HomeMy WebLinkAbout11/20/2007 Council Agenda Packet4 ,OWN 0,
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
November 20, 2007., at or after 7:00 p.m.
Ed Honea, Mayor
Herb Kai, Vice Mayor
Council Members
Russell Clanagan
Patti Comerford
Tim Escobedo
Carol McGorray
Roxanne Ziegler
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the
agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
AS A COUR-TESY TO OTHERS. PLEASE TUKN OFF OR. PUT IN SILENT MODE ALL PAGERS
AND CELL PHONES.
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third
Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or
Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted
agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In. such a
case a new agenda will be posted in place of this agenda.
If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda
items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any
person interfering with the meeting in any way, or acting rudely or loudly will be removed from the
meeting and will not be allowed to return.
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials printed
in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special
services are available upon prior request to the Town Clerk at least 10 working days prior to the Council
meeting.
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or
online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances.
For questions about the Council meetings, special services or procedures, please contact the Town Clerk,
at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than November 19, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana
Operations Center and at www.marana-com under Town Clerk, Agendas, Minutes and Ordinances.
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MARANA
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
November 20, 2007, at or after 7:00 p.m.
REGULAR MEETING
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
C. APPROVAL OF AGENDA
D. CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any
issue not already on tonight's agenda. The speaker may have up to three minutes to
speak. Any persons wishing to address the Council must complete a speaker card
located outside the Council Chambers and deliver it to the Town Clerk prior to the
commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the council may respond to
criticism made by those who have addressed the Council, may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
E. PRESENTATIONS -
1. Presentation 2007 Engineering Excellence Honor Award from the American
Council of Engineering Companies of Arizona (Charlie Mangum)
2. Presentation Status Report on the 2007 Marana General Plan (Kevin
Kish/Paul Popelka)
3. Presentation Governor's Office of Highway Safety presentation of a new
motorcycle to Marana Police Department (Richard Vidaurri)
4. Presentation Relating to the Regional Transportation Authority; the
current status of the effort tailored to Marana projects (Keith Brann)
ANNOUNCEMENTS[UPDATES
PROCLAMATIONS
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
November 20, 2007, at or after 7:00 p.m.
GENERAL ORDER OF BUSINESS
1. CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2007-195: Relating to Community Development; approving
and authorizing the extension of an intergovernmental agreement with Pima
County for the management and implementation of the 2005-2006 and 2006-
2007 Community Development Block Grant Program until December 31,
2008 (T. Van Hook)
2. Resolution No. 2007-196: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a person and location
transfer for a limited liability company license for a No. 06 (Bar) liquor
license submitted by David Maxwell Landman on behalf of Mira Vista
Resort, located at 7501 N. Wade Road (Jocelyn Bronson)
3. Resolution No. 2007-197: Relating to Personnel; approving and adopting an
amendment to the Town's Personnel Policies and Procedures Manual,
revising Section 3-6-1 "Nonexempt Employees" of Policy 3-6
"Overtime/Compensatory Time." (Mike Reuwsaat/Jane Fairall)
4. Resolution No. 2007-198: Relating to Administration; approving and
authorizing the Mayor to execute an agreement for legal services with Barry
M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy, P.C., to
serve as counsel to the Town of Marana Personnel Action Review Board; and
declaring an emergency (Frank Cassidy)
5. Resolution No. 2007-199: Relating to the Police Department; approving and
authorizing the execution of an intergovernmental agreement between MPD
and the Pima Community College District (Richard Vidaurri)
6. Resolution No. 2007-200: Relating to Personnel: approving and authorizing
a contract with to Drovide a town-wide co ghnenfinn and
classification study (Erik Montague)
J. COUNCIL ACTION
1. Resolution No. 2007-201: Relating to Mayor and Council; authorizing
alternative dates for January 2008 Council meetings (Jocelyn Bronson)
qIMARANAO
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask
for discussion or consultation for legal advice with the Town Attorney
concerning any matter listed on this agenda.
2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for
legal advice with the Town Attorney concerning water rights and water
service issues and to consult with and instruct the Town Attorney and the
Town Manager concerning the lawsuit entitled Town of Marana v. Pima
County, Pima County Superior Court No. C20076038, and to direct the
Town Manager and Town Attorney with respect to that litigation and other
water rights and water service issues (Frank Cassidy)
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
November 20, 2007, at or after 7:00 p.m.
2. PUBLIC HEARING. Trico-Marana Revised Annexation: Relating to
Annexation; consideration of the Town of Marana's desire to annex
approximately 526 acres in Sections 14 and 23, Township 11 South, Range 10
East (Kevin Kish)
3. PUBLIC HEARING. Ordinance No. 2007.26: Relating to Development;
approving and authorizing a rezoning and a minor General Plan amendment
for La Vista Bonita (Kevin Kish)
4. a. Resolution No. 2007-202: Relating to Real Property; Approving and
authorizing the Mayor to execute an intergovernmental agreement with
Pima County for license of County rights-of-way, upon County approval and
execution of a reciprocal intergovernmental agreement for license of Town of
Marana rights-of-way; and declaring an emergency (Frank Cassidy)
b. Resolution No. 2007-203: Relating to Real Property; approving an
authorizing the Mayor to execute an intergovernmental agreement with
Pima County for license of Town of Marana rights-of-way; and declaring an
emergency (Frank Cassidy)
K. BOARDS, COMMISSIONS AND COMMITTEES
1. The Council sitting as the District Board for the Saguaro Springs
Community Facilities District; approval of the minutes of the October 16,
2007 District Board meeting.
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. Discussion/Possible Action weekly Council meetings (Jocelyn Bronson)
M. EXECUTIVE SESSIONS
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
November 20, 2007, at or after 7:00 p.m.
N. FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the
agenda, if three or more council members request an item to be placed on
the agenda, it must be placed upon the agenda for the second regular town
council meeting after the date of the request (Marana Town Code, Title 2,
Chapter 2-4, Section 2-4-2 B)
0. ADJOURNMENT
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDAITEM: E. I
TO: MAYOR AND COUNCIL
FROM: Charles Mangum, Airport Director
SUBJECT: Presentation 2007 Engineering Excellence Honor Award from the
American Council of Engineering Companies of Arizona.
DISCUSSION/BACKGROUND
Z & H Engineering, Inc. and the Town of Marana received a 2007 Engineering Excellence
Honor Award from the American Council of Engineering Companies of Arizona in October
2007. Jessica Mullen from Z&H Engineering will present the award to the Town.
The award recognizes the accomplishment in "fast-tracking" the design and construction
associated with the Large Aircraft Apron project at the Marana Regional Airport in Marana,
Arizona. The project design schedule was accelerated in order for the apron to be complete and
available for the Accenture World Championship Match Play Tournament held in Marana in
February 2007. Due to the early completion of the design of this project, the Town of Marana
was able to secure over $5.1 million in Federal and State funding. The construction of the over
17-acre parking apron was completed in time for the tournament and was designed to
accommodate Boeing 73 7 aircraft and business jets.
Z & H Engineering is a Phoenix-based civil engineering firm that specializes in airport design
and construction management and is the Town of Marana's engineering consultant at the Marana
Regional Airport.
Marana Regional Airport - Award November 20, 2007
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TOWN COUNCIL
TOWN OF MARANA dA RA?
MEETING
INFORMATION
MEETING DATE: November 20, 2007 AGENDA ITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Presentation Status Report on the 2007 Marana General Plan
DISCUSSION
This presentation will summarize the status of the 2007 Marana General Plan.
Background
In early September, Staff distributed a draft document to Town Council, Planning Commission,
Town staff, and adjacent jurisdictions (Pinal County, Pima County, City of Tucson and the Town
of Oro Valley) and, several reviewing state, regional, and local agencies for formal comment.
The outside agencies were given opportunity to comment within 60 days for formal review and
comment.
Since July, public outreach has included updates on the Marana web site, focus group meetings
and information to all HOA's for publication in their newsletters. In September and October,
open houses for the general public were held at Sunflower, Heritage Highlands, and the Marana
Municipal Complex.
Final Draft of the 2007 Marana General Plan
The Final Draft plan has been completed, posted on the web site, and distributed to the Town
staff and Planning Commission. The Final Draft includes an Introduction, ten Plan Elements,
Implementation and Appendices.
The Planning Commission held a public hearing on November 14. A public hearing and
adoption is anticipated for the December 4 Town Council meeting.
112007 2007 Marana General Plan TC
TOWN COUNCIL
MEETING TOWN OF MARANA 9 A, A 7
INFORMATION
MEETING DATE: November 20, 2007 AGENDATTEM: E. 3
TO: MAYOR AND COUNCIL
FROM: Richard Vidaurri, Marana Chief of Police
SUBJECT: Presentation Governor's Office of Highway Safety presentation of
a new motorcycle to Marana Police Department.
DISCUSSION
For the second consecutive year, the Marana Police Department (MPD) has been awarded a
motorcycle by the Governor's Office on Highway Safety to target increased speed and
aggressive driving resulting from rapid growth within the area and increased traffic volume. This
motor is not only needed to address current trends, but to proactively posture the MPD for the
three-year closure of I- 10 for construction.
The primary goal of the Motors for Marana project is to reduce by five percent the number of
high-speed, serious physical injury, and fatal collisions.
Major objectives of this project include:
• Increased public awareness of the hazards of excessive speed and aggressive driving.
• Increased enforcement of excessive speed and aggressive driving.
• Coordinated efforts between the Town of Marana Police and Traffic Departments, and other
jurisdictions to mitigate problems resulting from the increased traffic on 1- 10 and scheduled
closures.
This new motor unit allows the Marana Police Department to take a two-pronged approach to
target issues surrounding the increased speed and aggressive driving trends resulting from rapid
growth within the area and increased traffic volume. Both excessive speed and aggressive
driving will continue to be addressed through coordinated education and enforcement efforts
utilizing internal resources and by partnering with other like programs.
Education - The Marana Police and Traffic Departments are working cooperatively to educate
internal and external audiences about safety concerns surrounding the excessive speeds and
aggressive drivers resulting from longer commutes and increased density on I- 10. This
coordinated effort includes both driver safety and awareness and innovative programs aimed at
reducing traffic volumes such as ride-share.
Public education efforts conducted by motor officers and members of Marana's Traffic
Department and include:
School resource officers conducting traffic safety as part of their ongoing efforts to reduce
teen-driver/alcohol and drug-related accidents.
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• Town-wide speeding awareness day featuring neighborhood events with "Traffic
Enforcement Zone" events, motor demonstrations and use of speeding radar trailers.
• Public education provided through the Marana Police Citizens Academy.
• Motorist information and traffic safety provided on the Town of Marana's Web site.
In addition, MPD will continue its internal efforts to ensure that its entire workforce receives
ongoing education in a wide variety of law enforcement, driver safety, and community related
subject areas. Motor officers will be required to complete a full series of trainings, become AZ
POST Motor certified prior to deployment and complete quarterly in-service and field training.
Enforcement - The addition of motor officers dedicated to traffic enforcement allows the MPD
to increase efforts to reduce speeding and aggressive driving, heading off the behaviors that lead
to increased incidents of motor vehicle accidents. By proactively addressing the issues and
reducing the burden of accident investigation the MPD has freed up manpower to more
aggressively address I- 10 closures and Marana growth.
Increased maneuverability in congestion, faster acceleration and braking make motor units best
suited for this enforcement effort. As compared to traditional police vehicles, motors offer the
officer a better observation platform without restriction to radar and laser beams. The units also
have less initial and maintenance costs reducing ongoing expense to the Town as compared to a
fully equipped traffic enforcement vehicle. Marana's weather and roadways lend themselves to
the use of police motors.
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TOWN COUNCIL
MEETING TOWN OF MARANA 9 MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDAITEM: E. 4
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E.,CFM, Town Engineer
SUBJECT: Presentation Relating to the Regional Transportation Authority;
the current status of the effort tailored to Marana projects
DISCUSSION
Jim DeGrood of the Regional Transportation Authority (RTA) will give a short presentation on
the status of the RTA effort. The presentation will include current and projected financial status
and highlight Marana projects in the RTA.
RTA presentation 11120107 1:33 PMFJC
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TOWN COUNCIL
TOWN OF MARANA
MEETING I M RM 7
INFORMATION
MEETING DATE: November 20,2007 AGENDAITEM: 1.1
TO: MAYOR AND COUNCIL
FROM: T. VanHook, Community Development Director
SUBJECT: Resolution No. 2007-195: Relating to Community Development;
approving and authorizing the extension of an intergovernmental
agreement with Pima County for the management and
implementation of the 2005-2006 and 2006-2007 Community
Development Block Grant Program until December 31, 2008.
DISCUSSION
During Fiscal Years 2005 and 2006 the Town of Marana was awarded $145,000 and $170,000
for its participation in Pima County's Community Development Block Grant Program.
Subsequently, the Town entered into two separate intergovernmental agreements (IGAs) with the
County for management of the funds. These funds were not fully spent during the contract
period, and Town and County staff would like to extend the contract period through December
2008, so that the funding can be fully leveraged to support affordable housing efforts.
RECOMMENDATION
Staff recommends authorization for the Mayor to extend the intergovernmental agreements with
Pima County for CDBG funding until December 31, 2008, allowing funding not fully
encumbered prior to December 31, 2007 to be spent on program activities during the 2008
calendar year. This funding includes:
9 2005-2006 Affordable Housing Land Acquisition - $51,851
* 2006-2007 Affordable Housing Land Acquisition - $30,000
0 2006-2007 Owner Occupied Housing Rehabilitation - $37,856
The Affordable Housing Land Acquisition program utilizes CDBG funding for the purchase and
improvement of land for future affordable housing projects. The funding helps the Town of
Marana leverage land costs for affordable housing projects. This funding will be used in full for
the acquisition of property located at 12470 North VAitney Lane which is currently in escrow.
Housing Rehabilitation is offered to low-income Marana residents living in owner-occupied
housing. These services include work to repair or replace deteriorated roof systems; repair or
replacement of major heating and cooling systems; connection, repair or replacement of septic
1111412007
systems; minor miscellaneous services for electrical and plumbing upgrades, insulation, ceiling,
wall, window and door repairs; emergency home repairs assistance to alleviate hazardous
conditions that threaten the life and/or health safety of the occupants; and weatherization to help
cut down on utility bills by making repairs to the home that will lower heating costs.
The IGA extension will allow for the purchase of property, equipment, and services for these
programs through December 31, 2008. Quarterly reports will be provided to Pima County as a
condition of the IGAs.
SUGGESTED MOTION
I move to approve Resolution No. 2007-195.
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MARANA RESOLUTION NO. 2007-195
RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING THE
EXTENSION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
THE MANAGEMENT AND IMPLEMENTATION OF THE 2005 -2006 AND 2006-2007
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNTIL DECEMBER 3 1,
2008.
WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing,
neighborhood infrastructure, and parks for its citizens and has applied for Community
Development Block Grant (CDBG) for these purposes; and
WHEREAS, Pima County awarded the Town of Marana funding from their allocation of
2005-2006 CDBG funding to manage and implement programs for these purposes; and
WHEREAS, Pima County and the Town of Marana entered into a intergovernmental
agreement for the management and implementation of these programs through December 3 1,
2007;and
WHEREAS, Pima County and the Town of Marana want to extend the tennination date
of the existing intergovernmental agreement for one additional year to December 31, 2008; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the intergovernmental agreements amendment with
Pima County be approved extending the contract period to December 31, 2008;
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of November, 2007.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
TOWN COUNCIL
MEETING TowN OF MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDA ITEM: 1. 2
TO: MAYOR AND COUNCIL
FROM: Jocelyn C. Bronson, Town Clerk
AGENDA TITLE: Resolution No. 2007-196: Relating to Liquor Licenses; approval
and recommendation to the State Liquor Board for a person and
location transfer for a limited liability company license for a No.
06 (Bar) liquor license submitted by David Maxwell Landman on
behalf of Mira Vista Resort, located at 7501 N. Wade Road.
DISCUSSION
David Maxwell Landman, on behalf of Mira Vista Resort, is applying for a person and location
transfer for a limited liability company license for a No. 06 (Bar) liquor license for premises
located at 7501 N. Wade Road.
The State Department of Liquor Licenses & Control has completed a background investigation
and has forwarded two copies of an application for a spirituous liquor license in accordance with
the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted
on the front of the proposed licensed premises for 20 days prior to this meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no-recommendation" decision on the application. This action must take
place within 60 days of the filing of the application.
If the application is approved at the appropriate government level, and no written protests have
been received by the Town, and if there is no objection by the Director, the application will be
approved. This process normally takes 90 days after the filing of the application.
If the governing body disapproves the application or offers a "no-recommendation" decision, or
if protests have been filed, the application must be set for a hearing before the State Liquor
Board. The hearing may be conducted by the board or by a designated hearing officer. The
purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the
granting of a license.
The applicant for a new license bears the burden of demonstrating his or her "capability,
qualifications and reliability" and that the granting of a license is in "the best interest of the
community" except that, in a person-to-person transfer, an applicant need only prove his or her
64 capability, qualifications and reliability". An applicant in a location-to-location transfer need
only prove that the granting of the license is in the "best interest of the community".
Mira Vista Resort
The decision by the board to grant or deny an application will normally take place within 105
days after the application has been filed, unless the director deems it necessary to extend the time
period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102.
RECOMMENDATION
Staff recommends approval and recommendation to the state liquor board for this liquor license.
SUGGESTED MOTION
I move to approve Resolution No. 2007-196.
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MARANA RESOLUTION NO. 2007-196
RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO
THE STATE LIQUOR BOARD FOR A PERSON AND LOCATION TRANSFER FOR
A LIMITED LIABILITY COMPANY LICENSE FOR A NO. 06 (BAR) LIQUOR
LICENSE SUBMITTED BY DAVID MAXWELL LANDMAN ON BEHALF OF
MIRA VISTA RESORT, LOCATED AT 7501 N. WADE ROAD.
WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of
Marana is empowered to recommend approval or disapproval of a liquor license request
to the Arizona Department of Liquor Licenses and Control; and
WHEREAS, David Maxwell Landman has applied for a person and location
transfer for a limited liability company license for a No. 06 (Bar) liquor license on behalf
of Mira Vista Resort, for premises located at 7501 N. Wade Road; and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 7501 N. Wade Road for
20 days along with a statement requiring any bona fide'resident residing, owning, or
leasing property within a one mile radius in favor of or opposed to such issuance of the
license to file written arguments in favor of or opposed to such issuance with the Town
Clerk; and
WHEREAS, the Town Council considered all statements filed by the applicant
and any bona fide resident at a public meeting on November 20, 2007, and has
deter-mined that it is in the best interests of the Town and its citizens that the application
for a person and location transfer for a limited liability company No. 06 (Bar) liquor
license for Mira Vista Resort, filed by David Maxwell Landman for premises located at
7501 N. Wade Road be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that the Town recommends approval of the application for a person
and location transfer for a limited liability company No. 06 (Bar) license for Mira Vista
Resort, filed by David Maxwell Landman for premises located at 7501 N. Wade Road.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 20th day of November, 2007.
ATTEST:
Mayor Ed Honea
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Marana Resolution No. 2007-196
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDAITEM: 1.3
TO: MAYOR AND COUNCIL
FROM: Michael Reuwsaat, Town Manager
Jane Fairall, Deputy Town Attorney
SUBJECT: Resolution No. 2007-197: Relating to Personnel; approving and
adopting an amendment to the Town's Personnel Policies and
Procedures Manual, revising Section 3-6-1 "Nonexempt Employ-
ees" of Policy 3-6 "Overtime/Compensatory Time."
DISCUSSION
An amendment to Personnel Policy 3-6 "Overtime/Compensatory Time," Section 3-6-1 "Nonex-
empt Employees" was adopted on June 19, 2007. The amendment permitted holiday hours to be
considered as "hours worked" and included in calculating overtime. Prior to the amendment
holiday hours were not counted in overtime calculations.
Staff is currently working on a comprehensive review of the Town's Personnel Policies and Pro-
cedures, the majority of which were effective as of May 18, 1999. While it is certainly neces-
sary to update policies and procedures as employment laws or Council directives change, it is a
common practice to conduct such a comprehensive review periodically to ensure consistency in
practices and compliance with applicable laws.
The amendment to Section 3-6-1 approved by the Council on June 19, 2007 was brought forward
in advance of the comprehensive review now underway. As staff has progressed in the review
process, we have identified fiscal impacts resulting from the change in overtime policies on June
19, 2007. While Council may wish to ultimately adopt this change, staff is recommending that
the policy revert back to the original language until the full Personnel Policies and Procedures
document can be submitted to the Council and all fiscal impacts of any potential changes can be
identified in their entirety for Council's consideration.
Staff anticipates bringing the revised Personnel Policies and Procedures before the Council dur-
ing the first calendar quarter of 2008. This timing will allow for any fiscal impacts to be ad-
dressed within the FY 2009 budget process.
This proposed revision would return Section 3-6-1(E) to its pre-June 19, 2007 fortn, excluding
holiday hours from overtime calculations. This is consistent with the Fair Labor Standards Act
(FLSA) which provides that paid time for holidays and other types of leave is not "hours
worked" and need not be included in the total hours worked for overtime purposes. It is also
consistent with Section 3-7-3(B) of the Town's Personnel Policies and Procedures Manual which
tOO006943.DOC12) JHF
states that "paid time off for holidays will not be counted as hours worked for the purposes of
deten-nining overtime."
Staff acknowledges that this amendment is being brought to Council for consideration and
amendment at the same meeting. Generally, pursuant to Section 3 of the preamble to the Per-
sonnel Policies Manual, amendments to personnel policies and procedures may not be adopted at
the Council meeting where they are first presented, but must be considered and discussed at one
Council meeting and then proposed for adoption at a later Council meeting. Nevertheless, staff
proposes that this revision be adopted immediately to prevent escalating overtime costs for the
upcoming holidays.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-197, approving and authorizing an amend-
ment to the Town's Personnel Policies and Procedures Manual, revising Section 3-6-1 "Nonex-
empt Employees" of Policy 3-6 "Overtime/Compensatory time."
FINANCIAL IMPACT
Adoption of this policy will reduce overtime costs on holiday pay periods by approximately two
thirds (66%). On an annual basis, this change would result in an estimated savings of between
$125,000 and $175,000.
ATTACHMENT(S)
Policy 3-6 "Overtime/Compensatory Time" redlined version.
Policy 3-6 "Overtime/Compensatory Time" "clean" version.
SUGGESTED MOTION
I move to adopt Resolution No. 2007-197.
[00006943.DOC12) -2-
MARANA RESOLUTION NO. 2007-197
RELATING TO PERSONNEL; APPROVING AND ADOPTING AN AMENDMENT TO THE
TOWN'S PERSONNEL POLICIES AND PROCEDURES MANUAL, REVISING SECTION
3-6-1 "NONEXEMPT EMPLOYEES" OF POLICY 3-6 "OVERTIME/COMPENSATORY
TIME."
WHEREAS town staff has presented a proposed amendment to the town's Personnel
Policies and Procedures Manual; and
WHEREAS the Council finds that adoption of the amendments to the town's Personnel
Policies and Procedures Manual is in the best interests of the town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Section 3-6-1 "Nonexempt Employees" of Policy 3-6 of the town's
Personnel Policies and Procedures Manual, entitled "Overtime/Compensatory Time" is hereby
amended as set forth on Exhibit A attached to this resolution.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned amendments.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 201h day of November, 2007.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
{00006941. DOC / 2) JHF H 1810 7
CHAPTER-3
CHAPTER 3
COMPENSATION
MARANX COMPENSATION
=/ I \
TOWN OF MARANA
CHAPTER 3
MARANA COMPENSATION
::?=/I\
TO" OF t!!tt!__J
-
MARANA
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TOWN OF MARAKA
Policy 3-6 OVERTIME/COMPENSATORY TIME
It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime
work may sometimes be necessary to meet emergency situations, seasonal or peak
workload requirements of a critical nature. Department heads are responsible for the
planning required to minimize the need for overtime. If, in the judgment of a Department
Head, work beyond the normal work day or work week is required, the Department Head
may authorize such work. This policy shall not contravene the provisions of the Federal
Fair Labor Standards Act (FLSA) pertaining to the minimum rate of compensation for
employment in excess of an established work period, excluding exempted positions.
Section 3-6-1 Nonexempt Employees
A. Whenever any nonexempt employee is required to work overtime in excess of 40
hours per week, that person shall be compensated for such excess time at the
rate of either:
1. Pay for Service - One and one-half (1-1/2) times the regular rate of
pay at which such person is employed; or
2. Compensatory Time Off - One and one-half (1-1/2) hours of
compensatory time off for each hour worked in lieu of cash payment.
B. The employee shall designate whether he/she desires to use Pay for
Service or Compensatory Time Off at the time the overtime is
documented by the payroll time sheet.
CHAPTE
CHA.PTER 3
MARANA COMPENSATION
COMPENSATION
I \
TOWN OF MAtn__J
CHAPTER 3
MARANA COMPENSATION
=-Z/ I \
7OWN OF MA!!t!_._J
MAR
-
ANA
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TOWN OF MAMNA
C. "Hours worked" for purposes of calculation of overtime pay shall be defined as
time on the job performing a responsible work assignment.
D. Time shall begin once the employee is at the work station or at the call
origination for emergencies.
E. Vacation, sick leave, h and other leave shall not be considered time worked
and shall be deducted from "hours worked" during overtime calculation for each
work week.
_J
MARANA
=/ I \
TOWN OF MARANA
CHAPTER 3
COMPENSATION
Policy 3-6 OVERTIME/COMPENSATORY TIME
It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime
work may sometimes be necessary to meet emergency situations, seasonal or peak
workload requirements of a critical nature. Department heads are responsible for the
planning required to minimize the need for overtime. If, in the judgment of a Department
Head, work beyond the normal work day or work week is required, the Department Head
may authorize such work. This policy shall not contravene the provisions of the Federal
Fair Labor Standards Act (FLSA) pertaining to the minimum rate of compensation for
employment in excess of an established work period, excluding exempted positions.
Section 3-6-1 Nonexempt Employees
A. Whenever any nonexempt employee is required to work overtime in excess of 40
hours per week, that person shall be compensated for such excess time at the
rate of either:
1. Pay for Service - One and one-half (1-1/2) times the regular rate of
pay at which such person is employed; or
2. Compensatory Time Off - One and one-half (1-1/2) hours of
compensatory time off for each hour worked in lieu of cash payment.
B. The employee shall designate whether he/she desires to use Pay for
Service or Compensatory Time Off at the time the overtime is
documented by the payroll time sheet.
C. "Hours worked" for purposes of calculation of overtime pay shall be defined as
time on the job performing a responsible work assignment.
D. Time shall begin once the employee is at the work station or at the call
origination for emergencies.
E. Vacation, sick leave, holiday and other leave shall not be considered time worked
and shall be deducted from "hours worked" during overtime calculation for each
work week.
MARANA
=/I\
TOWN OF MARANA
CHAPTER 3
COMPENSATION
F. The Department Head must specifically authorize the rendering of overtime
services. Employees shall obtain such authorization prior to working any
overtime if possible.
G. Employees who are required by their supervisors to work on a day observed by
the Town as a holiday shall be compensated regular time plus holiday pay for the
actual hours they are required to work, unless overtime compensation is
involved.
H. The Town Manager will ensure that all overtime is recorded and that work
schedules that will allow all employees full opportunity to use accumulated
compensatory time off within reasonable periods of time are developed as
delineated under the Town's Compensatory Leave Policy.
1. An employee may accumulate no more than 80 hours of compensatory time.
2. Accumulated compensatory time in excess of that permitted must be used
within 60 calendar days from the date the compensatory time is recorded.
3. The Town Manager may make an exception in the accumulated
compensatory time as recommended by the Department Head.
Section 3-6-2 Exempt Employees
The overtime provisions of this policy shall not apply to employees whose positions
have been determined to be exempt from the provisions of the Fair Labor Standards
Act. The Town Council shall be responsible for these designations, and the Human
Resources Department shall maintain a list of exempt employees.
MARANA
:?=/I\
7OWN OF MAMNA
CHAPTER 3
COMPENSATION
Policy 3-6 OVERTIME/COMPENSATORY TIME
It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime
work may sometimes be necessary to meet emergency situations, seasonal or peak
workload requirements of a critical nature. Department heads are responsible for the
planning required to minimize the need for overtime. If, in the judgment of a Department
Head, work beyond the normal work day or work week is required, the Department Head
may authorize such work. This policy shall not contravene the provisions of the Federal
Fair Labor Standards Act (FLSA) pertaining to the minimum rate of compensation for
employment in excess of an established work period, excluding exempted positions.
Section 3-6-1 Nonexempt Employees
A. Whenever any nonexempt employee is required to work overtime in excess of 40
hours per week, that person shall be compensated for such excess time at the
rate of either:
1. Pay for Service - One and one-half (1-1/2) times the regular rate of
pay at which such person is employed; or
2. Compensatory Time Off - One and one-half (1-1/2) hours of
compensatory time off for each hour worked in lieu of cash payment.
B. The employee shall designate whether he/she desires to use Pay for
Service or Compensatory Time Off at the time the overtime is
documented by the payroll time sheet.
C. "Hours worked" for purposes of calculation of overtime pay shall be defined as
time on the job performing a responsible work assignment.
D. Time shall begin once the employee is at the work station or at the call
origination for emergencies.
E. Vacation, sick leave, holiday and other leave shall not be considered time worked
and shall be deducted from "hours worked" during overtime calculation for each
work week.
100006950.DOC/)Exhibit A to Resolution No. 2007-197
MARANA
z5Z?l 1 \
TOWN OF MARANA
CHAPTER 3
COMPENSATION
F. The Department Head must specifically authorize the rendering of overtime
services. Employees shall obtain such authorization prior to working any
overtime if possible.
G. Employees who are required by their supervisors to work on a day observed by
the Town as a holiday shall be compensated regular time plus holiday pay for the
actual hours they are required to work, unless overtime compensation is
involved.
H. The Town Manager will ensure that all overtime is recorded and that work
schedules that will allow all employees full opportunity to use accumulated
compensatory time off within reasonable periods of time are developed as
delineated under the Town's Compensatory Leave Policy.
1. An employee may accumulate no more than 80 hours of compensatory time.
2. Accumulated compensatory time in excess of that permitted must be used
within 60 calendar days from the date the compensatory time is recorded.
3. The Town Manager may make an exception in the accumulated
compensatory time as recommended by the Department Head.
Section 3-6-2 Exempt Employees
The overtime provisions of this policy shall not apply to employees whose positions
have been determined to be exempt from the provisions of the Fair Labor Standards
Act. The Town Council shall be responsible for these designations, and the Human
Resources Department shall maintain a list of exempt employees.
100006950.DOC/)Exhibit A to Resolution No. 2007-197
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: November 20,2007 AGENDAITEM: 1.4
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-198: Relating to Administration; approving
and authorizing the Mayor to execute an agreement for legal ser-
vices with Barry M. Corey of the law firm of DeConcini McDonald
Yetwin & Lacy, P.C., to serve as counsel to the Town of Marana
Personnel Action Review Board; and declaring an emergency.
DISCUSSION
Since it was originally created in 2004 and revised in 2005, the Town of Marana Personnel Ac-
tion Review Board (PARB) has been the official entity in place to hear appeals from final deci-
sions of the Town Manager relating to major personnel actions, such as termination, reduction in
pay, demotion, suspension without pay, or reduction in pay in lieu of suspension without pay.
To date, no formal appeals have been taken to the PARB. However, it now appears that a couple
of pending personnel matters may be heard by the PARB. To assure that there are no conflicts of
interest, the Town Attorney's Office feels that it is appropriate for the PARB to have independ-
ent legal counsel to guide it in its decision making process. The Marana Legal Department is
typically involved in representing the Human Resources Department and the Town Manager
with respect to personnel actions that end up before the PARB, making it necessary for the
PARB to have an independent attorney.
This proposed item would approve and authorize the Mayor to execute a legal services contract
with Barry M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy, P.C., to represent
the PARB. Mr. Corey provides these same services for personnel action review entities of sev-
eral other public agencies, including Pima County, the City of Tucson, Pima Community Col-
lege, Santa Cruz County, the City of South Tucson, and others.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-198, approving and authorizing the Mayor to
execute the legal services agreement with Barry M. Corey.
FINANCIAL IMPLICATIONS
The hourly rate is $225 per hour through calendar year 2007, increasing by $5 per hour for each
subsequent calendar year, or $1,800 per day for litigation matters. These fimds are anticipated to
come from the Human Resources Department Budget.
ATTACHMENT(S)
Legal services agreement with Barry M. Corey
SUGGESTED MOTION
I move to adopt Resolution No. 2007-198.
tOO006894.DOCI) FJClcds 1116107
MARANA RESOLUTION NO. 2007-198
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR LEGAL SERVICES WITH BARRY M. COREY OF THE
LAW FIRM OF DeCONCINI McDONALD YETWIN & LACY, P.C., TO SERVE AS
COUNSEL TO THE TOWN OF MARANA PERSONNEL ACTION REVIEW BOARD; AND
DECLARING AN EMERGENCY.
WHEREAS the Town of Marana Personnel Action Review Board (PARB) has been the
official entity in place to hear appeals from final decisions of the Town Manager relating to
major personnel actions; and
WHEREAS it now appears that a couple of pending personnel matters may be heard by
the PARB; and
WHEREAS to assure that there are no conflicts of interest, it is appropriate for the PARB
to have independent legal counsel to guide it in its decision making process; and
WHEREAS Barry M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy,
P.C., is qualified to act in this capacity.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The legal services agreement between the Town of Marana and Barry M.
Corey, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the
Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned legal services agreement.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
(00006892.DOC /I FJClcds 1116107
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into this _ day of _, 2007, by and
between the TOWN OF MARANA, a political subdivision of the State of Arizona, hereinafter
referred to as "Town" and Barry M. Corey of the Law Firm of DeCONCINI McDONALD
YETWIN & LACY, P.C., hereinafter referred to as "Counsel;"
WITNESSETH:
WHEREAS, the Town has determined that the Town of Marana Personnel Action
Review Board, an independent agency of the Town, hereinafter referred to as the "Board," has an
immediate and continuing need for special counsel to advise, counsel, and represent said Board
on certain legal matters; and
WHEREAS, the Town and the Board desire to engage the services of an attorney to
provide such advice, counsel, and legal representation as may be required or requested by the
Board on the basis set forth below;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the
covenants, conditions, and provisions hereinafter set forth, the parties hereto do hereby agree as
follows:
Counsel agrees to serve as special counsel to the Board and to provide such
advice, counsel, and representation as may be required or requested by said Board in the
following matters:
A, All appeals by employees or former or prospective
employees before the Board and all matters related to any such
appeals or any potential or prospective appeals, involving
interpretation and revisions of rules, policies, and related matters.
B. Preparation and delivery of legal opinions and advice with
reference to any appeal or potential or prospective appeals before
the Board as requested by the Chairperson or Acting Chairperson
of the Board or the Town's Human Resources Director or the
Town Attorney or the designee of any of them;
C. Such other legal services with reference to any appeal or
potential or prospective appeals before the Board or other matters
related to the functions of the Board as may be requested by the
Chairperson or Acting Chairperson of the Board or by the Town's
Human Resources Director or the Town Attorney or the designee
of any of them;
D. Other legal services for the Board and/or representation of
the Board before any court of record or whenever it has been
determined by the Town Attorney or his or her designee that it
would be improper, unsuitable, or inappropriate for the Office of
the Town Attorney to provide such other legal services or
representation to the Board.
Counsel shall utilize professional judgment in determining whether to render the above
services personally or though other legal professionals in his law firm or under his supervision
and control, Counsel may also, as needed or in the exercise of professional judgment, render
these services by utilizing the resources of other lawyers or legal professionals with whom he is
associated or affiliated.
2, The Marana Town Attorney or a Deputy or Assistant Town Attorney, who shall
be designated by the Town Attorney, shall serve as contact within the Office of the Town
Attorney for Counsel- Said Attorney shall be responsible for arranging, providing, and
expediting access to Town personnel records or other matters which may be necessary or
appropriate in consonance with the responsibilities of Counsel as set forth above.
2
3. In conjunction with any hearings of appeals handled by Counsel in accordance
with the terms of this Agreement, Counsel will coordinate such action as required with the
designated Town Attorney so as to keep the Office of the Town Attorney apprised as to the
status of all such hearings and the results thereof.
4. The Town agrees to pay Counsel in accordance with the attached Schedule A,
Statement of Costs and Expenses, and for the services rendered to the Board, including travel
time, as follows:
A, Any legal services provided by Counsel for the Board,
except for work in matters in litigation, during the term of this
Agreement shall be compensated by the Town at the rate of two
hundred twenty five dollars ($225.00) per hour, during the
calendar year 2007, and at an hourly rate increasing by five dollars
($5.00) per hour of Counsel's time for each subsequent year.
B, In addition to those payments specified in Subparagraph A
above, the Town shall compensate Counsel at the rate of one
hundred forty dollars ($140.00) per hour for law clerk, paralegal,
and/or legal intern research or other services which may be
required on behalf of the Town during the calendar year 2007, and
at an hourly rate increasing by five dollars ($5.00) per hour for
each subsequent year.
C, For all work in matters in litigation, Counsel shall be
compensated by the Town during the calendar year 2007 at the rate
of one thousand eight hundred dollars ($1,800.00) per day, or any
portion thereof on a pro-rata basis, for the work of the assigned
lawyer or lawyers. For the purposes of this Subparagraph, a day
shall constitute not less than six (6) hours, and any work in matters
in litigation comprising less than six (6) hours shall be
compensated on said pro-rata basis using the above-quoted price as
the base compensation for a six-hour period. For years subsequent
to 2007, the rate set forth above shall be increased by the sum of
thirty dollars ($30.00) per day for each subsequent year,
5. Payment for the services rendered hereunder shall be made upon receipt of
statements when properly certified by the authorized Town officers confirming the services for
which payment is requested.,
3
6. All the work product and materials of Counsel, including pleadings, briefs, notes,
research, and other papers shall be the property of the Town and shall be delivered to the Town
at the written request of the Town Attorney or his or her designee, provided, however, that the
Town shall, at the request of Counsel, and at the sole expense of the Town, furnish to Counsel
copies of any or all the foregoing at the time of'said delivery by Counsel. Any such documents
left in the possession of Counsel longer than one (1) year after the final disposition of the matter
concerned may be disposed of by Counsel without further responsibility.
7, It is agreed that Counsel and other members of his law firm may engage in the
representation of the Town or any individual or entity against the Town and that any potential
conflict of interest arising as a result of Counsel's advice to and representation of the Board be
and hereby is waived, currently and prospectively, except as to any situation in which Counsel or
any member of his law firm or other counsel with whom he may affiliate might wish to appear
before the Board representing any party, whether the Town, or any employee or employee group,
in which case this waiver would not apply.
8. Counsel agrees to hold harmless, indemnify, and defend the Town of Marana, and
its Mayor and Council Members, officers, employees, and agents from all losses, suits or
damages of any kind (including attorney's fees, defense costs, and expenses) arising out of actual
malpractice of Counsel.
9. Counsel shall maintain, for the duration of this Agreement, policies of insurance
covering workers' compensation and malpractice liability, in forms and limits acceptable to the
Town's Risk Manager.
10. This Agreement is effective as of ? 2007, and supercedes any
previous agreements entered into by these parties, and shall continue in full force and effect until
4
terminated by either patty. Termination may occur upon thirty (30) days written notice by either
party to the other party, and in a manner consistent with the established ethics of the legal
profession. Should termination occur, Counsel shall professionally continue his work on
assigned tasks until all such tasks are closed or transferred, with the Town's consent, to other
counsel, subject to all the rights and obligations of this Agreement, unless the Town gives
written approval of another, method of disposing of the open tasks being performed by Counsel.
IN WITNESS WHEREOF Counsel has executed this instrument and the Town has
caused this instrument to be executed by its duly authorized officers thereto as of the day first
written above.
TOWN OF MARANA, a political subdivision of the State
of Arizona
By:
its
BARRY A COREY, COUNSEL
ATTEST:
TOWN CLERK OF THE TOWN OF MARANA
APPROVED AS TO FORM:
TOWN ATTORNEY
]:\FILES\DOCSXFIRM05\456456?DOCUiI 1930 DOC
5
COST AND EXPENSES
SCHEDULE"A"
I . Telephone Calls: The actual cost of long distance telephone calls, including tax.
2. Photocopies: $.25 cents per copy. Outside copying services (Reproductions, etc.)
will be billed at actual cost incurred by the firm.
3. Travel: Travel time will be billed at the regular hourly rate. There is no mileage
meals, lodging charge for travel by personal motor vehicle. Expenses of other modes of
travel (airfare, etc.) plus costs of, etc., will be billed at actual cost.
4. Postage: Actual cost.
5. Express Delivery and/or Messenger Service: Actual cost incurred by the firm for
outside express mail and/or outside delivery services; for delivery by firm personnel,
$15.00 per hour, plus expenses described under "Travel".
6. Clerical/Computer Word ProcessinLy: No charge for ordinary word processing;
other clerical work, if voluminous, will be billed at rates commensurate with current
charges in this community for the specific services being performed.
7. Computerized Legal Research (Westlaw, Lexis, Etc.): Actual, pro rata on-line
charges billed to the firm for our clients.
8. Facsimile Charges: Fifty cents ($.50) per page (Sending only).
9. Miscellaneous Charges: All court-related charges (i.e., expenses of litigation;
court reporter services for depositions; expert witness testimony and/or reports for trial;
jury fees; witness fees; outside preparation of any and all extraordinary exhibits or trial
preparations which the firm is unable to produce internally) will be billed at the actual,
cost incurred by the firm.
10. Expert or Other Professional Services: In the event that complete representation
requires the services of an expert or the services of a professional which cannot be
provided by the firm, the expenses for these services shall be billed at actual cost.
11. Any other expenses incurred by the firm pursuant to the representation will be
billed at actual cost.
(0000689I.DOC /)
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
.MEETING DATE: November 20, 2007 AGENDAITEM: 1.5
TO: MAYOR AND COUNCIL
FROM: Richard Vidaurri, Chief of Police
SUBJECT: Resolution No. 2007- 199: Relating to the Police Department;
approving and authorizing the execution of an intergovernmental
agreement between MPD and the Pima Community College
District
DISCUSSION
In the year 2000 the Marana Police Department (MPD) entered into an agreement with the Pima
Community College District (PCC) which enabled participants in the Citizen's Police Academy
to earn college credits for their participation in the program. This arrangement was mutually
beneficial in that it created additional motivation for those interested in the Academy, while also
drawing from a pool of prospective candidates who were already enrolled in college. This has
been a successful arrangement which both the Police Department and PCC wish to see
continued.
This Resolution will approve and authorize the execution of the agreement attached to, and
incorporated into the resolution by reference. The agreement will ensure that this worthwhile
program continues through 2011.
FINANCIAL IMPACT
Any funding required as a result of this agreement has already been accounted for in the Police
Department's Community Resource Budget.
RECOMMENDATION
Staff recommends that the Mayor and Council adopt Resolution No. 2007-199, approving and
authorizing the agreement with PCC to provide for continued participation in the program.
ATTACHMENT(S)
Intergovernmental agreement between MPD and PCC-
SUGGESTED MOTION
I move to adopt Resolution 2007-199.
(0000684].DOCI)
CIH 11/0 1/0 7
Page I of I
MARANA RESOLUTION NO. 2007-199
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXE-
CUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN MPD AND THE PIMA
COMMUNITY COLLEGE DISTRICT
WHEREAS the Pima Community College District (PCC) and the Marana Police Department
(MPD) desire to enter into an agreement for the implementation and administration of a joint educa-
tion program; and
WHEREAS MPD created the Citizen's Police Academy for people who live, work, or attend
school in Marana, giving them the opportunity to get to know their Police Department and furthering
MPI)s goal to "Further our Partnership with the Community"; and
WHEREAS it will increase the public interest and attract additional applicants to the Citi-
zen's Police Academy if citizens are able to earn college credit for their participation; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the agreement between the Town of Marana and the Pima Community
College District, attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Chief of Police and his staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli-
gations, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 20TH day of November, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Cedric Hay, Senior Assistant Town Attorney
[00006877.DOCI) CIH11105107
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INTERGOVERNMENTAL AGREEMENT
BETWEEN TOWN OF MARANA
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AND PIMA COUNTY COMMUNITY COLLEGE DISTRICT
THIS AGREEMENT is made by and between TOWN OF MARANA, (hereinafter called "AGENCY") and PIMA
COUNTY COMMUNITY COLLEGE DISTRICT (hereinafter called the "COLLEGE"):
WITNESSETH:
WHEREAS, the COLLEGE, through its Governing Board, is empowered and authorized to contract, employ faculty and
staff, and provide educational courses and/or programs pursuant to A.R.S. § 15-1444, and
WHEREAS, it would further the public interest if this educational opportunity is provided to AGENCY to enroll
designated students for college level courses, and
WHEREAS, AGENCY and the COLLEGE desire to enter into an Agreement for the implementation and administration of
an educational program;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, AGENCY and the COLLEGE do hereby
agree as follows:
riCLE 1. PURPOSE
The purpose of this Agreement is to establish the framework within which the COLLEGE may operate educational
programs for the benefit of individuals identified by the AGENCY and set out the understanding of both parties as to
their mutual responsibilities and rights regarding these programs. The attached Addenda No. 1, which is hereby
incorporated into this Agreement by this reference, describes the programs to be offered. The COLLEGE and the
AGENCY may add other programs to this Agreement by mutually agreeing upon and approving Addenda that outline
specific, programmatic scope of work and financial considerations.
ARTICLE 11. SCOPE OF WORK
Relevant scopes of work are detailed in attached Addenda.
ARTICLE III. FINANCIAL CONSIDERATIONS
A. COLLEGE Tuition and Fees
1. The COLLEGE shall assess tuition and fees at the current official rate per semester for each participant who
successfully enrolls in the courses under this Agreement.
2. Students enrolled under this Agreement shall be responsible for the payment of all required tuition and fees in
amounts set by the COLLEGE Board of Governors. Provisions for tuition payments/Program Cost for students
may be made by AGENCY as a part of this Agreement.
3. Refunds of tuition and fees/Program Cost shall be in accordance with the refund policy approved by the
COLLEGE Board of Governors for the fiscal year(s) in which this Agreement is in effect.
4. Additional financial considerations applicable to individual programs are specified in the attached Addenda.
Agreement
Rcv October 26, 2004, Finance and Administrative Services
ARTICLE IV. STANDARD PROVISIONS
A. The COLLEGE will provide curriculum and instructional design, with the advice and input of AGENCY for training
)f selected individuals identified by AGENCY. All curriculum and instruction is under the control of the COLLEGE.
The COLLEGE retains the right to select, evaluate, and remove any instructor from the program at the will of the
COLLEGE.
B. The COLLEGE will provide administrative support for all educational activities required to implement the terms of
this Agreement, including but not limited to supervision, coordination and direction to all appropriate instructional
staff, faculty and instructional aides.
C. Each party shall retain complete control and jurisdiction over such programs of its own that are outside of this
Agreement, and nothing in the execution of this Agreement or in its performance shall be construed to establish a
joint venture of the parties hereto.
D. The parties to this Agreement agree that they will not discriminate against any employee or applicant due to race,
color, religion, sex, or national origin, and in this regard they will comply with all applicable federal and state
employment laws, rules and regulations, including the Americans with Disabilities Act.
E. The AGENCY acknowledges the COLLEGE's responsibility to comply with the Family Educational Rights and
Privacy Act and will cooperate with the COLLEGE to ensure joint activities under this Agreement do not conflict with
said responsibility. Any non-directory student information shared as part of this Agreement will serve an explicit
educational purpose.
F. This Agreement requires that recording be effected with the Pima County Recorder or Secretary of State, as
applicable. The COLLEGE is authorized to enter into Agreement pursuant to provisions of A.R.S. § 11-951 et seq/ and
k.R.S. §15-1444; the AGENCY is authorized to extend into this Intergovernmental Agreement pursuant to provisions
of A.R.S. §11-951 et. seq.
G. The term of this Agreement shall commence on the 15th day of January, 2007and shall expire on the 31st day of
December, 2011. Thereafter the Agreement may be extended for four additional one-year periods by written approval
of both parties, and subject to the provisions of Section H., below. Either party may at any time cancel this Agreement
or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to the other party which
shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, this
Agreement shall become null and void except for the portion or portions of payment herein agreed upon for which
expenses have been necessarily incurred in the performance of this Agreement.
H. The continuation and renewal of this Agreement shall be subject to approval by the COLLEGE Governing Board and
subject to the appropriation and receipt of sufficient funds by the COLLEGE to administer and support the program.
In the event sufficient funds are not available or appropriated at any time, the COLLEGE may cancel the Agreement
by delivering written notice to AGENCY according to the termination provisions of Section E., above.
1. Upon termination of this Agreement, equipment furnished or purchased by the COLLEGE for the program shall be
retained by the COLLEGE, and equipment furnished or purchased by AGENCY shall be retained by AGENCY.
This Agreement shall be subject to and interpreted under the laws of the State of Arizona. Any controversy or claim
arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default,
or misrepresentation in connection with any of its provisions, shall be submitted to arbitration, to be held in Pima
County, Arizona, in accordance with the Uniform Arbitration Act, A.R.S. § 12-1501 et seq. The arbitrator shall be
selected by mutual agreement of the parties; if none, then by striking from a list provided by an organization such as
the American Arbitration Association. In the event either party institutes arbitration under this Agreement, the party
prevailing in any such arbitration shall be entitled, in addition to all other relief, to reasonable attorneys' fees relating
Agreement
Rev October 26, 2004, Finance and Administrative Services
to such arbitration. The non-prevailing party shall be responsible for all costs of the arbitration, including but not
limited to, the arbitration fees, court reporter fees, etc. The decision of the arbitrator shall be final and binding upon
the parties.
AGENCY agrees to indemnify and hold harmless the COLLEGE from all injuries to persons or property caused by
acts or omissions of AGENCY arising out of AGENCY's activities under this Agreement. The COLLEGE agrees to
indemnify and hold harmless AGENCY from all injuries to persons or property caused by acts or omissions of the
COLLEGE arising out of the COLLEGE's activities under this Agreement. In the event of concurrent liability, the
parties shall have the right of contribution from each other.
L. Notwithstanding the provisions of Articles 11 and 111, students, instructors, and COLLEGE staff participating in this
program shall not be considered as employees of AGENCY, and agents or employees of AGENCY shall not be
considered employees of the COLLEGE. Accordingly, employees of one party shall not be entitled to employee
benefits normally provided to bona fide employees of the other party. Nothing in this Agreement or its performance
except as provided in A.R.S. § 23-1022.13 shall be construed to result in any person being the officer, agent, employee,
or servant of either party when such person, absent this Agreement and the performance thereof, would not in law
have such status.
M. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides in pertinent part:
The state, its political subdivisions or any department of either may, within three years after its execution,
cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any
of the departments or agencies of either if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the
departments or agencies of either is, at any time while the contract or any extension of the contract is in
effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract.
N. "Materials" shall mean recorded information, regardless of form or medium in which recorded. The COLLEGE shall
retain the right to an irrevocable, worldwide, royalty-free, non-exclusive license to reproduce and use for its
purposes, including distribution within the COLLEGE and distribution outside of the COLLEGE, the materials
developed by the COLLEGE under the terms of this Agreement. This shall not apply to materials developed by
AGENCY or its contractors.
0. This document contains the entire Agreement between the parties and may not be modified, amended, altered or
extended except through a written amendment by the parties.
Agreement
Rev October 26, 2004, Finance and Administrative Services
IN WITNESS WHEREOF, the parties have executed this Agreement on this - day of
A COUNTY COMMUNITY TOWN OF MARANA
CuLLEGE DISTRICT
Signature
Date
Vice Chancellor for Finance
Contact: John Gillis (520) 206-6350
(Phone #)
REVIEWED AND APPROVED AS TO FORM
Signature
Mayor
AGENCY Mailing Address:
Town of Marana
Date
11555 W. Civic Center Drive
Marana, AZ 85653
Contact: Richard Vidaurri (520) 382-2000
(Phone #)
EILTsuant to A.R.S. § 11-952.1), the attorney for each of the parties has determined that the foregoing Agreement is in
)er form and is within the powers and authority granted under the laws of the State of Arizona to the party which
such attorney represents.
COLLEGE Legal Counsel
Date
AGENCY Leg t7lel Date
Agreement
Rev October 26, 2004, Finance and Administrative Services
oil kov"
PIMA COUNTY COMMUNITY COLLEGE DISTRICT
And
TOWN OF MARANA POLICE DEPARTMENT
Addendum No. 1: Community Campus - Law Enforcement/Community Development Program
SCOPE OF WORK
A. The AGENCY and the COLLEGE will leverage resources to provide credit courses mutually agreed upon
by the COLLEGE and the AGENCY in Law Enforcement/Community Development and/or support courses
for the credential programs in those areas. Classes will be offered either in an academy format, which will
consist of a series of courses designed to enable a cohort of students to obtain necessary certifications or
credentials, or on an individual basis as requested by the AGENCY.
B. The COLLEGE shall:
1. Work with the AGENCY to develop and schedule courses to meet AGENCY's educational needs. The
COLLEGE will also evaluate courses to ensure adherence to COLLEGE educational and training
standards.
2. Certify, contract with and supervise faculty/instructors that provide instruction under this Agreement.
The COLLEGE may remove any instructor from the program with or without cause or notice and
without the right of the employee to grieve or appeal.
3. Provide support services to COLLEGE students, including:
a. Assistance with application and registration process;
b. Assessment testing;
c. Acaden-dc advising;
d. Financial aid advising and counseling;
e. Transcript evaluation and graduation checks, if applicable.
4. Provide program coordination and a liaison to the AGENCY to facilitate the delivery of the goods
and/or services described under this Agreement.
C. AGENCY shall:
1. Provide a liaison who will work with the COLLEGE liaison to facilitate efficient program delivery.
2. Provide instructional facilities that suit program needs and permit COLLEGE site visits to ensure
facilities are satisfactory.
3. Provide a qualified instructor with expertise in the appropriate subject matter. AGENCY will
participate in COLLEGE faculty evaluation processes.
4. Comply with the standards of the adopted COLLEGE curriculum for the program provided under this
Agreement.
5. Utilize the grading system approved for use by the relevant program at the COLLEGE, and provide
final, grades according to the COLLEGE timeline.
6. Provide student course records in accordance with the COLLEGE guidelines.
#C2005124B
7. Adhere to the COLLEGE "Adjunct Faculty Guidebook" and "The Student's Rights and Responsibilities"
for all persons performing or receiving services under this Agreement.
FINANCIAL CONSIDERATIONS
1. In recognition of each party's contribution to programs under this Addendum, the COLLEGE shall
invoice the AGENCY for tuition and fees, and the AGENCY shall invoice the COLLEGE an amount to
co ver the AGENCY's cost of instruction up to but not to exceed the total tuition and fee amount.
2. Each party shall invoice the other on a semi-annual basis on June 30 and December 31. Payment is due
within thirty (30) days of invoice date.
CONTACT INFORMATION
COLLEGE
Contact: David Rodenkirch
Contact Phone: 520.206.7818
AGENCY
Contact: Richard Vidaurri
Contact Phone: 520.382-2000
All payments will be mailed to:
Bursar, Pima Community College
4905 E. Broadway Blvd, . .
Tucson, AZ 85709-1225
All invoices will be mailed to:
Town of Marana Police Department
11555 W. Civic Center Drive Bldg. B
Marana, AZ 85653
APPROVALS (only required for Addenda not incorporated into original Agreement)
COLLEGE AGENCY
Signature Date Signature
Title Title
Date
#C2005124B
TOWN COUNCIL
MEETING TOWN OF MARANA q ANA 7
INFORMATION
12
MEETING DATE: November 20, 2007 AGENDA ITEM: 1. 6
TO: MAYOR AND COUNCIL
FROM: Erik Montague, Finance Director
SUBJECT: Resolution No. 2007-200: Relating to Personnel;
approving and authorizing a contract with to
provide a town-wide compensation and classification study.
DISCUSSION
On October 15, 2007, a Request for Proposal HR2008-0017 was issued to perform a
Compensation and Salary study for the Human Resources department on behalf of the Town of
Marana. The Consultant will perform an analysis of the current classification system and salary
structure to determine its strengths and weaknesses. Job families that reflect the work performed
by the employees will be identified and positions will be classified into their appropriate
families. Position summaries will be evaluated and used in matching other organizations'
positions to those of the Town. Salary data from relevant labor markets identified by Town will
be gathered and used to benchmark salaries. Positions will be classified into salary grades based
on both externally-gathered data and internal factors. Recommendations will be made that may
include salary modifications for certain positions or families identified, as appropriate. The
Town's last comprehensive compensation and classification study was performed in fiscal year
2005-06.
Request for Proposals
Request for Proposal HR2008-0017 (RFP) was issued on October 15, 2007 with a closing date of
November 9, 2007. The solicitation was advertised in the Arizona Republic, The Daily
Territorial and the Town's website. In addition, solicitations were mailed to eight firms, and as a
result of advertising, the Town received nine requests for solicitations - all of whom were
forwarded a copy of the solicitation.
On October 19, 2007, Amendment I was issued to all who received a copy of the solicitation.
The Amendment was issued to answer questions and clarifications. On November 9, 2007, at
3:00 PM, proposals were opened in the Clerk's office. Two proposals were received.
1. Milliman Consultants and Actuaries
2. Public Sector Personnel Consultants
Evaluation
Compensation and Classification Study 11/1310 7 12:45 EM
During the week of November 13 - 16, proposals were evaluated by a team of professionals
from Finance, Community Development, Human Resources and the Town Manager's Office.
The areas evaluated were:
1. The firm's qualifications and experience;
2. Summary of their approach to achieve the Town's Scope-of-work;
3. Pricing;
4. References; and
5. Financial statements.
On November 16, the Team met to discuss their independent evaluations and rate each proposal.
The scores were: 5 -, with receiving the highest score.
BUDGETIMPACT
The study will be performed for $ Funding for the study is identified within Human
Resources professional services budget.
ATTACHMENTS
Professional Services Agreement.
RECOMMENDATION
Staff recommends approval and authorization to proceed with
SUGGESTED MOTION
I move to approve Resolution No. 2007-200.
-2-
MARANA RESOLUTION NO. 2007-200
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING A CONTRACT
WITH TO PROVIDE A TOWN-WIDE COMPENSATION AND
CLASSIFICATION STUDY.
WHEREAS, the Mayor and Council find that the terms and conditions of the
contract with are in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that the contract between the Town of Marana and
attached to and incorporated by this reference in this resolution as
Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute the
contract for and on behalf of the Town of Marana.
BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby
further directed and authorized to undertake all other and further tasks required or
beneficial to carry out the terms, obligations, and objectives of the aforementioned
contract.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 20ffi day of November, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDA ITEM: J. 1
TO: MAYOR AND COUNCIL
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Resolution No. 2007-201: Relating to Mayor and Council;
authorizing alternative dates for January 2008 Council meetings
DISCUSSION
Pursuant to Chapter 2, Mayor and Council, section 2-4- 1, the Council may change the date of a
meeting which falls on a holiday or election day, or convene a regular or special meeting as
necessary. As the first meeting in January 2008 falls on New Year's Day, Council may elect to
cancel the January 1, 2008 meeting, or to reschedule it to the following day.
Staff has prepared two resolutions for possible adoption, one to eliminate the January 1, 2008
meeting and one to reschedule both January meetings to better accommodate the holiday
schedule of citizens staff preparation of the agendas.
RECOMMENDATION
Mayor and Council's pleasure.
SUGGESTED MOTION
I move to approve Resolution No. 2007-201, changing the date(s) of the January 2008 Council
meetings to
MARANA RESOLUTION NO. 2007-201
RELATING TO MAYOR AND COUNCIL; AUTHORIZING ALTERNATIVE DATES
FOR JANUARY 2008 COUNCIL MEETINGS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, as follows:
SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to
Council Procedure, permits, with adequate notice to the public, changing the date of a regular
meeting.
SECTION 2. The date of the first regular Council meeting in January 2008 falls on the
first. The next regularly scheduled meeting is January 15.
SECTION 3. It is in the best interests of the citizens of Marana to cancel the first meeting
in January 2008, and hold one regular meeting on January 15.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of November, 2007.
ATTEST:
Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
JCB/1 1/14/2007/12:22:47 PM
MARANA RESOLUTION NO. 2007-201
RELATING TO MAYOR AND COUNCIL; AUTHORIZING ALTERNATIVE DATES
FOR JANUARY 2008 COUNCIL MEETINGS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, as follows:
SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to
Council Procedure, permits, with adequate notice to the public, changing the date of a regular
meeting.
SECTION 2. The date of the first regular Council meeting in January 2008 falls on the
first. There are five Tuesdays in January. To allow citizens and their families and staff the
opportunity to celebrate the holiday more fully and adequately prepare for the meetings, the
regular Council meetings can be held on the second and fourth Tuesday, January 8 and January
22,2008.
SECTION 3. It is in the best interests of the citizens of Marana to hold the regular
meetings in January on January 8 and January 22, 2008.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 201h day of November, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
JCB/1 1/14/2007/12:27:49 PM
N
TOWN COUNCIL
7
MEETING TowN OF MARANA 11 7
INFORMATION 0
MEETING DATE: November 20, 2007 AGENDA ITEM: J. 2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Trico-Marana Revised Annexation:
Relating to Annexation; consideration of the Town of Maranals
desire to annex approximately 526 acres within a portion of
Sections 14 and 23, Township 11 South, Range 10 East.
DISCUSSION
The Town of Marana has initiated an annexation of approximately 526 acres of land which
extends to Trico Road to the west, approximately 1/4of a mile south of Hardin Road to the north,
approximately 1/4of a mile north of Trico-Marana Road to the south and to the existing Town of
Marana boundary to the east.
Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is
mandated by State Statutes to be held within thirty days following such filing. All owners of real
and personal property within the annexation area have been notified of this hearing, and have
been given the opportunity to address the Mayor and Council with their concurrence or
objections to this annexation.
This property lies within a portion of Sections 14 and 23, Township I I South, Range 10 East, of
the Gila and Salt River Base and Meridian, Pima County, Arizona.
ATTACHMENTS
Legal description and official map of the proposed annexation have been included.
RECOMMENDATION
No action is required - Public Hearing.
SUGGESTED MOTION
No action required.
112007 Trico-Marana Revised Annexaton Mdoc
EXHIBIT A
Proposed Annexation:
The Southeast Quarter of the Southeast Quarter of Section 14, Township 11 South,
Range 10 East, Gila and Salt River Base Meridian, Pima County, Arizona; and,
The North Half and the North Half of the South Half of Section 23, Township I I South,
Range 10 East, Gila and Salt River Base Meridian, Pima County, Arizona.
INCLUDING the adjacent rigbt-of-way of Trico Road.
(00006742.DOC /)
I Exhibit B I
C-] Proposed Annexation Area
Marana Town Limits
w*L 0 700 1,400
Feet
S
N
TOWN COUNCIL
TOWN OF MARANA I J-:M ?A
0'
MEETING 1? 7
0
INFORMATION
4REZOS8,
MEETING DATE: November 20, 2007 AGENDA ITEM: J. 3
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING: Ordinance No. 2007.26: Relating to
Development; approving and authorizing a rezoning and a minor
General Plan amendment for La Vista Bonita.
History
A public hearing for the La Vista Bonita rezoning was heard by the Town Council at its meeting
held on October 2, 2007. Prior to the meeting, the applicant submitted a request for continuance
of the public hearing to the November 20, 2007 Town Council meeting in order to allow
additional time to work with the surrounding property owners.
On October 19, 2007, the Planning Department received a letter from the applicant requesting to
withdraw the application for rezoning. A copy of letter has been attached.
ATTACHMENTS
Location Map; Letter of request to withdraw rezoning application signed by applicant.
RECOMMENDATION
Staff recommends acceptance of the applicant's request to withdraw the rezoning application for
La Vista Bonita.
SUGGESTED MOTION
I move to accept the applicant's request to withdraw the rezoning application for La Vista
Bonita.
112007 PCZ-0613 8 La Vista Bonita Rezoning TC.doc
October 19, 2007
Mr. Brian Varney
Planner
Town of Marana
RE: Withdrawal -- Case Number: PCZ - 06138
(La Vista Bonita Custom Home Subdivision)
Dear Mr. Varney,
I am writing to withdraw our application (PCZ - 06138 for the rezoning of the
proposed La Vista Bonita Subdivision site on Moore Roacl.
On behalf of the owners, the project engineer and all us here at Tierra, I want to
thank you and the other staff in Marana. for your assistance and courtesies as we
worked together on this project. i
If you need anything else from us to accomplish this withdrawal please contact me at
your convenience.
Mike Steele
Manager
Tierra Planning Services
Tierra Planning Services is a Division of Tierra, a land services company, 1575 E. River Road,
Suite 201, Tucson, Arizona, 85718 Phone: 520-319-2106 Fax: 520-323-3326
La Vista Bonita
Rezoning I
I Case No. PCZ-06138
%
Butterfly M?tatn Lot? 1-28
Subject Property
?T
500 0 500 1000 Feet
Rezonin
L.-, request for a change in zoning from R-144 (minimum lot
size of 144,000 square feet) to R-36 (minimum lot size of
36,000 square feet) for a 15 lot single-family subdivision
on approximately 25.43 acres.
N
TOWN COUNCIL
Zo?-_
MEETING TowN OF MARANA
INFORMATION
MEETING DATE: November 20, 2007 AGENDAITEM: J. 4. a
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-202: Relating to Real Property; approving
and authorizing the Mayor to execute an intergovernmental
agreement with Pima County for license of County rights-of-way,
upon County approval and execution of a reciprocal intergovern-
mental agreement for license of Town of Marana rights-of-way;
and declaring an emergency.
DISCUSSION
For several months, Pima County has been circulating draft license agreements to various entities
that use County rights-of-way, demanding that the entities accept Pima County's mandated terms
for use of Pima County right-of-way. Some of the entities, including Flowing Wells Irrigation
District, have refused to execute the Pima County form of license agreement because it contains
terms that are substantially one-sided in favor of Pima County. Although Town of Marana staff
believes that the license agreement is in fact unreasonably one-sided in favor of Pima County,
the relatively small extent to which the Town of Marana has water utilities within Pima County
rights-of-way will make it less likely that the one-sided terms will have a substantial impact on
the Town.
Town staff recommends that the Council approve and authorize the Mayor to execute Pima
County's proposed intergovernmental agreement for license of County rights-of-way, contingent
upon Pima County approving and executing an exactly reciprocal agreement for Pima County
use of Town of Marana rights-of-way (also presented for Council approval on tonight's agenda).
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-202, approving and authorizing the Mayor to
execute Pima County's proposed intergovernmental agreement described above.
FINANCIAL IMPACT
Execution of this intergovernmental agreement will create a contingent liability for all costs to
relocate the Town's water lines within Pima County rights-of-way whenever a County project
makes the water line relocation necessary.
ATTACHMENT(S)
Intergovernmental agreement
SUGGESTED MOTION
I move to adopt Resolution No. 2007-202.
[00006929.DOCI) FJClcds 1116107
MARANA RESOLUTION NO. 2007-202
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
LICENSE OF COUNTY RIGHTS-OF-WAY, UPON COUNTY APPROVAL AND
EXECUTION OF A RECIPROCAL INTERGOVERNMENTAL AGREEMENT FOR
LICENSE OF TOWN OF MARANA RIGHTS-OF-WAY; AND DECLARING AN
EMERGENCY.
WHEREAS Pima County has demanded that the Town of Marana accept its mandated
terms for use of Pima County rights-of-way; and
WHEREAS the Town Council finds that it is beneficial for the Town to execute Pima
County's proposed intergovernmental agreement for license of County rights-of-way if Pima
County approves and executes an exactly reciprocal agreement for Pima County use of Town of
Marana rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the
Town of Marana after having confirmed that Pima County has approved and executed the
reciprocal agreement as authorized by Resolution No. 2007-202.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned intergovernmental agreement.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
{00006905.DOC /) FJClcds 11107107
declared to exist, and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 201h day of November, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00006905.DOC
-2-
INTERGOVERNMENTAL AGREEMENT
BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR
PIMA COUNTY PUBLIC RIGHTS-O&WAY
THIS INTERGOVERNMENTAL AGREEMENT is entered into pursuant to Arizona Revised
Statutes ("A.R. S.") Title 11, Chapter 7, Article 3, by and between the Town of Marana (the "Town"), a
municipal corporation of the State of Arizona, and Pima County (the "County"), a body politic and
corporate and a political subdivision of the State of Arizona.
WHEREAS, the County owns the public rights of way within unincorporated Pima County, and
has the statutory authority to regulate and manage said rights of way by virtue of A.R. S. section 11 -25 1;
and
WHEREAS, the Town owns, operates, and maintains water-utility facilities, including
waterworks such as wells, conduits, and pipelines, together with the necessary or usual appurtenances for
the delivery of water through the Town in, under, over, or through County streets, as authorized by A.R. S.
section 9-240(B); and
WHEREAS, the County and the Town have the right to enter into agreements and contracts with
other public agencies to further their common interests pursuant to A.R. S. section 11 -952;
NOW, THEREFORE, the Town and the County agree as follows:
Section 1. Grant of Permission. The Town hereby is authorized and empowered, on a non-exclusive
basis, to use all public County rights of way now existing or hereafter established and lying within the
unincorporated areas of Pima County, under the terms and conditions set forth herein, for the purpose of
installing, repairing, replacing, and maintaining its facilities.
Section 2. Term. This Agreement shall be effective for a term of fifteen (15) years from the Effective
Date as defined in Section 25, below, and extinguishes, supersedes, and replaces all previous or existing
franchises or licenses granted to the Town by the County.
Section 3. Reimlation of County Rh!hts of Way. All rights hereunder are granted under the express
condition that the County shall have the power at any time to impose such restrictions and limitations
upon, and to make such regulations as to, the Town's use of the County's rights of way as the County may
be authorized by law to impose, including but not limited to the power to impose such restrictions,
limitations, and regulations as the County is authorized to impose upon licensees or franchisees pursuant
to state law.
100006930.DOC /}
Intergovernmental Agreement between Page 1 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
Section 4. Superior Rights. The rights of the County in and to the use of all public rights of way
located within the unincorporated areas of Pima County are and forever shall be paramount and superior
to the rights of the Town, subject only to this Agreement.
Section 5. Alteration of Public Ri2hts of Way. Nothing in this Agreement shall be construed so as to
prevent the County from altering, improving, adjusting, repairing, or maintaining its facilities and public
rights of way, and for that purpose to require the Town to adjust, remove, replace, or relocate the Town's
facilities. Facilities of the Town shall mean any physical object or improvement owned, possessed, made,
installed, constructed, or maintained by the Town, or made, installed, or constructed by the County or
others at the request of the Town. Facilities of the County shall mean any physical object or improvement
owned, possessed, made, installed, maintained, or constructed by the County or others at the request of
the County, including all paving, highway, transportation, flood-control, and wastewater facilities located
within County rights of way.
Section 6. Non-Exclusive Use. Nothing in this agreement shall be construed to grant the Town an
exclusive right to use the public rights of way. The Town's facilities shall be erected, adjusted, installed,
replaced, removed, relocated, and maintained in a manner that will not interfere with the reasonable use
of the public rights of way by the public, the County, or any other franchisee or licensee. The location of
the Town's facilities in the public rights of way shall not create or establish a vested interest in the rights
of way, and its facilities shall be removed or relocated by the Town whenever the County determines that
the Town's facilities impact, restrict, obstruct, or hinder the County or the public's existing or future use of
the rights of way or the County's operation or location of County facilities.
Section 7. Relocation. The Town shall be solely responsible for the design, adjustment, removal, or
relocation, temporarily or permanently, of all Town facilities that impact, conflict with, or interfere with
the County's use of its rights of way or the County's improvement, relocation, or adjustment of any
facilities located in County rights of way. The cost of designing, adjusting, removing, relocating or
replacing the Town's facilities shall be the Town's sole responsibility, unless the Town has established
prior rights with the County for the facilities to be affected. Prior to beginning any activity in a County
right of way, the Town shall obtain all required permits from the County and any other applicable
jurisdiction for the activity. The Town's facilities shall be adjusted, removed, replaced, or relocated by
the Town in accordance with an activity schedule determined by the County and provided to the Town
within a reasonable period of time prior to the scheduled activity start date. If the schedule is
unacceptable to the Town or the Town finds it necessary to plead financial hardship regarding the cost of
relocating its facilities, the Town may appeal to the Board of Supervisors. If the Town's facilities are not
adjusted, removed, replaced, or relocated within the time period allotted by the County's activity
schedule, the County may, at its discretion, adjust or relocate the Town's facilities. The Town hereby
agrees to be liable for all costs incurred by the County for the adjustment or relocation of the Town's
facilities necessitated by the County's activities, including overhead and maintenance costs and an
administrative surcharge in the amount of fifteen (15) percent of the total cost attributed to the adjustment
or relocation of the Town's facilities. In the event that the County incurs such costs, the County shall
submit a bill to the Town for the incurred costs, and the Town shall pay the County the invoiced amount
within ninety (90) calendar days of receipt of the invoice. If the invoice is not paid by the Town in a
timely manner, all rights granted to the Town under this agreement shall be suspended and no permits will
be issued to the Town for any work within County rights of way until the invoiced costs are paid in full to
the County. The Town may contest the propriety of such invoices by filing a written appeal with the
Board of Supervisors, whose decision with respect thereto shall be final.
Section 8. Underuounding, The parties acknowledge that the County has the authority to require the
Town to underground its above-ground facilities in County rights of way when the County determines
{00006930.DOC /}
Intergovernmental Agreement between Page 2 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
that such undergrounding is necessary to conform to existing County Ordinances or is in the public
interest. The County may require the Town to conduct a study of the cost of undergrounding any portion
or segment of the Town's facilities located in County rights of way. Any such study shall set forth an
estimate of the costs of undergrounding the Town's facilities, including a breakdown of the cost allocated
to labor, materials, design, and construction for converting above-ground facilities to underground
facilities. The Town shall submit a cost study of any specified segment of the Town's facilities within
ninety (90) calendar days after receiving written notice from the County requesting the cost study. The
cost of preparing and providing any cost study requested by the County shall be borne by the Town.
Section 9. Scenic Routes. The installation of the Town's facilities within any public rights of way
designated by the Board of Supervisors as a scenic route must be constructed in accordance with the
County's Scenic Routes Ordinance.
Section 10. Performance of Work. The work required by the Town to design, construct, reconstruct,
pothole for, design, adjust, relocate, replace, or repair the Town's facilities shall be the Town's sole
responsibility. The cost of any delays to County projects caused by the Town's failure to complete its
work in accordance with the County's activity schedule shall be the Town's sole responsibility, provided
that the County shall have provided the Town with reasonable advance notice of the need to take such
action and a reasonable amount of time allowed to perform the necessary activities. In the event the
County incurs such costs, the County shall submit a bill to the Town for the incurred costs, and the Town
shall pay the County the invoiced amount within ninety (90) calendar days of receipt of the invoice. If the
invoice is not paid by the Town in a timely manner, all rights granted to the Town under this Agreement
shall be suspended, and no permits will be issued to the Town for any work within County rights of way
until the invoiced costs are paid in full to the County. The Town may contest the propriety of such costs
by filing a written appeal with the Board of Supervisors, whose decision with respect thereto shall be
final.
Section 11. Location of Facilities. As a condition of this Agreement, the Town hereby agrees to have
and maintain precise, up-to-date maps of the Town's facilities located in County rights of way, and to
make this information available to the County within fifteen (15) calendar days of receiving a written
request from the County. Beginning on the effective date of this Agreement, the Town shall maintain
precise and verifiable horizontal and vertical location information tied to an accepted County datum and
provide such information to the County within fifteen (15) calendar days of receiving written notice from
the County. As a condition of the issuance of this Agreement, the Town agrees to provide surface
location marking of the Town's undergrounded facilities located within the public rights of way within
two working days of a request from the County. In the event the Town is unable to provide the location
information to the County within the allotted time frame, the County may, at its discretion, locate the
Town's facilities and the Town shall be liable for the County's costs incurred in locating the Town's
facilities.
Section 12. Work in Rights-of-Way.
12.1 Damage to other facilities. In the construction, adjustment, removal, relocation, repair,
operation, and maintenance of its facilities, the Town shall avoid causing or permitting any damage,
disturbance, or unnecessary modification or alteration to County facilities including pavement, or to the
facilities of others located in County rights of way. If the Town causes or permits any such damage,
disturbance, or unnecessary alteration or modification, the Town, at its sole expense and in a manner
approved by the County Engineer, shall restore the damaged, disturbed, altered, or modified facilities to
the condition in which they existed before being damaged, disturbed, modified, or altered. The Town also
shall be liable to owners of said facilities for any other losses or expenses that may accrue because of said
{00006930.DOC /}
Intergovernmental Agreement between Page 3 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
damage, disturbance, modification, or alteration. The restoration of facilities shall be initiated promptly
and completed expeditiously by the Town, who shall give priority to the restoration, repair, or
replacement of such facilities over all non-emergency activities of the Town.
12.2 Damage to vegetation. In the construction, adjustment, removal, relocation, repair,
operation, and maintenance of its facilities, the Town shall use all necessary care to avoid any damage to
or disturbance of existing vegetation in the public rights of way. If the Town causes or permits any such
damage or disturbance, the Town shall re-vegetate the rights of way at its sole expense and in accordance
with all County regulations then in effect.
12.3 Adjacent properties. The Town shall provide prior written notice to the owners or residents
of adjoining properties of any activity of the Town which may temporarily interfere with access to or use
of said adjoining property. The Town shall maintain access to adjoining properties during all construction
activities or other operations, unless the requirement of access is waived in writing by the owners and
residents of the affected properties. If an emergency requires activity without written notice, the Town
shall use its best efforts to provide timely actual notice to the owners and residents of adjoining
properties.
Section 13. Desi2n and Location of Facilities.
13.1 Injury to persons andproperty. The Town shall use reasonable care at all times to avoid
damage or injury to persons and property during the construction, adjustment, removal, relocation, repair,
operation, and maintenance of the Town's facilities.
13.2 Location and construction of facilities. The location and construction of the Town's
facilities in public rights of way shall conform to County standards and guidelines then in effect and as
may be directed by the County, in order not to interfere with a planned future use of the public rights of
way by the County.
13.3 Inter manner
fierence with other uses. The Town's facilities shall be located in a designed to
cause the least amount of interference with the public's existing or future use of roads, streets, alleys, and
other public rights of way, and in such a way as will minimize interference with the rights and
convenience of adjacent property owners.
13.4 Relocation offacilities. The County may require the Town, at the Town's sole expense, to
remove, relocate, mitigate, or underground any of the Town's facilities that present a potential hazard to
the public, that interfere with the public's use of the public rights of way, or that are determined by the
County to be aesthetically undesirable.
13.5 Neighboring property owners. The Town shall be responsible for notifying owners or
residents of adjoining properties in writing about permanent or temporary above- or below-ground
facilities to be constructed in County rights of way. The Town shall make every reasonable effort to
resolve the concerns of property owners and residents regarding the construction of the Town's facilities.
Should the County determine that the Town failed reasonably to evaluate all options available to alleviate
residents' concerns, the County may require the Town to relocate its facilities at the Town's sole expense.
13.6 Excavation costs. The Town shall be responsible for any costs that the County incurs in
locating, excavating, or exposing any underground Town facilities on County construction projects within
County rights of way.
f 00006930.130C /)
Intergovernmental Agreement between Page 4 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
Section 14. Construction Safety. Any opening or obstruction in the public rights of way caused by the
Town during the course of the Town's activities in the rights of way shall be guarded and protected at all
times by safety barriers erected by the Town, which safety barriers shall be designated clearly by warning
lights during periods of dusk and darkness. Any work performed by the Town in or adjacent to a public
roadway open for travel shall be signed and marked properly by the Town with warning and directional
devices in accordance with all applicable state and local traffic regulations, and in accordance with the
Arizona Department of Transportation's Traffic Control Manual for Highway Construction and
Maintenance.
Section 15. Drainage. During construction or excavation in the public rights of way, the Town shall
provide proper drainage so that the public rights of way will be free from standing surface water and
adequately drained so as not to cause flood or erosion damage to the facilities of the County or
surrounding property. For projects with a material impact upon local drainage patterns, the Town may be
required by the County to submit drainage-engineering data and design plans to the County for review
and approval prior to the issuance of any Right-of-Way Use Permit by the County.
Section 16. Issuance of Permit not County ApDroval of Violation. The County's review, approval, or
acceptance of plans or specifications or issuance of a permit for the installation, construction, or location
of a facility by the Town shall not be construed to be an authorization for or approval of a violation of any
federal, state, or local law or regulation, or of any industry standard, pertaining to the location or
construction of a utility facility in public rights of way.
Section 17. County Inspection., The County, if it deems necessary, has the right to inspect any work by
the Town in the public rights of way to ensure proper performance of the terms of this Agreement and
conformance with any applicable federal, state, or local laws, ordinances, and regulations. The County
may require the Town to pay a reasonable and uniform fee to cover the actual costs of inspections
performed by the County or its contractor under this provision. The County may, at its discretion, pothole
the Town's facilities to verify conformance with Section 11, above. The Town shall be liable for the cost
of potholing, and for an administrative surcharge in the amount of fifteen (15) percent of the total cost of
potholing, should the TowWs facilities be found to be out of conformance. The Town shall be responsible
for taking corrective action to bring as-builts into conformance with verified facilities.
Section 18. Abandonment of Facilities. Abandonment in place of any of the Town's facilities located
within County rights of way may occur only upon written approval from the County.
Section 19. Liability and Indemnity, The Town acknowledges its sole responsibility for any of its
facilities and/or equipment installed in the public rights of way, and for any liability arising from any
activities the Town performs within the public rights of way. The Town agrees to indemnify, hold
harmless, and defend the County and its officials, agents, servants, and employees against any and all
claims for injuries to persons or damage to property, whether intentional, negligent, or otherwise, arising
out of the Town's work in the public rights of way, or due to the existence of the Town's facilities and/or
equipment in the public rights-of-way, or in any way related to the Town's exercise of its rights under this
Agreement. Neither the issuance of a County permit for installation or location of a facility or equipment,
nor County approval of such installation or location, nor the failure of the County to direct the Town to
take any precautions, to make any changes, or to refrain from doing anything shall excuse the Town of its
responsibilities hereunder to the County or others in the case of any injury to persons or damage to
property.
If the County is sued in any court by any person, firm, association, or corporation to recover damages for
injuries to person or property on account of the installation, repair, operation, and/or maintenance of the
100006930.DOC /)
Intergovernmental Agreement between Page 5 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
Town's facilities or equipment, the Town shall defend all such suits and pay any resulting judgments, and
shall, at the option of the County, be made a party to any such court proceeding.
Section 20. County Participation in Le2al Actions. The County shall have.the right at all times to take
part in any suit or action instituted by or against the Town in which any judgment or decree can be
rendered, which might result in the foreclosure of any lien on any Town property situated within public
rights of way, or which could affect the rights, powers, or duties of the Town to do or not to do anything
that this Agreement might require the Town to do or not to do, and also to take such steps as the County
may deem appropriate to protect the interests of County or the public. The County shall have the right to
intervene in any suit, action, or proceeding by any person or persons, firm, or corporation seeking to
enjoin, restrain, or in any manner interfere with the Town in the performance or observance by it of any
of the terms or conditions of this Agreement, or of any regulation, notice, or direction of the County in
such connection, or which involves or might involve the constitutionality, validity, or enforcement of this
Agreement. The County also may move for dissolution of any such injunction or restraining order or take
any other appropriate step, in any such suit, action, or proceeding that it may deem necessary or advisable
in order to protect its interests.
Section 21. Compliance with Agreement Conditions and Ordinances. The Town agrees to conform
to, abide by, and perform all the conditions, provisions, requirements, and limitations in this Agreement.
The Town shall be sub ect to all County ordinances now in force or hereafter lawfully adopted, including
all ordinances relating to the use of public rights of way by utilities. The Town agrees that it will not
assert any claim against the County that the provisions of this Agreement or any applicable County
ordinance or regulation in force at the time of execution of this Agreement are unreasonable, arbitrary, or
void.
Section 22. Non-Exclusive License. This License and the privileges granted herein shall not be
exclusive. The Board of Supervisors expressly reserves the right to grant, at any time, similar franchises,
licenses, and privileges over the same highways, roads, streets, alleys, and thoroughfares, or any thereof,
to any other person, finn, or corporation.
Section 23. Assignment. The Town hereby agrees that neither this Agreement nor any of the Town's
facilities in County rights of way shall be sold, assigned, or transferred without the prior written approval
of the Pima County Board of Supervisors. The decision to approve or deny the sale, assignment, or
transfer of this Agreement shall be within the sole discretion of the Board of Supervisors, and the Board
may deny the Town's request to sell, assign, or transfer the Agreement if such denial is in the best
interests of the County.
Section 24. Contact Information. All notices or correspondence concerning this Agreement shall be
provided in writing to:
If to County:
Pima County Real Property Services
201 North Stone, 6th Floor
Tucson, Arizona 85701
(520) 740-6313
If to Town:
Brad DeSpain, Utilities Director
Town of Marana Municipal Water Department
11555 W. Civic Center Drive
Tucson, AZ 85653
(520) 382-2570
Any change in any of the foregoing contact information for either party shall be made in writing to the
other party.
(00006930.130C /)
Intergovernmental Agreement between Page 6 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
Section 25. Effective Date. This Agreement shall be effective upon the filing of the original hereof with
the Office of the Pima County Recorder. This Agreement shall expire on the fifteenth anniversary
thereof, unless sooner terminated by either party hereto.
Section 26. Termination. This Agreement may be terminated by either the County or the Town upon
180 days'written notice.
Section 27. Compliance with Laws. The parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated within this
Agreement.
Section 28. A.R.S. § 38-511. This Agreement is subject to the provisions of A.R. S. §38-511.
IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chair of its
Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the
Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council
and attested to by its Clerk.
Town of Marana, Arizona Pima County, Arizona
Town Council Board of Supervisors
Ed Honea, Mayor
Date:
Richard Elias, Chair
Date:
Attest:
Jocelyn Bronson, CMC, Town Clerk
Date:
Attest:
Lori Godoshian, Clerk of the Board
Date:
The forgoing Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to those parties to
the Intergovernmental Agreement represented by the undersigned.
Town of Marana: Pima County:
Town Attorney
{00006930.130C /}
Intergovernmental Agreement between Page 7 of 7
Town of Marana Municipal Water Department
and Pima County (Marana use of PC ROW)
Deputy County Attorney
N
TOWN COUNCIL
7
MEETING TowN OF MARANA 9 M 7
INFORMATION
MEETING DATE: November 20, 2007 AGENDA ITEM: J. 4. b
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-203: Relating to Real Property; approving
and authorizing the Mayor to execute an intergovernmental agree-
ment with Pima County for license of Town of Marana rights-of-
way; and declaring an emergency.
DISCUSSION
This item is related to Agenda Item No. 1. 2 on tonight's agenda. This item would approve and
authorize the Mayor to execute an intergovernmental agreement with Pima County which allows
Pima County to use Town rights-of-way upon terms exactly reciprocal to the terms of the license
agreement which allows the Town of Marana to use Pima County rights-of-way.
Town staff anticipates that the Mayor will execute both of the original intergovernmental agree-
ments after confirming that Pima County has approved and executed this intergovernmental
agreement for Pima County use of Town of Marana rights-of-way.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-203, approving and authorizing the Mayor to
execute Town of Marana proposed intergovernmental agreement described above.
FINANCIAL IMPACT
This item will require Pima County to pay for any relocation costs for Pima County wastewater
facilities located within Town of Marana rights-of-way whenever the relocation is necessary as a
result of a Town project.
ATTACHMENT(S)
Intergovernmental agreement
SUGGESTED MOTION
I move to adopt Resolution No. 2007-203.
(00006927.DOCI? FJClcds 1116107
MARANA RESOLUTION NO. 2007-203
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
LICENSE OF TOWN OF MARANA RIGHTS-OF-WAY; AND DECLARING AN
EMERGENCY.
WHEREAS Pima County has demanded that the Town of Marana accept its mandated
terms for use of Pima County rights-of-way; and
WHEREAS the Town Council finds that it is beneficial for the Town to execute Pima
County's proposed intergovernmental agreement for license of County rights-of-way if Pima
County approves and executes the exactly reciprocal agreement for Pima County use of Town of
Marana rights-of-way which is authorized by this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the
Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned intergovernmental agreement.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
declared to exist, and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of November, 2007.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
(00006928.DOC /) FJClcds 1117107
INTERGOVERNMENTAL AGREEMENT
BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR
TOWN OF MARANA PUBLIC RIGHTS-O&WAY
THIS INTERGOVERNMENTAL AGREEMENT is entered into pursuant to Arizona Revised
Statutes ("A.R.S.") Title 11, Chapter 7, Article 3, by and between the Town of Marana (the "Town"), a
municipal corporation of the State of Arizona, and Pima County (the "County"), a body politic and
corporate and a political subdivision of the State of Arizona.
WHEREAS, the Town owns the public rights of way within the town limits of the Town of
Marana, and has the statutory authority to regulate and manage said rights of way by virtue of A.R.S.
section 9-240; and
WHEREAS, the County owns, operates, and maintains wastewater facilities, including
waterworks such as conduits and pipelines, together with the necessary or usual appurtenances for the
conveyance of sewage under, over, or through Town streets, as authorized by A.R. S. section 11 -264; and
WHEREAS, the County and the Town have the right to enter into agreements and contracts with
other public agencies to further their common interests pursuant to A.R. S. section 11 -952;
NOW, THEREFORE, the Town and the County agree as follows:
Section 1. Grant of Permission. The County hereby is authorized and empowered, on a non-exclusive
basis, to use all public Town rights of way now existing or hereafter established and lying within the town
limits of the Town of Marana, under the terms and conditions set forth herein, for the purpose of
installing, repairing, replacing, and maintaining its facilities.
Section 2. Term. This Agreement shall be effective for a term of fifteen (15) years from the Effective
Date as defined in Section 25, below, and extinguishes, supersedes, and replaces all previous or existing
franchises or licenses granted to the County by the Town.
Section 3. Reeulation of Town Rij!hts of Way. All rights hereunder are granted under the express
condition that the Town shall have the power at any time to impose such restrictions and limitations upon,
and to make such regulations as to, the County's use of the Town's rights of way as the Town may be
authorized by law to impose, including but not limited to the power to impose such restrictions,
limitations, and regulations as the Town is authorized to impose upon licensees or franchisees pursuant to
state law.
(0000693 LDOC /)
Intergovernmental Agreement between Page 1 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
Section 4. Superior Rights. The rights of the Town in and to the use of all public rights of way located
within the town limits of the Town of Marana are and forever shall be paramount and superior to the
rights of the County, subject only to this Agreement.
Section 5. Alteration of Public Rii!hts of Way. Nothing in this Agreement shall be construed so as to
prevent the Town from altering, improving, adjusting, repairing, or maintaining its facilities and public
rights of way, and for that purpose to require the County to adjust, remove, replace, or relocate the
County's facilities. Facilities of the County shall mean any physical object or improvement owned,
possessed, made, installed, constructed, or maintained by the County, or made, installed, or constructed
by the Town or others at the request of the County. Facilities of the Town shall mean any physical object
or improvement owned, possessed, made, installed, maintained, or constructed by the Town or others at
the request of the Town, including all paving, highway, transportation, flood control, wastewater and
water facilities located within Town rights of way.
Section 6. Non-Exclusive Use. Nothing in this agreement shall be construed to grant the County an
exclusive right to use the public rights of way. The County's facilities shall be erected, adjusted, installed,
replaced, removed, relocated, and maintained in a manner that will not interfere with the reasonable use
of the public rights of way by the public, the Town, or any other franchisee or licensee. The location of
the County's facilities in the public rights of way shall not create or establish a vested interest in the rights
of way, and its facilities shall be removed or relocated by the County whenever the Town determines that
the County's facilities impact, restrict, obstruct, or hinder the Town or the public's existing or future use of
the rights of way or the Town's operation or location of Town facilities.
Section 7. Relocation. The County shall be solely responsible for the design, adjustment, removal, or
relocation, temporarily or permanently, of all County facilities that impact, conflict with, or interfere with
the Town's use of its rights of way or the Town's improvement, relocation, or adjustment of any facilities
located in Town rights of way. The cost of designing, adjusting, removing, relocating or replacing the
County's facilities shall be the County's sole responsibility, unless the County has established prior rights
with the Town for the facilities to be affected. Prior to beginning any activity in a Town right of way, the
County shall obtain all required permits from the Town and any other applicable jurisdiction for the
activity. The County's facilities shall be adjusted, removed, replaced, or relocated by the County in
accordance with an activity schedule determined by the Town and provided to the County within a
reasonable period of time prior to the scheduled activity start date. If the schedule is unacceptable to the
County or the County finds it necessary to plead financial hardship regarding the cost of relocating its
facilities, the County may appeal to the Marana Town Council. If the County's facilities are not adjusted,
removed, replaced, or relocated within the time period allotted by the Town's activity schedule, the Town
may, at its discretion, adjust or relocate the County's facilities. The County hereby agrees to be liable for
all costs incurred by the Town for the adjustment or relocation of the County's facilities necessitated by
the Town's activities, including overhead and maintenance costs and an administrative surcharge in the
amount of fifteen (15) percent of the total cost attributed to the adjustment or relocation of the County's
facilities. In the event that the Town incurs such costs, the Town shall submit a bill to the County for the
incurred costs, and the County shall pay the Town the invoiced amount within ninety (90) calendar days
of receipt of the invoice. If the invoice is not paid by the County in a timely manner, all rights granted to
the County under this agreement shall be suspended and no permits will be issued to the County for any
work within Town rights of way until the invoiced costs are paid in full to the Town. The County may
contest the propriety of such invoices by filing a written appeal with the Marana Town Council, whose
decision with respect thereto shall be final.
Section 8. Undermunding. The parties acknowledge that the Town has the authority to require the
County to underground its above-ground facilities in Town rights of way when the Town determines that
{0000693 LDOC /)
Intergovernmental Agreement between Page 2 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
such undergrounding is necessary to conform to existing Town Ordinances or is in the public interest.
The Town may require the County to conduct a study of the cost of undergrounding any portion or
segment of the County's facilities located in Town rights of way. Any such study shall set forth an
estimate of the costs of undergrounding the County's facilities, including a breakdown of the cost
allocated to labor, materials, design, and construction for converting above-ground facilities to
underground facilities. The County shall submit a cost study of any specified segment of the County's
facilities within ninety (90) calendar days after receiving written notice from the Town requesting the cost
study. The cost of preparing and providing any cost study requested by the Town shall be borne by the
County.
Section 9. Scenic Routes. The installation of the County's facilities within any public rights of way
designated by the Marana Town Council as a scenic route must be constructed in accordance with the
Town's Scenic Routes Ordinance.
Section 10. Performance of Work. The work required by the County to design, construct, reconstruct,
pothole for, design, adjust, relocate, replace, or repair the County's facilities shall be the County's sole
responsibility. The cost of any delays to Town projects caused by the County's failure to complete its
work in accordance with the Town's activity schedule shall be the County's sole responsibility, provided
that the Town shall have provided the County with reasonable advance notice of the need to take such
action and a reasonable amount of time allowed to perform the necessary activities. In the event the Town
incurs such costs, the Town shall submit a bill to the County for the incurred costs, and the County shall
pay the Town the invoiced amount within ninety (90) calendar days of receipt of the invoice. If the
invoice is not paid by the County in a timely manner, all rights granted to the County under this
Agreement shall be suspended, and no permits will be issued to the County for any work within Town
rights of way until the invoiced costs are paid in full to the Town. The County may contest the propriety
of such costs by filing a written appeal with the Marana Town Council, whose decision with respect
thereto shall be final.
Section 11. Location of Facilities. As a condition of this Agreement, the County hereby agrees to have
and maintain precise, up-to-date maps of the County's facilities located in Town rights of way, and to
make this infortnation available to the Town within fifteen (15) calendar days of receiving a written
request from the Town. Beginning on the effective date of this Agreement, the County shall maintain
precise and verifiable horizontal and vertical location information tied to an accepted Town datum and
provide such information to the Town within fifteen (15) calendar days of receiving written notice from
the Town. As a condition of the issuance of this Agreement, the County agrees to provide surface
location marking of the County's undergrounded facilities located within the public rights of way within
two working days of a request from the Town. In the event the County is unable to provide the location
information to the Town within the allotted time frame, the Town may, at its discretion, locate the
County's facilities and the County shall be liable for the Town's costs incurred in locating the County's
facilities.
Section 12. Work in Ri2hts-of-Way.
12.1 Damage to other facilities. In the construction, adjustment, removal, relocation, repair,
operation, and maintenance of its facilities, the County shall avoid causing or permitting any damage,
disturbance, or unnecessary modification or alteration to Town facilities including pavement, or to the
facilities of others located in Town rights of way. If the County causes or permits any such damage,
disturbance, or unnecessary alteration or modification, the County, at its sole expense and in a manner
approved by the Town Engineer, shall restore the damaged, disturbed, altered, or modified facilities to the
condition in which they existed before being damaged, disturbed, modified, or altered. The County also
(0000693 LDOC /)
Intergovernmental Agreement between Page 3 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
shall be liable to owners of said facilities for any other losses or expenses that may accrue because of said
damage, disturbance, modification, or alteration. The restoration of facilities shall be initiated promptly
and completed expeditiously by the County, who shall give priority to the restoration, repair, or
replacement of such facilities over all non-emergency activities of the County.
12.2 Damage to vegetation. In the construction, adjustment, removal, relocation, repair,
operation, and maintenance of its facilities, the County shall use all necessary care to avoid any damage to
or disturbance of existing vegetation in the public rights of way. If the County causes or permits any such
damage or disturbance, the County shall re-vegetate the rights of way at its sole expense and in
accordance with all Town regulations then in effect.
12.3 Adjacent properties. The County shall provide prior written notice to the owners or
residents of adjoining properties of any activity of the County which may temporarily interfere with
access to or use of said adjoining property. The County shall maintain access to adjoining properties
during all construction activities or other operations, unless the requirement of access is waived in writing
by the owners and residents of the affected properties. If an emergency requires activity without written
notice, the County shall use its best efforts to provide timely actual notice to the owners and residents of
adjoining properties.
Section 13. Design and Location of Facitifies.
13.1 Injury to persons andproperty. The County shall use reasonable care at all times to avoid
damage or injury to persons and property during the construction, adjustment, removal, relocation, repair,
operation, and maintenance of the County's facilities.
13.2 Location and construction offacilities. The location and construction of the County's
facilities in public rights of way shall conform to Town standards and guidelines then in effect and as may
be directed by the Town, in order not to interfere with a planned future use of the public rights of way by
the Town.
13.3 Interference with other uses. The County's facilities shall be located in a manner designed
to cause the least amount of interference with the public's existing or future use of roads, streets, alleys,
and other public rights of way, and in such a way as will minimize interference with the rights and
convenience of adjacent property owners.
13.4 Relocation offacilities. The Town may require the County, at the County's sole expense, to
remove, relocate, mitigate, or underground any of the County's facilities that present a potential hazard to
the public, that interfere with the public's use of the public rights of way, or that are determined by the
Town to be aesthetically undesirable.
13.5 Neighboring property owners. The County shall be responsible for notifying owners or
residents of adjoining properties in writing about permanent or temporary above- or below-ground
facilities to be constructed in Town rights of way. The County shall make every reasonable effort to
resolve the concerns of property owners and residents regarding the construction of the County's facilities.
Should the Town determine that the County failed reasonably to evaluate all options available to alleviate
residents' concerns, the Town may require the County to relocate its facilities at the County's sole
expense.
{0000693 1. DOC /)
Intergovernmental Agreement between Page 4 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
13.6 Excavation costs. The County shall be responsible for any costs that the Town incurs in
locating, excavating, or exposing any underground County facilities on Town construction projects within
Town rights of way.
Section 14. Construction Safety. Any opening or obstruction in the public rights of way caused by the
County during the course of the County's activities in the rights of way shall be guarded and protected at
all times by safety barriers erected by the County, which safety barriers shall be designated clearly by
warning lights during periods of dusk and darkness. Any work performed by the County in or adjacent to
a public roadway open for travel shall be signed and marked properly by the County with warning and
directional devices in accordance with all applicable state and local traffic regulations, and in accordance
with the Arizona Department of Transportation's Traffic Control Manual for Highway Construction and
Maintenance.
Section 15. Drainage. During construction or excavation in the public rights of way, the County shall
provide proper drainage so that the public rights of way will be free from standing surface water and
adequately drained so as not to cause flood or erosion damage to the facilities of the Town or surrounding
property. For projects with a material impact upon local drainage patterns, the County may be required
by the Town to submit drainage-engineering data and design plans to the Town for review and approval
prior to the issuance of any Right-of-Way Use Permit by the Town.
Section 16. Issuance of Permit not Town Approval of Violation. The Town's review, approval, or
acceptance of plans or specifications or issuance of a permit for the installation, construction, or location
of a facility by the County shall not be construed to be an authorization for or approval of a violation of
any federal, state, or local law or regulation, or of any industry standard, pertaining to the location or
construction of a utility facility in public rights of way.
Section 17. Town Inspection. The Town, if it deems necessary, has the right to inspect any work by the
County in the public rights of way to ensure proper performance of the terms of this Agreement and
.conformance with any applicable federal, state, or local laws, ordinances, and regulations. The Town
may require the County to pay a reasonable and uniform fee to cover the actual costs of inspections
performed by the Town or its contractor under this provision. The Town may, at its discretion, pothole
the County's facilities to verify conformance with Section 11, above. The County shall be liable for the
cost of potholing, and for an administrative surcharge in the amount of fifteen (15) percent of the total
cost of potholing, should the County's facilities be found to be out of conformance. The County shall be
responsible for taking corrective action to bring as-builts into conformance with verified facilities.
Section 18. Abandonment of Facilities. Abandonment in place of any of the County's facilities located
within Town rights of way may occur only upon written approval from the Town.
Section 19. Liability and Indemnily. The County acknowledges its sole responsibility for any of its
facilities and/or equipment installed in the public rights of way, and for any liability arising from any
activities the County performs within the public rights of way. The County agrees to indemnify, hold
harmless, and defend the Town and its officials, agents, servants, and employees against any and all
claims for injuries to persons or damage to property, whether intentional, negligent, or otherwise, arising
out of the County's work in the public rights of way, or due to the existence of the County's facilities
and/or equipment in the public rights-of-way, or in any way related to the County's exercise of its rights
under this Agreement. Neither the issuance of a Town permit for installation or location of a facility or
equipment, nor Town approval of such installation or location, nor the failure of the Town to direct the
County to take any precautions, to make any changes, or to refrain from doing anything shall excuse the
{0000693 LDOC /)
Intergovernmental Agreement between Page 5 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
County of its responsibilities hereunder to the Town or others in the case of any injury to persons or
damage to property.
If the Town is sued in any court by any person, firm, association, or corporation to recover damages for
injuries to person or property on account of the installation, repair, operation, and/or maintenance of the
County's facilities or equipment, the County shall defend all such suits and pay any resulting judgments,
and shall, at the option of the Town, be made a party to any such court proceeding.
Section 20. Town Participation in Le2al Actions. The Town shall have the right at all times to take
part in any suit or action instituted by or against the County in which any judgment or decree can be
rendered, which might result in the foreclosure of any lien on any County property situated within public
rights of way, or which could affect the rights, powers, or duties of the County to do or not to do anything
that this Agreement might require the County to do or not to do, and also to take such steps as the Town
may deem appropriate to protect the interests of Town or the public. The Town shall have the right to
intervene in any suit, action, or proceeding by any person or persons, firm, or corporation seeking to
enjoin, restrain, or in any manner interfere with the County in the performance or observance by it of any
of the terms or conditions of this Agreement, or of any regulation, notice, or direction of the Town in such
connection, or which involves or might involve the constitutionality, validity, or enforcement of this
Agreement. The Town also may move for dissolution of any such injunction or restraining order or take
any other appropriate step, in any such suit, action, or proceeding that it may deem necessary or advisable
in order to protect its interests.
Section 21. Compliance with Agreement Conditions and Ordinances. The County agrees to conform
to, abide by, and perform all the conditions, provisions, requirements, and limitations in this Agreement.
The County shall be subject to all Town ordinances now in force or hereafter lawfully adopted, including
all ordinances relating to the use of public rights of way by utilities. The County agrees that it will not
assert any claim against the Town that the provisions of this Agreement or any applicable Town
ordinance or regulation in force at the time of execution of this Agreement are unreasonable, arbitrary, or
void.
Section 22. Non-Exclusive License. This License and the privileges granted herein shall not be
exclusive. The Marana Town Council expressly reserves the right to grant, at any time, similar
franchises, licenses, and privileges over the same highways, roads, streets, alleys, and thoroughfares, or
any thereof, to any other person, firm, or corporation.
Section 23. Assignment. The County hereby agrees that neither this Agreement nor any of the County's
facilities in Town rights of way shall be sold, assigned, or transferred without the prior written approval
of the Marana Town Council. The decision to approve or deny the sale, assignment, or transfer of this
Agreement shall be within the sole discretion of the Marana Town Council, and the Council may deny the
County's request to sell, assign, or transfer the Agreement if such denial is in the best interests of the
Town.
Section 24. Contact Information. All notices or correspondence concerning this Agreement shall be
provided in writing to:
{0000693 LDOC /}
tntergovernmental Agreement between Page 6 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
If to County:
Pima County Real Property Services
201 North Stone, 6th Floor
Tucson, Arizona 85701
(520) 740-6313
If to Town:
Brad DeSpain, Utilities Director
Town of Marana Municipal Water Department
115 5 5 W. Civic Center Drive
Tucson, AZ 85653
(520) 382-2570
Any change in any of the foregoing contact information for either party shall be made in writing to the
other party.
Section 25. Effective Date. This Agreement shall be effective upon the filing of the original hereof with
the Office of the Pima County Recorder. This Agreement shall expire on the fifteenth anniversary
thereof, unless sooner tenninated by either party hereto.
Section 26. Termination. This Agreement may be terminated by either the Town or the County upon
180 days'written notice.
Section 27. Compliance with Laws. The parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated within this
Agreement.
Section 28. A.R.S. § 38-511. This Agreement is subject to the provisions of A.R.S. §38-511.
IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chair of its
Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the
Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council
and attested to by its Clerk.
Town of Marana, Arizona Pima County, Arizona
Town Council Board of Supervisors
Ed Honea, Mayor
Date:
Richard Elias, Chair
Date:
Attest:
Jocelyn Bronson, CMC, Town Clerk
Date:
fOO00693 LDOC /)
Intergovernmental Agreement between Page 7 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Marana ROW)
Attest:
Lori Godoshian, Clerk of the Board
Date:
The forgoing Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to those parties to
the Intergovernmental Agreement represented by the undersigned.
Town of Marana:
Town Attorney
Pima County:
Deputy County Attorney
{0000693 LDOC /)
Intergovernmental Agreement between Page 8 of 8
Town of Marana Municipal Water Department
and Pima County (PC use of Mamna ROW)
MINUTES OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT
MARANA MUNICIPAL COMPLEX
DATE: October 16, 2007
PLACE AND DATE
Marana Municipal Complex
CALL TO ORDER AND ROLL CALL
By Mayor Honea at or after 7:00 p.m.
DISTRICT MEMBERS
Ed Honea Chairperson Present
Herb Kai Vice Chair Present
Russell Clanagan Member Excused
Patti Comerford Member Present
Tim Escobedo Member Present
Carol McGorray Member Present
Roxanne Ziegler Member Present
Mr. Escobedo declared a conflict of interest, and Ms. Bronson stated that there is a Quorum
present.
A. BOARD ACTION
1. SSFCD RESOLUTION NO 2007-01: A RESOLUTION OF THE DISTRICT
BOARD OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT
TAKING CERTAIN ACTIONS WITH REGARD TO ORGANIZATION OF THE
DISTRICT; APPROVING THE GENERAL PLAN FOR THE DISTRICT;
APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND
INTERGOVERNMENTAL AGREEMENT (SAGUARO SPRINGS COMMUNITY
FACILITIES DISTRICT); APPROVING THE PREPARATION OF, AND
AUTHORIZING THE GIVING OF NOTICE OF HEARING WITH RESPECT TO
APPROVING, A FEASIBILITY REPORT WHICH INCLUDES IDENTIFYING
THE PUBLIC INFRASTRUCTURE OF THE PROJECTS, THE AREAS TO BE
BENEFITTED, THE EXPECTED METHOD OF FINANCING AND THE SYSTEM
OF PROVIDING REVENUES TO OPERATE AND MAINTAIN THE PROJECTS,
ALL AS PROVIDED IN SUCH REPORT AND ORDERING AND CALLING AN
ELECTION WITH RESPECT TO ISSUANCE OF BONDS BY THE DISTRICT
AND THE LEVY OF AN AD VALOREM PROPERTY TAX THEREFOR AND TO
THE LEVY OF A SEPARATE AD VALOREM PROPERTY TAX
ATTRIBUTABLE TO THE OPERATION AND MAINTENANCE EXPENSES OF
THE DISTRICT.
Mr. Montague addressed the Board, to present Item 1, SSCFD Resolution 2007-01. He
mentioned that on September 4, 2007, the Board considered and approved the formation
of the CFD, and within a certain number of days from that action certain administrative
things needed to be brought before the board for consideration. Specifically the
appointment of key significant staff with the Chairperson, Vice Chair, various members
of the district board, district manager, district CFO and various members of the district.
I
MINUTES OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT
MARANA MUNICIPAL COMPLEX
DATE: October 16, 2007
This resolution involves the ratification and notification of where notices will be posted,
consideration of approval for the development, authorization and agreement, approving
of the first feasibility report, as well as order and call of the bond and operation tax
election. The resolution will also authorize the district to call an election on November
21", for the purpose of establishing the bonding authority for future general obligation
debts surrounding underline acquisition or construction of facilities within the district. It
also sets forth the not-to-exceed amount of $2.80 per $100 of assess evaluation. The
future dates associated with the issuance of the date have not been set, and are still under
consideration.
Mr. Montague opened up for questioning, however no questions were asked.
A motion was made by board member Comerford, seconded by Vice Chair Kai, to adopt
Resolution No. SSFCD 2007-1. The resolution was unanimously approved.
11. ADJOURNMENT
A motion was made by two members of the Board, and seconded, to adjourn. The Board
voted unanimously to adjourn.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Saguaro Springs
Community Facilities District meeting held on October 16, 2007. 1 further certify that a quorum
was present.
Jocelyn C. Bronson, Town Clerk
2
N
TOWN COUNCIL
MEETING TOWN OF MARANA AR
INFORMATION
Izo
MEETING DATE: November 20, 2007 AGENDAITEM: L. I
TO: MAYOR AND COUNCIL
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Discussion/Possible Action weekly Council meetings
DISCUSSION
At the request of Council Member Comerford, the matter of weekly Council meetings has been
placed on the agenda for discussion.
SUGGESTED MOTION
Mayor and Council's pleasure.
Weekly Council Meetings 11120107