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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
11 CITY OF TUCSON, a municipal )
11 corporation,
)
1 : 5218
2 ' )
Petitioner, ) NO.
VS . )
4 ) ORDER TO SHOW CAUSE
PIMA COUNTY; COUNTY BOARD OF SUPER- )
5 VISORS ; JAMES J. MURPHY, DENNIS )
• WEAVER AND THOMAS S . JAY, PIMA )
6 COUNTY SUPERVISORS ; AND JAMES D. )
• KRUGH AND STEVE ENGLE, AS
7 REPRESENTATIVES OF THOSE 'CERTAIN )
PETITION SIGNERS FOR THE PROPOSED )
8TOWN OF ORO VALLEY, )
1
)
9 Eff_22Edents . )
10. Petitioner having filed a verified Complaint in a Special
Action proceeding, and good cause appearing therefrom;
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O 0 12 NOW, THEREFORE, IT IS HEREBY ORDERED:
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13 That you, the respondents, James J. Murphy, Dennis Weaver,
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14 and Thomas S . Jay, members of the Pima County Board of Super-
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LLD: 0 1.5 . visors ; James D. Kriegh and Steve Engle, be, and you hereby are,
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16 ordered to appear before this Court on the 2_,/ . day of
'-
O 17 ', 1972, at/JO o' clock .ie
M. , to show cause why, if an yo have,
18 the Board of Supervisors should not be prohibited from declaring
19 , as an incorporated city or town the territory petitioned as the
20 proposed Town of Oro Valley.
21 IT IS FURTHER ORDERED that a copy of the Complaint along
22 with this Order to Show Cause be served-,upon the respondents by
23 . service of copy of same on the Clerk of the Board of Supervisors
24 and James D. Kriegh and Steve Engle.
25 DATED DATED this 02-1 day of June, 1972 .
26
27
JUDGE OF THE SUPERIOR COURT
28
Z._ 2J- 7
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
2 IN AND FOR THE COUNTY OF PIMA
-id
4 CITY OF TUCSON, a municipal )
corporation,. ) 1352Th
51 ) • NO.
Petitioner, )
)
vs . ) SUMMONS
• • 7 )
PIMA COUNTY, COUNTY BOARD OF SUPER-)
8 VISORS ; JAMES J. MURPHY, DENNIS
WEAVER AND THOMAS S . JAY, PIMA )
9 • COUNTY SUPERVISORS ; AND JAMES D. )
KRIEGH AND STEVE ENGLE, AS )
10 REPRESENTATIVES OF THOSE CERTAIN )
PETITION SIGNERS FOR THE PROPOSED )
11 TOWN OF ORO VALLEY, )
)
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o 12 Respondents . )
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THE STATE OF ARIZONA to the above named Respondents , PIMA COUNTY;
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14 COUNTY BOARD OF SUPERVISORS ; JAMES J. MURPHY, DENNIS WEAVER and
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THOMAS S . JAY, Pima County Supervisors ; and JAMES D. KRIEGH and
u_ a: 6 15 STEVE ENGLE, as representatives of those certain petition signers
for the proposed Town of Oro Valley:
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YOU ARE HEREBY SUMMONED and required to appeax. and defend ..,.
17 in the above entitled action in the above entitled court, within
TWENTY DAYS, exclusive of the day of service, after service of
18 this summons upon you if served within the State of Arizona, or
within THIRTY DAYS, exclusive of the day of service, if served •.
19 ' without the State of Arizona, and you are hereby notified that in
case you fail so to do, judgment by default will be tendered
20 against you for the relief demanded in the Complaint.
21 The name and address of Petitioner' s attorney is :
\ . •
22 ENOS P. SCHAFFER
Deputy City Attorney
23 250 W. Alameda
Tucson, Arizona 85703
24
GIVEN under my hand of the Superior Court of
25 the State of Arizona in --;;;4LiAtaV.,,.,. County of Pima, this
day of
26 •:: (1)
27
CES C. GIBBONS, Clerk
Vc1"7, Seant
28 0
Deputy Clerk
1
•
IIN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
CITY OF TUCSON, a municipal )
185218
corporation, )
5 ) NO.
Petitioner, 3
6 COMPLAINT
vs . )
7 ) SPECIAL ACTION
PIMA COUNTY; COUNTY BOARD OF )
8 SUPERVISORS ; JAMES J. MURPHY, )
DENNIS WEAVER, AND THOMAS S . )
9 JAY, PIMA COUNTY SUPERVISORS; )
AND JAMES D. KRIEGH AND STEVE )
10 ENGLE, AS REPRESENTATIVES OF )
THOSE CERTAIN PETITION SIGNERS )
11 FOR THE PROPOSED TOWN OF ORO )
c7i VALLEY, )
o 0 12 '. )
1- co Respondents . )' "": 13
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ui CO E 14 . COMES NOW the petitioner, by its attorney, Enos P. Schaffer,
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LL 15 and respectfully represents to the Court as follows :
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11.
17 That petitioner, City of Tucson, is a duly established • • . •
18 municipal corporation in the County of Pima, State Of Arizona;
19 that the respondent Pima County is a duly established political
20 subdivision of the State of Arizona; that the Pima County
21 Board of Supervisors is the governing' bc* of said Pima County,
22 and James J. Murphy, Dennis Weaver, and Thomas S . Jay are the
23 duly elected and acting members of the said Board of Supervisors ;
24 that James D. Kriegh and Steve Engle are the real parties in
25 interest in this matter as representatives of those certain
26 petition signers for the proposed town of Oro 'Valley.
27 II
23 That the Board of Supervisors reviewed and held the hearing
1 .
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*V requested by the petitioners seeking to incorporate the pr \
2 posed Town of Oro Valley, and on April 21, 1970 denied to
3 • enter its Order declaring the proposed area incorporated;
4 that a real party in interest in said hearing is the City o'f, \
5 Tucson, which opposed the incorporation of said proposed Town
1
6 of Oro Valley at the said public hearing held by the,I3oard of
H. • 7H Supervisors.
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That the petitioners for incorporating the Town of. Oro
10 Valley subsequently filed an action in the Superior Court of
> 11 Pima County foi. Writ of Mandamus to require the Board of Super-
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O 0 12 visors to declare the area incorporated. That ,this said action
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13 was transferred to Superior Court of Pinal County, being en-
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LLI E 14:, titled JAMES D. KRIEGH, et al. vs . THOMAS S . JAY, et al. ,
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12.. Case No . 24351.
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17 That the said matter proceeded to trial befOtethe Hon.
18 T. J. Mahoney, who has ordered on June 15, 197that the. Board
19 , of Supervisors meet and declare the Town of 0±-0 Valley in-
20 corporated.
21 V
22 That the respondents , the Board of Supervisors , have
23 not yet acted upon said Order, but will proceed. to act there-
24 upon unless prohibited.
25 VI
26 That the petitioners for incorporation alleged that the
27 proposed area of incorporation was located more than six miles
28
2 .
from the existing city limits of the City of Tucson, and that •
9F said six-mile line was actually about twenty feet from the then
existing city limits .
VII
5 That prior to the Judgment being signed in said case, the
6 City of Tucson annexed, by Ordinance No. 3846 , on May 22, 1972,
.V an area to the north of the city limits so that the city limits
8 were then, and now are, within six miles of the proposed tern -
9 tory for incorporation.
10 VIII
11 , That A. R.S . §9-101 provides in part that :
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12 "A . When two-thirds of the real property taxpayers
residing in a community containing a population of
13 five hundred or more inhabitants petition the board
, o of supervisors , setting forth the metes and bounds
2 LL1 114 of the community, and the name under which the peti-
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• - • tioners desire to be incorporated, and praying for
a„ ois the incorporation of the community into a city or
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town, and the board is satisfied that two-thirds of
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o 16 the real property taxpayers residing in the community
have signed the petition, it shall, by an order en-
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17 tered of' record, declare the community incorporated
as a city or town.
18
C. By whichever proceeding the incorporation of a
19 city or town is accomplished, the order shall_ desig-
nate the name of the city or town, and its metes •and
20 bounds, and thereafter the inhabitants within the
area so defined shall be a body politic and corporate
21 by the name designated."
•
22 IX
23 That A. R. S. §9-101. 01 provides in part :
24 'TA . Notwithstanding any other provisions of law to
the contrary, all territory within six miles of an
J r incorporated city or town, as the same now exists
or may hereafter be established, having a population
26: of five thousand or more as shown by the most re-
cent federal census, and all territory within three
27 miles of any incorporated city or town, as the same
now exists or may hereafter be established, having
28 a population of less than five thousand as shown by
the most recent federal census is declared to be an
[ - urbanized area.
1 3 .
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IB. No territory within an urbanized area shall
hereafter be incorporated as a city or town, and
2 the board of supervisors shall have no jurisdic-
tion to take any action upon a petition to in-
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corporate a city or town within such area, unless :
There is submitted with the petition for in-
corporation a resolution adopted by the city or
5 town causing the urbanized area to exist approving
the proposed incorporation; or
6
2 . There is filed with the board of supervisors
7 an affidavit stating that, a, proper and legal peti-
tion has been presented to the city or town causing
8 the urbanized area to exist requesting annexation
of the area proposed for incorporation and such
petition has' not been approved by a voted ordinance
of annexation within one hundred twenty days of its
10 . presentation.
11 ; C. If such resolution or affidavit is filed with the
board of supervisors, the board shall proceed with
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0 cp 121 incorporation of the area. "
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14 That the City of Tucson has a population in excess of
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15 five thousand as shown by the most recent federal census ; that
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1'V posed incorporation; and that no affidavit has been filed with
18 the Board of Supervisors stating that a petition was presented
19 ' to the City of Tucson requesting it to annex the proposed area.
20 XI
21 That by virtue of the said annexation on May 22, 1972, the
22 : six-mile limit has been pierced and the said proposed territory
for incorporation is now within six miles of the city limits of
24 Tucson, and therefore pursuant to A .R.S . §9-101 . 01, the Board
25] of Supervisors have no jurisdiction to declare the proposed area
9i,(5 incorporated.
27 XII
28' That if said area is declared an incorporated town, the
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I 1 City of Tucson will be damaged thereby in that the said town
2 could annex all the territory from its limits down to the exist-
ing city limits of the City of Tucson and thereby prevent a
4 normal, natural and beneficial expansion of the city limits of
5 the City of Tucson so that the City may adequately supply the
6 . residents of the areas , as the need arises, with proper and
7 desirable city services to the benefit of the citizens therein
81 and to the citizens of the City of Tucson.
XIII
10 That this Special Action is filed pursuant to Rules of
11 Procedure for Special Actions to prohibit the Board of Super-
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12 visors from declaring said proposed area an incorporated town,
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13 which is without, or in excess of, their jurisdiction or legal
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14 , authority, and there is no equally plain, speedy or other
0 15 . adequate remedy available.
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o 16 WHEREFORE, petitioner prays that the Court issue its Order
17 to Show Cause directedto the Board of Supervisors and the-.
18 members thereof, ordering them to show cause, if any they have,
19 at a time and place set by this Court, why they should not be
20 prohibited from declaring the territory proposed as the Town of
21 Oro. Valley as an incorporated city or, town, and for such other
22 or further relief as the Court deems proper in the pr'emises .
23
HERBERT E. WILLIAMS
24 City Attorney
7,21 I
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25
By /L. MIA-44/
26 Enos P. Schaff6rj
Deputy City Attorney
27' Attorneys for Petitioner
City of Tucson
231
5 .
1 STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
ENOS P. SCHAFFER, being first duly sworn, deposes and says :
4 That he is the duly appointed Deputy City Attorney of the
5 City of Tucson, petitioner in the foregoing action, and knows
6 the contents thereof; that the matters and things therein
7 stated are true ih substance and in fact, except those matters
8 which are stated on information and belief, and as to those
9 matters he believes them to be true.
10
. 444,9 /
a
Enos P. Schaf
12 •
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13 SUBSCRIBED AND SWORN to before me this "6„,4- 'Zra7y of June,
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CO L7 14 : 1972, by Enos P. Schaffer.
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16 / Notary Public
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17 My Commission Expires :
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. 9-e-410,41 ADOPTED BY THE
MAYOR AND COUNCJL
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ORDINANCE NO.
RELATING TO ANNEXATION; ANNEXING A PORTION OF TI-IE SOUTHEAST
QUARTER OF SECTION 23 , IN TOWNSUIP 13 SOUTH, RANGE 13
EAST, G. & S . R. B. & M. , PIMA COUNTY , ARIZONA, MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE
CITY OF TUCSON, ARIZONA, TO INCLUDE SUCH AREA; TEMPO-
RARILY FOLLOWING COUNTY ZONING PROVISIONS ; ACCEPTING
COUNTY BUILDING PERMITS ; ESTABLISHING A STATEMENT OF
POLICY RELATING TO ADOPTING COUNTY AREA AND NEIGHBOR-
HOOD PLANS , COUNTY MAJOR STREETS AND ROUTES AND SCENIC
ROUTES AND COUNTY BUILDING SETBACK LINES FOR SUCH MAJOR
/--. STREETS AND SCENIC ROUTES .
WHEREAS , a petition in writing has been presented to the
Mayor and Council of the City of Tucson, Arizona, signed by
the owners of more than one-half in value of the real and per-
sonal property as would be subject to taxation by the City -
of Tucson in the event of annexation within the territory and
- land hereinafter described as shown by the last assessment
of said property, which said territory is contiguous to
the City of Tucson, and not now embraced within its limits ,
, asking that the property more particularly hereinafter de-
. .,,
scribed be annexed to the City of Tucson, and to extend and
increase the corporate limits of the City of Tucson so as to
,_,,
embrace the same; and \
WHEREAS, the Mayor and Council of the City of Tucson, . .
Arizona, are desirous of complying with said petition and ex-
tending and incroa.:-.in'il- ',- ;:l corporate limits of the City of
Tucson to include said territory; and
1.
ROGER PARK ANNEXATION
.. ',.-..)
iI1;3 .:AS1 L
t' L2 :�.c. (.pe t:i Lion sets forth a true and ec.:) r.eC t
dC'.scr J..p t:ion ()i all L11(.' c Le r;t-or boundaries of the entire auea
City ofTucson, d a t t a c h e d
propped t�o 1). �:���.��.c�:•�.c�c� t.�c1 the C. }� and had
thereto at a l l times tin accurate ma p of the
territory dos:1.1C'd
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to be annexed ; and
WHEREAS , dd + ti on s or alterations increasing the torr i-
tbry sought to be annc,,ed have been madc.. after the said petition
d been anyowner of real and/or personal property
.had signedby
in such territory; and
WHEREAS , certain areas have been deleted from the entire
be annexed,area proposed to .T� �xeds reflected is re ect.ed a n the legal descrip-
tion
jesc ^iu-tion of the area annexed by this ordinance, and in the map at-
tached hereto; and
WHEREAS , ro per and sufficient certification and proof
P �
the foregoing facts are now on file in the office . of the City
o�.. ZA��..... � v v
Clerk of the City of Tucson, Arizona, together with the original
petition referred to herein;
NOW, THEREFORE', BE TT ORDAINED' BY TIT., MAYOR AND COUNCIL
OF THE CITY OF TUCSON, ARIZONA , A S FOLLOWS:
�
SECTION,CT ON 1. That the territorydescribed in Exhibit. A at-
tached
I
shed hereto and which - by reference is made a. part • hereof as
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though fully set forth at length herein be , and the same hereby
R of
the City Tucson; and 'that the r e,sent corporate
�s, annexed to �. �'
limits b c, and the same herebyextended and increased to in-
clude
n-
are,
c _ude the said territory described in Exhibit A , contiguous to
the prsent e etcity
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SECTION 2. Record ;err 1 e quire do t_s .
That a copy ofthis ordinance , together with said ExhibiL
2 .
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and an accur. Le map of thc Lerritou 1):! reby anne.x.ed to the
City of Tucson, certified Iv the Mayor of' said City , be forffi-
with filed .and recorded in the office of the. County Recorder -
of Pima County, Arizona .
SECTION 3 . County Zoninc:), Provisions _ followed until
Cit Zoning established .
That until City zoning districts have been established for
the , area hereby annexed, the building inspector be , and he hereby
is , authorized and directed to issue building or occupancy permits
for the erection,. construction, alteration, or use of any land , .
building, structure , or improvement within the area hereby an-
nexed , which conforms with the existing provisions of thp. Pima Count
Zoning ordinance applicable thereto; provided that -no such per
mlts shall be issued unless the proposed comtruction, altera-
tion or improvement thereby permitted shall in all respects com-
ply with all applicable provisions of the Tucson Code and all
rules and regulations supplementary thereto, except Chapter 23
thereof.
-SECTION 4. Accepting County Building. Permits .
( ' That Pima County building permits issued or applied for on
or before the date of annexation shall be ac6epted . inlieli of
City permits , or a City permit may be issued pursuant to said
•
application; and construction or structures pursuant to said
permits may be made without being subject to City Building Code
provisions ; provided construction under said permits shall start
within two year following the aunc , h.cover,
because. of subsequent changes in the City Zoning Code or for any
•
at reason , the owner or builder profers , he may di. rbgard his
County buijcii,n perlilit , obtain a Ci Ly building !“...2rit: cand
3 .
pursuantto CT.L y zoning pr`.!v�a�; i..o n s t 11 .' C y Code ,
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(Aber Tucson Code provision .
SECTION 3 . t�� t-en ent. •o.0 ' y,
It is herob r established as a statomenL of policy that
existing County area and neighborhood plans in effect, if any,
in the areas hereby annexed will be adop.ted insofar as they do
not conflict with the provisions of the -Tucson Code and will
be made a part of the Tucson Master Plan; and
IT IS FURTHER hereby established as a statement. of policy .
j.
that major streets and routes and scenic routes , as established
-~^ by Pima County pursuant to its Major Streets and Route Plan in
effect in the areas hereby annexed , if any, shall he recognized
and followed ; and
IT IS FURTHER hereby established as a statement of policy
- • that: building setback lines established by Pima County for
major streets and scenic routes , if any, shall be recognized
and followed within the area hereby annexed ; and that the building
inspector is hereby authorized and directed to. issue building
. permits to conform with this statement of policy..
�.. SECTION 6. SeverabiTi_ty. .
‘ '
That if any provision of this ordinance or the application _ .
thereof to any person or circumstance is held invalid , the
invalidityshall not affect other rovi.s.ions br app .ications of
p
the ordinance, whi ch can be given effect without the invalid pro- -
vision or application, and to this end the provisions . of this
ordinance are severable .
SECTION 7 . WTEREAS , it is necessary for. the ' reser_v� tion
of the peace , health and safety t. r of the Cityof Tucson that this
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ordinance become immediately effective', an e c.,r�r eney is hereby
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dec 1.a re ci to c.:-..1.13t rd inLncC ;hail. In] C.IT j: Cil.ye
iu11I diately upon its pz.-issa ,e. and adoption ,
PASSED, ADOPTED AND APPROVED by the Mayor and Council
of thc City of Tucson, Arizona,
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• 4),1 Pel .. A. •
• MAYOR.
ATTEST:
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CITY CLERK.
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APPROVED AS TO FORM: REVIEWED BY:
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•c,/,,_ CITY ATTO.P11TEY // CI TY 1,1ANAC-;E R
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,o1.97 6 a &tee, co2vted, and comfroteal cely allyzagwe LAC. 3846
etzh'ich' coca iittwect and acto/ded /714e Jayoy, and ro.a
rz, of I ,AC/J0n, slyi a at a eetin thi
/on
ine e 22nd da7 o/
May , 19 72 , at (clic/ a royteem 1004 )1/J,e4egzi,
lie de airixmatti,e vole el not te4J dew Ace-Jr:v/4 oif& roefincei, keie/n
1)1; aieJ
and noe4.
Pitt ihtess 'CI hereof, J 0(ewe Aei,etorto et hind and
c/Axeti Jae/v"de rity %; n, Skotiza, tit6 24th
c May it9 72
rely refele/
by
Deputy eity Clerk
• 4,
EXTRACT FROM THE MINUTES OF A MEETING OF THE
MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA
The Mayor and Council of the City of Tucson met in regular session in the
Council Chamber in the City Hall of the City of Tucson, Arizona, at 7 : 30 o'clock P m.,
z
on the 22nd day of May , 19 72 ./ all members having been
notified of the time and place hereof.
Present: Emmett McLoughlin Jerry Myers
Ruben Romero Lewis C. Murphy, Mayor
Michael Borozan Donald L. De Ment, City
Richard J. Kennedy Clerk
Absent: Ramon Castillo
The Mayor declared a quorum present.
ANNEXATION: ROGER PARK ANNEXATION
Mayor Murphy announced that City Manager' s Communication
No. 6111 , dated May 22 , 1972 , would be received into and made
a part of the record.
Mayor Murphy requested the City Clerk to read Ordinance No.
3846 by number and title only, without objection.
ORDINANCE NO. 3846
RELATING TO ANNEXATION; ANNEXING
A PORTION OF THE SOUTHEAST QUARTER
OF SECTION 23 , IN TOWNSHIP 13 SOUTH,
RANGE 13 EAST, G. & S. R. B. & M. ,
PIMA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE;
EXTENDING AND INCREASING THE CORPORATE
LIMITS OF THE CITY OF TUCSON, ARIZONA,
- TO INCLUDE SUCH AREA; TEMPORARILY
- FOLLOWING COUNTY ZONING PROVISIONS;
ACCEPTING COUNTY BUILDING PERMITS ;
ESTABLISHING A STATEMENT OF POLICY RE-
LATING TO ADOPTING COUNTY AREA AND
NEIGHBORHOOD PLANS, COUNTY MAJOR STREETS
AND ROUTES AND SCENIC ROUTES AND COUNTY .
BUILDING SETBACK LINES FOR SUCH MAJOR
STREETS AND SCENIC ROUTES .
It was moved by Councilman McLoughlin and seconded by
Councilman Borozan, that Ordinance No. 3846, as read by\number
and title , be passed and adopted.
Mayor Murphy inquired whether there was any discussion.
Councilman Romero stated that it seemed to him that this
proposed annexation might be pertinent to the purchase of the
Levy building. He, therefore , moved that this item be Tabled.
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