HomeMy WebLinkAboutHistorical Records - The Oro Valley Voice (32) Vol. ............ , 1 /"116 j
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I,No.6 Published for residents of the Town of Oro Valley,Pima County.Arizona December[B]1974
V- (fr4 SEAMAN, SPAULDING, GROTY
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%).Alik 9 •
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awsuiass aPro-incorporators'
Pga
be voided
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Ii-ik- By TED TURPIN and due to the fact that the contract between the Town of
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Publisher members of the Board of Oro Valley and Pima County.
Oro Valley's town counciti
Supervisors of Pima County are --To order all five members of
arties to the "
meets tonight(Thursday),faced P present action. the Oro Valley town council —
More t 0 0 with a lawsuit filed against — Spauldingalso told reporters Kenneth W.Holford,A.Lauren
g st it P
and against the Pima County at a Tuesday press conference Rhude,Richard Kolt,Robert E.
17.4 PAIS Board of Supervisors — early that it was filed in Pinal Hanson and Dorothy Mont-
Tuesday by-three pro-incorpora- "because we didn't think we gomery—"to act as provided in
Subscriptions already tion residents of the town. could get a fair shake in Pima - Arizona Revised Statutes
— — _ County." .'.titiir��K:::;ti••:ti•:
to the O r 0 Valley A central point of their = :f
The three plaintiffs, who .t :j
— complaint is. that the town Spaulding said are "represent- .f
• 0 V Council :ti
Voice! council majority and the in and representative of'man -=
supervisors illegally drew up citizens of }
and signed a $48,000 contract pro-incorporation Dec. 19, 1974:
with the intention of forcing Oro Oro Valley asked the court: :l }
Town's financial Valley into debt, thus genera- --To restrain the council and
ting local sentiment for disincor- the supervisors "from taking Study Session: 6:15 p:m.
firm
Council MYting
?30PabiIity is potation any action inimical to the bestY. wVytii : fi . a}
They asked the court to throw wishes of Oro Valley and its
Can Oro Valley really "make out the contract, and to make residents." 9-204," which provides that'
it" financially? both the council members and --To Prohibit the Town of Oro 'council members must act to
That question was asked — the supervisors discharge their. Valley from paying any money preserve "good govgrnment."
again — by a reporter at the sworn duties under the law, on the $48,000 contract which --To afford residents of Oro
Tuesday press conference The three plaintiffs—Joseph the council majority recently Valley "such other and further
where Oro Valleyan John F. B. Seaman,John F. Spaulding, signed with the county. relief as is reasonable and
"Jack" Spaulding told why he and Charles Groty — filed their --To restrain "all parties proper under the circumstan-
and others are suing the town complaint in Pinal County hereto from making Oro ces."
council and county supervisors. Superior Court at Florence, Valley's disincorporation a prize --To award the plaintiffs court
"There's no question about they said, "due to substantial in a political game." costs involved in bringing the
it," he replied, a bit wearily, publicity (in the Tucson area) --To cancel the present lawsuit.
Spaulding, who identified
himself as a former presidentd
2-year n r ownan chairman of Skilcor a
�
P �
major industrial firm, said he
Oro Valley's town finance the new census figures on which "For instance, we've auto- retired ten years ago and has
committee tonight will submit a Oro Valley revenue-sharing and matically built a 10 per cent lived in Oro Valley Country
3-year projection to the town other income will be based. increase in many of the expense Club since then.
council which shows an $9,378 In fact,it's the special census categories, to allow for infla- He said the Pima County,
deficit at the end of the first —to be conducted this spring tion," "but we P
. p g— � Rhude said, Board of Supervisors —
fiscal year — but a surplus of which makes the town's didn't do that on the income "especially Mr.Joyner and Mr
$35,521 at the end of next year, prospects bright.If the popula- side." Asta, although they aren't the
and a surplus of$74,770 at the tion turns out to be nearly 1,200, The committee intends to ask only ones — has consistently
end of three years. as expected, it will double Oro the council that it be consulted fought the incorporation of.Oro
The committee headed by Valley's "automatic" income in before any further contracts are Valley."
Councilman A. Lauren Rhude, several categories. signed which bind the town to Spaulding told reporters that
has worked several weeks to But in an effort tobe large expenditures. he and many other citizens of
come up with its official conservative, the committee One of the recommendations the Town of Oro Valley believe
recommended budget. deliberately underestimated contained in the-budget is that the contract for services by the
Made up of persons both for some potential revenues [such Oro Valley not pay $7,000 in county, which was entered into
and opposed to incorporation, as Federal revenue sharingand subsequentyears to the county P q by"a majority of the Oro Valley
the committee opposed to business privilege taxes],while for sanitation services — on the Town Council"and the Board of
incorporation,took into account trying to be generous on the theory that townspeople are
such variables as inflation, and "expense" side of the ledger. already paying for them [Continu (1 on Page Four]
.. ::
•
Montgomery challenges `misstatements'
rit o outsidefinancing' ,....::::„
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g,ti~
county, t:,-,;.!in Voice; editor re lies at length � . suit town}
Editor: audience attempted to draw
I wish to correct a number of her into an admission that it Who's paying for the"pro-incor- That question, not surpri-
misstatements in your editorial was a personal matter. porators" lawsuit against the singly, was asked Tuesday
on page 1 of issue 5.First,at the Our editorial, as written, Oro Valley town council and the morning at the press conference
time of the meeting and now quoted Mrs. Montgomery Board of Supervisors? called by three plaintiffs in the
correctly "personnel;" we
(Dec. 13) there is a second re suit.
applicant for the position of are sending her a copyof the Banko ,,rs "It's coming out of our
town engineer. original draft from which the - - pockets, out of the pockets of
There have been third-hand type was set.Unfortunately, town the residents of Oro Valley,"
rumors that he had been the typesetter read it as — - . replied John F. "Jack" Spauld-
dissuaded from accepting the personal and set the type g
accordingly. line o credit into the reporter's query. "If
position,but he has neither told g y necessary, we'll pass the hat
the Council in person or in We regret the error. United Bank of Arizona has among our supporters."
writing that he has changed his However, we have yet to offered the Town of Oro Valley a Asked if his group is getting
mind about the job. see any concrete evidence .$20,000 line of credit, with financial support from individ-
Second,at the meeting I could thatOro Valley has another interest at six per cent. uals or groups from outside Oro
not discuss the reasons why I applicant for the post of town And if the town government Valley, he replied no. "We've
did not vote for Mr. Kriegh engineer. No candidate ex- will place its checking account been offered some contributions
because it was a personnel cept Jim Kriegh,to use Mrs. with United, the bank said it from persons who live outside of
matter). The interim council Montgomery's own phrase, would reduce that interest rate Oro Valley," he admitted, "but
was warned emphatically by the has "told the Council in to 51/2 per-cent. we don't plan to accept them;we
County Attorney's office the person or in writing"that he The town council's finance don't think that's the way to do
day it was appointed that is an applicant for the job. committee, which received the things."
personnel matters can't be If someone else is willing letter at its recent meeting, He declined to name any of
discussed in public.This appliesto volunteer, why didn't the recommended that the council the groups or individuals.
to all governmental bodies. council appoint him,immedi- "give serious consideration" to Pressed to identify them by
As those who were there ately after turning down Jim the bank's offer. Oro Valley occupation,he said,"Well,they
recall,last spring Mr.Engle and Kriegh? Why didn't they at already has a $10,000 line of aren't builders;they aren't land
Mr. Kreigh were asked why least identify this other credit with Valley National developers."
they voted as they did on a applicant? Why didn't they Bank of Arizona. Spaulding said some of the
personnel matter and declined introduce his letter of "We're also recommending offers came from persons still
to explain on the same grounds. application? that the town check with other active in business—he referred
On the same matter (though banks,"said A. Lauren Rhude, to one as"an insurance man" —
not directly mentioned in the True, the Holford-Bran- chairman of the committee, and said others are retired.
editorial),I would like to make it don-Montgomery axis did He said such banking affilia- Why would anyone outside of
clear that the fact that Mr. attempt to con another tions would make it simple for the town limits offer money to
Kreigh is pro-incorporation is University of Arizona staff the town to issue warrants in help preserve the incorporated
not a factor in my opposition to member into applying for the payment of municipal debts, town? Spaulding was asked.
his appointment. My record engineer's job — purely for and to carry a debt over from "Why, I suppose because
shows that I have voted for political leverage and to one fiscal year to another. they're sympathetic to our
many people who have been justify their refusal of cause," he replied.
outspoken in their support of Kriegh's offer. But their C a b I e TV an e I Another re orter asked
. P p
the continued existence of Oro drafted designee is an Spaulding if there was any
Valley. honorable man who refused picks 4 members significance to the fact that no
-DOROTHY MONTGOMERY to play such cheap politics; • land developers or builders
110 W.Rolling Hills St, he phoned the town office A four-member committee have offered money to help save
* * * and told them he didn't wish has been named by Chairman the town—"is there any reason
to be considered. Alan J. Carey to investigate land developers might not want
[EDITOR'S NOTE: We contracts with cable television to see an incorporated Oro
are glad to afford Mrs. None of this should firms, aimed at bringing cable Valley:" he was asked.
Montgomery a rebuttal, but obscure the fact that Holford TV into the Town of Oro Valley. "Oh, yes," the retired
— like her — we cannot let and Montgomery voted "no" Carey was appointed by the executive replied. "There are
stand statements which we to a motion by Coucilman town council to head up such an certain elements in the land
believe to be false and Lauren Rhude which would investigative committee. development and building busi-
misleading to our readers. have made Kriegh engineer This week Carey presented to ness who have their eyes on this
First, however, we must only if there were no other the town office a list naming area,and they have good ties in
apologize to Mrs. Mont- applicants.But they wouldn't these four to his panel: county hall.I'm sure they'd hate
gomery for quoting her,in an even go for that, preferring —Richard G.Essenpreis, 730 to see the creation of another
editorial, as saying her vote to leave the town without a W. Golf View Drive. planning and zoning board."
against Jim Kriegh's ap- badly-needed engineer. —W. Eldon Hanes, 9025 N. Spaulding added that he
pointment was "a personal Overlook Drive. didn't mean to cast aspersions
matter." She did state, at Come to think of it, this —Mrs. Robert. E. Parker, on all builders and developers,.
least twice at the council does look more and more like 9045 N. Shadow Mountain saying that "we have some fine
meeting, that it was "a a"personal matter," doesn't
Drive. people in that business who
per•sonnel matter," even it?( - 1\1 r' Bober' I1. (-II)hens, have worked hard for the Town
though one member of the '— Editor (ir_, 1: _\T ad,)whrook I):ivc . of Oro Valley."
- ,
,'
The f Specific C
The following eleven statements are key charges Denpand 'some answers
made in the formal complaint filed in Pinal County . 1
Superior Court by three Oro Valleyans [see related to these questions!, .
stories] who are suing the Pima County Board of
Supervisors and the Oro Valley town council: There are a number of questions which Oro Valley voters
might well be asking their elected officials—and demanding
some answers.
For example:
The interests of Plaintiffs have been harmed due to the Mayor Holford,why hasn't the letter been sent to the Pima
political in-fighting, name calling, and trial by press of the County Board of Supervisors calling for the county's report
issue of the propriety of the incorporation of the Town of Oro on services supposedly being provided to Oro Valley under
Valley;an issue previously settled by the Arizona Supreme that $48,000 contract you signed? You were directed to do
Court. that as part of a motion passed by the council at its last
meeting.
Plaintiffs believe that the Defendants, and each of them, Why haven'tou done your job?
have to the detriment of the residents of Oro Valley,Arizona, Y
entered into political arrangements,to sabotage the interest Councilmen Hanson and Kolt, when doplan to file the
of Pima County's newest town. you
financial disclosure statements revealing your net worth,
• sources of income,etc.,as required by state and federal law,
Plaintiffs believe that,rather than conduct the business of as well as the Oro Valleytowncouncil's
government, the Mayor and Council of the Town of Oro council s own resolution?
Valley have been using their positions, not for the public
weal,but to further their own political beliefs concerning the Do you in fact intend to comply with that law?
incorporation of Oro Valley, Arizona. Mayor Holford,why haven't you presented the bills to be
paid by the town at each meeting of the council?Don't such
The Town of Oro Valley, and its duly constituted Mayor debts require council approval? Aren't you exceeding your
and Council,have neglected the affairs of the Town, to gain authority by paying such bills with tax monies unless you
support at a drive for disincorporation headed by members of have prior council approval?
the Town Council.
Lady and gentlemen, are you familiar with a writ of
Pima County,through its duly Board of Supervisors, and mandamus — that order from a court which directs a public
the Town of Oro Valley,through its duly constituted Mayor officer to ce? out his sworn duty,under penalty of a fine or
and Council,have entered into a contract,a copyjail sentence
of which is Is that what the citizens of OroValleywill be forced to seek
annexed hereto and is enumerated as Exhibit 1 and made a
part of this Complaint by reference thereto as is fully set forth next?
herein. Said Contract lacks legal consideration, and is,
therefore, void. * - (DO wrestlers Oro Y a i l ey CC
Plaintiffs believe Defendants, Town of Oro gals load leag00
Valley, 3rd Kenneth
W.Holford,A.Lauren Rhude,Richard Kolt,Robert Oro Valley remains in the lead
E. Hanson, and Dorothy Montgomery should be restrained - in the City Women's Golf Assn.
by this Court from spending any of the resources of the Town Canyon del Oros high school team play race after winning
of Oro Valley or any of its residents on a contract devoid of wrestlers scored 104 to wind up their match against Skyline
merit. third in their invitational Monday at Skyline Country
tournament last weekend, Club.
The contract referred to as Exhibit 1 was entered into by trailing champion Sunnyside Oro defeated Skyline 30-24
the Town and the County for the sole purpose of aiding the (177/2 points) and Holbrook while Davis-Monthan downed
drive for disincorporation of Oro Valley,Arizona.To wit:The (160). ;Tucson Country Club 31-23 and
contract was but a guise to impose debt upon the Town of Oro In the championship finals, Randolph edged Tucson Na-
Valley. three CDO grapplers were tional 281/2 251/2. El Rio didn't
victorious: splay since they were scheduled
The contract referred as Exhibit 1 hereunder provides for —Rudy Molina pinned Brent to play49rs, who pulled out of
no additional services other than those previously rendered Webb of FlowingWells in the
competition earlier this year.
by the County of Pima for the residents of Oro Valley, 112-pound class. d e
L
Arizona by the first team of
—Don Gardner decisioned Bonnie Tisci and Wilma Creigh-
In addition, the Defendants have performed none of their Eddie Lopez of Amphitheater in ton, second team members Pat
major duties to the residents of Oro Valley, Arizona. the 145-pound class. Usgaard and Lois Pacheco and
Though the records of the affairs of the Town of Oro Valley —Paul Schwann decisioned third team Sherry Starr and
are in the hands of the Mayor and Council,it is believed by the Joaquin Soria in a 191-pound Donna Ward, Oro Valley
Plaintiffs that the Mayor and Council have been derelict in match. continues to hold first place at
their duties in numerous occasions and in many ways. Inter However, in the consolation 125, followed by Skyline at
alia: Defendants have failed to properly collect traffic fines finals, CDO wrestlers didn't 110'/2.
and citations, revenue property generated via in taxing fare so well: Randolph led the first two
power,and have failed to seek out that aide,such as revenue —Mike Bidwell was deci- months before Oro vaulted into
sharing funds,and federal funds,available to entities such as signed by Pete Martinez of the lead last month.
the Town of Oro Valley. Peoria High. Other team standings are
-Ted Oney was decisioned third.Randolph 96;fourth,DM,
Plaintiffs believe that Defendants are attempting to force ,V I{chert Taylor of Sunnyside. 93V2: fifth, Tucson National,
the Town of Oro Valley to disincorporate,despite the rulings
821/2: sixth, Tucson Count r\
of the Arizona Supreme Court to the effect that Oro Valley is 1 Livid Burke was decisioned ( lulu,701/. and seventh, El I
properly incorporated. , 'kr( lteniati of Sunnvside. 1).
Pro-incorporators'
lawsuitasks.... (con't.)
0,ntinned from Page One] Projected 3-yearbudget: Income
Supervisors, is "an instrument _ 1974-75_ 1975-761976-77
promoted by anti-incorporation State sales tax rebate $18,064 $36,128 $36,128
personnel-which includes the State income tax rebate 9,660 19,320 19,320
County Board of Supervisors." Gasoline tax refunds 9,711
711
"We're asking the court to Arterial gas tax refunds 969
cancel the contract," he said, Highway user fund 25,200 25,200
"because there is no considera- Federal revenue sharing - 200 6,092 6,092
tion provided by the county,and Auto lieu tax 3,645 7,290 7,290
Oro Valley shouldn't be charged Fines and forfeitures 1,000 1,000 1,000
additional funds." Dog licenses credit 900 900 900
Spaulding emphasized: "The Building permits 10,000 12,000 12,000
county is obligated to perform... , Business privilege tax-building 10,000 12,000 12,000
because the residents pay their Business privilege tax-utility 3,250 7,500 7,500
county taxes as always." Business privilege tax-other 4,000 6,700 6,700
Asked by a reporter if Oro $71,399 $134,130 $134,130
Valley didn't forfeit those
county services when it incor- Projected3-year budget: Ex enses
porated,Spaulding replied:"No
way. We pay the same county 1974-75 1975-76 1976-77
Patrol services $35,255 $35,255 $38,755
taxes we've always paid, and
we're entitled to the same Building inspection 100 200 220
county services."He said state Attorneys'fees 6,550 6,550 6,550
law supports that contention. Npecuu census 1,200
Reiterating that the Board of Elections 400 400
Pima Assn.of Gov'ts 2,500 2,750
Supervisors has "constantly Rabies control 3,900 3,900 3,900
fought the incorporation of Oro Planning&zoning 385 500 550
Valley," he also charged that Magistrate court 2,000 2,000 * 2,200
"through certain individuals," Interim council budget 2,600
some of the town council have Office rent 1,800 2,400 2,640
completely disregarded the Payroll 5,832 7,776 8,476
ruling of the Arizona courts, Insurance 900 900 990
which have directed the county Bonds 125
to incorporate the town. Telephone 250 250 250
"Forexample," Spaulding Sanitation 7,000
said, "Mr. (Mayor Kenneth) Postage 300 300 350
Holford was ordered by the Office supplies 1,500 1,500 1,650
court to remain neutral - and Fuel taxes for road use 10_680 25,231 25,200,
yet he is constantly promoting $80,777 $89,233 $94,881
the disincorporation of Oro
Valley." -
Contending that the Town of 'Put community affairs in, too' f r'
Oro Valley is presentlysuccess-
j
ful "and will be even more Editor: Y ou are performing a real - v
successful in the future," I have been following for service to the community. I
Spaulding said the court is being enclose my check for $2
some.time Oro Valley's struggle N.
asked "to make the public covering a subscription to the '
for survival and have therefore
officers aware of their responsi- greatly enjoyed ,your publica- paper. N..,
bilities and restrain them from tion. As a potential future resident
paying out funds to the county." of Oro Valley, I would ask that
you consider including in the if/IA
Clipthis coo on - mail it i■ with $2 for
Voice information regarding a Aili
p variety of community affairs. I
your subscription to the Oro Volley Voice! assume that there is activity in
connection with the school 'Expose what they are'
My name •
hoard, social groups, etc. that
would he of interest to the Editor:
Street address community at large. I enjoy the Voice publication.
I would suspect that such I don't think the town will get
City State ZIP information might also help to much help from the disincor-
I enclose $2 for a year's subscription to the Oro Valley make the community more poration members of the
Voice. aware of its identity as a council, but they need to be
coherent entity and not simply exposed for what they are.
Mail to: differing political factions. Maybe a few more will resign
Oro Valley Voice, Sancruval Publications, Ted Turpin, Keep up the good work!!! along with their mouthpiece.
Editor. P.O. Box 3003, Tucson, Az. 85702 S.CODY ENGLE Keep up the good work.
1790 Clayey Road EDWARD F.NARAMORE
Highland Park,Illinois 60035 530 E.San Moritz Place