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AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
SEPTEMBER 20, 2023
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
For information on public comment procedures, please see the instructions for in person and/or virtual
speakers at the end of the agenda.
To watch and/or listen to the public meeting online, please visit
https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas
Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into
Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on
matters listed on the Agenda.
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS
Spotlight on Youth
TOWN MANAGER'S REPORT ON CURRENT EVENTS
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
INFORMATIONAL ITEMS
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council
on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to
criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised
during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when
completing the blue speaker card.
PRESENTATIONS
1.Presentation and possible discussion of the Town's FY 22/23 Quarterly Financial Update through June
2023
2.Presentation and possible discussion regarding the Pima Connect Middle Mile fiber project
CONSENT AGENDA
(Consideration and/or possible action)
A.Minutes - September 6, 2023
B.Resolution No. (R)23-34, authorizing and approving the Communications Site Lease Agreement
between Dish Wireless, LLC and the Town of Oro Valley for the purpose of constructing, installing,
maintaining, replacing, improving and operating a communications facility
C.Resolution No. (R)23-35, approving an Intergovernmental Agreement between the Arizona Water
Banking Authority and the Town of Oro Valley for M&I firming
REGULAR AGENDA
FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not
discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 9/13/23 at 5:00 p.m. by dt
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours
prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability
needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council
meeting at 229-4700.
PUBLIC COMMENT ON AGENDA ITEMS
The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual
comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings,
provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue
speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written
comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to
the Town Council prior to the meeting. Further instructions to speakers are noted below.
INSTRUCTIONS TO IN-PERSON SPEAKERS
Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when
attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the
discretion of the Mayor.
If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card
located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue
speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience,
please specify what you wish to discuss.
Please step forward to the podium when the Mayor calls on you to address the Council.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by Council. You will only be allowed to
address the Council one time regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During Call to Audience, you may address the Council on any matter that is not on the agenda.
5. Any member of the public speaking must speak in a courteous and respectful manner to those
present.
INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS
Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is
listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing,
please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24
hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will
email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will
unmute your microphone access and you will have 3 minutes to address the Council. Further
instructions regarding remote participation will be included in the email.
Thank you for your cooperation.
Town Council Regular Session 1.
Meeting Date:09/20/2023
PRESENTATION AND POSSIBLE DISCUSSION OF THE TOWN'S FY 22/23 QUARTERLY FINANCIAL
UPDATE THROUGH JUNE 2023
Subject
Presentation and possible discussion of the Town's FY 22/23 Quarterly Financial Update through June 2023
Summary
Please reference the attachments for this agenda item. Please note the new format of attachments A, B and C-1,
which includes additional information and is intended to provide a more comprehensive review in an easy to read
format.
Attachments
Town Council Report - June FY 22/23 Financial Update
Attachment A - General Fund
Attachment B - Highway Fund
Attachment C-1 Community Center Fund
Attachment C-2 - Golf Contractor P&L
Attachment D - Summary All Funds
Attachment E - Gen Fund Local Sales Tax
Attachment F - Gen Fund State Shared Revenues
Staff Presentation
Town Manager’s Office
TOWN COUNCIL REPORT
DATE: September 20, 2023
TO: Mayor and Council
FROM: Jeff Wilkins, Town Manager
David Gephart, Chief Financial Officer
SUBJECT: June 2023 Financial Update
This financial update is intended to provide an overview and status of financial results for the
Town’s selected funds through June 2023 for fiscal year 2022/23. Funds included in this financial
update are the General Fund, Highway Fund and Community Center Fund.
Please note the new format for the financial update. The terms sources and uses reflect figures
that include transfers in and transfers out, while the terms revenues and expenditures exclude
these amounts.
Please note that all amounts are preliminary, un-audited and subject to change. Additionally,
monthly financial updates may not include adjusting audit entries required at year-end.
EXECUTIVE SUMMARY
Staff is pleased to report that financial performance across all funds has exceeded expectations.
Further details are as follows.
General Fund
Overall, General Fund revenues and uses ended the fiscal year better than originally forecasted
(see attachment A). Revenues total $55.4 million or 109.1% of budget, while uses are at $61.8
million or 95.4% of the total budget.
Highway Fund
Revenues ended the fiscal year better than originally budgeted while expenditures for the
Highway Fund ended the fiscal year slightly over budget (see attachment B). Revenues totaled
approximately $4.3 million or 104.2% of budget, while expenditures totaled $4.7 million or 100.2%
of budget.
Community Center Fund
Overall, year-end revenues and expenditures for the Community Center Fund performed better
than budgeted figures (see attachment C-1 & C-2). Revenues totaled $10.2 million or 120% of
budget, while expenditures totaled $8.5 million or 93.4% of budget.
BACKGROUND AND DETAILED INFORMATION
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through June, other financing
uses and year-end estimates when applicable for each category. The preliminary year-end
amounts for the General Fund are as follows:
Revenues: $55,351,205
Less:
Expenditures: ($45,832,979)
Other Financing Uses ($15,996,977)
Preliminary Estimated Decrease in Fund Balance: ($6,478,751)*
*The estimated decrease in fund balance is due to a budgeted transfer of $13.5 million of fund
balance to the Capital Fund for CIP projects, partially offset with better than expected revenues
as well as expenditure savings.
General Fund Revenues
• Local sales tax collections in the General Fund total $27.3 million or 108.1% of the
budgeted amount of $25.3 million, performing better than anticipated. Retail collections
total $9.1 million, which is $206,393 or 2.3% higher than collections from the prior fiscal
year. Restaurant/bar collections total $2.7 million which is $286,568 or 11.8% higher than
collections from the prior fiscal year. Bed tax collections total $2.5 million which is $86,000
or 3.6% more than collections from the prior fiscal year. Construction sales tax collections
total $5.5 million through June, which is $1.3 million or 19.5% less than collections from
the prior fiscal year. Note that the budgeted decrease for construction sales tax was 24%.
Total local sales tax revenue in the General Fund came in nearly $2.1 million above budget
due to strong performance across most tax categories. Please see attachment E for
detailed information on General Fund local sales tax collections.
• License and permit revenues total $2.6 million or 118.8% of the budget amount of $2.2
million. A total of 119 Single Family Residential (SFR) permits have been issued through
June. License and permit revenues came in $419,000 over budget, due primarily to greater
than expected commercial activity.
• State shared revenues total $19.0 million or 107.7% of the budget amount of $17.6 million.
These revenue sources are comprised of state shared sales taxes, state shared income
taxes, auto-lieu fees, Smart and Safe shared taxes, and an opioid settlement. These
revenues came in about $1.4 million over budget due to higher-than-expected state sales
tax collections.
• Charges for services revenues total $2.9 million or 95.5% of the budget amount of $3.0
million. Cost allocation charges to the Town’s enterprise funds for services provided, as
well as Parks & Recreation fees, make up the bulk of this revenue category. Charges for
services are came in about $137,000 under budget. This is due mainly to farebox revenues
as a result of fee waivers, as well as swimming pool user fees as a result of facility closures
for needed capital improvements.
• Miscellaneous revenues came in about $383,000 over budget due primarily to a rebate
received from the Arizona Municipal Risk Retention Pool (AMRRP).
General Fund Uses
• General Fund expenditures total $45.8 million or 94.7% of budget through June.
• Personnel costs came in about $1.6 million or 4.5% less than budget, due to a combination
of vacancy savings, position refills and budgeted PSPRS contributions for DROP
participants.
• Capital outlays came in about $925,000 or 54.3% less than budget, due to the Westward
Look Drive Improvements project being delayed into the next fiscal year.
• Transfers out of the General Fund ended the fiscal year $450,000 under budget as a grant
for fiber infrastructure with matching local funds was not awarded .
The General Fund ended the fiscal year with a total fund balance of $23.9 million, or 49.4% of
budgeted expenditures, exceeding Council policy by $9.4 million (see attachment D).
HIGHWAY FUND
Highway Fund Revenues
• State shared highway user funds total $4.1 million or 100.1% of budget.
• Interest income came in at a favorable budget variance of $166,000.
• Other revenue sources in the Highway Fund come in at a favorable budget variance of
$7,370 or 26.3% mostly due to a vendor refund of prior year invoice credits that was owed
to the Town, as well as insurance recoveries.
Highway Fund Expenditures
• Highway Fund expenditures though June are at $4.7 million or 100.2% of the adopted
budget of $4.7 million. Highway Fund expenditures came slightly over budget due to
greater than expected street maintenance/landscaping service costs.
The Highway Fund ended the fiscal year with a fund balance of $883,770 (see attachment D).
COMMUNITY CENTER FUND
Attachment C-1 shows the consolidated financial status of the Community Center Fund with all
revenues and expenditures from contracted and Town-managed operations.
Attachment C-2 shows the monthly line-item detail for the contractor-managed operations,
specifically revenues and expenditures associated with golf, and food and beverage operations.
The totals in the revenue and expenditure categories in attachment C-2 are incorporated into the
revenues and expenditures in attachment C-1.
Community Center Fund Revenues
• Revenues in the Community Center Fund through June total $10.2 million or 119.9% of
the budget amount of $8.5 million.
• Local sales tax revenues for June total $3.7 million or 106.6% of the budget amount of $3.5
million due to greater than expected retail, remote seller, and restaurant/bar collections.
• Memberships revenues for June total $2.1 million or 123.1% of the budget amount of $1.7
million.
• Charges & fees revenues for June total $3.0 million or 129.9% of the budget amount of
$2.3 million. Golf revenue is favorable due to higher-than-expected rounds played driven
by higher memberships and daily drop-ins. Town recreation programs are favorable due to
higher-than-expected sign-ups particularly in summer youth programs.
• Sales revenues for June total $1.1 million or 137.0% of the budget amount of $0.8 million
due to greater than expected food and beverage sales. Merchandise sales at the golf pro
shop are favorable driven by higher memberships, rounds played, and daily drop-ins.
• Miscellaneous revenues total $233,000 or 143.7% of the budget amount of $162,000. Sale
of assets is favorable due to auctioning off old fitness equipment. Real property rental is
related to leased space for cellular equipment on the roof of the Community Center. The
lease was to expire in FY 2021/22; however, it was extended into FY 2022/23, and this
was the final payment. Interest earnings are favorable due to a higher rate of return on
investments than expected.
Community Center Fund Uses
• Expenditures in the Community Center Fund total $8.5 million or 93.4% of the budgeted
amount of $9.1 million.
• Personnel expenditures for June total $2.8 million or 105.6% of the budget amount of
$2.6 million due to pay increases from full implementation of the new pay plan earlier in
the year.
• Food & beverage expenditures for June total $597,000 or 122.4% of the budget amount
of $488,000 due to the cost of sales from greater than expected demand
• Operations and maintenance expenditures for June total $3.4 million or 109.4% of the
budget amount of $3.1 million due to Vistoso Trails Nature Preserve master plan
consulting costs, which were budgeted as capital outlay.
• Capital outlays for June total $1.5 million or 57.4% of the budget amount of $2.7 million
due to rollover of several CIP projects into the next year, as well as an adjustment for the
Vistoso Trails Nature Preserve master plan consulting costs, as referenced above.
• Transfers are about $6.6 million, or 61.0% higher than budget, due to the Council directive
to transfer all fund balance in excess of $1 million to the Capital Fund to be used for the
golf irrigation project.
• The Community Center Fund ended the fiscal year with a total fund balance of $1 million.
The Town is not expecting any sales tax support for golf operations for the current fiscal year.
Contracted golf operations have a preliminary net income of $73,600 before outside HOA
contributions of $159,050, and local sales taxes generated from golf related operations through
June at approximately $127,382.
ATTACHMENTS
A. Additional details on the General Fund
B. Additional details on the Highway Fund
C. C-1 and C-2 for additional details on the Community Center Fund
D. Fiscal year-to-date consolidated summary for all Town funds
E. Breakdown of monthly local sales tax for the General Fund
F. Breakdown of monthly state shared revenue collections for the General Fund
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Revenues `
Amount Percent
Local Sales Tax 27,562,665$ 27,319,039$ 25,270,959$ 2,048,080$ 108%
State Shared Revenues 15,317,760 18,969,634 17,605,693 1,363,941 108%
Licenses & Permits 2,390,080 2,643,013 2,223,824 419,189 119%
Grants 6,005,913 653,525 455,000 198,525 144%
Intergovernmental 1,674,819 1,857,521 1,613,000 244,521 115%
Charges for Service 2,615,471 2,909,080 3,046,515 (137,435) 95%
Other Revenue 573,713 999,393 524,000 475,393 191%
Total Revenues 56,140,422$ 55,351,205$ 50,738,991$ 4,612,214$ 109%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
$27.3
$19.0
$2.6
$0.7
$1.9 $2.9
$1.0
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
Millions FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 1 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Local Sales Tax Revenue
Amount Percent
Construction 6,860,980$ 5,525,757$ 5,200,000$ 325,757$ 106%
Utilities 3,473,215 3,708,954 3,500,000 208,954 106%
Retail 8,923,255 9,129,647 9,012,011 117,636 101%
Hotel/Motel 2,384,329 2,470,488 1,920,822 549,666 129%
Restaurant & Bar 2,435,113 2,721,681 2,353,485 368,196 116%
Other 2,729,386 2,999,201 2,519,641 479,560 119%
Cable Franchise 756,388 763,311 765,000 (1,689) 100%
Local Sales Tax Total 27,562,665$ 27,319,039$ 25,270,959$ 2,048,080$ 108%
State Shared Revenue
Amount Percent
State Income Tax 6,174,401$ 9,082,721$ 9,084,919$ (2,198)$ 100%
State Sales Tax 6,637,079 7,077,517 5,780,575 1,296,942 122%
County Auto Lieu 2,270,326 2,421,489 2,315,524 105,965 105%
Smart and Safe 235,954 271,786 324,675 (52,889) 84%
Opioid Settlement - 116,120 100,000 16,120 116%
State Shared Total 15,317,760$ 18,969,634$ 17,605,693$ 1,363,941$ 108%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $2.0 million or 8%: The
favorable variance is due to better than expected
collections is all categories except cable franchise. Other
category positive variance is driven by better than
expected remote seller collections (online sales).
Actual to budget variance of $1.4 million or 8%: The
favorable budget variance is due to higher-than-expected
state sales tax collections.
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
$9.1
$7.1
$2.4
$0.3 $0.1
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
$10.0
State Income
Tax
State Sales
Tax
County Auto
Lieu
Smart and
Safe
Opioid
SettlementMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$5.5
$3.7
$9.1
$2.5 $2.7 $3.0
$0.8
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
$10.0
Millions FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 2 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Licenses & Permits Revenue
Amount Percent
Business Licenses & Permits 309,054$ 379,206$ 287,500$ 91,706$ 132%
Building Permit Fees & Charges 2,081,026 2,263,807 1,936,324 327,483 117%
Licenses & Permits Total 2,390,080$ 2,643,013$ 2,223,824$ 419,189$ 119%
Grants Revenue
Amount Percent
Federal grants 5,936,500$ 579,259$ 380,000$ 199,259$ 152%
State Grants 69,413 74,267 75,000 (733) 99%
Grants Total 6,005,913$ 653,525$ 455,000$ 198,525$ 144%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.4 million or 19%:
Favorable due to greater than expected commercial
activity. A total of 119 Single Family Residential (SFR)
permits have been issued through June, less than the
budgeted expectation of 171.
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.2 million or 44%:
favorable variance due to greater than expected federal
grants awarded to the Police Department and transit
services.
$0.4
$2.3
$0.0
$1.0
$2.0
$3.0
Business Licenses & Permits Building Permit Fees & ChargesMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$0.6 $0.1
$0.0
$2.0
$4.0
$6.0
$8.0
Federal grants State GrantsMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 3 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Intergovernmental Revenue
Amount Percent
School Resource Officers 61,209$ 65,000$ 65,000$ -$ 100%
RTA Reimbursements 1,518,846 1,778,249 1,530,000 248,249 116%
PC Library District Reimburse 6,178 14,272 18,000 (3,728) 79%
Animal Control Revenues 88,586 - - - -
Intergovernmental Total 1,674,819$ 1,857,521$ 1,613,000$ 244,521$ 115%
Charges for Service Revenue
Amount Percent
Enterprise Funds Cost Allocation 1,284,684$ 1,648,966$ 1,718,960$ (69,994)$ 96%
Recreation Fees 896,019 843,432 777,032 66,400 109%
Development Fees 104,401 106,030 116,250 (10,220) 91%
Court Fees 216,298 152,872 194,400 (41,528) 79%
Other 114,070 157,781 239,873 (82,092) 66%
Charges for Service Total 2,615,471$ 2,909,080$ 3,046,515$ (137,435)$ 95.5%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.2 million or 15%: greater
than expected RTA reimbursements attributable to
ridership activity.
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of ($0.1) million or (5%): Cost
allocation charges to the Town’s enterprise funds for
services provided, as well as Parks & Recreation fees,
make up the bulk of this revenue category. Unfavorable
variance due to farebox revenues as a result of fee
waivers, as well as swimming pool user fees as a result of
facility closures for needed capital improvements.
$0.1
$1.8
$0.0 $0.0
$0.0
$0.5
$1.0
$1.5
$2.0
School Resource
Officers
RTA
Reimbursements
PC Library
District
Reimburse
Animal Control
RevenuesMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$1.6
$0.8
$0.1 $0.2 $0.2
$0.0
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2
$1.4
$1.6
$1.8
$2.0
Enterprise
Funds Cost
Allocation
Recreation
Fees
Development
Fees
Court Fees OtherMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 4 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Other Revenue
Amount Percent
Fines 132,636$ 84,454$ 125,000$ (40,546)$ 68%
Interest Earnings 171,735 283,263 150,000 133,263 189%
Miscellaneous 269,342 631,676 249,000 382,676 254%
Other Revenue Total 573,713$ 999,393$ 524,000$ 475,393$ 191%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.5 million or 91%: Interest
earnings are favorable due to a higher rate of return on
investments than expected. Miscellaneous is favorable
due to a rebate received from the Arizona Municipal Risk
Retention Pool (AMRRP).
$0.1
$0.3
$0.6
$0.00
$0.10
$0.20
$0.30
$0.40
$0.50
$0.60
$0.70
Fines Interest Earnings MiscellaneousMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 5 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Uses
Amount Percent
Personnel Services 30,011,951$ 33,318,117$ 34,876,210$ 1,558,093$ 96%
Operations and Maintenance 20,569,888 11,736,691 11,809,548 72,857 99%
Capital Outlays 622,749 778,172 1,702,936 924,764 46%
Transfers Out 6,262,832 15,996,977 16,446,977 450,000 97%
Total Uses 57,467,420$ 61,829,956$ 64,835,671$ 3,005,715$ 95%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $3.0 million or 5%:
Personnel Services are favorable due to a combination of vacancy savings, position refills and budgeted PSPRS contributions for DROP
participants.
Capital Outlays is favorable due to the Westward Look Drive Improvements project being delayed into the next fiscal year.
Transfers Out is favorable due to a budgeted grant for fiber infrastructure with matching local funds that was not awarded.
$27.3
$19
$2.6
$0.7
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
$35.0
$40.0
Personnel Services Operations and
Maintenance
Capital Outlays Transfers OutMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 6 of 7
ATTACHMENT A
General Fund
Financial Status Fiscal Year to Date: June 2023
Expenditures by Department
Amount Percent
Clerk 375,414$ 428,729$ 422,705$ (6,024)$ 101%
Community & Econ. Dev. 2,902,055 3,148,683 3,280,764 132,081 96%
Council 192,014 197,987 199,145 1,158 99%
Finance 936,561 888,629 921,857 33,228 96%
General Administration 12,922,034 3,328,279 4,392,445 1,064,166 76%
Human Resources 480,631 545,050 569,905 24,855 96%
Innovation & Technology 3,992,280 4,428,926 4,797,809 368,883 92%
Legal 894,601 1,030,534 1,015,753 (14,781) 101%
Manager 1,074,627 1,354,290 1,349,776 (4,514) 100%
Parks & Recreation 3,460,952 3,858,974 3,775,162 (83,812) 102%
Police 17,531,660 19,768,479 20,403,472 634,993 97%
Public Works 5,580,572 5,889,330 6,200,227 310,897 95%
Town Court 861,186 965,089 1,059,674 94,585 91%
Total Expenditures 51,204,588$ 45,832,979$ 48,388,694$ 2,555,715$ 95%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $1.4 million or 3%:
General Administration actuals are significantly higher in FY 2021/22 than in FY 2022/23 due to a large, planned, paydown of PSPRS
pension related expenses for Police. FY 2022/23 is unfavorable due to an unexpected settlement payment to secure Town ownership of
the Vistoso Trails Nature Preserve land.
Innovation & Technology is favorable due to savings In software maintenance , telecommunications, equipment repair & maintenatnce,
and travel&training.
Public Works is favorable due to 1) an unfilled Fleet Maintenace Mechanic III position; 2) lower than expected gasoline costs; and 3) lower
than expected fleet supplies and equipment costs.
Police is favorable due to personnel savings
$0.4
$3.1
$0.2 $0.9
$3.3
$0.5
$4.4
$1.0 $1.4
$3.9
$19.8
$5.9
$1.0
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
Millions FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment A
Page 7 of 7
ATTACHMENT B
Highway Fund
Financial Status Fiscal Year to Date: June 2023
Revenues `
Amount Percent
Licenses & Permits 28,838$ 27,565$ 25,000$ 2,565$ 110%
Highway User Revenue 3,979,751 4,129,268 4,127,100 2,168 100%
Interest Earnings 12,557 174,391 8,000 166,391 2180%
Miscellaneous 7,260 7,806 3,000 4,806 260%
Total Revenues 4,028,407$ 4,339,029$ 4,163,100$ 175,929$ 104%
Expenditures
Amount Percent
Personnel 1,175,502$ 1,195,566$ 1,202,574$ 7,008$ 99%
O&M 604,387 871,699 823,615 (48,084) 106%
Capital Outlays 2,255,650 2,594,981 2,626,000 31,019 99%
Total Expenditures 4,035,539$ 4,662,246$ 4,652,189$ (10,057)$ 100%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.1 million or 4%:
Interest earnings are favorable due to a higher rate of
return on investments than expected.
Actual to budget variance of ($0.01) million or (0%):
O&M is unfavorable due to greater than expected street
maintenance/landscaping service costs.
$0.0
$4.1
$0.2 $0.0
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5
Licenses &
Permits
Highway User
Revenue
Interest Earnings MiscellaneousMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$1.2
$0.9
$2.6
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
Personnel O&M Capital OutlaysMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment B
Page 1 of 1
ATTACHMENT C-1
Community Center Fund
Financial Status Fiscal Year to Date: June 2023
Amount Percent
Revenues `
Local Sales Tax 3,514,400$ 3,707,578$ 3,477,236$ 230,342$ 106.6%
Memberships 1,822,143 2,120,807 1,723,000 397,807 123.1%
Charges & Fees 3,060,920 3,024,566 2,327,819 696,747 129.9%
Sales 1,009,045 1,119,793 817,230 302,563 137.0%
Miscellaneous 206,163 232,878 162,050 70,828 143.7%
Total Revenues 9,612,671$ 10,205,621$ 8,507,335$ 1,698,286$ 120.0%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
$3.7
$2.1
$3.0
$1.1
$0.2
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
Local Sales Tax Memberships Charges & Fees Sales MiscellaneousMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment C-1
Page 1 of 5
ATTACHMENT C-1
Community Center Fund
Financial Status Fiscal Year to Date: June 2023
Local Sales Tax Revenue
Amount Percent
Retail 2,230,813$ 2,282,412$ 2,264,806$ 17,606$ 101%
Hotel/Motel 202,224 209,530 162,973 46,557 129%
Restaurant & Bar 608,778 680,420 588,371 92,049 116%
Other 472,584 535,216 461,086 74,130 116%
Local Sales Tax Total 3,514,400$ 3,707,578$ 3,477,236$ 230,342$ 107%
Memberships Revenue
Amount Percent
CRC Membership Dues 672,816$ 732,111$ 620,500$ 111,611$ 118%
Golf Membership Dues 1,149,328 1,388,696 1,102,500 286,196 126%
Memberships Total 1,822,143$ 2,120,807$ 1,723,000$ 397,807$ 123%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.4 million or 23%:
Community Center memberships and golf memberships
exceeded expectations.
Actual to budget variance of $0.2 million or 7%:
The favorable variance is due to better than expected
collections in all categories.
Note: Estimated sales tax collections on golf operations
for FY 22/23 is $127,382
Actual Vs. Budget FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
$0.7
$1.4
$0.0
$0.5
$1.0
$1.5
CRC Membership Dues Golf Membership DuesMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$2.3
$0.2
$0.7 $0.5
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
Retail Hotel/Motel Restaurant &
Bar
OtherMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment C-1
Page 2 of 5
ATTACHMENT C-1
Community Center Fund
Financial Status Fiscal Year to Date: June 2023
Charges & Fees Revenue
Amount Percent
Golf Revenue, Trail & Carts Fees 2,568,114$ 2,487,942$ 2,060,519$ 427,423$ 121%
Recreation Programs 410,986 397,573 170,000 227,573 234%
CRC Daily Drop-Ins 52,777 57,289 30,000 27,289 191%
Facility Rental Income 29,043 81,763 67,300 14,463 121%
Charges & Fees Total 3,060,920$ 3,024,566$ 2,327,819$ 696,747$ 130%
Sales Revenue
Amount Percent
Food & Beverage 671,622$ 725,325$ 546,450$ 178,875$ 133%
Merchandise & Other Sales 337,423 394,468 270,780 123,688 146%
Sales Total 1,009,045$ 1,119,793$ 817,230$ 302,563$ 137%
Actual to budget variance of $0.7 million or 30%: Golf
revenue is favorable due to higher than expected rounds
played driven by higher memberships and daily drop-ins.
Town recreation programs are favorable due to higher
than expected sign-ups particularly in summer youth
programs.
Actual Vs. Budget
Actual Vs. Budget
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual to budget variance of $0.3 million or 37%:
favorable due to greater than expected food and
beverage sales at The Overlook Restaurant and snack
bars. Merchandise sales at the golf pro shop are
favorable driven by higher memberships, rounds played,
and daily drop-ins.
$2.5
$0.4
$0.1 $0.1
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
Golf Revenue,
Trail & Carts Fees
Recreation
Programs
CRC Daily Drop-
Ins
Facility Rental
IncomeMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
$0.7
$0.4
$0.0
$0.2
$0.4
$0.6
$0.8
Food & Beverage Merchandise & Other SalesMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment C-1
Page 3 of 5
ATTACHMENT C-1
Community Center Fund
Financial Status Fiscal Year to Date: June 2023
Miscellaneous Revenue
Amount Percent
Misc./HOA contributions 160,532$ 159,050$ 159,050$ -$ 100%
Sale of assets - 11,293 - 11,293 -
Insurance recoveries 7,261 - - - -
Real property rental income 19,502 19,502 - 19,502 -
Special events - 3,000 - 3,000 -
Interest earnings 18,867 40,033 3,000 37,033 1334%
Miscellaneous Total 206,163$ 232,878$ 162,050$ 70,828$ 144%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
Actual to budget variance of $0.1 million or 44%: Sale
of Assets is favorable due to the auctioning off old
fitness equipment. Real property rental equipment is
related to leased space for cellular equipment on the
roof of the Community Center. The lease was to expire
in FY 2021/22, however, it was extended into FY
2022/23 and this was the final payment. Interest
earning are favorable due to a higher rate of return on
investments than expected.
$0.2
$0.0 $0.0
$0.0
$0.0
$0.0
$0.00
$0.05
$0.10
$0.15
$0.20
Misc./HOA
contributions
Sale of
assets
Insurance
recoveries
Real
property
rental
income
Special
events
Interest
earningsMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Attachment C-1
Page 4 of 5
ATTACHMENT C-1
Community Center Fund
Financial Status Fiscal Year to Date: June 2023
Uses
Amount Percent
Personnel 2,376,587$ 2,796,236$ 2,648,408$ (147,828)$ 106%
Food & Beverage 630,508 596,911 487,863 (109,048) 122%
Operations & Maintenance 2,860,039 3,412,813 3,120,238 (292,575) 109%
Capital Outlay 139,003 1,530,284 2,666,700 1,136,416 57%
Debt Service 116,365 151,479 162,682 11,203 93%
Transfers Out 315,658 6,578,356 4,085,380 (2,492,976) 161%
Total Uses 6,438,161$ 15,066,079$ 13,171,271$ (1,894,808)$ 114%
FY 2021/22
Actuals
FY 2022/23
Actuals
FY 2022/23
Budget
Actual Vs. Budget
$2.8
$0.6
$3.4
$1.5
$0.2
$6.6
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
Personnel Food & Beverage Operations &
Maintenance
Capital Outlay Debt Service Transfers OutMillions
FY 2021/22 Actuals FY 2022/23 Actuals FY 2022/23 Budget
Actual to budget variance of ($1.9)million or (14%):
Personnel variance is unfavorabledue to pay increasesfrom full implementationof the new pay plan earlier in the year.
Food & Beverage is unfavorable due to cost of sales from greater than expecteddemand.
Operations & Maintenance is unfavorable due to the Vistoso Trails Nature Preserve master plan consulting costs, which were
budgeted as capital outlay
Capital Outlay is favorable due to rollover of several CIP projects into the next year, as well as an adjustment for the Vistoso Trails
Nature Preservemaster plan consulting costs, as referencedabove.
Transfers Out exceeded expectations due to the Council directive to transfer all fund balance in excess of $1 million to the Capital
Fund to be used for the golf irrigation project.
Attachment C-1
Page 5 of 5
ATTACHMENT C-2
Budget Last Year Budget Last Year
Actual Budget Variance Last Year Variance Actual Budget Variance Last Year Variance
Rounds
2,939 1,600 1,339 2,587 352 Rounds ‐ Member 41,116 32,200 8,916 34,943 6,173
320 100 220 301 19 Rounds ‐ Outing 7,014 5,550 1,464 7,969 (955)
2,169 900 1,269 1,908 261 Rounds ‐ Public 50,932 42,125 8,807 54,199 (3,267)
====================================================================================================================================================================
5,428 2,600 2,828 4,796 632 Total Rounds 99,062 79,875 19,187 97,111 1,951
Revenue
65,886 22,000 43,886 59,599 6,287 Green Fees 2,132,305 1,769,500 362,805 2,238,443 (106,138)
24,593 21,100 3,493 23,007 1,586 Cart Fees 315,620 265,250 50,370 285,330 30,290
1,068 3,500 (2,432)1,396 (328)Driving Range 40,017 43,500 (3,483)44,341 (4,324)
0 0 0 0 0 Golf Cards/Passes 0 18,000 (18,000)19,783 (19,783)
12,677 9,600 3,077 10,756 1,921 Pro Shop Sales 279,684 220,335 59,349 240,598 39,086
20,923 17,550 3,373 22,977 (2,054)Food (Food & Soft Drinks) 368,694 278,325 90,369 346,930 21,764
17,613 14,360 3,253 16,981 632 Beverages (Alcohol) 340,470 262,730 77,740 294,023 46,447
(714)100 (814)646 (1,360)Other Food & Beverage Revenue 16,058 5,295 10,763 30,526 (14,468)
1,446 835 611 1,083 363 Other Golf Revenues (Club Rent, Handica 46,753 28,620 18,133 34,896 11,857
2,291 1,450 841 2,363 (72)Clinic / School Revenue 37,190 20,225 16,965 34,123 3,066
101,044 88,500 12,544 103,075 (2,031)Dues Income ‐ Monthly Dues 1,383,836 1,103,000 280,836 1,149,328 234,508
0 0 0 0 0 Initiation Fee Income / Annual Membersh 4,860 0 4,860 0 4,860
7,660 100 7,560 (1,070)8,730 Miscellaneous Income and Discounts 30,841 12,866 17,975 8,023 22,819
================================================================================= ============================================================= ================
254,486 179,095 75,391 240,812 13,674 Total Revenue 4,996,327 4,027,646 968,681 4,726,343 269,984
Cost of Sales
9,899 6,720 (3,179)7,013 (2,886)COGS ‐ Pro Shop 196,985 151,235 (45,751)162,001 (34,984)
7,333 5,049 (2,284)8,200 867 COGS ‐ Food 110,988 79,420 (31,569)100,729 (10,260)
933 720 (213)1,556 622 COGS ‐ Non‐Alcoholic Beverages 20,636 11,967 (8,669)17,364 (3,272)
4,613 4,375 (238)4,380 (233)COGS ‐ Alcohol 88,353 80,160 (8,193)88,136 (217)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
22,778 16,864 (5,914)21,148 (1,630)Total Cost of Sales 416,963 322,782 (94,181)368,230 (48,733)
================================================================================= ============================================================= ================
231,708 162,231 69,477 219,663 12,044 GROSS INCOME 4,579,365 3,704,864 874,500 4,358,113 221,251
Labor
37,703 24,791 (12,913)25,301 (12,403)Golf Operation Labor 436,141 405,312 (30,829)358,485 (77,656)
39,338 24,250 (15,088)32,304 (7,034)General and Administrative 151,336 131,500 (19,836)137,769 (13,568)
84,702 79,320 (5,382)64,173 (20,529)Maintenance and Landscaping 813,451 840,236 26,785 704,456 (108,995)
21,360 17,852 (3,508)20,298 (1,062)F&B 282,845 245,589 (37,256)272,355 (10,489)
4,347 5,042 694 5,584 1,237 Sales and Marketing 83,638 78,975 (4,663)76,843 (6,795)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
187,450 151,254 (36,196)147,660 (39,791)Total Direct Labor 1,767,410 1,701,612 (65,799)1,549,907 (217,503)
13,136 13,826 690 13,040 (96)Total Payroll Taxes 143,522 156,400 12,877 125,265 (18,257)
17,131 11,754 (5,377)9,320 (7,811)Total Medical/Health Benefits 131,753 134,359 2,606 103,944 (27,809)
2,003 1,739 (264)2,164 160 Total Workmans Comp 24,642 20,284 (4,358)28,116 3,474
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
32,270 27,319 (4,951)24,524 (7,746)Total Payroll Burden 299,917 311,043 11,125 257,325 (42,592)
================================================================================= ============================================================= ================
219,720 178,573 (41,147)172,184 (47,537)Total Labor 2,067,328 2,012,654 (54,674)1,807,232 (260,095)
Other Operational Expenses
13,100 3,617 (9,483)5,156 (7,944)Golf Ops 75,027 58,755 (16,272)94,324 19,297
120,246 48,885 (71,361)40,819 (79,428)G&A 290,099 179,153 (110,946)180,132 (109,967)
58,257 24,223 (34,034)64,164 5,906 Maintenance 682,305 573,376 (108,929)603,605 (78,700)
3,003 2,180 (823)67,322 64,319 F&B 40,067 33,885 (6,182)101,765 61,698
3,432 650 (2,782)4,725 1,293 Sales and Marketing 53,101 25,175 (27,926)23,942 (29,159)
13,259 13,557 298 2,353 (10,906)Golf Cart Leases 148,199 162,684 14,485 149,234 1,035
298 0 (298)0 (298)Equipment Leases 3,279 0 (3,279)0 (3,279)
93,645 91,375 (2,270)129,626 35,981 Utilities ‐ Maintenance 735,053 1,011,875 276,822 999,752 264,699
17,676 15,025 (2,651)18,655 979 Utilities ‐ G&A 194,729 175,975 (18,754)186,987 (7,742)
10,404 10,404 0 10,200 (204)Management Fees 124,848 124,848 0 122,400 (2,448)
5,192 3,380 (1,812)6,262 1,071 Insurance ‐ P&C 64,230 47,623 (16,607)48,990 (15,240)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
338,512 213,296 (125,216)349,282 10,770 Total Other Operational Expenses 2,410,937 2,393,349 (17,588)2,515,730 104,794
================================================================================= ============================================================= ================
558,232 391,869 (166,363)521,466 (36,766)Total Expenses 4,478,265 4,406,003 (72,262)4,322,963 (155,302)
================================================================================= ============================================================= ================
(326,525)(229,638)(96,886) (301,802)(24,722)EBITDAR 101,100 (701,139)802,239 35,150 65,950
================================================================================= ============================================================= ================
(326,525)(229,638)(96,886) (301,802)(24,722)EBITDA 101,100 (701,139)802,239 35,150 65,950
Interest Expense/Dep&Amt
0 0 0 0 0 Other Expense 0 0 0 (343) (343)
0 0 0 0 0 Capital Improvements/Cap Reserve 27,500 0 (27,500)28,589 1,089
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
0 0 0 0 0 Total Interest Expense 27,500 0 (27,500)28,246 746
================================================================================= ============================================================= ================
(326,525)(229,638)(96,886) (301,802)(24,722)Net Income 73,600 (701,139)752,341 6,905 66,695
El Conquistador Golf Club
For the Month Ending June 30th, 2023
June YTD
ATTACHMENT DConsolidated Year-to-Date Financial Report through June 2023FY 2022/2023FundFY 22/23Beginning BalanceRevenueOther Fin Sources/Transfers InTotal In Personnel O&M CapitalDebt Service Transfers OutTotal OutFund Balance Through June 2023General Fund 30,390,425 55,351,205 55,351,205 33,318,117 11,736,691 778,172 15,996,977 61,829,956 23,911,674 Highway Fund 1,206,986 4,339,029 4,339,029 1,195,566 871,699 2,594,981 4,662,246 883,770 Grants and Contributions Fund 208,250 5,546,348 448,012 5,994,360 412,162 1,889,078 1,850,636 4,151,876 2,050,734 Seizure & Forfeiture - Justice/State 237,863 54,283 54,283 61,953 61,953 230,193 Community Center Fund 5,860,458 10,205,621 10,205,621 2,796,236 4,009,724 1,530,284 151,479 6,578,356 15,066,079 1,000,000 Municipal Debt Service Fund 164,136 248,418 4,200,971 4,449,389 8,748 4,331,059 4,339,807 273,718 Water Resource System & Dev. Impact Fee Fund 17,544,433 1,990,561 1,031,425 3,021,986 171,803 2,770,289 337,317 3,279,409 17,287,010 Townwide Roadway Dev Impact Fee Fund 1,939,688 216,403 216,403 4,175 4,175 2,151,916 Parks & Recreation Impact Fee Fund 509,474 148,815 148,815 1,948 1,948 656,341 Police Impact Fee Fund 132,559 51,880 51,880 557 121,500 122,057 62,382 Capital Fund 23,952,930 1,454,655 18,050,290 19,504,945 236,738 5,420 19,139,507 19,381,665 24,076,210 PAG/RTA Fund 873,366 607,440 607,440 48,775 651,420 700,195 780,611 Water Utility 12,628,510 17,841,135 1,850,636 19,691,771 3,519,674 9,108,708 1,890,444 4,643,045 2,440 19,164,311 13,155,970 Stormwater Utility 1,125,140 1,488,779 1,488,779 865,272 391,798 514,550 1,771,621 842,299 Benefit Self Insurance Fund 2,869,952 4,540,944 4,540,944 4,526,575 4,526,575 2,884,321 Recreation In-Lieu Fee Fund 16,617 91 91 - 16,708 Total 99,660,787 104,085,607 25,581,334 129,666,941 41,931,603 31,360,736 31,758,725 9,462,900 24,549,909 139,063,873 90,263,856
ATTACHMENT EGeneral Fund Local Sales Tax Collections FY 2022/23JULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNTOTALConstruction Sales Tax586,039 575,738 540,567 518,177 382,338 478,496 580,594 364,554 331,226 376,895 358,367 432,766 5,525,757 Utility Sales Tax317,210 371,973 356,012 334,868 295,825 266,797 293,200 333,721 320,870 270,869 245,486 302,123 3,708,954 Retail Sales Tax716,720 680,117 691,138 713,672 729,067 838,562 995,470 705,424 711,636 806,316 786,447 755,079 9,129,647 Bed Tax146,263 128,132 114,626 142,628 213,392 186,186 165,540 256,564 320,963 362,494 207,226 226,474 2,470,488 Restaurant & Bar Sales Tax186,438 180,577 199,405 204,482 205,881 227,422 246,520 215,557 281,190 281,567 256,102 236,540 2,721,681 All Other Local Sales Tax *210,893 199,992 202,571 205,672 240,009 259,665 291,232 268,511 287,294 315,096 259,556 258,710 2,999,201 Monthly Total 2,163,563$ 2,136,529$ 2,104,319$ 2,119,499$ 2,066,512$ 2,257,128$ 2,572,556$ 2,144,331$ 2,253,179$ 2,413,237$ 2,113,184$ 2,211,693$ 26,555,729$ Cumulative Total 2,163,563$ 4,300,092$ 6,404,411$ 8,523,910$ 10,590,421$ 12,847,549$ 15,420,105$ 17,564,436$ 19,817,615$ 22,230,852$ 24,344,036$ 26,555,729$ Monthly variance 240,939$ 225,525$ 51,037$ (287,250)$ (359,497)$ 200,346$ (232,225)$ (162,723)$ 241,115$ (99,504)$ (104,651)$ 36,341$ Cumulative variance240,939$ 466,464$ 517,501$ 230,250$ (129,247)$ 71,098$ (161,126)$ (323,849)$ (82,735)$ (182,239)$ (286,890)$ (250,549)$ FY 2021/22JULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNTOTALConstruction Sales Tax 441,038 419,552 651,924 906,165 509,231 436,821 829,833 525,234 491,178 601,856 466,142 582,006 6,860,980 Utility Sales Tax321,489 383,548 329,545 323,173 285,048 238,499 253,620 474,092 115,418 252,114 234,820 261,849 3,473,215 Retail Sales Tax 675,726 647,693 641,711 682,029 727,762 814,794 1,015,258 701,089 686,381 818,648 793,639 718,525 8,923,255 Bed Tax 130,217 117,012 93,538 108,884 392,162 157,378 205,021 181,927 257,471 321,178 247,836 171,705 2,384,329 Restaurant & Bar Sales Tax 172,386 162,947 172,178 195,482 227,724 191,664 226,775 199,622 206,978 233,228 226,654 219,474 2,435,113 All Other Local Sales Tax *181,767 180,252 164,385 191,016 284,083 217,626 274,274 225,090 254,639 285,717 248,743 221,793 2,729,386 Monthly Total 1,922,624$ 1,911,004$ 2,053,282$ 2,406,749$ 2,426,009$ 2,056,782$ 2,804,781$ 2,307,054$ 2,012,065$ 2,512,741$ 2,217,835$ 2,175,352$ 26,806,278$ Cumulative Total1,922,624$ 3,833,628$ 5,886,910$ 8,293,659$ 10,719,668$ 12,776,451$ 15,581,231$ 17,888,285$ 19,900,350$ 22,413,091$ 24,630,926$ 26,806,278$ *Does not include cable franchise fees or sales tax audit revenues
ATTACHMENT FGeneral Fund State Shared RevenuesFY 2022/23JULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNTOTALState Shared Income Tax 756,893 756,894 756,893 756,893 756,893 756,893 756,895 756,893 756,893 756,894 756,894 756,893 9,082,721 State Shared Sales Tax 308,350 462,557 664,529 559,547 823,170 575,594 246,387 1,007,946 568,981 656,403 601,331 602,722 7,077,517 County Auto Lieu 97,269 201,901 209,941 195,695 270,425 175,823 195,867 182,872 267,340 190,731 217,316 216,309 2,421,489 Smart and Safe- - - - - 126,622 - - - - - 145,164 271,786 Opioid Settlement- - - - - - - - 91,120 - 6,528 18,472 116,120 Monthly Total 1,162,512$ 1,421,352$ 1,631,363$ 1,512,135$ 1,850,488$ 1,634,932$ 1,199,149$ 1,947,711$ 1,684,334$ 1,604,028$ 1,582,069$ 1,739,561$ 18,969,634$ Cumulative Total 1,162,512$ 2,583,864$ 4,215,227$ 5,727,362$ 7,577,850$ 9,212,782$ 10,411,931$ 12,359,642$ 14,043,976$ 15,648,004$ 17,230,073$ 18,969,634$ Monthly variance 269,837$ 207,656$ 435,171$ 276,657$ 728,539$ 140,931$ (53,834)$ 786,088$ 423,354$ 183,564$ 375,255$ (121,345)$ Cumulative variance 269,837$ 477,493$ 912,664$ 1,189,322$ 1,917,861$ 2,058,792$ 2,004,958$ 2,791,046$ 3,214,400$ 3,397,964$ 3,773,219$ 3,651,873$ FY 2021/22JULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNTOTALState Shared Income Tax 500,637 500,637 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 6,174,404 State Shared Sales Tax 291,674 534,620 464,795 538,626 428,064 680,044 569,532 458,855 555,746 671,412 521,466 922,244 6,637,078 County Auto Lieu 100,364 178,439 214,084 179,539 176,572 183,593 166,138 185,396 187,906 231,739 168,035 298,521 2,270,326 Smart and Safe- - - - - 113,051 - 59 15 - - 122,828 235,953 Opioid Settlement- - - - - - - - - - - - - Monthly Total 892,675$ 1,213,696$ 1,196,192$ 1,235,478$ 1,121,949$ 1,494,001$ 1,252,983$ 1,161,623$ 1,260,980$ 1,420,464$ 1,206,814$ 1,860,906$ 15,317,760$ Cumulative Total 892,675$ 2,106,371$ 3,302,563$ 4,538,040$ 5,659,989$ 7,153,990$ 8,406,973$ 9,568,596$ 10,829,576$ 12,250,040$ 13,456,854$ 15,317,760$
Fiscal Year 2022/23
Financial Update
Through June 30, 2023
September 20, 2023
Highlights
Ended the fiscal year in strong financial condition
Revenues outperformed budget in the General Fund, Highway Fund and Community
Center Fund
Strong growth in state shared revenue
Expenditure savings in the General Fund and Community Center Fund
Local sales tax roughly flat to last fiscal year (budgeted 8% decline)
Restaurant & bar 11.8% growth
Utilities 6.8% growth
Bed tax 3.6% growth
Retail 2.3% growth
Construction 19.5% decline (budgeted 24% decline)
Budgeted Use of Fund Balance:
($13.8M)
Estimated Use of Fund Balance:
($6.5M)
Estimated Ending Fund
Balance: $23.9M
49.2% of budgeted expenditures
Exceeds Council 30% Policy by $9.4M
General Fund
General Fund Revenues – Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
108.1%$ 25,270,959 $ 27,319,039 $ 27,562,665 Local Sales Taxes
107.7%17,605,693 18,969,634 15,317,760 State Shared Revenues
118.8%2,223,824 2,643,013 2,390,080 Licenses & Permits
143.6%455,000 653,525 6,005,913 Grant Revenue
115.2%1,613,000 1,857,521 1,674,819 Intergovernmental Revenues
95.5%3,046,515 2,909,080 2,615,471 Charges for Services
190.7%524,000 999,393 573,713 Other
109.1%$ 50,738,991 $ 55,351,205 $ 56,140,422 Total
General Fund Uses – Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
95.5%$ 34,876,210 $ 33,318,117 $ 30,011,951 Personnel
99.4%11,809,548 11,736,691 20,569,888 Operations & Maintenance
45.7%1,702,936 778,172 622,749 Capital
97.3%16,446,977 15,996,977 6,262,832 Transfers Out
95.4%$ 64,835,671 $ 61,829,956 $ 57,467,420 Total
Budgeted Use of Fund Balance:
($489,089)
Estimated Use of Fund Balance:
($323,217)
Estimated Ending Fund
Balance: $883,770
Highway Fund
Highway Fund Revenues - Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
100.1%$ 4,127,100 $ 4,129,268 $ 3,979,751 State Shared Revenues
110.3%25,000 27,565 28,838 Licenses & Permits
1656.3%11,000 182,196 19,817 All Other
104.2%$ 4,163,100 $ 4,339,029 $ 4,028,407 Total
Highway Fund Expenditures – Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
99.4%$ 1,202,574 $ 1,195,566 $ 1,175,502 Personnel
105.8%823,615 871,699 604,387 Operations & Maintenance
98.8%2,626,000 2,594,981 2,255,650 Capital
100.2%$ 4,652,189 $ 4,662,246 $ 4,035,539 Total
Community Center Fund
Budgeted Use of Fund Balance:
($4.7M)
Estimated Use of Fund Balance:
($4.9M)
Estimated Ending Fund
Balance: $1M
Community Center Fund Revenues –Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
106.6%$ 3,477,236 $ 3,707,578 $ 3,514,400 Local Sales Tax
123.1%1,723,000 2,120,807 1,822,143 Memberships
129.9%2,327,819 3,024,566 3,060,920 Charges & Fees
137.0%817,230 1,119,793 1,009,045 Sales
143.7%162,050 232,878 206,163 Miscellaneous
120.0%$ 8,507,335 $ 10,205,621 $ 9,612,671 Total
Community Center Fund Uses –Year to Date
% of BudgetBudgetFY23
Actuals
FY22
Actuals
105.6%$ 2,648,408 $ 2,796,236 $ 2,376,587 Personnel
122.4%487,863 596,911 630,508 Food & Beverage
109.4%3,120,238 3,412,813 2,860,039 Operations & Maintenance
57.4%2,666,700 1,530,284 139,003 Capital Outlay
93.1%162,682 151,479 116,365 Debt Service
161.0%4,085,380 6,578,356 315,658 Transfers Out
114.4%$ 13,171,271 $ 15,066,079 $ 6,438,161 Total
Town Council Regular Session 2.
Meeting Date:09/20/2023
PIMA CONNECT MIDDLE MILE FIBER GRANT PRESENTATION
Subject
Presentation and possible discussion regarding the Pima Connect Middle Mile fiber project
Summary
Attachments
CONNECT PIMA GRANT PRESENTATION
Michelle Simon,
Deputy Director Support Services and Co-Chair Connect Pima
Javier Baca,
Pima County IT Director and Co-Chair Connect Pima
WHAT IS CONNECT PIMA?
Connect Pima’s mission is to ensure that everyone in Pima County has
affordable, reliable high-speed internet and the tools they need to successfully
participate in our society and economy.
Connect Pima uses a three-pronged approach to improve digital inclusion by
guiding:
➢The development of broadband infrastructure.
➢The implementation of digital literacy initiatives.
➢Increased access to devices and tools for connectivity throughout Pima County.
ACCESS IN PIMA COUNTY
Data from The National Telecommunications and Information Administration
(NTIA) shows large swaths of Pima County and metro-Tucson with broadband
rates below the Federal Communications Commission minimum standard.
According to a June 2021 report:
•85% of Pima County households had broadband of some type.
•12% had no internet access.
•8% had no computer, smartphone or tablet.
Connect Pima: Household Poverty and Internet Access by Block Group
WHAT IS DIGITAL INCLUSION?
Digital Inclusion refers to the activities necessary to ensure that all
individuals and communities, including the most disadvantaged, have
access to and use of Information and Communication Technologies (ICTs).
This includes five elements:
1.Affordable, robust broadband internet service.
2.Internet-enabled devices that meet the needs of the user.
3.Access to digital literacy training.
4.Quality technical support.
5.Applications and online content designed to enable and encourage
self-sufficiency, participation and collaboration.
DIGITAL INCLUSION
-- digitalinclusion.org
ENABLING MIDDLE MILE BROADBAND
INFRASTRUCTURE GRANT AWARD
Pima County awarded grant to increase broadband’s reach
The U.S. Commerce Department announced June 16, 2023, that Pima County will receive a
$30.3 million grant to expand high-speed internet infrastructure and increase internet access
for residents in unserved or underserved areas.
The five-year grant from the National Telecommunications Information Administration (NTIA)
will fund the creation of a 134-mile open access fiber ring around the county.
The grant requires the County and local partners to contribute nearly $13 million in local funds
or in-kind contributions, bringing the total budget for the project to more than $43 million.
PROJECT TIMELINE AND REQUIREMENTS
5-year project starting July 1, 2023.
National Environmental Policy Act (NEPA) and National Historic
Preservation Act (NHPA) requirements must be met before
construction.
Requests for proposals will be issued for subject matter experts for
environmental assessments and construction/management of the fiber
ring.
134-MILE
FIBER RING
COUNTY VOICES
Once in a lifetime opportunity to improve connectivity.
“We live in a digital age, and if you want to grow and prosper as a community,
everyone in the community needs to have access to the tools that bring opportunities
for success.”
-- County Administrator Jan Lesher
“When it comes to education, we shouldn’t have a system of haves and have nots,
and that’s the part of this grant that has me the most excited because it will give
struggling families access to tools that a lot of us take for granted.”
-- District 1 Supervisor Rex Scott
QUESTIONS??
Town Council Regular Session A.
Meeting Date:09/20/2023
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Minutes - September 6, 2023
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve (approve with the following changes), the September 6, 2023 minutes.
Attachments
9-6-23 Draft Minutes
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
SEPTEMBER 6, 2023
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 5:00 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor (attended via Zoom)
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
EXECUTIVE SESSION - 1. Pursuant to A.R.S. §38-431.03 (A)(3) to receive legal advice and consultation of
the consultant contract for Town Attorney services with the law firm of Mesch Clark Rothschild, P.C. 2.
Pursuant to A.R.S. §38-431.03 (A)(3) to receive legal advice and A.R.S. §38-431.03 (A)(4) - settlement
discussions regarding the case of Joplin v. Town of Oro Valley
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into
Executvie Session at 5:03 p.m., Pursuant to A.R.S. §38-431.03 (A)(3) to receive legal advice and
consultation of the consultant contract for Town Attorney services with the law firm of Mesch Clark
Rothschild, P.C. 2. Pursuant to A.R.S. §38-431.03 (A)(3) to receive legal advice and A.R.S. §38-431.03
(A)(4) - settlement discussions regarding the case of Joplin v. Town of Oro Valley.
Vote: 7 - 0 Carried
Mayor Winfield announced that the following staff would be joining Council in the Executive
Sessions: Town Manager Jeff Wilkins, Deputy Town Manager Chris Cornelison, Town Attorneys,
Legal Services Director Tobin Sidles, and Town Clerk Mike Standish.
RESUME REGULAR SESSSION AT OR AFTER 6:00 PM
CALL TO ORDER
9/6/23 Minutes, Oro Valley Town Council Regular Session 1
Mayor Winfield resumed the Regular Session at 6:06 p.m.
ROLL CALL
Present:Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor (attended via Zoom)
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
1.RESOLUTION NO. (R)23-32, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE TOWN
MANAGER TO SIGN, ON BEHALF OF THE TOWN, A RENEWAL FOR THE TOWN ATTORNEY
SERVICES CONTRACT WITH MESCH CLARK ROTHSCHILD, P.C.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to authorize the
Town Manager to sign on behalf of the Town, a renewal for the Town Attorney services contract with
Mesch Clark Rothschild P.C.
Vote: 6 - 1 Carried
OPPOSED: Councilmember Tim Bohen
2.DISCUSSION AND APPROVAL OF SETTLEMENT DIRECTION GIVEN TO THE TOWN'S LEGAL
COUNSEL IN EXECUTIVE SESSION REGARDING THE CASE OF JOPLIN V. TOWN OF ORO
VALLEY, AND AUTHORIZING THE LEGAL SERVICES DIRECTOR AND/OR TOWN MANAGER TO
SIGN NECESSARY DOCUMENTATION
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to authorize the
Legal Services Director and or Town Manager to sign necessary documentation related to the case of
Joplin V. Town of Oro Valley.
Vote: 7 - 0 Carried
PLEDGE OF ALLEGIANCE
Mayor Winfield led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Clerk Mike Standish announced the upcoming Town meetings.
MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS
Councilmember Greene reported that the parking lot for the Oro Valley Community Center had been
9/6/23 Minutes, Oro Valley Town Council Regular Session 2
Councilmember Greene reported that the parking lot for the Oro Valley Community Center had been
completed. Councilmember Greene also reported that the multi-use path, on the west side of La
Cañada, had been started.
Councilmember Jones-Ivey encouraged involvement and volunteerism for Project Graduation.
Mayor Winfield reported that he had attended the Southern Arizona Arts and Cultural Alliance, Salsa,
Tequila and Taco Challenge event, where three Oro Valley businesses placed first, second and third
for the taco challenge portion of the event.
TOWN MANAGER'S REPORT ON CURRENT EVENTS
Town Manager Jeff Wilkins reported that the Oro Valley Community Academy would commence on
October 10, 2023. Mr. Wilkins also shared a video as part of the Town's new video series called
"Behind the Scenes". The video series will highlight various operations within Town departments.
ORDER OF BUSINESS
Mayor Winfield reviewed the order of business and stated the order would stand as posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
Oro Valley resident Doug Dalby voiced his concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
Oro Valley resident Tricia Tozier voiced her concerns regarding the proposed Oro Valley Church of
the Nazarene rezoning request.
Oro Valley resident Anthony Ferrara voiced his concerns regarding the proposed Oro Valley Church
of the Nazarene rezoning request.
Oro Valley resident Tim Fagan voiced his concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
Oro Valley resident Marc Martinez voiced his concerns regarding alleged harassment that he
had received from neighbors concerning his property and home.
Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
Oro Valley resident Curt Riesberg voiced his concerns regarding the alleged non-dark sky issues in
Rancho Vistoso.
Mayor Winfield requested that staff follow-up with Mr. Riseberg regarding his concerns with a
streetlight shining in his backyard.
Oro Valley resident David Deivert voiced his concerns regarding the proposed Oro Valley Church of
the Nazarene rezoning request.
9/6/23 Minutes, Oro Valley Town Council Regular Session 3
Oro Valley resident Devin Smith voiced her concerns regarding the proposed Oro Valley Church of
the Nazarene rezoning request.
PRESENTATIONS
1.Proclamation - Constitution Week
Mayor Winfield proclaimed the week of September 17 through the 23, as Constitution week in the
Town of Oro Valley.
Ms. Penny Simon-Nielsen accepted the proclamation on behalf of the El Presidio Chapter, of the
National Society Daughters of the American Revolution.
2.Proclamation - Diaper Need Awareness Week
Mayor Winfield proclaimed September 18 through the 24 as Diaper Need Awareness Week in the
Town of Oro Valley.
Ms. Yevette Sykes, Interim CEO of the Arizona Diaper Bank, accepted the proclamation.
CONSENT AGENDA
A.Minutes - July 19, 2023
B.Resolution No. (R)23-33, authorizing and approving the transfer of Vistoso Trails Nature Preserve
conservation easement assignment from The Conservation Fund to Archeology Southwest
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve
Consent agenda items (A) an (B).
Mayor Winfield recognized representatives from the Conservation Fund and Archeology Southwest for
their stewardship of the project.
Vote: 7 - 0 Carried
REGULAR AGENDA
3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED 1,649
SQUARE FOOT DRIVE-THRU RESTAURANT LOCATED IN THE CANADA CROSSROADS
SHOPPING CENTER AT THE SOUTHWEST CORNER OF LAMBERT LANE AND LA CANADA
DRIVE. THE ITEMS INCLUDE:
ITEM A: CONDITIONAL USE PERMIT
ITEM B: CONCEPTUAL SITE AND LANDSCAPE PLANS AND REVISED MASTER DEVELOPMENT
PLAN
ITEM C: CONCEPTUAL ARCHITECTURE
Senior Planner Kyle Packer presented item #3 and included the following:
9/6/23 Minutes, Oro Valley Town Council Regular Session 4
Senior Planner Kyle Packer presented item #3 and included the following:
Zoning, History and Master Development Plan (MDP)
Item A: Conditional Use Permit
Item A: Conditional Use Permit - Compatibility
Item A: Conditional Use Permit - Distance and Time Requests
Item B: Development Plan and Landscape Plan
Item C: Conceptual Architecture
Review Criteria
Public Participation
Summary and Recommendations
Applicant Rory Juneman, representing the property owner, continued the presentation and included
the following:
Tropical Smoothie Cafe - Conditional Use Permit
Location Map
Current Development Plan
Original Site Plan & Architecture
Summary of Design Changes
Updated Site Plan
Parking, Traffic & Circulation
Drive-Thru Stacking
Drive-Thru Location
Drive-Thru Screening
Kiosk Speaker
Enhanced Landscaping & Seating
Trash and Loading
Renderings
Viewsheds
Residential Setback
Drive-Thru Demand Increasing
Request CUP Approval
Mayor Winfield opened the public hearing
The following individuals spoke in support of item #3.
Oro Valley resident Edward Yunkherr
Sumit Patel
The following individuals spoke in opposition of item #3.
Oro Valley resident Ann Rogan
Mayor Winfield closed the public hearing.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to approve
the Conditional Use Permit for the proposed drive-thru restaurant located in the Canada Crossroads
Shopping Center, subject to the conditions in Attachment 1, based on the finding that the request
complies with all applicable zoning code review criteria.
Attachment 1 - Conditions of Approval
An automatic gain control must be installed as part of the menu board speaker to prevent any
inadvertent increase in noise decibels that exceed Zoning Code standards.
1.
Noise thresholds may not exceed the levels established in the Noise Impact Study.2.
9/6/23 Minutes, Oro Valley Town Council Regular Session 5
Hours of operation for the drive-thru limited to 6am to 10pm.3.
No signage copy on the west side of the subject pad may be visible from on-site properties to
the west.
4.
No drive-thru signage copy may be visible to on-site properties to the south. The menu-board
shall be oriented and screened by screen wall and landscaping as depicted on site plan dated
July 2023.
5.
A small tree species with low mature canopy will be selected for all trees north of the building to
protect mountain views as seen from the restaurant patio to the northwest of this project.
6.
The use is limited to drive-thru businesses that require no more vehicle stacking capacity then
represented in the application. If the stacking capacity is significantly exceeded by any business,
the CUP is subject to reconsideration by Planning & Zoning Commission and Town Council.
7.
Discussion ensued amongst Council and Staff.
Vice Mayor Barrett requested the following amendment to the main motion: There will be no
pedestrian or employee walking routes or crosswalks within the drive through lane, except at the
vehicle entry and exit points. The southern and western area in between the parking curb and the
screen wall top will be vegetated at maximum capacity as determined by the Planning and Zoning
Administrator, in order to create a colorful garden presence as viewed from the adjacent restaurant
outdoor dining areas, and while preserving functionality as determined by the Planning and Zoning
Administrator and Town Engineer, the order kiosks must be moved closer to the pick-up window to
enlarge order kiosk approach cueing capacity.
Discussion continued amongst Council, staff and the applicant.
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve the
following amendment to the main motion: There will be no pedestrian or employee walking routes or
crosswalks within the drive through lane, except at the vehicle entry and exit points. The southern and
western area in between the parking curb and the screen wall top will be vegetated at maximum
capacity as determined by the Planning and Zoning Administrator, in order to create a colorful garden
presence as viewed from the adjacent restaurant outdoor dining areas, and while preserving
functionality as determined by the Planning and Zoning Administrator and Town Engineer, the order
kiosks must be moved closer to the pick-up window to enlarge order kiosk approach cueing capacity.
Discussion continued amongst Council and staff regarding item #3.
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve the
following amendment to the main motion: There will be no pedestrian or employee walking routes or
crosswalks within the drive-thru lane except at the vehicle entry and exit points. The southern and
western area in-between the parking curb and the screen wall top will be vegetated at maximum
capacity as determined by the Planning and Zoning Administrator, in order to create a colorful garden
presence as viewed from the adjacent restaurant outdoor dining areas. While preserving functionality
as determined by the Planning and Zoning Administrator and Town Engineer, the order kiosk must be
moved closer to the pick-up window to enlarge order kiosk approach queuing capacity.
Vote: 7 - 0 Carried
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to approve
the Conditional Use Permit for the proposed drive-thru restaurant located in the Canada Crossroads
Shopping Center, subject to the conditions in Attachment 1, based on the finding that the request
complies with all applicable zoning code review criteria.
Attachment 1 - Conditions of Approval
An automatic gain control must be installed as part of the menu board speaker to prevent any
inadvertent increase in noise decibels that exceed Zoning Code standards.
1.
Noise thresholds may not exceed the levels established in the Noise Impact Study.2.
9/6/23 Minutes, Oro Valley Town Council Regular Session 6
Noise thresholds may not exceed the levels established in the Noise Impact Study.2.
Hours of operation for the drive-thru limited to 6am to 10pm.3.
No signage copy on the west side of the subject pad may be visible from on-site properties to
the west.
4.
No drive-thru signage copy may be visible to on-site properties to the south. The menu-board
shall be oriented and screened by screen wall and landscaping as depicted on site plan dated
July 2023.
5.
A small tree species with low mature canopy will be selected for all trees north of the building to
protect mountain views as seen from the restaurant patio to the northwest of this project.
6.
The use is limited to drive-thru businesses that require no more vehicle stacking capacity then
represented in the application. If the stacking capacity is significantly exceeded by any business,
the CUP is subject to reconsideration by Planning & Zoning Commission and Town Council.
7.
Vote: 6 - 1 Carried
OPPOSED: Councilmember Tim Bohen
Motion by Councilmember Steve Solomon, seconded by Councilmember Josh Nicolson to approve
the Conceptual Site and Landscape Plan and Revised Master Development Plan for the proposed
drive-thru restaurant located in the Canada Crossroads Shopping Center, based on the finding that the
proposal complies with all Zoning Code criteria.
Vice Mayor Barrett requested an amendment to include; all plans must be updated to reflect new item
(A) conditions. Councilmember Solomon accepted the amendment, seconded by Councilmember
Nicolson.
Motion by Councilmember Steve Solomon, seconded by Councilmember Josh Nicolson FINAL
MOTION AS AMENDED, to approve the Conceptual Site and Landscape Plan and Revised Master
Development Plan for the proposed drive-thru restaurant located in the Canada Crossroads Shopping
Center, based on the finding that the proposal complies with all Zoning Code criteria. All plans must be
updated to reflect new item (A conditions.
Vote: 7 - 0 Carried
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to approve
the Conceptual Architecture for the proposed drive-thru restaurant located in the Canada Crossroads
Shopping Center, based on the finding that the request complies with all applicable Zoning Code
criteria.
Vote: 7 - 0 Carried
Mayor Winfield recessed the meeting at 8:09 p.m.
Mayor Winfield reconvened the meeting at 8:21 p.m.
4.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING TWO ITEMS RELATED
TO THE PROPOSED ANNEXATION OF APPROXIMATELY 36 ACRES AT THE SOUTHWEST
CORNER OF LA CAÑADA DRIVE AND W MOORE ROAD
ITEM A: ORDINANCE NO. (O)23-02, EXTENDING AND INCREASING THE CORPORATE LIMITS
OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF ARIZONA
REVISED STATUTES, TITLE 9, CHAPTER 4, ARTICLE 7, AND AMENDMENTS THERETO, BY
ANNEXING A CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING LIMITS OF THE TOWN OF
ORO VALLEY
ITEM B: ORDINANCE NO. (O)23-03, APPROVING A TRANSLATIONAL REZONING FROM PIMA
COUNTY SUBURBAN RANCH (SR) TO TOWN OF ORO VALLEY R1-144 (LARGE-LOT
9/6/23 Minutes, Oro Valley Town Council Regular Session 7
RESIDENTIAL)
Management Analyst Karl Shaddock presented item #4 and included the following:
Process: Possible Annexation and Subsequent Rezoning
Item A: Annexation Criteria
Item A: Annexation Considerations
Item A: Annexation Process
Item B: Translational Rezoning
Paul Oland of Paradigm Land Design LLC, and representing the property owner, continued the
presentation and provided a review of the proposed annexation.
Mike Jones of Insight Homes was present and available to answer any questions.
Mayor Winfield opened the public hearing.
The following individual spoke is support of item #4.
Oro Valley resident Sheri Butman
Mayor Winfield closed the public hearing.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to approve
Ordinance No. (O)23-02, extending and increasing the corporate limits of the Town of Oro Valley,
Arizona, pursuant to the provisions of Arizona Revised Statutes, Title 9, Chapter 4, Article 7, and
amendments thereto, by annexing certain territory contiguous to the existing limits of the Town of Oro
Valley, known as the 36-acres at the southwest corner of La Cañada Drive and W Moore Road
annexation area.
Vote: 7 - 0 Carried
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to approve
Ordinance No. (O)23-03, the translational rezoning of the entire property from Pima County SR to
Town of Oro Valley R1-144
Vote: 7 - 0 Carried
FUTURE AGENDA ITEMS
No future agenda items were requested.
ADJOURNMENT
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to adjourn the
meeting at 8:38 p.m.
Vote: 7 - 0 Carried
___________________________________________________
9/6/23 Minutes, Oro Valley Town Council Regular Session 8
___________________________________________________
Michelle Stine, MMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the
Town of Oro Valley Council of Oro Valley, Arizona held on the 6th day of September 2023. I further certify that the
meeting was duly called and held and that a quorum was present.
___________________________________________________
Michael Standish, CMC
Town Clerk
9/6/23 Minutes, Oro Valley Town Council Regular Session 9
Town Council Regular Session B.
Meeting Date:09/20/2023
Requested by: Cherie Odeski Submitted By:Cherie Odeski, Town Manager's Office
Department:Town Manager's Office
SUBJECT:
Resolution No. (R)23-34, authorizing and approving the Communications Site Lease Agreement between Dish
Wireless, LLC and the Town of Oro Valley for the purpose of constructing, installing, maintaining, replacing,
improving and operating a communications facility
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Dish Wireless, LLC is interested in obtaining a ground lease in the Town of Oro Valley right-of-way to provide
wireless services. Dish Wireless is asking to place a 7' by 14' box at the Southwest corner of Tangerine and
Copper Creek roads. This box will be located some distance from the roadway. The box will be connected to a
nearby Tucson Electric Power pole where Dish Wireless will install their equipment.
The proposed ground lease will be for $18,000, annually, with 3% annual escalators, for a period of five (5) years.
The proposed contract is the second highest government pricing, trailing only the City of Tucson (Pima County,
Pima College, Marana, and Sahuarita are all less, also with 3% annual escalators).
BACKGROUND OR DETAILED INFORMATION:
The attached proposed lease will allow the Town to receive revenue and limit disruption to other areas of the
community.
FISCAL IMPACT:
The revenue collected will be $18,000 per year, paid on a monthly basis.
SUGGESTED MOTION:
I MOVE to (Approve/Deny) Resolution No. (R)23-34, authorizing the Communications Site Lease Agreement
between Dish Wiresless, LLC and the Town of Oro Valley.
Attachments
(R)23-34 Resolution
Wireless Facilities Site License Agreement
RESOLUTION NO. (R)23-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING A
WIRELESS FACILITY SITE LICENSE AGREEMENT BETWEEN
THE TOWN OF ORO VALLEY AND DISH WIRELESS, LLC, TO
ALLOW DISH WIRELESS, LLC, TO CONSTRUCT A WIRELESS
COMMUNICATIONS FACILITY IN TOWN RIGHT-OF-WAY;
AND DIRECTING THE TOWN MANAGER, TOWN CLERK,
TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY
AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS
NECESSARY TO CARRY OUT THE PURPOSES AND INTENT
OF THIS RESOLUTION
WHEREAS, the Town of Oro Valley (the Town) desires to facilitate the placement of
wireless communications facilities within the boundaries of the Town to enable
communications companies to provide reliable wireless communications services to
Town residents; and
WHEREAS, the Town owns real property located at the southwest corner of Copper
Creek Drive and Tangerine Road, within the Tangerine Road right-of-way (the Property);
and
WHEREAS, Dish Wireless, LLC, desires to build a wireless communications facility on
the Property; and
WHEREAS, the antennae for Dish Wireless, LLC’s proposed wireless communications
facility will be located on a Tucson Electric Power pole, while the ground equipment will
be located in the Town’s right-of-way; and
WHEREAS, it is in the best interest of the Town to authorize and approve the Wireless
Facility Site License Agreement, attached hereto as Exhibit “A”, to allow Dish Wireless,
LLC, to build a wireless communications facility on the Property.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, that:
SECTION 1. The Wireless Facility Site License Agreement, attached
hereto as Exhibit “A”, to allow Dish Wireless, LLC, to build a wireless
communications facility at the southwest corner of Copper Creek Drive
and Tangerine Road, within the Tangerine Road right-of-way, is hereby
approved.
SECTION 2. The Mayor and other administrative officials of the Town of
Oro Valley are hereby authorized to take such steps as necessary to
execute and implement the terms of the Agreement.
SECTION 3. the Town Manager, Town Clerk, Town Legal Services
Director, or their duly authorized officers and agents are hereby authorized
and directed to take all steps necessary to carry out the purposes and intent
of this resolution.
SECTION 4. All Oro Valley resolutions or motions and parts of
resolutions or motions of the Council in conflict with the provision of this
Resolution are hereby repealed.
SECTION 5. If any section, subsection, sentence, clause, phrase or
portion of this Resolution or the Wireless Facility Site License Agreement,
attached hereto as Exhibit “A” is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
thereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 20th day of September 2023.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
WIRELESS FACILITIES SITE LICENSE, No.
THIS WIRELESS FACILITIES SITE LICENSE (hereinafter “License”) is dated this
____ day of _______________, 2023, and is between the Town of Oro Valley, an Arizona
Municipal corporation (“Town”), and DISH Wireless L.L.C, a Colorado limited liability company
(“Licensee”). The Town and the Licensee constitute the “Parties” to this License. The granting of
this License by the Town is conditioned upon the Licensee obtaining all required and approved
permits by and from the Town. The License Effective Date shall be the date by which this License
is fully executed by the Parties. This License incorporates Exhibits A, B and C as attached hereto,
respectively the Town property legal description, the Premises legal description and Licensee
Application.
1. Property. The Town owns real property located at the southwest corner of Copper
Creek Drive and Tangerine Road and witin the Tangerine Road right-of-way, Oro Valley, Arizona
85737, as more particularly described on the attached Exhibit A (the “Property”). Subject to the
following terms and conditions, the Town grants a non-exclusive License to Licensee for
utilization of a portion of the Property, in a manne r as generally defined in the following Section
2, with the specific affected portion of the Property depicted in the attached Exhibit B (hereinafter
the “Premises”). The Town also grants to Licensee and its agents and contractors a non-exclusive
right during the term of this License for ingress and egress on the Premises. Upon completion of a
survey as required in the following Section 7(b), a depiction of the Premises and the location for
ingress and egress shall be identified in the survey and shall be included in Exhibit B. In the event
of any conflict, the depiction in the survey shall control as the description of the Premises.
2. Use. With the exception of any real or personal property not owned by the Town
and located on or within the Premises, Licensee shall have the non-exclusive right to use the
Premises for the purpose of designing, constructing, installing, maintaining, replacing, improving
and operating, at Licensee’s sole expense, a wireless facility, including towers, antennae, buildings
and incidental uses (collectively the “Wireless Facility”), consistent with all of the applicable
ordinances and regulations promulgated by the Town, applicable statutes of the State of Arizona
and applicable regulations of the Federal Government. Licensee’s rights shall be exclusive as to
that portion of the Premises occupied by the Licensee’s equipment, and non-exclusive as to the
remainder of the Property. Town agrees to cooperate with Licensee in obtaining, at Licensee’s
expense, all licenses and permits required for Licensee’s use of the Premises (“Governmental
Approvals”).
3. Initial Term. The initial term of this License shall be five (5) years, commencing
upon receipt of written notice and acknowledgement by the Town of the first (1st) day of the month
following the commencement of Licensee’s installation of the Wireless Facility (the
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“Commencement Date”) and terminating at midnight on the fifth anniversary of the
Commencement Date (the “Initial Term”).
4. Renewal Term. The Initial Term of this License may renew for up to three (3)
additional renewal terms of five (5) years each (each five (5) year renewal increment a “Renewal
Term”) at the same terms and conditions, unless amended by the parties, as set forth in this
License, excepting that the Fee in any Renewal Term shall be adjusted as specified in paragraph
5(c). Any Renewal Term granted by the Town shall be evidenced by a written amendment to the
License and executed by the parties.
5. Fee.
a. Beginning on thefirst day of the calendar month that Licensee
commencesoperation at the Premises(the“Fee Commencement Date”) for the Initial Term
of this License, Licensee shall pay the Town the annual sum of $18,000.00, paid in twelve
equal monthly installments as consideration (hereinafter the “Fee”) At commencement of
each Renewal Term, the Fee shall increase by an amount equal to three percent (3%) for
each Renewal Term. The first Fee payment will be forwarded by Licensee to the Town
within forty-five (45) days after the Commencement Date, with subsequent Fee payments
payable on the first day of each month, in advance, at Town’s notice address as specified
below. The Fee shall be prorated for any partial month, at the commencement or revocation
of this License, based upon the number of days in that month. Licensee shall be entitled to
apply dollar for dollar to the first month(s) Fee any Option Fee paid to Town pursuant to
an Option to License (if any) and the dollar cost of any improvement to the site that shall
remain property of the Town (if any).
b. In the event of revocation by the Town for any reason other than
nonpayment of the Fee or License breach, any prorated prepaid Fee shall be refunded to
Licensee.
c. The Fee shall increase as set forth in Section 5(a) during each Renewal
Term. If the Commencement Date falls on any day other than the first of the month, the
Fee escalation shall be applied on the first day of the month following the applicable
anniversary of the Commencement Date.
6. Town Representations and Warranties. As it relates to the Town’s real and personal
property at or on the Premises, the Town represents and warrants to the best of its knowledge that
(i) Licensee’s intended use of the Premises is not prohibited by any covenant, restriction, easement,
subdivision rule or other contract which would prohibit Licensee’s intended use of the Premises;
and (ii) there are no easements, licenses, rights of use or other encumbrances on the Premises
which will interfere with Licensee’s intended use of the Premises.
7. Conditions Precedent. Licensee’s obligation to perform under this License shall be
subject to and conditioned upon, but not necessarily limited to:
a. Licensee obtaining, at its option, a title report from a title insurance
company of Licensee’s choice which must show no defects or restrictions of title or any
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liens or encumbrances which may adversely affect Licensee’s use of the Premises or
Licensee’s ability to obtain financing.
b. Licensee obtaining a survey, soil borings and analysis tests which shall
show no defects which, in the opinion of the Licensee, may adversely affect Licensee’s use
of the Premises.
c. Licensee’s approval of the condition of the Premises on or before the
Commencement Date, which may be subject to, at Licensee’s option, and with prior Town
approval, an environmental audit of the Premises performed by an environmental
consulting firm of Licensee’s choice.
8. Conditions Subsequent.
a. In the event that Licensee’s intended use of the Premises is actually
prohibited, or the Premises are, in Licensee’s sole opinion, unacceptable to Licensee for its
intended use, Licensee may immediately terminate this License by providing written notice
to the Town, whereupon this License shall be of no further force or effect.
b. In the event that Licensee is installing a Wireless Facility in an existing
Town sports field lighting system, Licensee will replace any existing Town pole with a
new condition pole as needed for Licensee’s Wireless Facility. Licensee shall incur all cost
for design, purchase and installation of the replacement pole, and own the replacement pole
while this License is in effect. Upon the expiration or revocation of this License, ownership
in full of the replacement pole shall revert to the Town. During the term of this License,
the Town shall continue to be responsible for maintenance of the sports field lighting
system, including sports field lighting on Licensee’s replacement pole, after initial
construction of the Wireless Facility is complete. The Town will therefore have
unrestricted access to Licensee’s replacement pole for purposes of repair and maintenance
to the Town’s sports field lighting system, subject to the terms of this License.
c. In the event the location of the Wireless Facility interferes with other Town
projects to include, but not limited to, roadway widening, Licensee shall pay all applicable
costs associated for removal and relocation of the Wireless Facility, subject to the
following requirements: (i) such relocation will be performed exclusively by Licensee or
its agents; (ii) the Town shall provide Licensee not less than one hundred eighty (180) days
prior written notice of the proposed relocation; and (iii) following the revocation, Town
may agree to permit Licensee to place temporary transmission and reception facilities on
the Premises, or at a location adjacent to the Premises which is reasonably acceptable to
Town and Licensee, for a period of up to twelve (12) months, but only until such time as
Licensee is able to activate a permanent replacement transmission facility at another
location, and such temporary facilities will be governed by all of the terms and conditions
of this License, including the Fee. The Town shall endeavor to process expeditiously all
applications and permits required for the proposed new location.
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9. Interference.
a. Licensee agrees to install equipment only of types and generating
frequencies which shall not interfere with the communications transmissions of the Town,
or in the event of any such subsequently discovered interference, Licensee shall provide a
detailed interference analysis showing potential conflicts between Licensee’s frequencies
and those of the Town’s including, but not limited to, Police and Fire protection
communications. In the event Licensee’s equipment causes such interference, Licensee
will take all steps necessary to timely correct and eliminate the interference. If the
interference cannot be eliminated within forty- eight (48) hours after receipt of written
notice from Town to Licensee, Licensee shall temporarily disconnect the electric power
and shut down the equipment until all interference is remedied (except for intermittent
operation for the purpose of testing, after performing maintenance, repair, modification,
replacement or other action taken for the purpose of correcting such interference).If such
interference is not corrected within thirty (30) calendar days after receipt of the written
notice, Licensee agrees to remove the equipment from the Premises and this License shall
be revoked as if by expiration.
b. The Town will not, nor will the Town permit its employees, tenants,
licensees, invitees, agents or independent contractors to interfere with (i) Licensee’s
equipment or the Wireless Facility, (ii) the operations of Licensee, or (iii) the rights of
Licensee under this License. Town will cause any such interference to cease within
seventy- two (72) hours after receipt of notice of interference from Licensee. In the event
any such interference does not cease within the aforementioned cure period; Town shall
cease all operations which are suspected of causing interference (except for intermittent
testing to determine the cause of such interference) until the interference has been
corrected.
10. Improvements; Utilities; Access.
a. The Wireless Facility placed on the Premises shall remain the exclusive
property of the Licensee, and Licensee shall have the obligation to completely remove the
Wireless Facility at License expiration or revocation. Within ninety (90) calendar days
following any termination of this License, Licensee shall remove all of Licensee’s above-
ground improvements and Licensee will, to the extent reasonable, restore the Premises to
its original condition at the commencement of this License, reasonable wear and tear and
loss by casualty or other causes beyond Licensee’s control excepted. Notwithstanding the
foregoing, Licensee may not be required, at the Town’s sole discretion, to remove from the
Premises any structural steel or any foundations or underground utilities to a depth that is
in compliance with Town Building Code. Licensee is responsible for determining whether
utilities adequate for Licensee’s intended use of the Premises are presently available.
Further, from time to time, if Licensee shall have the need to install or upgrade utilities,
with such installation or upgrade at Licensee’s expense, and/or to improve in any way
present utilities on the Premises, Licensee shall first obtain the appropriate prior written
approval of the Town as Licensor, separate and distinct from any additional approvals that
are
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necessary under the Town’s regulatory authority. Once Licensee has obtained all
required written approvals from the Town, Licensee shall have the right to bring utilities
under the Premises in order to provide utility service to the Wireless Facility throughout
the Initial Term or any Renewal Term of this License.
b. Unless otherwise directed or required by the Town, Licensee shall have
access to the Premises and the Wireless Facility twenty-four hours a day, seven days a
week.
c. In addition to other possible Town parties, Licensee shall coordinate
maintenance of the Wireless Facility with the Oro Valley Police Department so that
maintenance traffic does not unreasonably interfere with Town business and/or traffic,
provided the Town provides Licensee prior written notice of the Town’s request for
coordination.
11. License Termination or Revocation. Except as otherwise provided, this License
may be terminated, without any penalty or further liability, immediately upon written notice or as
otherwise provided below, as follows:
a. By either party upon a default of any covenant or term of this License by
the other party in which said default is not cured within thirty (30) calendar days of receipt
of written notice of default (without, however, limiting any other rights available to the
parties pursuant to any other provisions of this License). However, no such default will be
deemed to exist if the defaulting party has commenced to cure such default within such
period and provided that such efforts are prosecuted to completion with reasonable
diligence.
b. By Licensee if it is unable to obtain or maintain any license, permit or other
Governmental Approval necessary for the construction and/or operation of the Wireless
Facility or Licensee’s business or intended use of the Premises;
c. By Licensee if the Premises or Wireless Facility is significantly damaged
so as to substantially hinder the effective use of the Wireless Facility in Licensee’s sole
judgment or in the event that interference, whether or not from Town’s a ctivities or any
other source, to transmissions or signals from the Wireless Facility, in Licensee’s sole
judgment, may not be adequately corrected or eliminated;
d. By Licensee, if, in Licensee’s sole judgment, network design or technology
changes render the Wireless Facility obsolete or unnecessary;
e. By Licensee upon sixty (60) calendar days prior written notice to the Town
for no reason, so long as Licensee pays the Town a termination fee equal to three (3)
months’ License Fee, at the then-current rate, provided, however, that no such termination
fee will be payable on account of the termination of this License by Licensee under any
termination provision contained in any other Section of this License, including the
following: Section 5 Approvals, Section 7 Conditions Precedent, Section 8 Conditions
Subsequent, Section 12(a) License Revocation, Section 12(b) License Revocation, Section
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12(c) License Revocation, Section 12(d) License Revocation, Section 15 Environmental
Matters;
f. By the Town in the event of Licensee’s failure to remit payment to the Town
in compliance with Section 5(a) herein, and such failure continues for a period of thirty
(30) days following Licensee’s receipt of written notice of such failure;
g. By the Town if Licensee it is unable to obtain or maintain any license,
permit or other Governmental Approval necessary for the construction and/or operation of
the Wireless Facility or Licensee's business or intended use of the Premises;
h. Upon Licensee’s termination of this License, Licensee shall pay the Town
a revocation fee equal to three(3) months’ License Fee, at the thencurrent rate, provided,
however, that no such revocation fee will be payable on account of the revocation of this
License by the Town under any revocation provision contained in any other Section of
this License, including the following: Section 5 Approvals, Section 7 Conditions
Precedent, Section 8 Conditions Subsequent, Section 12(a)LicenseRevocation, Section
12(b)LicenseRevocation, Section 12(c) License Revocation, Section 12(d) License
Revocation, Section 15 Environmental Matters;
12. License to Other Party. Licensee shall not be permitted to grant a license for the
Premises to any other party in whole or in part without the express prior written approval of the
Town, which approval shall not be unreasonably withheld, conditioned or delayed. The restrictions
within this Section 13 shall not limit or otherwise restrict the assignment of this License, as
described in Section 25 below.
13. Taxes. Licensee shall pay any personal property taxes assessed on, and/or any
portion of such taxes attributable to, the Wireless Facility.
14. Public Liability and Property Damage Insurance. Licensee shall, at Licensee's
sole expense, purchase and maintainin full force and effect throughout the Initial Term of this
License, and any Renewal Terms or extensions thereof, such public liability and property
damage policies as set forth below. All such policies carried by Licensee shall contain an
endorsement naming the Town as additional insured. Such policy or policies may be through a
blanket policy covering other locations, will provide not less than acombined single limit of
$1,000,000 and will contain an endorsement naming the Town as additional insured. Insurance
required herein shall not, be canceled, without thirty (30) days prior written notice to the Town.
15. Commercial General Liability. Licensee shall maintain commercial general
liability insurance with a limit of not less than $1,000,000.00 for each occurrence with a
$2,000,000.00 products/completed operations aggregate and a $2,000,000.00 general aggregate
limit. The policy shall include coverage for bodily injury, broad form property damage, personal
injury, products and completed operations and blanket contractual coverage including, but not
limited to, the liability assumed under the indemnification provisions of this License.
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a. The commercial general liability additional insured endorsement shall
include coverage for Licensee’s operations and products and completed operations. In addition,
such policy shall contain a severability of interest provision, and shall not contain a sunset
provision or commutation clause, or any provision that would serve to limit third party action
over claims.
16. Certificates of Insurance. Prior to commencing work or services under this License,
Licensee shall furnish the Town with certificates of insuranceincluding formal endorsements as
required by the Town, issued by the Licensee’s insurer(s), as evidence that policies providing the
required coverages, conditions and limits required by this License are in full force and effect. All
certificates of insurance shall be identified with License title and Town’s license number and shall
contain an endorsement adding the Town of Oro Valley as an additional insured.
17. Renewal. If a policy does expire during the life of the License, a renewal certificate
must be sent by the Licensee to the Town on or before the expiration date. Failure to comply with
this requirement may be, at the Town’s discretion, considered a License breach.
18. Cancellation and expiration notice . Insurance required herein shall not,be canceled,
without thirty (30) calendar days prior written notice to the Town.
19. Damage, Destruction and Condemnation. If the Premises is damaged or destroyed,
condemned in whole or in part, or if a governmental order requires removal of the Improvements,
Licensee shall have the right to construct, install, operate, and maintain temporary facilities on the
Premises, in a suitable location that does not interfere with repair or reconstruction efforts as may
be approved by Town at Town’s sole and absolute discretion.
20. Environmental Matters.
a. Town Obligations. Town represents that, to the best of Town’s knowledge,
no Hazardous Materials are presently located on the Premises or the Property, and To wn
agrees that it will provide, at no cost or expense to Licensee, for the removal of any
Hazardous Materials if Hazardous Materials are present on the Premises or the Property as
of the Effective Date of this License or if Hazardous Materials are brought onto the
Premises or Property by the Town, its agents, servants, employees, licensees, invitees or
contractors during the Initial Term or any Renewal Terms of this License. If, after Licensee
takes possession of the Premises, Hazardous Materials are discovered to exist on, under or
beneath the Premises that were not the responsibility of Licensee, Licensee may revoke
this License and Licensee shall owe no further duties, obligations or liability to the Town.
b. Licensee’s Obligations. Licensee shall comply with all laws, ordinances,
rules, orders or regulations applicable to Hazardous Materials. Licensee shall not use the
Premises or the Property for treatment, storage, transportation to or from, use or disposal
of Hazardous Materials (other than petroleum products necessary for the operation of an
emergency electrical generator to serve the Wireless Facility). Licensee shall be
responsible for any expense incident to the abatement or compliance with the requirements
of any federal, state or local statutory or regulatory requirements related to the treatment,
storage, transportation to or from, use or disposal of Hazardous Materials caused directly
KDC
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Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
or indirectly, by the activities of the Licensee or Licensee’s agents, employees or
contractors.
c. As used in this License, “Hazardous Materials” shall mean any and all
polychlorinated biphenyls, petroleum products, asbestos, urea formaldehyde and other
hazardous or toxic materials, wastes or substances, any pollutants, and/or contaminants, or
any other similar substances or materials which are defined or identified as such in or
regulated by any federal, state or local laws, rules or regulations (whether now existing or
hereinaft.er enacted) pertaining to environmental regulations, contamination, cleanup or
any judicial or administrative interpretation of such laws, rules or regulations or any
substance that aft.er release into the environment and upon exposure, ingestion, inhalation
or assimilation, either directly from the environment or directly through food chains will
or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer
or genetic abnormalities.
21. Hold Harmless & Indemnification.Town agrees to defend, indemnify and hold the
Licensee harmless from and against any and all claims, costs (including reasonable attorney fees)
and liabilities arising from Town’s negligence. Licensee agrees to defend, indemnify and hold the
Town harmless from and against any and all claims, costs (including reasonable attorney fees) and
liabilities arising from Licensee's use or occupancy of the Premises ,or from Licensee’s
performance or failure to perform under this License, or from the presence of any Hazardous
Materials on the Premises prior to the Commencement Date, or thereafter if brought onto the
Premises by Licensee’s agents, employees, invitees or contractors. Licensee agrees to indemnify,
defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions,
officials, officers and employees individually and collectively from all losses, claims, suits,
demands, expenses, subrogations, attorney’s fees or actions of any kind and nature arising out of
the Licensee’s negligence or any subcontractor employed by the Licensee including bodily injury
and death, damages to any property or any other losses, claims, suits, demands and/or expenses
arising or alleged to have arisen out of the work performed, except any injury or damages arising
out ofthesolenegligenceofthe Town, its officers, agents oremployees.The amount and type of
insurance coverage requirements set forth herein will in no way beconstrued as limiting the scope
of indemnity in this paragraph.
22. Wireless Facility Hold Harmless. In addition to the foregoing, Licensee will hold the Town
harmless in the even that Licensee’s Wireless facility and/or communications systems are in any
way affected by any other Town licensee or any third party.
23. Notices. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, by certified mail, return
receipt requested, or by overnight service having a record of receipt to the addresses indicated
below:
If to Town:
Chief Innovation and Technology Officer
Town of Oro Valley 11000 N. La Canada Drive
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Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
Oro Valley, Arizona 85737
Cc: Director of Legal Services
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Chief Procurement Officer
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
If to Licensee:
DISH Wireless L.L.C
Attn: Lease Administration
5701 South Santa Fe Blvd
Littleton, CO 80120
A copy sent to the Legal Department is an administrative step which alone does not constitute
legal notice.
24. Title. The Town warrants it has the full right, power and authority to execute this
License and that it has good and unencumbered title to the Premises free and clear of any liens,
encumbrances or mortgages.
KDC
10
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
25. Assignment. Neither Party may assign or otherwise transfer any of its rights or
obligations under this License to any third party without the prior written approval of the other
Party, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding
the foregoing, either Party may assign or transfer some or all of its rights and/or obligations under
the License to: (i) any person or entity, directly or indirectly, controlling, controlled by, or under
common control with such Party, in each case for so long as such control continues (“Affiliates”);
(ii) a successor entity to its business, whether by merger, consolidation, reorganization, or by sale
of all or substantially all of its assets or stock; (iii) any entity in which a Party or its Affiliates have
any direct or indirect equity investment; and/or (iv) any other entity directly or indirectly
controlling, controlled by or under common control with any of the foregoing, and in each case,
such assignment, transfer or other such transaction shall not be considered an assignment under
this Section 25 requiring consent and the non-assigning Party shall have no right to delay, alter or
impede such assignment or transfer.
26. Successors, and Assigns. This License shall be binding upon and inure to the benefit
of the parties, their respective heirs, successors, personal representatives and assigns.
27. Waiver of Town Lien. The Town hereby waives any and all lien rights it may have,
statutory or otherwise, in and to the Wireless Facility or any portion thereof, regardless of whether
or not same is deemed real or personal property under applicable laws.
28. Holding Over. In the event Licensee remains in possession of the Premises after the
expiration of the Initial Term or a Renewal Term without executing a new License, Licensee shall
occupy the Premises on a month-to-month basis, subject to all of the terms and conditions of this
License.
29. Estoppel. Each party agrees to furnish to the other, within thirty (30) days after
request, such truthful estoppel information as the other may reasonably request.
30. Miscellaneous.
a. The prevailing party in any litigation arising under this License shall be
entitled to its reasonable attorney’s fees and court costs.
b. This License constitutes the entire License and understanding of the Town
and Licensee, and supersedes all offers, negotiations and other Licenses. Any amendments
to this License must be in writing and executed by the Town and Licensee.
c. If either the Town or Licensee is represented by a real estate broker or agent
in this transaction, that party shall be fully responsible for any fees or commission due such
broker or agent and shall hold harmless the other party from any such claims arising from
execution of this License.
d. The Town agrees to cooperate with Licensee in executing any documents
necessary to protect Licensee’s rights under this License or Licensee’s use of the Premises.
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Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
e. This License shall be construed in accordance with the laws of the state of
Arizona, and the venue for any legal action shall be in the Superior Court of Arizona
located in Pima County.
f. If any term of this License is found to be void or invalid, such invalidity
shall not affect the remaining terms of this License, which shall continue in full force and
effect.
g. Each of the undersigned warrants that he or she has the full right, power,
and authority to execute this License on behalf of the party indicated.
31. Conflict of Interest. Licensee stipulates that its officers and employees do not now
have a conflict of interest and it further agrees for itself, its officers, and its employees that it will
not contract for or accept employment for the performance of any work or services with any work
or services with any individual business, corporation, or government unit that would create a
conflict of interest in the performance of its obligations pursuant to this License. The provisions
of Arizona Revised Statutes, Title 38, Article 5, “conflict of interest of officers and employees,”
apply to this License.
32. Waiver. The failure of either party of this License to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this License shall not be
construed as a waiver thereof, a future breach, or subsequent wrongful conduct.
33. Waiver of liability. If applicable during any term or renewal of this License,
neither Town nor Licensee shall be responsible or liable to the other party for any loss or damage
arising from any claim to the extent attributable to any acts or omissions of other licensees or
tower users occupying the Wireless Facility or vandalism or for any structural or power failures
or destruction or damage to the Wireless Facility except to he extent caused by the negligence or
willful misconduct of such party notwithstanding anything to the contrary in this License. Town
and Licensee each hereby waive the right to recover, incidental, consequential (including lost
profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages.
[Remainder of page intentionally blank; signature pages follow]
KDC
12
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
IN WITNESS WHEREOF, the parties have caused this License to be effective as of the
last date written below.
TOWN OF ORO VALLEY
_______________________________________
Joseph C. Winfield, Mayor
ATTEST:
Michael Standish, Oro Valley Town Clerk
Date:
APPROVED AS TO FORM:
Tobin Sidles, Legal Services Director
Date:
DISH WIRELESS L.L.C
By:
Print Name:
Its:
Date:
My Commission Expires: _________________
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
EXHIBIT A
Property Description
The southwest corner of Copper Creek Drive and Tangerine Road and within the Tangerine Road
right-of-way, Oro Valley, Arizona 85737.
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
Exhibit "B"
Depiction of Premises
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
WEST TANGERINE ROAD (E) EDGE OF PAVEMENT
EXISTING 56.4' AGL UTILITY POLE
OHE 55.4' AGL, 49.8' AGL,
46.8' AGL, 43.8' AGL
CENTER OF GEODETIC COORDINATES
LAT.= 32° 25' 24.88" NORTH
32.423578 NORTH
LON.= 110° 59' 35.07" WEST
110.993076 WEST
ELEV. @ GROUND =2795.4'
WV
F
V
ET
FV
FV
FO
ET
F
O
F
O
F
O
F
O
2791.0 EP 2792.8 EP
2795.1 EP 2795.7 EP
2792.3 TBC
2792.6 TBC
2795.2 TBC
2795.6 TBC
2800.8 EP 2799.8 EP 2799.0 EP
2797.1 EP
15' TREE
15' TREE
2792.4 SW15' T.E.P. EASEMENT(DKT.8574, PG.955) 2801.5 CS
2795.3 EP
NORTH COPPER CREEK DRIVE 2794.9 NG
2795.9 NG
2794.9 NG
2794.3 NG
2797.3 NG
2799.1 NG 2799.5 NG 2800.3 NG 2800.8 NG2799
2797
2795
2793
279
9 279827972
7
9
6
279
5
279527942800
2798
2796
2794
2792
2800.9 NG
2795.4 NG
(E) BACK OF CURB(E) BACK OF SIDEWALK(E) TOP OF CONTOUR(E) TOP OF CONTOUR
(E) TOE OF CONTOUR
(E) PAVED P
A
T
H
(E) TRANSFORMER
(E) TRANSFORMER (E) R/W LINE
(ASSESSOR)
(E) R/W LINE
(ASSESSOR)
(E) R/W LINE
(ASSESSOR)
(E) CONDUIT
30' R/W
(ASSESSOR)
(P) DISH ACCESS
AND UTILITY
PATH
(P) DISH LEASE AREA
(P.O.B.) DISH LEASE AREA
(P.O.B.) DISH ACCESS PATH
FND BRASS CAP FLUSH
(P.O.C) DISH LEASE AREA
AND ACCESS/UTILITY PATH
FOUND BCFL
(P.O.B.) DISH UTILITY PATH
(P) DISH UTILITY PATH
N0° 57' 50"W80.00'N0° 57' 50"W43.92'N0° 04' 27"E
14.04'
S89° 51' 31"E
6.98'
S0° 04' 27"W
14.02'S89° 59' 52"W
6.96'
S0° 07' 40"E
14.00'
L1
L2
N89° 59' 52"E
3.41'
N89° 59' 52"E
10.59'
N90° 00' 00"W
96.96'
S0° 00' 08"E
13.65'
N89° 02' 10"E
17.54'L3N90° 00' 00"W
82.00'
N0° 00' 07"W
16.00'
N90° 00' 00"E
82.00'
N90° 00' 00"E
82.93'
LEGEND
BRASS CAP FLUSH (BCFL)
FIBER MANHOLE
ELECTRICAL TRANSFORMERET
FIBER VAULTFV
FO
POWER POLE
WATER VALVEWV
SIGN
RIGHT-OF-WAY LINE
PROPERTY LINE (OTHER)
CENTERLINE
EASEMENT LINE
SPOT ELEVATION
U/G FIBER OPTIC LINEFOFOFO
OVERHEAD ELECTRIC LINEOHEOHE
POSITION OF GEODETIC COORDINATES
DECIDUOUS TREE
5280.00 NG
POINT OF BEGINNING
POINT OF COMMENCEMENT
POB
POC
PROJECT AREA
PIMA COUNTY, STATE OF ARIZONA, CITY OF ORO VALLEY RIGHT-OF-WAY.
LESSOR'S LEGAL DESCRIPTION
W TANGERINE RD
1.ELEVATIONS SHOWN HEREON ARE REPRESENTED IN NORTH
AMERICAN VERTICAL DATUM OF 1988 (NAVD88) ESTABLISHED FROM
GPS DERIVED ELLIPSOID HEIGHTS, APPLYING GEOID 12B SEPARATIONS
CONSTRAINING TO NGS CORS STATIONS PROVIDED IN THE "ONLINE
POSITIONING USER SERVICE" (OPUS) SOLUTION FOR THIS SPECIFIC
SITE.
2.BEARINGS SHOWED HEREON ARE BASED UPON U.S. STATE PLANE
NAD83 COORDINATE SYSTEM ARIZONA STATE PLANE COORDINATE
ZONE CENTRAL, DETERMINED BY GPS OBSERVATIONS.
3.FIELD WORK FOR THIS PROJECT WAS PERFORMED ON 06/23/22.
PROJECT META DATA
1.A TITLE REPORT WAS NOT PROVIDED AT THE TIME OF THE SURVEY.
2.SURVEYOR HAS NOT PERFORMED A SEARCH OF PUBLIC RECORDS TO
DETERMINE ANY DEFECT IN TITLE.
3.THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORD
INFORMATION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OF
THE PROPERTY.
4.SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN OR
THEIR LOCATIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR AND
DEVELOPER TO CONTACT BLUE STAKE AND ANY OTHER INVOLVED
AGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION.
REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITY
OF THE CONTRACTOR.ROYEVRDat
e
Signed
.ON
ETACIFITREC U
S
DNALDERETSIGER44007
RYAN L.
FIDLER
.A ..U,AN SZI AR
O
SURVEYOR NOTES
0 07/14/22 PRELIMINARY
SHEET NO.REVISION:
REVISIONS
PROJECT No.
SITE NAME:
SITE ADDRESS:
SHEET TITLE:
FIELD BY:
DRAWN BY:
CHECKED BY:
NO.DATE DESCRIPTION
REUSE OF DOCUMENT
THE IDEAS & DESIGN INCORPORATED HEREON, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE, IS THE
PROPERTY OF RLF CONSULTING, LLC & IS NOT TO BE
USED FOR ANY OTHER PROJECT WITHOUT WRITTEN
AUTHORIZATION OF RLF CONSULTING, LLC.
TLG
RDG
RLF
1
21003024
PXPHX00383C
SWC OF COPPER CREEK DR & TANGERINE RD.
IN TANGERINE RD. ROW ORO VALLEY, AZ 85737
TOPOGRAPHIC SURVEY
LS-1
jsultzbach@com-serv.comjsultzbach@com-serv.com
NORTH
THE PROPOSED LEASE PREMISES SHOWN HEREON APPEAR TO BE WITHIN FLOOD
ZONE "X" AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FIRM MAP NO. 04019C1090L DATED 06/16/2011.
FLOOD ZONE "X" IS DEFINED AS: AREAS DETERMINED TO BE OUTSIDE 500-YEAR
FLOODPLAIN; DETERMINED TO BE OUTSIDE THE 1% AND 0.2% ANNUAL CHANCE
FLOODPLAINS.
FLOOD ZONE DESIGNATION
WIRELESS
telamon
telecom solutions
simplifying business TM
R RN COPPER CREEK DRN LA CANADA DR1 03/03/23 FINAL
A PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 12 SOUTH,
RANGE 13 EAST, IN PIMA COUNTY, STATE OF ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP FLUSH ON THE CENTERLINE OF NORTH COPPER
CREEK DRIVE, FROM WHICH ANOTHER BRASS CAP BEARS SOUTH 00°57'50" EAST, A
DISTANCE OF 80.00 FEET; THENCE ALONG THE CENTERLINE OF SAID NORTH
COPPER CREEK DRIVE NORTH 00°57'50" WEST, A DISTANCE OF 43.92 FEET; THENCE
DEPARTING SAID CENTERLINE NORTH 89°02'10" EAST, A DISTANCE OF 17.54 FEET TO
THE POINT OF BEGINNING;
THENCE SOUTH 00°07'40" EAST, A DISTANCE OF 14.00 FEET; THENCE NORTH 90°00'00"
WEST, A DISTANCE OF 96.96 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF
15.00 FEET; THENCE CONTINUING NORTH 00°00'08" WEST, A DISTANCE OF 12.65 FEET;
THENCE NORTH 89°59'52" EAST, A DISTANCE OF 3.41 FEET; THENCE CONTINUING
NORTH 89°59'52" EAST, A DISTANCE OF 10.59 FEET; THENCE SOUTH 00°00'08" EAST, A
DISTANCE OF 13.65 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 82.93 FEET
TO THE POINT OF BEGINNING.
LESSEE ACCESS/UTILITY PATH LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 12 SOUTH,
RANGE 13 EAST, IN PIMA COUNTY, STATE OF ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP FLUSH ON THE CENTERLINE OF NORTH COPPER
CREEK DRIVE, FROM WHICH ANOTHER BRASS CAP BEARS SOUTH 00°57'50" EAST, A
DISTANCE OF 80.00 FEET; THENCE ALONG THE CENTERLINE OF SAID NORTH
COPPER CREEK DRIVE NORTH 00°57'50" WEST, A DISTANCE OF 43.92 FEET; THENCE
DEPARTING SAID CENTERLINE NORTH 89°02'10" EAST, A DISTANCE OF 17.54 FEET;
THENCE SOUTH 00°07'40" EAST, A DISTANCE OF 14.00 FEET; THENCE NORTH
90°00'00" WEST, A DISTANCE OF 96.96 FEET; THENCE NORTH 00°00'08" WEST, A
DISTANCE OF 15.00 FEET; THENCE CONTINUING NORTH 00°00'08" WEST, A DISTANCE
OF 12.65 FEET; THENCE NORTH 89°59'52" EAST, A DISTANCE OF 3.41 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 00°04'27" EAST, A DISTANCE OF 14.04 FEET; THENCE SOUTH
89°51'31" EAST, A DISTANCE OF 6.98 FEET; THENCE SOUTH 00°04'27" WEST, A
DISTANCE OF 14.02 FEET; THENCE SOUTH 89°59'52" WEST, A DISTANCE OF 6.96 FEET
TO THE POINT OF BEGINNING.
LESSEE LEASE AREA LEGAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 12 SOUTH,
RANGE 13 EAST, IN PIMA COUNTY, STATE OF ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP FLUSH ON THE CENTERLINE OF NORTH COPPER
CREEK DRIVE, FROM WHICH ANOTHER BRASS CAP BEARS SOUTH 00°57'50" EAST, A
DISTANCE OF 80.00 FEET; THENCE ALONG THE CENTERLINE OF SAID NORTH
COPPER CREEK DRIVE NORTH 00°57'50" WEST, A DISTANCE OF 43.92 FEET; THENCE
DEPARTING SAID CENTERLINE NORTH 89°02'10" EAST, A DISTANCE OF 17.54 FEET;
THENCE SOUTH 00°07'40" EAST, A DISTANCE OF 14.00 FEET; THENCE NORTH 90°00'00"
WEST, A DISTANCE OF 96.96 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF
15.00 FEET THE POINT OF BEGINNING;
THENCE SOUTH 00°00'07" EAST, A DISTANCE OF 16.00 FEET; THENCE NORTH 90°00'00"
WEST, A DISTANCE OF 82.00 FEET; THENCE NORTH 00°00'07" WEST, A DISTANCE OF
16.00 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 82.00 FEET; TO THE
POINT OF BEGINNING.
LESSEE UTILITY PATH LEGAL DESCRIPTION
LINE TABLE
LINE
L1
L2
L3
LENGTH
15.00
12.65
16.00
BEARING
N0° 00' 08"W
N0° 00' 08"W
S0° 00' 07"E
2 07/24/23 REVISION
A-1231SWC OF COPPER CREEK DR. & TANGERINE RD. IN TANGERINE RD ROW ORO VALLEY, AZ 85755
Town of Oro Valley Wireless Facility License No. ___ FINAL 7/19/2023
EXHIBIT C
TOWN OF ORO VALLEY
APPLICATION FOR PLACEMENT OF
WIRELESS FACILITIES (“WF”)
ON TOWN PROPERTY**
Applicant Primary Contact Name:
E-mail: Phone: Fax:
Applicant/Company Name and Address:
Site Address: Site APN:
Monopole Light Pole Co-Location
Rooftop Stealth Other:
Flagpole Pole Change-Out Upgrade Existing
Type of equipment for placement (cabinets, shelter - dimensions):
Required Submittals (in electronic format):
1) Detailed drawings/construction plan set.
2) A map showing the desired location and exact placement of your proposed communications
equipment.
3) A simulation of the proposed finished site with all equipment from at least two different views.
4) A legal description and drawing of the lease area.
Rental Fees:
Antenna Base Fee Equipment Area Equipment Fee Total WF Annual Fee
A. $3,000 up to 50 cu ft. Included $3,000
B. $3,000 51 cu ft. to 200 cu ft. $6,087 $9,087
C. $3,000 201 cu ft. to 300 cu ft. $9,116 $12,116
D. $3,000 301 cu ft. to 400 cu ft. $12,128 $15,128
E. $3,000 401 cu ft. or more $15,000 $18,000
F. $6,000* N/A N/A $6,000
*Option “F” Antenna base fee is calculated for full array on a pole change out with no ground equipment.
Submit your payment and application to “Town of Oro Valley, Attn: ,
11000 N. La Canada Drive, Oro Valley, AZ 85737.
Signature of Applicant/Authorized Agent Date
** “Town Property” is exclusive of Town Right-of-Way Properties.
Town Council Regular Session C.
Meeting Date:09/20/2023
Requested by: Peter Abraham Submitted By:Peter Abraham, Water
Department:Water
SUBJECT:
Resolution No. (R)23-35, approving an Intergovernmental Agreement between the Arizona Water Banking
Authority and the Town of Oro Valley for M&I firming
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The Arizona Water Banking Authority (AWBA) was established in 1996 to store the unused portion of Arizona's
annual Colorado River water entitlement in Central and Southern Arizona. The AWBA stores water in
underground aquifers to earn Long-Term Storage Credits (LTSCs).
In times of delivery curtailments to municipalities, such as Oro Valley, these credits can be recovered (pumped) to
provide back-up water supplies (known as "firming").
The proposed Intergovernmental Agreement (IGA) provides the mechanism for Oro Valley to obtain LTSCs from
the AWBA in the event that Oro Valley's Central Arizona Project (CAP) water allocation is reduced due to
Colorado River water shortages.
At their September 11, 2023 meeting, the Water Utility Commission recommended unanimous approval of this
IGA.
BACKGROUND OR DETAILED INFORMATION:
For calendar year 2023, the CAP operated under a Tier 2 shortage. Thanks to a better than average snowfall in
the upper basin states, the reservoirs along the Colorado River have risen such that the CAP will be operating
under a Tier 1 shortage for calendar year 2024. A Tier 1 shortage dictates less severe CAP water cutbacks than a
Tier 2 shortage.
For calendar year 2025, it is unknown in which tier shortage condition the CAP will be operating.
To offset any potential CAP water cuts to Oro Valley for calendar year 2025 and beyond, it is necessary for the
Town of Oro Valley to enter into an IGA with the Arizona Water Bank Authority for CAP water firming.
FISCAL IMPACT:
There is no fiscal impact associated with entering into an IGA with the Arizona Water Banking Authority for M&I
firming.
SUGGESTED MOTION:
I MOVE to (approve or deny) Resolution No. (R)23-35, approving and authorizing an Intergovernmental
I MOVE to (approve or deny) Resolution No. (R)23-35, approving and authorizing an Intergovernmental
Agreement between the Arizona Water Banking Authority & the Town of Oro Valley for M&I firming.
Attachments
(R)23-35 AWBA Resolution
AWBA M&I IGA
RESOLUTION NO. (R)23-35
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA
WATER BANKING AUTHORITY AND TOWN OF ORO VALLEY FOR
M&I FIRMING; AND DIRECTING THE TOWN MANAGER, TOWN
CLERK, TOWN LEGAL SERVICES DIRECTOR, WATER UTILITY
DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS
TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES
AND INTENT OF THIS RESOLUTION
WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter
Intergovernmental Agreements for joint and cooperative action with other public agencies; and
WHEREAS, pursuant to ARS § 9-511, et seq., the Town has the requisite statutory authority to
acquire, own and maintain a water utility for the benefit of the landowners within and without the
Town’s corporate boundaries; and
WHEREAS, The Town of Oro Valley Water Utility desires to have access to the Arizona Water
Banking Authority (AWBA) Long-Term Storage Credits (LTSCs) that have been saved by the
AWBA for over twenty-seven years to offset future Central Arizona Project (CAP) water
deliveries to Oro Valley in times of CAP water shortages to municipalities.
WHEREAS, it is in the best interest of the Town to enter into the proposed Intergovernmental
Agreement with the Arizona Water Banking Authority to set forth the terms and conditions of the
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
SECTION 1. The Intergovernmental Agreement attached hereto as Exhibit “A”
and incorporated herein by this reference, between the Town of Oro Valley and the
Arizona Water Banking Authority for the transfer of LTSCs to the Town of Oro
Valley in times of CAP delivery curtailments to Oro Valley is hereby approved.
SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director,
Water Utility Director, or their duly authorized officers and agents are hereby
authorized and directed to take all steps necessary to carry out the purposes and
intent of this resolution.
SECTION 3. All Oro Valley resolutions or motions and parts of resolutions or
motions of the Council in conflict with the provision of this Resolution are hereby
repealed.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Resolution or the Agreement, attached hereto as Exhibit “A”, is for any reason held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,
this 20th day of September 2023.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
Mike Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA
WATER BANKING AUTHORITY AND TOWN OF ORO VALLEY FOR
M&I FIRMING
This Intergovernmental Agreement (“M&I Firming IGA”) is made between the Arizona
Water Banking Authority, an agency of the State of Arizona (“AWBA”) and Town of Oro
Valley (“Oro Valley”), a municipal and industrial (“M&I”) subcontractor of the Central
Arizona Water Conservation District (“CAWCD"). Oro Valley and AWBA are sometimes
each referred to in this IGA as a “Party” and collectively as the “Parties.”
RECITALS
A. Oro Valley has the authority to receive Central Arizona Project (“CAP”) M&I Priority
water pursuant to Subcontract No. 07-XX-30-W0495.
B. CAWCD’s diversions from the Colorado River are subject to reductions during the
Interim Period pursuant to Section 2.D of the Colorado River Interim Guidelines for
Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake
Mead (73 Fed. Reg. 19873, 19886 (April 11, 2008)) (“2007 Guidelines”) and
pursuant to Section III.B.1 of the Lower Basin Drought Contingency Operations
(“LBOps”), Exhibit 1 to the Lower Basin Drought Contingency Plan Agreement
(“LBDCP”).
C. The AWBA has accrued or acquired long-term storage credits (“Credits”) that are
intended to be distributed to CAWCD or to M&I subcontractors “to the extent
necessary to meet the demands of M&I subcontractors during times in which
CAWCD's diversions from the Colorado river have been or will be disrupted by
shortages on the Colorado river or by disruptions in operation of the [CAP],”
pursuant to Arizona Revised Statutes § 45-2457(B)(7).
D. On March 4, 2019, the AWBA adopted the AWBA Policy Regarding the Distribution
of Long-Term Storage Credits for Firming CAP Municipal and Industrial
Subcontractors (“M&I Firming Policy”) to assist with Arizona’s implementation of
the LBDCP. Through 2026, the AWBA will distribute Credits to meet all reductions
to CAP M&I subcontractors for scheduled M&I Priority water due to shortage
reductions or required Drought Contingency Plan (“DCP”) Contributions. The
AWBA will use the operating experience gained during this period to inform future
AWBA policies on Credit distribution.
E. M&I subcontractors may enter into a firming agreement with the AWBA to request
a direct distribution of AWBA Credits for firming purposes pursuant to A.R.S. § 45-
2457(B)(7).
F. The Parties desire to enter into this M&I Firming IGA to establish an annual process
to implement the direct transfer of Credits for this purpose.
Town of Oro Valley-AWBA M&I Firming IGA
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DEFINITIONS
In this M&I Firming IGA, the definitions of terms set forth in Arizona Revised Statutes Title
45, in the 2007 Guidelines, in the LBDCP, and in the LBOps are hereby incorporated by
reference, unless such terms are defined otherwise herein. In addition to the terms
defined in context within this M&I Firming IGA, the following terms shall have the following
meanings:
1. “CAP M&I Priority Water” means CAP water having municipal and industrial delivery
priority.
2. “Firming” shall have the same definition as that provided in the CAP System Use
Agreement, dated February 2, 2017.
3. “Firming Water” shall have the same definition as that provided in the CAP System
Use Agreement dated February 2, 2017.
4. “Full Order” means the M&I subcontractor’s initial CAP water delivery order that has
not been modified to account for the projected reduced CAP supply.
5. “Recovered Water” means the water resulting from the recovery of Credits from
wells pursuant to a valid recovery well permit issued by the Arizona Department of
Water Resources (“ADWR”) pursuant to A.R.S. § 45-834.01.
6. “Water Shortage” means available CAP water is insufficient to meet the Full Orders
of M&I subcontractors for CAP M&I Priority Water.
7. “Water Shortage Year” means a year in which a Water Shortage is in effect.
8. “Year” means a calendar year beginning on January 1 and ending on December 31
of the same year.
AGREEMENT
NOW THEREFORE, the parties hereby agree as follows:
1. Term. This M&I Firming IGA shall commence on the date of execution by all
parties and continue in full force and effect until December 31, 2026, unless it is
terminated as set forth in Sections 8 or 9.
2. M&I Firming Method. The AWBA may, in each Year of this M&I Firming IGA in
which there is a Water Shortage, distribute Credits for Firming CAP M&I Priority
Water directly to CAP M&I subcontractors in accordance with A.R.S. § 45-
2457(B)(7) and the M&I Firming Policy if requested by Oro Valley. This M&I
Firming IGA does not obligate the AWBA to offer any Credits for direct
distribution in any Year; nor does it obligate Oro Valley to accept any Credits
through direct distribution in any Year. Oro Valley may request delivery of
Firming Water from CAWCD in lieu of a direct distribution of Credits.
Town of Oro Valley-AWBA M&I Firming IGA
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3. Firming Proposal
3.1. The AWBA shall evaluate the potential for a future Water Shortage in
coordination with the Bureau of Reclamation (“BOR”), the CAWCD, and
ADWR.
3.2. If BOR’s April five-year probabilistic projections indicate a greater than
fifteen percent probability of a Water Shortage in the third Year, the
Parties shall begin consultations on the potential for Firming and the
anticipated Firming method(s) that will be used (i.e., request for Firming
Water and/or direct distribution of AWBA Credits). See Exhibit A, attached
hereto and incorporated herein, for a graphical representation of activities
occurring during this time period.
3.3. If the BOR’s April 24-Month Study “Minimum Probable” forecast reflects a
Water Shortage in the second Year, the Parties will assume the following
activities, as further described in Exhibit A:
a) Within three (3) months following the April 24-Month Study, the
Parties, in consultation with CAWCD, shall estimate the volume of
CAP M&I Priority Water the AWBA shall firm for the potential Water
Shortage Year. Oro Valley shall indicate the estimated number of
Credits intended to be requested for direct distribution and/or the
estimated volume of Firming Water to be delivered through the
CAP.
b) If Oro Valley proposes to receive Credits directly from the AWBA,
the Parties shall begin development of a “Firming Proposal,”
including the estimated number of Credits for direct distribution
from the AWBA, whether Oro Valley intends to recover the Credits
during the Water Shortage Year, the estimated volume of Firming
Water to be delivered through the CAP (if applicable), and the
participation of any delivery partners, as described in Section 4 of
this M&I Firming IGA. Oro Valley may also identify preferred
storage locations of Credits to be provided to Oro Valley for AWBA
consideration.
c) In the month of December following the activities described in
Section 3.3.a, the AWBA shall report to its governing body the
Firming Proposal, including the estimated number of Credits
identified for direct distribution by the AWBA.
3.4. If BOR’s April 24-Month Study “Most Probable” forecast reflects a Water
Shortage in the following Year, the Parties shall confirm the Firming
Proposal according to the following schedule (See Exhibit A, for activities
occurring during this time period):
Town of Oro Valley-AWBA M&I Firming IGA
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a) By May 1 of the Year prior to a projected Water Shortage Year, the
AWBA shall provide an estimate of the volume of CAP water likely
to be available to Oro Valley. This estimate shall be developed in
consultation with CAWCD, BOR and ADWR, but does not constitute
a determination by the United States or CAWCD.
b) By May 15 of the Year prior to a projected Water Shortage Year, Oro
Valley shall provide an estimate of the number of Credits for direct
distribution and the estimated volume of Firming Water for delivery
through the CAP in the projected Water Shortage Year. The Firming
Proposal shall be revised accordingly.
c) If the Firming Proposal includes the direct distribution of Credits to
Oro Valley, the AWBA shall identify the location(s) of Credits for
direct distribution to Oro Valley no later than August 1.
d) By September 1, the Parties shall confirm in writing the estimated
volume of CAP M&I Priority Water the AWBA shall firm based on
water availability estimates provided by CAWCD in response to the
findings of the BOR’s August 24-Month Study (“Firming Plan”).
e) The AWBA shall incorporate as a component of its preliminary draft
annual plan of operation (“APO”) that is adopted pursuant to A.R.S.
§ 45-2456 the Firming Plan that will be implemented in the Water
Shortage Year.
f) The AWBA shall provide its preliminary APO to Oro Valley at the
same time it provides its preliminary APO to the public for comment.
g) By October 1, or such date as required by CAWCD, of that same
Year, Oro Valley shall submit its Full Order for CAP Water to
CAWCD for the following Year and include in its submittal the
confirmed Firming method(s) identified in the Firming Plan.
h) The AWBA shall include in its final APO the final volume of CAP M&I
Priority Water the AWBA shall firm based on Oro Valley’s Full Order
submitted to CAWCD, the Firming Plan, and CAWCD’s final
accounting of M&I Priority supplies available for the Water Shortage
Year.
4. Credit Distribution
4.1. The AWBA shall distribute Credits to Oro Valley for Firming in a Water
Shortage Year pursuant to the Firming Plan and in accordance with State
regulations and policies.
4.2. In determining the Credits that shall be distributed for a Water Shortage
Year, the AWBA will take into consideration Oro Valley’s location,
Town of Oro Valley-AWBA M&I Firming IGA
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recovery partnership agreements, recharge facilities where Oro Valley has
stored water, annual operational issues/needs, and any other relevant
concerns, including provisions in this M&I Firming IGA that may be
applicable.
4.3. By accepting AWBA Credits in lieu of a Firming Water delivery from CAP,
Oro Valley agrees that:
a) The Credits received satisfy the Firming Plan for that Water
Shortage Year, and
b) The Credits received shall not be sold, and
c) Oro Valley is responsible for all costs associated with the recovery
of those Credits.
4.4. The AWBA shall distribute Credits as follows:
a) Credits shall be assigned using ADWR’s procedures for assigning
Credits in effect at the time of the assignment.
b) The AWBA may distribute Credits through the course of the Year
with preference given to Credits that will be recovered by Oro
Valley during the Water Shortage Year.
c) The AWBA shall assign Credits in accordance with the Firming
Plan for that Water Shortage Year. The Parties shall coordinate
regarding completion and submittal to ADWR of any forms
necessary for assignment of Credits.
d) Oro Valley shall pay any administrative fees established by ADWR
to effectuate the assignment of AWBA Credits to Oro Valley’s Long-
Term Storage Credit Account.
e) All Credits to be distributed directly to Oro Valley pursuant to the
Firming Plan shall be assigned by December 31 of the Water
Shortage Year.
5. Amendments to a Firming Plan
5.1. Oro Valley and AWBA shall amend the Firming Plan included in the APO
during a Water Shortage Year if any of the following apply:
a) There are substantive changes to the volume of the Water Shortage
as applicable to Oro Valley that affect the Firming Plan included in
the APO.
Town of Oro Valley-AWBA M&I Firming IGA
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b) The Firming Plan included in the APO cannot be implemented as
anticipated during the Water Shortage Year.
5.2. Any amendments to the Firming Plan included in the AWBA’s APO
resulting from Section 5.1 shall be through mutual agreement between Oro
Valley and the AWBA.
5.3. If necessary, the AWBA shall amend its APO for the Year to identify any
substantive changes to the Firming Plan.
6. Water Quality. The AWBA does not warrant the quality of Recovered Water from
Credits distributed by the AWBA pursuant to this M&I Firming IGA and the AWBA
is under no obligation to construct or furnish water treatment facilities to maintain
or better the quality of any Recovered Water by Oro Valley. Oro Valley assumes
all responsibility for meeting applicable water quality standards established by
federal, state or local authorities. Oro Valley waives its rights to make a claim
against the AWBA for the quality of Oro Valley’s Recovered Water.
7. Default. Unless otherwise provided, the failure of either Party to perform any
material term, covenant, or condition of this M&I Firming IGA results in default of
that Party if that failure continues for thirty days following the receipt of written
notice from the other Party.
8. Remedies. If an event of default occurs, the non-defaulting Party may immediately
terminate this M&I Firming IGA by written notice to the defaulting Party and/or may
pursue specific performance.
9. Termination of Contract. In addition to other rights set forth elsewhere in this M&I
Firming IGA, each Party reserves the right to terminate this M&I Firming IGA,
without cause, effective thirty (30) calendar days after receipt of written notice of
termination to the other Party. If this M&I Firming IGA is terminated during a
Shortage Year, such termination shall not terminate any commitments, obligations
or benefits of either Party for the current Shortage Year.
10. Miscellaneous Provisions.
10.1. Interpretation. This M&I Firming IGA is governed by and must be construed
and interpreted in accordance with and in reference to the laws of the State
of Arizona.
10.2. No Third-Party Beneficiaries. This M&I Firming IGA is solely for the benefit
of the Parties and does not create, nor shall it be construed to create, rights
in any third party unless expressly provided herein. No third party may
enforce the terms and conditions of this M&I Firming IGA.
10.3. Conflict of Interest. This agreement is subject to cancellation by any Party
pursuant to A.R.S. § 38-511 if any person significantly involved in the
agreement on behalf of the State of Arizona or the Water Bank is an
Town of Oro Valley-AWBA M&I Firming IGA
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employee or consultant of Oro Valley at any time while the agreement or
any extension of the agreement is in effect.
10.4. Permits. The Parties shall obtain and maintain all licenses, permits and
authority necessary to perform their obligations pursuant to this M&I
Firming IGA, and shall comply with all applicable state, federal and local
laws, including but not limited to those regarding employment insurance,
disability insurance and worker’s compensation. This M&I Firming IGA
does not relieve either party from any obligation or responsibility imposed
upon it by law.
10.5. No Employment. Neither Party shall be considered an officer, employee or
agent of the other. No monitoring or supervisory responsibility over the other
Party’s activities arises as a result of, or pursuant to, this M&I Firming IGA
other than as expressly provided herein.
10.6. Severability. The provisions of this M&I Firming IGA are severable to the
extent that if any provision is held unenforceable under applicable law, the
remaining provisions of the M&I Firming IGA shall remain in effect.
10.7. No Indemnification. Each Party to this M&I Firming IGA is independently
responsible in the event of its own negligence. Neither Party agrees to
indemnify the other Party.
10.8. Resolution of Disputes. The Parties shall attempt to resolve all claims,
disputes, controversies, or other matters in question between the Parties
arising out of, or relating to, this M&I Firming IGA (“Dispute”) promptly,
equitably, and in a good faith manner. Any Dispute arising out of this M&I
Firming IGA is subject to arbitration to the extent required by A.R.S. §§ 12-
133 and 12-1518.
10.9. Amendments. This M&I Firming IGA may be modified, amended, or revoked
only by the express written agreement of the Parties.
10.10. Entire Agreement. This M&I Firming IGA constitutes the entire agreement
between the Parties as to the subject matter described herein and no
understandings or obligations not expressly set forth in this M&I Firming IGA
are binding upon the Parties. Nothing in this M&I Firming IGA shall amend
or otherwise modify any other existing written contracts between or amongst
the Parties.
10.11. Waiver. No delay in exercising any right or remedy shall constitute a waiver
unless such right or remedy is waived in writing signed by the waiving party.
A waiver by any Party of any right or remedy hereunder shall not be
construed as a waiver of any other right or remedy, whether pursuant to the
same or a different term, condition or covenant.
Town of Oro Valley-AWBA M&I Firming IGA
8
10.12. Captions. All captions, titles, or headings in this M&I Firming IGA are used
for the purpose of reference and convenience only and do not limit, modify,
or otherwise affect any of the provisions of this M&I Firming IGA.
10.13. Rules, Regulations and Amendment or Successor Statutes. All references
in this M&I Firming IGA to the Arizona Revised Statutes include all rules and
regulations promulgated by ADWR under such statutes and all amendment
statutes and successor statutes, rules, and regulations to such statutes,
rules, and regulations existing as of the date of this M&I Firming IGA.
10.14. Notices. Any notice, demand, or request authorized or required by this M&I
Firming IGA shall be in writing and shall be deemed to have been duly
delivered by email to a valid email address designated by the Parties, or if
mailed, first-class or delivered, to the following address:
For the AWBA: Manager
Arizona Water Banking Authority
1802 W Jackson St, Box # 79
Phoenix, AZ 85007
awba@azwater.gov
For Oro Valley: Town of Oro Valley
Attn: Peter A. Abraham P.E.
Water Utility Director
Oro Valley Water Utility
1100 N. La Cañada Dr.
Tucson, AZ 85737
pabraham@orovalleyaz.gov
The designation of the address or addressee, including email addresses,
may be changed by notice given as provided in this Section.
Notice is deemed to have been given on the date on which notice is
personally delivered, delivered to an overnight delivery service, mailed, or
emailed. Notice is deemed to have been received on the date on which the
notice is actually received, or delivery is refused.
10.15. Equal Opportunity. The Parties shall comply with State Executive Order No.
75-5, as amended by State Executive Order No. 2009-9, and all other
applicable Federal and State laws, rules and regulations relating to equal
opportunity and non-discrimination, including the Americans with
Disabilities Act.
10.16. Records and Inspections. All books, accounts, reports, files and other
records in relation to this M&I Firming IGA shall be subject at all reasonable
times to inspection and audit by the Parties throughout the term of this M&I
Firming IGA and for a period of five years after the completion of this M&I
Town of Oro Valley-AWBA M&I Firming IGA
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Firming IGA. Upon request, a Party must produce the original of any or all
such records for inspection.
10.17. Uncontrollable Forces. No Party will be considered to be in default in the
performance of any of its obligations hereunder (other than obligations to
make payments) when a failure of performance is due to Uncontrollable
Forces. The term "Uncontrollable Forces" shall mean any cause beyond
the control of the Party unable to perform such obligation, including, but not
limited to, failure of or threat of failure of facilities, flood, earthquake, storm,
fire, lightning and other natural catastrophes, epidemic, pandemic, war, riot,
civil disturbance or disobedience, strike, labor dispute, labor or material
shortage, sabotage, terrorism, or restraint by court order or public authority,
and action or nonaction by, or failure to obtain the necessary authorizations
or approvals from, any governmental agency or authority, which by exercise
of due diligence such Party could not reasonably have been expected to
avoid and which by exercise of due diligence it shall be unable to overcome.
Drought is not an Uncontrollable Force for the purposes of this M&I Firming
IGA. Nothing contained herein shall be construed to require a Party to settle
any strike or labor dispute in which it is involved.
10.18.This M&I Firming IGA may be executed in counterparts, each of which
shall be an original and all of which, together, shall constitute only one
M&I Firming IGA.
IN WITNESS WHEREOF, both Oro Valley and the AWBA have executed this
M&I Firming IGA.
[Signature pages follow]
Town of Oro Valley-AWBA M&I Firming IGA
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ARIZONA WATER BANKING AUTHORITY
By:__________________________________
Thomas Buschatzke, Chair
Date:________________________________
Attest:
By:________________________________
Eric Braun, Secretary
Date:________________________________
Approved as to Form:
By: ____________________________
Ayesha Vohra, Counsel
Date:________________________________
Town of Oro Valley-AWBA M&I Firming IGA
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TOWN OF ORO VALLEY
By:_________________________________
Joseph C. Winfield, Mayor
Date:________________________________
Attest:
By: ____________________________
Michael Standish, Town Clerk
Date:________________________________
Approved as to Form:
By: ____________________________
Tobin Sidles, Legal Services Director
Date:________________________________
Exhibit A