion.] TOWN COUNCIL MEETING INFORMATION DATE: December 3, 2002 AGENDA ITEM: IX. A. 3 TOWN OF MARANA TO: FROM: Mayor and Council Brad DeSpain, Utilities Director SUBJECT: .Resolution No. 2002-135, Central Arizona Project Incentive Recharge Agreement between the-Central Arizona Water Conservation District (CAWCD) and the Town of Marana (the Town) providing for the delivery of excess Central Arizona Project (CAP) water. DISCUSSION: In order to maintain our Designation of Assured Water Supply, the Town ~s required to recharge or directly use renewable resource water to offset the groundwater we pump, which was 572 acre-feet in 2001. We currently have 47 acre-feet of subcontract CAP water to recharge, and this agreement will enable us to purchase additional CAP M&I incentive recharge water. The water supply to be furnished under the contract is incentive recharge CAP water or, in other words, CAP water that is determined by CAWCD to be available in any year after the water orders of all CAP subcontractors and CAP Indian contractors have been satisfied. The price for incentive recharge water service for 2003 is $54 per acre- foot. The recharge can be accomplished as in-lieu recharge with Cortaro/Marana Irrigation District. The Marana Water Utility Advisory Committee recommends approval of the Agreement by the Council. RECOMMENDATION: The Water Utility Advisory Committee and Staff recommend that the Council approve the Agreement between CAWCD and the Town providing for the delivery of excess CAP water. SUGGESTED MOTION: I move to approve Resolution No. 2002-135. UTIL/CBD/APM/11/27/029:14 AM Resolution No. 2002-135 MARANA RESOLUTION NO. 2002-135 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND CENTRAL ARIZONA WATER CONSERVATION DISTRICT PROVIDING FOR THE DELIVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER. WHEREAS, the Town of Marana, in order to maintain its Designation of Assured Water Supply, is required by the Arizona Department of Water Resources (ADWR) to recharge or directly use renewable resource water to offset the groundwater pumped each year; and WHEREAS, the Town of Marana pumped 572 acre-feet of groundwater in 2001 and has a current agreement with CAWCD to acquire 47 acre-feet of CAP water for recharge; and WHEREAS, the United States of America, acting through the Department of the Interior, and the Central Arizona Water Conservation District (the "CAWCD") entered into an agreement on December 1, 1988, whereby the CAWCD may sell for various uses water that is not already allocated for distribution by the CAWCD; and WHEREAS, the Town of Marana desires to obtain an additional source of water for the purpose of recharge or directly using a renewable water source to fulfill its Designation of Assured Water Supply; and WHEREAS, the CAWCD may annually have additional water that the Town may use for recharge or for directly using a renewable water source and has offered to contract, through the Agreement, with the Town for the contingent purchase of that water; and WHEREAS, acceptance of the Agreement between the Town of Marana and the CAWCD providing for the delivery of excess Central Arizona Project ("CAP") water will enable the Town to contingently purchase additional excess CAP water; and WHEREAS, the Town has contracted with Cortaro/Marana Irrigation District to recharge the CAP water and the Town will gain stored water credits for the recharged water, which will satisfy the recharge requirement of ADWR; and WHEREAS, the Mayor and Council find that it is in the best interest of the Town to enter into the Agreement with CAWCD to purchase excess CAP water. Marana, Arizona Resolution No. 2002-135 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement between the Town of Marana and the Central Arizona Water Conservation District providing for the delivery of excess Central Arizona Project Water. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2002-135 Page 2 of 2 3 4 5 6 7 9 10 12 13 15 16 17 19 20 21 22 23 24 25 26 Incentive Recharge Contract AGREEMENT BETWEEN THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT AND TOWN OF MARANA PROVIDING FOR THE DELIVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER This Agreement is made as ofthe~ day of ,2002, in pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatorythereofor supplementary thereto, including but not limited to the Boulder Canyon Project Act of December 21, 1928 (45 Stat. 1057, as amended, the Reclamation Project Act of August 4, 1939 (53 Stat. 1187), as amended, the Reclamation Reform Act of October 12, 1982 (96 Stat. 1263), and particularly the Colorado River Basin Project Act of September 30, 1968 (82 Stat. 885), as amended (the "Basin Project Act"), between the CENTRAL ARIZONA WATER CONSERVATION DISTRICT ("CAWCD"), and the TOWN OF MARANA (the "Contractor"), with its principal place of business in Marana, Arizona. RECITALS A. The Basin Project Act provides, among other things, that for the purposes of furnishing irrigation and municipal and industrial ("M&I") water supplies to water deficient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development offish and wildlife resources, enhancement of recreation oppommities, and for other purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project ("CAP"). B. The United States and CAWCD have entered into Contract No. 14-06-W-245, Amendment No. 1, dated December 1, 1988 (the "Repayment Contract"), which is incorporated by reference, providing for the delivery of water and repayment of costs of the CAP. C. The United States and CAWCD have entered into the Stipulation Regarding a Stay of Litigation, Resolution of Issues During the Stay and for Ultimate Judgment upon the Satisfaction of 1 2 3 6 7 9 11 12 14 16 17 20 21 22 23 24 25 26 Conditions, filed with the United States District Court on May 3, 2000, in Central Arizona Water Conservation District v. United States, No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX- EHC (Consolidated Action) (the "Stipulation"), which modifies the Repayment Contract in certain respects. D. Paragraph 5(d)(2) of the Stipulation grants CAWCD the exclusive fight to sell or use Excess Water. E. The Contractor is in need of a water supply and desires to contract with CAWCD for Incentive Recharge Water, which is specificallypriced Excess Water made available for recharge purposes only. AGREEMENT Repayrnent Contract and Stipulation Controlling 1. The Contractor expressly approves and agrees to all the terms presently set out in the Repayment Contract and Stipulation, or as such terms may be hereafter amended, and agrees to be bound by the actions to be taken and the determinations to be made under those agreements, except as otherwise provided herein. In the event of any inconsistencybetween this Agreement and the Repayment Contract, the provisions of the Repayment Contract, as modified by the Stipulation, shall be controlling. Definitions included in the Repayment Contract and Stipulation are applicable to this Agreement. The first letters of terms so defined are capitalized herein. Deliver~ of Water by CAWCD 2. In so far as Project Water supplies and the delivery capability ofthe Project will perrnit, and subject to the provisions of the Repayment Contract and Stipulation, CAWCD will deliver Incentive Recharge Water to the Contractor in an amount, and at a water service charge, to be determined in accordance with the terms of this Agreement. The determination of whether Incentive Recharge Water is available for delivery in any Year, and, if so, the amount of such Incentive Recharge Water that is available for delivery under this Agreement in any Year, is a determination within the exclusive discretion of CAWCD; Prov/ded, however, That delivc~joflncentive Recharge Water under this Agreement shall be subject to the prior satisfaction of all water deliveries scheduled pursuant to a long-term contract or subcontract for Project $ 6 7 9 10 12 14 16 17 18 19 2O 21 22 23 24 25 26 Water service, as that term is used in the Stipulation. _"relTll 3. The initial term of this Agreement expires on December 31,2003. This Agreement will be automaticallyrenewed for successive one-year terms unless either party notifies the other by October 1 of any year that it does not wish to renew the Agreement for the following year or unless sooner terminated in accordance with Article 6 or Article 11. .Conditions Relatin~ to Delivery and Usc, 4. The delivery and use of water under this Agreement is conditioned on the following, and the Contractor hereby agrees that: (a) All uses of Project Water and Return Flow shall be consistent with Arizona water law unless such law is inconsistent with the Congressional directives applicable to the Central Arizona Project. (b) Project Water made available pursuant to this Agreement shall be used within Contractor's service area or place of use for direct or indirect recharge purposes only. The Contractor's service area or place of use is described in Exhibit A, which is incorporated by this reference, and maybe amended by the Contractor from time to time. (c) The system or systems through which Project Water is conveyed after delivery to the Contractor shall cons/st of pipelines, canals, distribution systems, or other conduits which will prevent excessive conveyance losses. (d) Project Water furnished pursuant to this Agreement shall be delivered through Project Works for use directly or by exchange as permitted by law. (e) Project Water furnished to the Contractor pursuant to this Agreement maynot be resold or transferred, but the Contractor may enter into an arrangement with a groundwater savings facility allowed under state law to store Project Water. (f) The Contractor shall not purnp, or within its legal authority, permit others to pump groundwater from within the exterior boundaries of the Contractor's service area for use outside of said ! 2 3 4 $ 6 7 9 10 12 13 15 16 17 19 2O 21 22 23 24 25 26 service area unless such pumping is permitted under Title 45, Chapter 2, Arizona Revised Statutes, as it may be amended from time to time, and CAWCD and the Contractor shall agree, or shall have previously agreed, that a surplus of groundwater exists and drainage is or was required; provided, however, That such pumping may be approved by CAWCD, and approval shall not be unreasonably withheld, if such pumping is in accord with the Basin Project Act and upon submittal by the Contractor of a written certification from the Arizona Department of Water Resources or its successor agency that the pumping and transportation of groundwater is in accord with Title 45, Chapter 2, Arizona Revised Statutes, as it may be amended from time to time. (g) Notwithstanding any other provision of this Agreement, Project Water shall not be delivered to the Contractor unless and until the Contractor has obtained final environmental clearance from CAWCD for the system or systems through which Project Water is to be conveyed after delivery to the Contractor at the Contractor's Project delivery point. (h) The Contractor may direct that Incentive Recharge Water made available pursuant to this Agreement be delivered to a groundwater savings facility for indirect recharge pursuant to a separate agreement between the Contractor and the operator of the groundwater savings facility;, Provided, however, that: (i) Incentive Recharge Water shall be used byan identified groundwater user on a gallon-for-gallon substitute basis directly in lieu of groundwater as provided in A.R.S. ¶ 45-812.01. (ii) The Contractor and the operator of the groundwater savings facility must demonstrate to CAWCD's satisfaction that they have the appropriate permits issued by the Arizona Department of Water Resources. (iii) Where the operator ofthe groundwater savings facilityis an agricultural entity participating in CAWCD's target pricing program, only Project Water over and above the amount of Project Water taken by the agricultural entity in the immediately preceding year, not including Incentive Recharge Water, may qualify as Incentive Recharge Water. 1 2 3 4 $ 6 7 9 ~0 11 12 13 ~4 16 ~7 19 20 21 22 23 24 25 26 (iv) The Contractor shall provide CAWCD a copy of its agreement with the operator of the groundwater savings facility for Incentive Recharge Water. (i) Only Project Water for which the Contractor receives long-term storage credits fi.om the Arizona Department of Water Resources may qualify as Incentive Recharge Water. In determining the amount of Project Water that qualifies as Incentive Recharge Water in any year, any l°ng-term storage credits earned by storing CAP water that are recovered by the Contractor in that year shall be deducted from the long-term storage credits received by the Contractor in that year. (j) Upon the expiration of this Agreement, CAWCD will determine whether any Project Water delivered pursuant to this Agreement did not qualify as Incentive Recharge Water for the reasons specified in sections 4(g)(iii) or 4(h) of this Agreement. For any such Project Water not qualifying as Incentive Recharge Water, CAWCD will bill the Contractor for the difference between the water service charge for Incentive Recharge Water and the standard M&I water service charge. Procedure for Ordering Water 5. (a) On or before the date of execution of this Agreement, or as soon thereafter as is practicable, CAWCD will notifythe Contractor of the amount of Incentive Recharge Water available for delivery during the first Year under this Agreement (the initial Year of water delivery). The Contractor shall, within a reasonable period of time as determined by CAWCD, submit a written schedule to CAWCD showing the quantity of Incentive Recharge Water desired by the Contractor during each month of the initial Year of water delivery. CAWCD will review the requested schedule and determine whether Incentive Recharge Water is available for delivery in the initial Year of water delivery, and, if so, the amount of Incentive Recharge Water available for delivery under this Agreement during such Year. Within thirty (30) days of CAWCD's receipt of the Contractor's requested schedule, CAWCD shall determine and furnish to the Contractor the water delivery schedule for the initial Year of water delivery which shall show the amount of Incentive Recharge Water projected to be delivered to the Contractor during each month of such Year, contingent upon the Contractor remaining eligible to receive water under all terms contained herein. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (b) The amounts, times, and rates of delivery of Incentive Recharge Water to the Contractor during each Year subsequent to the in/rial Year of water delivery shall be in accordance with a water delivery schedule for that Year. Such schedule shall be determined in the following manner: (i) On orbefore July 1 of each Year beginning with July 1 of the initial Year of water delivery, CAWCD shall issue a notice of availability of Incentive Recharge Water to the Contractor. (ii) On orbefore October 1 of each Year beginning with October 1 of the initial Year of water delivery, the Contractor shall submit in writing to CAWCD a water delivery schedule indicating the amounts of Incentive Recharge Water desired by the Contractor during each month of the following Year. (iii) Upon receipt of the schedule, CAWCD shall reviewit together with all other water delivery schedules, and determine whether Incentive Recharge Water is available for delivery in the following Year, and, if so, the amount of Incentive Recharge Water available for delivery under this Agreement in the following Year. (iv) On or before November 15 of each Year beginning with November 15 of the initial Year of water delivery, CAWCD shall determine and furnish to the Contractor the water delivery schedule for the following Year which shall show the amount of Incentive Recharge Water to be delivered to the Contractor during each month of that Year, contingent upon the Contractor remaining eligible to receive water under all terms contained herein. (c) The monthly water delivery schedules may be amended upon the Contractor's written request to CAWCD. Proposed amendments shall be submitted by the Contractor to CAWCD no later than 15 days before the desired change is to become effective, and shall be subject to review and modification in like manner as the schedule. CAWCD shall notify the Contractor of its action on the Contractor's requested schedule modification within 10 days of CAWCD's receipt of such request. (d) The Contractor shall hold CAWCD, its officers, agents, and employees, harmless on account of damage or claim of damage of any nature whatsoever arising out of or connected with the actions of CAWCD regarding water delivery schedules furnished by or to the Contractor. 10 11 12 13 14 16 17 20 21 22 23 24 25 26 3 4 5 6 7 8 9 Contractor's Project Delivery Point, Measurement and Responsibili _ty for Distribution of Water 6. (a) Incentive Recharge Water furnished to the Contractor pursuant to this agreement shall be delivered to the Contractor at such point(s) on the Water Supply System as are agreed upon in writing by CAWCD and the Contractor. All such point(s) shall hereinafter be referred to as the "Contractor's Project delivery point." (b) Unless CAWCD and the Contractor agree by contract to the contrary, the Contractor shall construct and install, at its sole cost and expense, all connection facilities required to convey water furnished to the Contractor pursuant to this Agreement to the Contractor's service area or place of use, as the case may be. The Contractor shall fumish, for written approval by CAWCD, drawings and specifications showing all connection facilities to be constructed or installed within the Water Supply System right-of-way, and shall obtain such approval before commencing construction or installation of such facilities. All facilities constructed, installed, operated or maintained on the Water Supply System right-of-way by or for the Contractor shall be subject to such further agreements and to such restrictions and regulations as to type, location, method of installation, operation, and maintenance as may be prescribed by CAWCD. (c) The Contractor shall construct, operate, and maintain its connection facilities and appurtenant works in a good and workmanlike manner and in full compliance with the laws of the State of Arizona and with all laws, regulations, and orders of the United States affecting such operations. The failure of the Contractor after due notice to construct, operate, and maintain its connection facilities and appurtenant works in a good and workmanlike manner or to abide by any of the terms and conditions of any applicable laws, regulations, or orders, shall cause this Agreement to be subject to immediate termination at the option of CAWCD. The Contractor shall reimburse CAWCD within thirty (30) days of Contractor's receipt of a statement for the costs of repairing any damage to Project facilities or Project fights-of-way caused by or arising out of the Contractor's activities under this Agreement. (d) Upon termination of this Agreement, the Contractor shall promptly remove, at its sole cost and expense, all connection facilities constructed or installed on the Water Supply System fight-of-way and restore said fight-of-way and all Project facilities affected to their condition mediately 1 2 $ 6 7 $ 9 1! 12 14 16 18 19 2O 22 23 24 2~ 26 prior to the construction or installation of such connection facilities. If the Contractor fails to remove said connection facilities and restore said fight-of-way and Project facilities within thirty (30) days after receiving any written notice from CAWCD to do so, CAWCD may remove said connection facilities and restore said right-of-way and Project facilities at the Contractor's cost and expense, and, within thirty (30) days after receiving written demand from CAWCD to do so, the Contractor shall pay CAWCD, as specified in such written demand, for all costs and expenses incurred by CAWCD in removing said connection facilities and restoring said right-of-way and Project facilities. (e) If the Contractor's Project deliverypoint is a Project turnout or Project turnouts constructed bythe United States, and if the Contractor intends to convey water furnished to the Contractor pursuant to this agreement through connection facilities owned or operated by others, the use by the Contractor of such connection facilities shall be the subject of written agreement(s) between the Contractor and the owner(s) or operator(s) of such connection facilities, and all such agreements shall include such terms and conditions as maybe required by CAWCD and shall be subject to the prior, written approval of CAWCD before becoming binding upon the parties thereto. (f) Unless the Contractor's Project delivery point is a Project turnout or Project turnouts constructed by the United States, all water delivered from the Water Supply System shall be measured with equipment furnished and installed by the Contractor and operated and maintained by the Contractor at the Contractor's sole cost and expense. The results of such measurements shall be reported to CAWCD in such manner and at such time(s) as CAWCD may prescribe. Upon the request of CAWCD, the accuracy o fsuch measurements shall be investigated by the Contractor, and any errors which are determined to have occurred therein shall be adjusted; Provided, however., That in the event the parties cannot agree on the required adjustment, CAWCD's determination shall be conclusive. (g) If the Contractor's Project delivery point is a Project turnout or Project turnouts constructed by the United States, all water delivered from the Water Supply System shall be measured with equipment furnished and installed by the United States and operated and maintained by CAWCD. Upon the request of the Contractor, or CAWCD, the accuracy of such measurements shall be investigated by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CAWCD and the Contractor, and any errors which are mutually determined to have occurred therein shall be adjusted; Provided, however, That in the event the parties cannot agree on the required adjustment, CAWCD's determination shall be conclusive. (h) Neither the United States nor CAWCD shall be responsible for the control, carriage, handling, use, disposal, or distribution of water beyond the Contractor's Project delivery point. The Contractor shall hold the United States and CAWCD harmless on account of damage or claim of damage o fany nature whatsoever for which there is legal responsibility, including property damage, personal injury, or death arising out of or connected with the control, carriage, handling, use, disposal, or distribution of water beyond the Contractor's Project delivery point. Interruptions and Reductions 7. In addition to the right of the United States under Subarticle 8.3(a)(iv) of the Repayment Contract to temporarily discontinue or reduce the amount of water to be delivered, CAWCD may discontinue or reduce the quantity of water to be furnished to the Contractor as herein provided for the purposes of investigation, inspection, construction, testing, maintenance, repair, or replacement of any of the Project facilities or any part thereof. CAWCD may also discontinue or reduce the quantity of water to be fumished to the Contractor if there is insufficient Project Water or Project delivery capacity to deliver the Contractor's water order, the water orders of other contractors of Incentive Recharge Water and Excess water service, and all water deliveries scheduled pursuant to a contract with the United States or a subcontract with the United States and CAWCD providing for Project Water service for a period of 50 years or more. So far as feasible, CAWCD shall attempt to coordinate any such discontinuance or reduction with the Contractor and to give the Contractor due notice in advance of such discontinuance or reduction. In case of emergency, no notice need be given. The United States, its officers, agents, and employees, and CAWCD, its officers, agents, and employees, shall not be liable for damages when, for any reason whatsoever, any interruption, discontinuance, or reduction in delivery of water occurs. If any such discontinuance or temporary reduction results in deliveries to the Contractor of less water than what has been paid for in advance, the Contractor shall be entitled to be reimbursed for the appropriate proportion 16 17 18 ~9 20 21 22 23 24 25 26 4 6 7 9 10 12 13 of such advance payments prior to the date of the Contractor's next payment of water service charges or the Contractor maybe given credit toward the next payment of water service charges if the Contractor should so desire. No Long-Term Commitment to the Delivery of Project Water 8. Nothing in this Agreement shall be construed as an allocation of Project Water to the Contractor, nor shall this Agreement entitle the Contractor to any Project Water other than as provided herein. Quality of Water 9. CAWCD does not warrant the quality ofanyProject Water furnished under this Agreement and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality ofanyProject Water. The Contractor waives its right to make a claim against the United States, CAWCD, or any other Project subcontractor or contractor on account of the quality of Project Water or any changes in water quality caused by the commingling of Project Water with other water. Water Service Charges 10. (a) The Contractor shall pay in advance water service charges established annually by . CAWCD. On or before the date of execution of this Agreement, or as soon thereafter as is practicable, CAWCD shall furnish the Contractor with the Contractor's water service charges for the initial Year of water delivery (the "initial Year"). Within a reasonable time of receipt of said charges, but prior to the delivery of water, the Contractor shall advance to CAWCD, in monthly installments payable on or before the first day of each month of the initial Year, as detemfined by CAWCD, the water service charges due for Incentive Recharge Water scheduled for delivery in the initial Year. For each subsequent Year, CAWCD will establish water service charges, and CAWCD will notify the Contractor of the amount of such charges on or before November 15 preceding each said subsequent Year. The Contractor shall make payments of such charges in monthly installments due on or before the first day of each month of said subsequent Year, as determined by CAWCD, for Incentive Recharge Water scheduled for deliveryin said subsequent Year. The Contractor shall pay in advance all water service charges established by CAWCD -10- " 15 16 17 18 19 20 21 22 23 24 25 26 3 4 5 6 7 $ 9 10 11 12 13 14 for Incentive Recharge Water scheduled for delivery under this Agreement; Provided, however, That the Contractor shall be relieved of the pumping energy portion of the water service charges associated with any Incentive Recharge Water scheduled for delivery that is not delivered to the Contractor. Co) The payment of all water service charges when due under this Agreement is a condition precedent to delivery of Incentive Recharge Water. (c) The obligation of the Contractor to pay CAWCD as provided in this Agreement is a general obligation of the Contractor notwithstanding the manner in which the obligation may be distributed among the Contractor's water users and notwithstanding the default of individual water users in their obligations to the Contractor. Termination of Contract 11. If the Contractor remains in arrears in the payment of any charges due CAWCD for a period of 60 days or more, CAWCD may terminate this Agreement, which termination shall be effective 30 days after mailing written notice of termination to the Contractor. The Contractor shall remain obligated to pay all charges required to be paid under this Agreement during the time period until and including the date of termination. The Contractor's obligation to pay any amounts due but unpaid as of the date of termination shall survive termination of this Agreement. CAWCD's right to terminate this Agreement as provided in this Article 11 shall be in addition to the other rights of CAWCD under this Agreement and to all other rights provided by law. Charges for Delinquent Pawnents 12. (a) The Contractor shall be subject to interest, administrative and penalty charges on delinquent installments or payments. The Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date. When a payment becomes 60 days delinquent, the Contractor shall pay an administrative charge to cover additional costs of billing and processing the delinquent payment. When a payment is delinquent 90 days or more, the Contractor shall pay an additional penalty charge of 6 percent per year for each day the payment is delinquent beyond the due date. Further, the Contractor shall pay any fees incurred for debt collection services associated with a delinquent payment. Co) The interest charge rate shall be the greater of the rate prescribed quarterly in the Federal Reeister by the Department ofthe Treasury for application to overdue payments, orthe interest rate of 0.5 percent per month prescribed by Section 6 of the Reclamation Project Act of 1939 (Public Law 76-260). The interest charge rate shall be determined as of the due date and remain fixed for the duration of the delinquent period. -11- '. 1 2 3 6 7 8 9 10 11 14 18 19 2O 21 22 23 24 25 26 (c) When a partial payment on a delinquent account is received, the amount received shall be applied first to the penalty and administrative charges, second, to the accrued interest, and third to the overdue payment. Rules, Regulations and Determinations 13. (a) The parties agree that the delivery of water or the use of Federal facilities pursuant to this Agreement is subject to Reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Reclamation law. (b) The Contracting Officer shall have the right to make determinations necessary to administer this Agreement that are consistent with the exPressed and implied provisions of this Agreement, the laws of the United States and the State of Arizona, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with CAWCD and the Contractor. Compliance with Environmental Laws 14. The Contractor, in carrying out this Agreement, shall comply with all applicable environmental laws and regulations ofthe United States and the State of Arizona and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities. Equal Opportuni _ty 15. During the performance of this Agreement, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or Iransfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with .which it has a co!lective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting _Officer, advising said labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this agreement or with any of such rules, regulations, or orders, this agreement may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government co.ntracts in accordance with procedures authorized in said amended Executive Order, and such other sanctmns maybe imposed and remedies invoked as provided in said amended Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Compliance With Civil Rights Laws and Regulations 16. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of1975 (Public Law 93-112, as amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights laws, as well as with their respective implementing regulations and guidelines imposed bythe U.S. Department of the Interior and/or Bureau of Reclamation. (b) These statutes require that no person in the United States shall, on the grounds of race, color, national origin, handicap, or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation. By executing this agreement, the Contractor agrees to immediately take any meas~r, es necessary to implement this obligation, including pennitting officials of the United States to inspect prenuses, programs, and documents. (c) The Contractor makes this agreement in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including installment payments after such date on account ofarrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article, and that the United States reserves the fight to seek judicial enforcement thereof. Books, Records, and Reports 17. The Contractor shall establish and maintain accounts and other books and records pertaining to administration of the terms and conditions of this Agreement, including: the Contractor's financial transactions, water supply data, project operation, maintenance and replacement logs, and Project land and right-of-way use agreements; the water users' land-use (crop census), land ownership, land-leasing and water-use data; and other matters that CAWCD may require. Reports thereon shall be furnished to CAWCD in such form and on such date or dates as CAWCD may require. Subject to applicable Federal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 laws and regulations, each party to this Agreement shall have the fight during office hours to examine and make copies of each other party's books and records relating to matters covered by this Agreement. Notices 18. Any notice, demand, or request authorized or required by this Agreement shall be deemed to have been given, on behalfofCAWCD, when mailed, postage prepaid, or delivered to C. Brad DeSpain, Utilities Director, Town ofMarana, 12775 N. Sanders Road, Mama, Arizona 85653, and on behalf of the Contractor when mailed, postage prepaid, or delivered to the General Manager, Central Arizona Water Conservation District, 23636 North 7th Street, Phoenix, Arizona 85024. The designation of the addressee or the address may be changed by notice given in the same manner as provided in this Article for other notices. Assignment Limited--Successors and Assigns Obligated 19. The provisions ofthis Agreement shall apply to and bind the successors and assigns ofthe parties hereto, but no assignment or transfer of this Agreement or any right or interest therein shall be valid until approved in writing by CAWCD. IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. effective the day and year first above-written. CENTRAL ARIZONA WATER CONSERVATION DISTRICT Attest: By: Secretary President TOWN OF MARANA Attest: By: Title: Title: Approved as to form: wpdocs~Incentive~narana 221.01 Proclamation Korean War Armistice 50 Anniversary WHEREAS, at 10:00 PM on July 27, 1953, the United States and the Republic of Korea Forces, together with the 20 nations who joined them in the three-year Korean War, victorious over communist aggression at the 38~ Parallel; and WHEREAS. the Korean conflict produced some of the most adverse circumstances ever seen in armed conflict; and WHEREAS, it is fit and proper to honor and recognize the 1.8 million American service members who defended freedom for Korea and the Free World and to pay tribute to the sacrifices and contributions of their families on the home front; and WHEREAS, the families of the 37,000 Americans who lost their lives in the Korean conflict continue their bereavement and remembrance in private, knowing that their loved ones' heroic deeds went largely unappreciated by the public at large; and WHEREAS, it is time for the nation to acknowledge the men and women who served with a focused dedication to halt communist aggression by partnering with state and local organizations to conduct commemoration activities. NOW, THEREFORE the Mayor and Council of the Town of Marana, at the request of Nels Running. Major General. USAF (Ret), join America's Korean War Commemoration Committee in proclaiming their support for 'Pause to Remember" as a way of demonstral~ng their thanks and appreciation to the fallen soldiers and civilian personnel and those veterans and their families still living who fought a courageous battle known as the Korean War. Dated this 3rd day of December, 2002. AFrEST: Town Clerk~ Bobby Sutton, Jr., Mayor TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX. B. 1 TO: Mayor and Council, sitting as the Board of Adjustment FROM: Joel D. Shapiro, Planning Director SUBJECT: Public Hearing Resolution 2002-136 - Orange Grove 1-10 Plaza Variance: Request by Schomac Group Inc., for a lot depth variance on a proposed Light Industrial Subdivision. This request is to obtain a variance to allow for less than the minimum 200-foot lot depth requirement per the "LI" (Light Industrial) Zone, 05.12.02.I.2 of the Marana Land Development Code, on proposed lots 15, 17 & 18 of the subdivision. The subject property is located on the south side of Orange Grove Road between the Union Pacific Railroad right- of-way and the westbound Interstate 10 frontage road, within a portion of Sections 7 & 8, T13S, and R13E. DISCUSSION: The applicant is requesting this variance from the provisions of the Town of Marana Land Development Code 05.12.02.1.2, relating to the lot depth requirement for the "LI" (Light Industrial) Zone. Within the "LI" zoning designation the minimum lot depth for all parcels is 200 feet. Lots 15, 17 & 18 of the proposed Industrial subdivision do not meet the 200 foot requirement. The minimum parcel width under the "LI" zone is 100 feet. This makes the minimum lot size for a "LI" parcel 20,000 square feet. All proposed parcels exceed this lot size requirement. The proposed parcel 15 has a lot size of 27,008 square feet, the lot size for parcel 17 is 21,142 square feet and parcel 18 is 22,647 square feet. The subject parcel lies between the railroad and the frontage road. Some of the original acreage for this parcel was used by ADOT for the freeway frontage road improvements. This parcel also narrows on the north end due to the railroad moving toward the Interstate. North of this project the railroad runs adjacent to the interstate. This project has proposed an interior road, which will bisect this project and provide access to all of the newly created lots. Because of the necessary interior road and the fixed width of the project site, staff supports the variance. The preliminary plat for this project was heard by the Planning Commission on November 13, 2002. They voted unanimously to forward this plat to the Town Council with a recommendation of approval with the condition that the variance was granted by the Board of Adjustments prior to the preliminary plat being heard by the Council. RECOMMENDATION: Planning Staffrecommends approval. SUGGESTED MOTION: I move to approve Resolution 2002-136. MARANA RESOLUTION NO. 2002-136 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACTING AS THE BOARD OF ADJUSTMENT, GRANTING A VARIANCE TO SHOMAC GROUP INC. THAT WOULD ALLOW FOR LESS THAN THE 200 FOOT REQUIRED LOT DEPTH WTIHIN A PROPOSED INDUSTRIAL SUBDIVISION PROJECT SUBMITTED BY AMERICAN PACIFIC ENGINEERING, LLC, LOCATED ON THE SOUTH SIDE OF ORANGE GROVE ROAD BETWEEN THE UNION PACIFIC RAILROAD RIGHT- OF-WAY AND THE WESTBOUND INTERSTATE 10 FRONTAGE ROAD, WITHIN A PORTION OF SECTIONS 7 & 8, TOWNSHIP 13 SOUTH, RANGE 13 EAST. WHEREAS, the Shomac Group Inc. are the owners of 26.218 acres of property located on the south side of Orange Grove Road between the Union Pacific Railroad right-of-way and the westbound Interstate 10 frontage road and specifically in a portion of Sections 7 & 8, Township 13 South, Range 13 East, more particularly described in Exhibit A attached hereto and incorporated herein, and has applied to the Town of Marana for approval of the variance for the lot depth reduction within the proposed industrial subdivision project; and WHEREAS, the Marana Land Development Code requires a minimum lot depth of 200 feet in the "LI" (Light Industrial) zone, and the Shomac Group Inc. has requested a variance to allow lots 15, 17 & 18 of the proposed industrial subdivision to be created with less than the required 200 foot lot depth; and WHEREAS, t he M arana T own Council, acting a s the Board of Adjustment, finds that strict application of the applicable standards works an unnecessary hardship; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, finds that granting the requested variance is the minimum necessary action to afford relief; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, finds that the variance does not allow a use which is not permitted in the zoning code; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, finds that the variance will not cause injury to or adversely affect the rights of surrounding property owners; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, finds that the variance is in harmony with the general intent and purpose of the zoning code and the specific provision for which the variance is requested; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, and pursuant to A.R.S. §9-462.06 is empowered to grant such a variance, and believes that such a variance is authorized by A.R.S §9-462.06 and is in the best interest of the Town of Marana, Arizona; and WHEREAS, the Marana Town Council, acting as the Board of Adjustment, has heard Marana Resolution No. 2002-136 from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held December 3, 2002, and has determined that the variance submitted by The Shomac Group, for the lot depth reduction within the proposed industrial subdivision project on a 26.218 acre parcel is in the best interest of the residents of the Town of Marana and should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, acting as the Board of Adjustment, authorizing that the variance for the proposed industrial subdivision project submitted by the Shomac Group, located on the south side of Orange Grove Road between the Union Pacific Railroad right-of-way and the westbound Interstate 10 frontage road and more particularly described in Exhibit A, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Resolution No. 2002-136 EXHIBIT A LEGAL DESCRIPTION OF THE ORANGE GROVE 1-10 PLAZA ALL THAT PART OF THE NORTH EAST QUARTER OF SECTION 7, AND THE SOUTH WEST QUARTER OF THE NORTH WEST QUARTER OF SECTION 8, OF T 135, R 13E, G&SRB&M, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTH EASTCORNER OF SECTION 7 (NORTH WEST CORNER OF SECTION 8); THENCE, S 88°58'53" W, ALONG THE NORTH LINE OF SECTION 7 A DISTANCE OF 850.45 FEET TO A SURVEY MONUMENT IN THE CENTERLINE OF ORANGE GROVE ROAD AT A POINT ON A CURVE WITH A RADIUS OF 1,431.84 FEET, CONCAVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 07 o 15'37", A DISTANCE OF 181.43 FEET TO A POINT TANG ENT TO A LINE; THENCE, S 81 · 43' 17"W, ALONG THE CENTERLINE OF ORANGE GROVE ROAD A DISTANCE OF 332.50 FEET TO A POINT; THENCE S 08· 16'43" E, A DISTANCE OF 75.02 FEET TO THE SOUTH RIGHT OF WAY LINE OF ORANGE GROVE ROAD AND THE POINT OF BEGINNING: THENCE, N 81043'17" E, ALONG THE SOUTH RIGHT-OF-WAY LINE OF ORANGE GROVE ROAD A DISTANCE OF 111.43 FEET TO A POINT ON THE UNION PACIFIC RAILROAD RIGHT-OF-WAY LINE; THENCE, S 42·45'20" E, ALONG THE RAILROAD RIGHT-OF-WAY LINE, A DISTANCE OF 1,166.37 FEET TO A POINT TANGENT TO A 3,714.93 FOOT RADIUS CURVE; , THENCE,' SOUTH EASTERLY AROUND THE ARC OF SAID 3,714.93 FOOT RADIUS CURVE CONCAVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 03· 13f25", A DISTANCE OF 209.01 FEET TO A POINT WHERE A RADIAL LINE BEARS S 50038'O5" W AND IS ALSO COINCIDENT WITH THE CENTER LINE OF OF JOINER ROAD, AN ACCESS ROAD TO THE PROPERTY; THENCE~ CONTINUING SOUTH EASTERLY ALONG THE ARC OF SAID 3,714.93 FOOT RADIUS CURVE CONCAVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 08· 18'05", A DISTANCE OF 538.25 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7 (THE NORTH EAST CORNER OF SAID SECTION BEARING N 00·03'42" W, AT A DISTANCE OF 1,588.13 FEET) WHERE A RADIAL LINE FROM SAID CURVE BEARS S 58°56'10" W; THENCE, CONTINUING SOUTH EASTERLY ALONG THE ARC OF SAID 3,714.93 FOOT RADIUS CURVE, CONCAVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF OF 14036'16" A DISTANCE OF 946.92 FEET TO A POINT TANGENT TO A LINE; THENCE, S 16037'34" E, CONTINUING ALONG THE RAILROAD RIGHT-OF-WAY, A DISTANCE OF 44.17 FEET TO A POINT; THENCE, S 68·35'57" W, A DISTANCE OF 400.65 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF THE INTERSTATE 10 FREEWAY; THENCE N 30033'53" W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 559.11 FEET TO A POINT; THENCE, N 29·55'07" V~, CONTINUING ALONG SAID RIGHT OF WAY, A DISTANCE OF 589.21 FEET TO A POINT; THENCE, N 28·42'48" W, A DISTANCE OF 399.98 FEET TO A POINT; THENCE, N 29·54'44" W, A DISTANCE OF 379.17 FEET TO A POINT; THENCE, N 30·55'58" W, A DISTANCE OF 140.51 FEET TO A POINT; THENCE, N 31 ·37'36" W, A DISTANCE OF 253.30 FEET TO A POINT; THENCE, N 26027'13" W, A DISTANCE OF 60.15 FEET TO A POINT; THENCE, N 32020'06" W, A DISTANCE OF lg2.14 FEET TO A POINT; THENCE, N 33·47'40" W, A DISTANCE OF 262.65 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ORANGE GROVE ROAD; THENCE, N 55032'17" E, ALONG THE SOUTH RIGHT-OF-WAY LINE OF ORANGE GROVE ROAD A DISTANCE OF 80.71 FEET TO THE ~OINT OF BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 1,142,050 SQUARE FEET OR 26.218 ACRES. VARIOUS EASEMENTS. THE PARCEL IS SUBJECT TO PAGE 1 OF 2 EXHIBIT A 07'15'57" 1431.84' 90.84' 181.45' S 88'58'53" W 850.45' Ot~ANGE G/~OVE I~OAD '" - 5714.95 ~ ~ ~0. L = 209.01' ~1''~ ITl :33 0 A = 08'18'05" R = 5714:9,.T' L = 558.25' 4O0 0 200 400 A = 14'56'16" R = 5714.95' L = 946.92' 1 inch = 400 ft. BASIS OF BEARING ~NC S 00' 0,5' 42° [ ,rRO~ AOOT RIGI..IT-O~'-ICAY P,(.,4N No. D-lO--T-577, PROJE'CT N~ HH-I0-4(I$§), DA~"D MA)" LiNE TABLE LINE DIREC DON DIS TANCE L ! UNUSED L2 UNUSED L3 N 55'32'17' E 80.71' L4 N 26'27'I$" Hz 60.15' L5 UNUSED L6 S 08"16'43" E 75.02' L7 N 81'45'17' E 111.43' L8 5 16',,T7'$4" E 4#~17' l/,i COR u~ .m ' Lond Su'rveyors (.520) -~21--9720 MAP TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL IN SECTIONS 7 AND 8 OF TWP 15 S, RNG 18 E, GILA AND SALT RIVER MERIDIAN, PIMA COUNT~, ARIZONA. PAGE 2 OF 2 98- O£OA D TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2002.26 - Tangerine & Breakers Rezone: An application for approval to rezone approximately 24.16 acres from "C" (Large Lot Zone, minimum lot size 25 acres) to "HI" (Heavy Industrial) located immediately south of Tangerine Road and east of the Breakers Road easement, in a portion of Section 5, Township 12 South, Range 12 East. DISCUSSION: This project was presented to the Planning Commission on November 13, 2002. The Planning Commission is forwarding this rezone to the Town Council with a unanimous vote recommending approval. The request by Contractors' Yards, LLC and Park 'N Shade, LLC is to rezone Assessor's Parcel Numbers 216-08-002A, 216-08-002B and 216-08-012B consisting of three parcels totaling 24.16 acres of land located immediately south of Tangerine Road and east of the Breakers Road easement, in a portion of Section 5, Township 12 South, Range 12 East, from Zone "C" (Large Lot Zone, minimum lot size 25 acres) to "HI" (Heavy Industrial). The property owners intend to develop a 475-space RV storage facility on the easternmost 9.5 acres fronting Tangerine Road and a plant nursery and twelve one-acre contractors' yards on the remaining 14.5 acres. T he twelve contractors' yards will be available for lease. The newly adopted draft of the General Plan identifies the site to be Industrial/General. The proposed "HI" zoning complies with the goals, policies and objectives identified in the adopted General Plan. The proposed uses fall within those intended for the area per the General Plan. The subject parcels are currently vacant, and the proposed uses are compatible with surrounding development, which can be characterized as industrial. Hayden Concrete Products is situated adjacent to the subject property to the east; it has a zoning designation of "C" (Large Lot Zone). Immediately to the south is vacant land, with "C" zoning. To the west are vacant land, zoned "E" (Transportation Corridor Zone) and an auto repair shop ("C" Zone). Across Tangerine Road to the north is vacant land with an AG (Agricultural) zoning designation. Tangerine Road is being considered as a future state highway, requiting a 200-foot half right-of-way, which includes a 24-foot frontage road. The property owners will dedicate the requested right-of- way, but the south 50 feet will be licensed back to the property owners through an agreement with the Town. No buildings, septic systems or wells may be placed in this area, but paving, shade structures and landscaping will be permitted. The Breakers Road easement will be dedicated to the Town with a 30-foot half-width public right-of- way. Twenty-four feet of new pavement will be laid onto the existing chip-sealed Breakers Road easement, as required by the Development Services Administrator and the Town Engineer. As development occurs in areas that are lacking the public right-of-way infrastructure, the Town will be acquiring the appropriate right-of-way and have roads built to serve the area in a sufficient manner. RECOMMENDED CONDH'IONS: Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to requirements for public improvements. This rezoning is valid for three years from the date of Town Council approval, if the developer fails t o h ave a final subdivision plat recorded o r a development plan approved prior to the three years the property shall revert to the original zoning without further action by the Town Council. 3. The Developer shall dedicate Tangerine Road a minimum of 200-feet half-width right-of-way, for street purposes, as delineated in the Town's Transportation Plan or Major Routes plan, 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, development plan, lot split or any building permit initiated by the property owner. 4. Floodplain use permits shall be obtained from the Town of Marana prior to developing the rezoning area. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and /or landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are hereby advised to retain appropriate expert and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. o Prior to Certificate of Occupancy the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. The property owner shall dedicate the Breakers Road basement with a minimum 30-foot half- width right-of-way and construct the road with 24 feet of new pavement as accepted by the Development Services Administrator and Town Engineer. RECOMMENDATION: Staff and the Planning Commission recommend approval subject to the conditions listed above. SUGGESTED MOTION: I move to approve Ordinance No. 2002.26 with the listed conditions. MARANA ORDINANCE NO. 2002.26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY CONTRACTORS' YARDS, LLC AND PARK 'N SHADE, LLC, TO REZONE APPROXIMATELY 24.16 ACRES OF LAND LOCATED IMMEDIATELY SOUTH OF TANGERINE ROAD AND EAST OF THE BREAKERS ROAD EASEMENT IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "C" (LARGE LOT ZONE, MINIMUM LOT SIZE OF 25 ACRES) TO "HI" (HEAVY INDUSTRIAL), AS SES S OR'S PARCEL NUMBERS 216-08-002A, 216-08-002B AND 216-08-012B. WHEREAS, Contractors' Yards, LLC and Park 'N Shade, LLC, are the owners of approximately 24.16 acres of land located, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, in reviewing the rezoning request, Staff recommended to the Planning Commission the approval of the rezoning request subject to eight conditions; and WHEREAS, the Marana Planning Commission, after a public h eating, considered t his rezoning request on November 13, 2002, and voted 6-0 to recommend that the Town Council approve said rezone, adopting all eight recommended staff conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staff and members of the public at the regular Town Council meeting held December 3, 2002, and has determined that the rezoning is in conformity with the General Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 24.16 acres located immediately south of Tangerine Road and east of the Breakers Road easement in Section 5, Township 12 South, Range 12 East, is hereby changed from "C" (Large Lot Zone, minimum lot size 25 acres) to "HI" (Heavy Industrial), Assessor's Parcel Numbers 216-08-002A, 216-08-002B and 216-08-012B. Section 2. The purpose of this rezoning is to allow for the development of industrial uses, subject to the following conditions: Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. Marana Ordinance No. 2002.26 Page 1 2. This rezoning is valid for three years from the date of Town Council approval. If the developer fails to have a final subdivision plat recorded or a development plan approved prior to the three years, the property shall revert to the original zoning without further action by the Town Council. 3. The Developer shall dedicate Tangerine Road a minimum of 200-feet half-width right-of- way, for street purposes, as delineated in the Town's Transportation Plan or Major Routes plan, 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, development plan, lot split or any building permit initiated by the property owner. 4. Floodplain use permits shall be obtained from the Town of Marana prior to developing the rezoning area. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are hereby advised to retain appropriate experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 7. Prior to Certificate of Occupancy the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. 8. The property owner shall dedicate the Breakers Road easement with a minimum 30-foot half-width right-of-way and construct the road with 24 feet of new pavement as accepted by the Development Services Administrator and Town Engineer. Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2002.26. 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 hereof. Marana Ordinance No. 2002.26 Page 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Ordinance No. 2002.26 Page 3 Exhibit A All that portion of the West Half of Lot I of Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: BEGINNING at the Northwest corner of said Lot 1; THENCE Easterly along said South right of way line of Tangerine Road, parallel with and 50,000 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds East, a distance of 315.11 feet to a point thereon, being the Northeast corner of land described in Docket 11816 at page 2656, and being the TRUE POINT OF BEGINNING; THENCE continuing Easterly along said South right of way line of Tangerine Road, parallel with and 50.00 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds East, a distance of 345.16 feet to the Northeast comer of the West Half of said Lot 1; THENCE Southerly along the East line of the West half of said Lot 1, South 00 degrees 14 minutes 47 seconds East, a distance of 1261.69 feet to the Southeast comer of said West Half of said Lot 1; THENCE Westerly along the South line of said Lot 1, South 89 degrees 51 minutes 47 seconds West, 345.15 feet to the Southeast comer of said land described in Docket 11816 at page 2656; THENCE Northerly along the East line of said land described in Docket 11816 at page 2656, North 00 degrees 14 minutes 47 seconds West, 1262.51 feet to the TRUE POINT OF BEGINNING; AND: All that certain real property situate in the County of Pima, State of Arizona, being a part of that parcel described in Docket 11001 at Page 1534 thereof, records of said Pima County, in the west half of Lot 1 in Section 5, Township 12 South, Range 12 East, Gila and Salt River Meridian, more particularly described as follows: BEGINNING at the Northwest corner of said Lot 1; THENCE from said point of beginning, Southerly along the West line of said Lot 1, South 00 degrees 14 minutes 33 seconds East, 50.00 feet to a point on the south right of way line of Tangerine Road, said point being the Northwest corner of said parcel described in Docket 11001 at Page 1534 (hereafter referred to as "Record Parcel") and the TRUE POINT OF BEGINNING of Parcel "A' herein described; THENCE from said TRUE POINT OF BEGINNING, Easterly along said South right of way line, being the North line of said "Record Parcel", parallel with and 50.00 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds (GLO Record; Basis of Bearings), 315.55 feet to a point thereon, being the Northeast comer of said Parcel "A', marked by a 1/2" diameter rebar with a brass registration tag No. RLS 26932 (set); THENCE leaving said right of way line, Southerly along a line being parallel with the East line of the West half of said Lot 1, South 00 degrees 14 minutes 47 seconds East 1262.51 feet to a point on the South line of said Lot 1, being the Southeast comer of said Parcel "A', marked by a V2" diameter rebar with a brass registration tag No. RLS 26932 (set); THENCE leaving said parallel line, Westerly along said South line, being the South line of said "Record Parcel", South 89 degrees 51 minutes 47 seconds West, 315.20 feet to the Southwest corner of said Lot 1, being the Southwest corner of said "Record Parcel" and the Southwest comer of said Parcel "A', marked by an aluminum capped rebar stamped with registration number RLS 7599 (measured/accepted); THENCE leaving said Southwest corner, Northerly along the West line of said Lot 1, being the West line of said "Record Parcel", North 00 degrees 14 minutes 33 seconds West, 1263.26 feet to the TRUE POINT OF BEGINNING; AND: PARCEL 1 The North half of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 5, Township 12, South Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. PARCEL 2 An easement for ingress, egress and utilities as created in instrument recorded in Docket 5996 at page 913, records of Pima County, Arizona, over the West 30 feet of Lot 1 and the East 30 feet of Lot 2 of Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT any portion lying within the right of way of Tangerine Road. TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX.B. 3 TO: Mayor and Council FROM: Jocelyn Entz, Town Clerk SUBJECT: Resolution No. 2002-139: Citizen Resource & Education Workshop (CREW}: DISCUSSION: Consideration and approval of the concept, design and implementation of a citizen- oriented workshop to provide information to residents and business owners regarding services provided to citizens within Marana. During the Mayor's State of the Town address, he talked about the many ways the town is growing and developing through networks and parmerships to provide better transportation systems, better educational resources and opportunities, and better social and recreational services and facilities. Staff is assisting in this process by developing and refining programs of direct communication with residents and business owners. Currently, a very successful program with a narrow focus is the Marana Citizen's Policy Academy. The Academy was established primarily to help business owners and residents interact with the police department, familiarize themselves with better security methods, and understand how the department does its job. With t he attached d raft concept, s taft envisions a n additional program, with a broader focus, called the Citizen Resources & Education Workshop (CREW) to develop (1) better communication between town staff and the community; (2) more one-on-one engagement; and (3) education as a resource to more effective and efficient interaction between the staff and the residents and business owners in Marana. CREW will give an overview of the various departments over an eight-session period. CREW will also highlight the many organizations in the town such as the Chamber of Commerce, the library, the Marana Correctional Treatment Facility, the Marana Unified School District, the Marana Community Food Bank and the Marana Arts Council. These are agencies and organizations that have formed a strong partnership with the town to provide even better services. The final session of each workshop will be devoted entirely to volunteer orientation. Similar programs are in place or are being developed all across the country as a means of getting citizens and business owners involved in building a successful community. Marana will benefit by developing a program that supports the town and staff. ADMIN/JCE/11/27/2002 RECOMMENDATION: Staff recommends approval of the Citizen Resource & Education Workshop program. SUGGESTED MOTION: I move to approve Resolution No. 2002-139. ADM1N/JCE/I 1/27/2002 MARANA RESOLUTION NO. 2002-139 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE FORMATION OF THE CITIZEN RESOURCE & EDUCATION WORKSHOP (CREW) THAT IS DESIGNED TO PROVIDE INFORMATION TO RESIDENTS AND BUSINESS OWNERS REGARDING SERVICES PROVIDED TO CITIZENS WITHIN MARANA. WHEREAS, across the nation, municipalities are developing programs to involve citizens and business owners in building successful communities; WHEREAS, the Citizen Resource & Education Workshop (CREW) has been created by staff with the Town of Marana in order to provide such a program of direct communication between staff and residents and business owners in Marana through education and hands-on learning; and WHEREAS, CREW is designed as an eight-week program, free to any citizen, with the last session devoted solely to an orientation for volunteers, and will be conducted by staff; and WHEREAS, CREW will provide an overview of the various departments within the municipal structure of the Town of Marana and will also highlight many organizations that have formed partnerships with the Town, including the Chamber of Commerce, the library, the Marana Correctional Treatment Facility, the Marana Unified School District, the Marana Community Food Bank and the Marana Arts Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Citizen Resource & Education Workshop as a communication tool designed to provide information and better participation between the Town staff and citizens and business owners in Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. Marana Resolution No. 2002-139 Page 1 of 2 ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Resolution No. 2002-139 Page 2 of 2 CONCEPT PROPOSAL Town of Marana presents CREW Citizen Resource & Education Workshop DRAFT Why start a citizen workshop? · Communication · Engagement Education The workshop is intended to familiarize citizens with the functions of the Marana government. Participants will hear presentations from all of the departments and outside groups that interact with the Town/Council, e.g. MUSD, Chamber of Commerce, MAC. Upon completion of the workshop, participants will have knowledge of the organizational structure and function of local government, and that enables them to share information with their peers. Ask a Council Member and a P&Z Commissioner to be at each meeting throughout the program. Departments and Services (grouped for sessions- transportation provided, if necessary) Week Week Week Week Week Week Week Week Week 9: 1: (Council Chambers)Introduction/Mayor-Council Welcome/Manager/Clerk 2: (DSC) Planning and Zoning Commission/Planning/GIS 3: (Community Center) Police/Sheriff/Northwest Fire/Court 4: (Airport) Finance/BAC/AirportfEconomic Development 5: (DSC) Building/Water/Fublic Works/Engineering 6: (MOC)) Human Resources/Development Services/Meet a Developer 7: (Community Center) Parks and Recreation/Marana Arts Council ...... 8: (Council Chambers) Additional Auxiliary Services: Chamber of Commerce, Marana Health Center/Food Bank/Marana Library/Marana Training Facility/MUSD (Optional)(Community Center) Volunteer Orientation Budget · Food at each meeting (catered by local firm) · Transportation (charter service, if necessary) · Letterhead and postage · Materials and handouts · Graduation certificates (at Council Meeting) · Investment per citizen $ Size 10-15; 15-30; 30-50 (increase in size as the popularity of the program grows) Length of Course - Various: · 8-10 weeks, one night a week for 2 1/2 hours, with an orientation class for volunteers as the capstone. · Staggered, with one 1 O-week session in the mornings/afternoon and the next 8-10 week session in the evenings (accommodates all age groups) · Or - Longer hour schedules and shorter weeks Possible Venues · Council Chambers · Community Center · Marana Operations Center · Development Services Center · Court · Airport Participation · Any resident of Marana age l S+ OY ~0t~[n~?-~ g~)~f' · Use role model citizens from community to draw others in to the program, e.g. the president of a homeowners' association · Candidates for elected office · Government adversaries Workshop Design · Keep classes fun and interactive as well as informative · Each department is responsible for the coordination of their own night/presentation Benefits · Interaction is positive · Creative challenge · Sense of ownership for the participant · Allows the department to highlight its accomplishments · Each night has its own personality Future · Cable classroom/distance learning from home computer · Town-wide ambassadors · Kids' Mini Workshop · Develop core group of volunteers Impact on citizens · From interested to informed · To involved and invested · Upon completion, participants will have knowledge of the organizational structure and function of municipal government which enables them to share that information with their peers. Connection with the Community · Begin the conversation · Co-create the sense of community · Outcome ,/ Community vision and pride ,/ Citizen satisfaction ,/ Community spirit ,/ Enlightened citizens Opportunities · Learn in the field by visiting site locations · Meet new people/network Workshop "TIPS" Build around your demographics Identify "movers and shakers" for initial classes; also candidates for office Rehearse, Rehearse, Rehearse Use other departments as guinea pigs Speak English, no bureaucrat-ise Food always helps Include all levels of personnel Keep politics outside Evaluate for improvement TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: Mayor and Council James R. DeGrood, P.E., Development Services Administrator Resolution No. 2001-140: Adopting the Marana Major Routes Plan DISCUSSION: At the June 19, 2001 Town Council meeting, the Town Council adopted an amendment to the Circulation Element of the Marana General Plan, to include the Marana Transportation Plan Update 2001-2025. The plan: · Investigated roadway improvements that are needed over the next 25 years to accommodate the increase in traffic in Marana · Identified solutions to potential traffic problems at intersections · Inventoried bicycle and pedestrian facilities and provided recommendations to address deficiencies · Identified funding needs and potential sources of funding to finance the proposed transportation improvements and to pay for system maintenance and operations · Analyzes the traffic operations of I-10 within the Town limits and provides recommendations for new interchanges and/or modifications at existing ramps. The plan also recommended that a Major Routes Plan be developed to identify the location of future transportation corridors, as well as the required right-of-way widths necessary to support the needed roadway improvements. This Major Routes Plan is also an implementation tool of the Town's recent planning documents, such as the Northwest Marana Area Plan, as well as the Tangerine Road Master Plan prepared by The Arizona Department of Transportation (ADOT). The Major Routes Plan will be used to establish the right-of-way exactions made at the time of platting and rezones. The formal adoption of this plan gives greater strength to the town staff at time of exaction, and also gives the general public information of major routes which may be planned or in some stage of development. The attached map has been annotated to show the expected minimum right of way PW/JRD/DMH/12/14/99 widths for the Town's major mutes. The largest right of way requirement will be for Tangerine Road. The ADOT Tangerine Road Master Plan calls for Tangerine Road to ultimately become a divided roadway with a broad landscaped median and limited access. The Tangerine Road plan further calls for a minimum right of way of 350', assuming no local access. The plan leaves open the possibility of developing frontage roads to address local access, but with additional width. To this end, we have identified a right of way of between 350' and 400' for Tangerine Road, with access to be determined on a mile by mile basis with the land owners, and development areas seeking direct access to Tangerine are to provide the 400 foot width needed to support a future frontage road. Other routes of note include the roads within the Northwest Marana Area Plan, which have been sized to include the additional right of way width necessary for the buffer areas called out in the plan. These buffer areas will be available fro retention/detention, but their primary purpose is for utility corridors and the construction of a major multi use trail network. It is staff's opinion that this multi use trail system will create tremendous value in the community, and will be both a recreational and transportation facility. Routes in the Northwest Marana Area vary in width from 90 feet to 250 feet, dependant upon the expected traffic volumes and the presence of the buffer along the roadway. In general, all routes within the Northwest Marana Area having widths of 160 feet or more shall include buffers. These buffers are to be located on the "tailwater ditch" side of the road (north and west sides) to ensure that the roadways are consistent in design, and they function for detention/retention. Detention/retention will be licensed to the adjacent landowners, in exchange for the long term vegetation maintenance in the buffer areas. Routes other than Tangerine Road, and outside of the Northwest Marana Area Plan have right of way widths which generally are consistent with the Pima County. This Major Routes Plan is a living document, and should be expected to be amended occasionally. As an adjunct to this plan, staff will develop typical roadway cross sections, and policies for use of the buffer areas. RECOMMENDATION: Staff recommends that the Council adopt the Marana Major Routes Plan. SUGGESTED MOTION: I move that the Mayor and Council Adopt Resolution 2002-140. PW/JRD/DMH/12/14/99 MARANA RESOLUTION NO. 2002-140 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING THE TOWN OF MARANA MAJOR ROUTES PLAN TO BE A PUBLIC RECORD AND DECLARING AND ADOPTING THE MARANA MAJOR ROUTES PLAN. WHEREAS, the Town of Marana approved and adopted an updated Transportation Master Plan in June, 2001 and amended the Town's General Plan for the inclusion of the Transportation Master Plan; and WHEREAS, The Marana Planning and Zoning Commission held a public hearing and voted to unanimously recommend that the Town Council adopt the Marana Transportation Plan Update as an amendment to the Circulation Element of the General Plan; and WHEREAS, the Marana Transportation Plan Update recommended the adoption of a Major Routes Plan to identify needed future roadway right-of-way; and WHEREAS, the open and notorious identification of the Town's anticipated right-of-way expectations and exactions is in the best interest of the residents, existing and future property owners in Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: Declaring the Marana Major Routes Plan to be a public Record, three copies of which are to be kept on file at the office of the Town Clerk. Section 2: staff'report. The proposed Marana Major Routes Plan be adopted as presented in the Section 3: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution is hereby repealed, effective as of the effective date of this Resolution. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3~a day of December, 2002. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, As Town Attorney and not personally TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 3, 2002 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Jane Howell, Human Resources Director SUBJECT: Discussion/Direction: Request to establish a non-profit corporation to provide an alternative for philanthropic giving for Town employees. DISCUSSION: The Town has participated in the United Way Campaign annually for the past six or seven years. There is growing interest among staff, however, for an alternative that would support Marana area services more directly. Staff has determined that establishing a tax-exempt 501(c)(3) non-profit corporation is an appropriate first step. In order to incorporate, articles of incorporation must be written to formalize the name, purpose, and means by which the corporation will be operated. Draft articles of incorporation have been completed. Staff has identified the corporation as Marana Combined Appeal, Inc., operated solely for charitable, educational and scientific purposes to collect funds voluntarily donated by the employees of the Town for distribution to organized charities that are not for profit. Initially, Mayor and Council would appoint an organizing Board of Directors made up of five members to control and manage the original affairs of the corporation, after which elections would be held according to by-laws adopted by the board. There has been interest expressed by several persons wishing to serve on the organizing board. S taffwill be requesting Council recommendations and approval of a full board at the next Council meeting. Marana Combined Appeal, Inc. would initially be offered only to Town employees on a payroll deduction basis. In time, staff expects other employers, both public and private, would participate as well. The fiscal impact of this corporation is expected to be minimal at least at the organization stage, since the board will be voluntary. RECOMMENDATION: Staff recommends pursuit of non-profit Marana Combined Appeal as an alternative to collecting and distributing funds voluntarily donated for Marana area charitable, educational and scientific services. SUGGESTED MOTION: I move to authorize staff to proceed with developing Marana Combined Appeal. H1UJPdCouncil/bluesheet/2002/MaranaCombApp 11/27/02 ARTICLES OF INCORPORATION OF MARANA COMBINED APPEAL, INC. - An Arizona Nonprofit Corporation - ARTICLE The name of this Corporation is and shall be MARANA COMBINED APPEAL, INC. ARTICLE II The known place of business cf this Corporation. '~" ;'~*;o"-' be sn,~,, 13251 xr Lon Adams Road, Marana, Arizona 85653, but it may establish other principal places of business and other offices at such other places, either within or without the State of Arizona, as the Board of Directors may from time to time determine. ARTICLE III This Corporation is organized and shall be operated as a nonprofit Corporation solely and exclusively for charitable, educational and scientific purposes, and specifically for the purpose of collecting funds voluntarily donated by the employees of the Town of Marana and other participating organizations for distribution to organized charities, not for profit. Consistent with the foregoing purposes and subject to all other limitations, restrictions and prohibitions set forth in these Articles, this Corporation shall have all the powers specified in Section 10-3851 of the Arizona Revised Statutes, as amended from time to time, and to do all and everything necessary, suitable and proper for the accomplishment of the purposes or attainment of the objects herein above set forth either alone or in association with other individuals, Corporations or partnerships, including federal, state, county and municipal, bodies and authorities; and, in general, to do and perform such acts and transact such business in connection ~vith the foregoing objects not inconsistent with law; provided, however, that the Corporation shall not perform any act or transact any business that will jeopardize the tax exempt status of the Corporation under Section 501 (c)(3) of the Internal Revenue Code and its regulations as such Section and regulations now exist or may hereafter be amended or under corresponding laws and regulations hereafter adopted. ARTICLE IV No substantial part of the activities of the Corporation shall be carrying on propaganda or otherwise attempting to influence legislation; nor shall the Corporation participate in or intervene in (including the publishing or distributing of statements) any political campaig-n on behalf of or in opposition to any candidate for public office. Page 1 of 5 ARTICLE V The Corporation shall be operated in a manner that prevents it from being a private foundation within the meaning of Section 509(c)(3) of the Internal Kevenue Code and its regulations as such Section and regulations now exist or may hereafter be amended or under corresponding laws and regulations hereafter adopted; provided, however, that in the event the objects, purposes and business of the Corporation cannot be accomplished unless the Corporation is operated as a private foundation, it shall not be operated in violation of the following limitations, restrictions and prohibitions: (a) The Corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986 and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted; (b) The Corporation shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986 and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter: adopted; (c) The Corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986 and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted; (d) The Corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1986 and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted; (e) The Corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1986 and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted. ARTICLE VI The time for the commencement of this Corporation shall be the date of the filing of these Articles of Incorporation as required by law, and the term of its corporate existence shall be perpetual. ARTICLE VII This Corporation shall be a nonprofit Corporation and shall have no stock, and no dividends Page 2 of 5 or pecuniary profits shall be declared or paid to the directors hereof or to any other private individual. All the earnings and property of the Corporation shall be used to further the purposes and objects of the Corporation as set forth in Article III. Nothing contained herein, however, shall prohibit payments by the Corporation to directors or members as reasonable compensation for services rendered to the Corporation. ARTICLE VIII The directors, officers and members of the Corporation shall not be individually liable for the Corporation's debts or other liabilities. The private property of such individuals shall be exempt from any corporate debts or liabilities. A director of the Corporation shall not be personally liable to the Corporation or its members, if any, for monetary damages for breach of fiduciary duty as a director, except for liability (i) for any breach of the director's duty of loyalty to the Corporation or its members, if.any, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) under Section 10-3830 or Section 1 OB 11301 of the Arizona Revised Statutes, or (iv) for any transaction fi-om which the director derived any improper personal benefit. If the Arizona Revised Statutes are hereafter amended to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the Arizona Revised Statutes, as so amended. AC.y repeal or modification of this Article shall not adversely affect any right or protection of a director of the Corporation existing at the time of such re_peal or modification. ARTICLE IX The control and management of the affairs of the Corporation shall be vested in a Board of Directors of not less than five (5), nor more than twenty-one (21), persons. The Incorporators shall serve as directors, beginning with the incorporation of this Corporation and until the organizational meeting of the Corporation when their successors shall be elected and qualified. The Bylaws of the Corporation as adopted by the Incorporators shall prescribe the terms of office and manner of election of directors. ARTICLE X The Corporation will have members. The qualifications of the members, their manner of selection, any classes of membership, and the rights, duties and voting privileges of members shall be established in the Bylaws of the Corporation. ARTICLE XI No person shall possess any property right in or to the property or assets of the Corporation. Upon dissolution of this Corporation as provided in the Bylaws, all assets remaining after payment of any outstanding liabilities shall be distributed exclusively to charitable, religious, educational or scientific organizations which would then qualify under the provisions of Section 501 (c)(3) of the Internal Revenue Code and its regulations as such Section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted and which organizations Page 3 of 5 have purposes and objects similar to those of the Corporation, all determined in accordance with the Bylaws. ARTICLE XII The initial board of directors shall consist of two directors. The names and addresses of the persons who are to serve as the initial Board of Directors until the first annual meeting of the members or until their successors are elected and qualify are: 1. James DeGrood 3696 W'. Orange Grove Road Tucson, Arizona 85741 2. Jane Howell 13251 N. Lon Adams Road Marana, Arizona 85653 ARTICLE XIII The names and addresses of the incorporators are: 1. James DeGrood 3696 W. Orange Grove Road Tucson, Arizona 85741 2. Jane Howell 13251 N. Lon Adams Road Marana, Arizona 85653 All powers, duties and responsibilities of the incorporators shall cease at the time of delivery of these Articles of Incorporation to the Arizona Corporation Commission. IX. The name and address of the statutory agent of the Corporation is: Hochuli & Benavidez, P.C. 220 East Wetmore Road, Suite 110 Tucson, Arizona 85705-1748 X. This corporation will not practice or permit discrimination on the basis of sex, age, race, national origin, religion, or physical handicap or disability.. Page 4 of 5 EXECUTED this day of November, 2002, by all of the Incorporators. James DeGrood Jane Howell ACCEPTANCE OF APPOINTMENT BY STATUTORY AGENT The undersigned hereby acknowledges and accepts the apt)ointment as statutory agent of the above-named corporation effective this [ _sC- day of November_~)02. ~ Th~ma~'~. Benavidez ~ ........ -~. · ' (_ Hochuli & Benavidez, P.C. " Page 5 of 5 Phoenix Address: 1300 West Washington Phoenix, Arizona 85007-2929 ARIZONA CORPORATION COMMISSION CORPORATIONS DMSION Tucson Address: NONPROFIT CERT~ICATE OF DISCLOSURE A.R.S. Section 10-3202.D. 400 West Congress Tucson, Arizona 85701-1347 Marana Combined Appeal, Inc. EXACT- CORPORATE NAME . A. Has any person serving either by election or appoin~'nent as officer, director, trustee, or incorporator in the corporation: 1. Been convicted cfa felony involving a transaction in securities, consumer fi'aod or antim~st in any stat~ or federal jurisdiction within the seven-year period immediately preceding the execution of this Certificate? 2. Been convicted cfa felony, the essential elements ofwhich consisted of fraud, misrepresentation, thef~ by false pretenses, or restraint oftrade or monopoly in any state or federal jurisdiction within the seven-year period immediately preceding the execution of this Certificate? 3. Been or are subject to an injunction, judgment, decree or permanent order of any state or federal court entered within the seven-year period immediately preceding the execution of this Certificate wherein such injunction, judgment, decree or permanent order: (a) Involved the violation of frand or registration provisions oftbe securities laws of that jurisdiction?; or (b) Involved the violation of the consumer fraud laws of that jurisdiction?; or (c) Involved the violation oftbe antitrust or restraint of trade laws of that jurisdiction? Yes No B. IF YES, the following information MUST be attach~a- 1. Full name and prior name(s) used. 2. Full birth name. 3. Present home address. 4. Prior addresses (for immediate preceding ~-year period). 5. Date and location of birth. Social Security number. The nature and description of each conviction or judicial action, date and location, the court and public agency involved and ftc or cause number of case. C. Has any person serving either by election or appointment as an officer, director, trustee or incorporator of the corporation, served in any such capacity or held such interest in any corporation which has been placed in bankruptcy or receivership or had its charter revoked, or administratively dissolved by any jurisdiction? Yes No IF YOUR ANSWER TO THE ABOVE QUESTION IS "YES", YOU MUST ATrACH THE FOLLOWING INFORMATION FOR EACH CORPORATION: I. Name and address of the corporation. 4. Dates of corporate operation. 2. Full name, including alias and address of each person involved. 5. A description of the bankruptcy, receivership or charter revocation, 3. State(s) in which the corporation: includingthe date, court or agency and the f'fie or cause number of the (a) Was incorporated, case. (b) Has transacted business. D. The fiscal year end adopted by the corporation is Under penalties of law, the undersigned incorporators/officers declare that we have examined this Certificate, including any attachments, and to the best of our knowledge and belief it is true, correct and complete, and hereby declare as indicated above. THE SIGNATURE(S) MUST BE DATED WITHIN THIRTY (30) DAYS OF THE DELIVERY DATE. BY DATE BY DATE TITLE TITLE BY DATE BY DATE TITLE TITLE DOMESTIC CORPORATIONS: ALL INCORPORATORS MUST SIGN THE INITIAL CERTIFICATE OF DISCLOSURE. (If more than four Incorporators, please attach remaining signatures on a separate sheet of paper.) If within sixty days, any person becomes an officer, director, or trustee and the person wa~ not included in this disclosure, the corporation must file an AMENDED certificate signed by all incorporators, or if officers have been elected, by a duly authorized officer. FOREIGN CORPORATIONS: MUST BE SIGNED BY AT LEAST ONE DULY AUTHORIZED OFFICER OF THE CORPORATION. CF: 0001 - Non-Profit Rev: 9/00