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*AMENDED (3/5/18, 3:00 PM)
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
March 7, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 5:30 PM
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION - Pursuant to ARS 38-431.03 (A)(3) and (A)(4) to discuss with and receive legal advice
from its attorneys regarding a settlement agreement for property to be obtained as a part of the Tangerine Road
Corridor improvement project
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
• Spotlight on Youth
DEPARTMENT REPORTS
The Mayor and Council may consider and/or take action on the items listed below:
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. *Proclamation - World Down Syndrome Day - March 21, 2018
CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - February 7, 2018
B. Resolution No. (R)18-06, authorizing and approving an Intergovernmental Agreement (IGA) among
Pima County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui Tribe, Tucson
Airport Authority and the Town of Oro Valley Police Department for the formation, implementation,
deployment, equipping, governance and maintenance of a Regional Mobile Field Force Team
C. Resolution No. (R)18-07, authorizing and approving a franchise agreement between the Town of Oro
Valley and Comcast of Arizona, Inc.
D. Resolution No. (R)18-08, providing notice of intent to increase water rates for the Oro Valley Water Utility
E. Resolution No. (R)18-09, authorizing and approving an amendment to the Intergovernmental Agreement
between Pima County and the Town of Oro Valley for the Joint Administration of Public Works Capital
Improvement Projects
F. Resolution No. (R)18-10, authorizing and approving Amendment No. 2 to the Intergovernmental
Transportation Funding Agreement between the Regional Transportation Authority of Pima County and
the Town of Oro Valley for improvements to La Cholla Boulevard: Overton Road to Tangerine Road
REGULAR AGENDA
1. FISCAL YEAR 2017/18 MID-YEAR FINANCIAL UPDATE
2. POSSIBLE ACTION TO APPROVE THE SETTLEMENT AGREEMENT REGARDING PROPERTY TO
BE OBTAINED AS PART OF THE TANGERINE ROAD CORRIDOR IMPROVEMENT PROJECT
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)
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.
ADJOURNMENT
POSTED: 2/28/18 at 5:00 p.m. by pp
POSTED: 2/28/18 at 5:00 p.m. by pp
AMENDED AGENDA POSTED: 3/5/18 at 5:00 p.m. by pp
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. – 5:00p.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.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Town Council during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the 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 when completing the blue speaker card.
Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested
in addressing.
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. Please organize your speech, you will only be
allowed to address the Council once 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 issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
Town Council Regular Session Item # 1.
Meeting Date:03/07/2018
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
*Proclamation - World Down Syndrome Day - March 21, 2018
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
Proclamation
Town Council Regular Session Item # A.
Meeting Date:03/07/2018
Requested by: Mike Standish Submitted By:Michelle Stine, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Minutes - February 7, 2018
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 February 7, 2018 minutes.
Attachments
2-7-18 Draft Minutes
2/7/18 Minutes, Town Council Study / Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
STUDY / REGULAR SESSION
February 7, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
STUDY SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 4:00 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
STUDY SESSION AGENDA
1.Presentation by the Town Manager and Rob DeMore, President of Troon, and
possible discussion by the Mayor and Council regarding the future of the
Community Center and golf courses
Town Manager Mary Jacobs presented study session item #1 and included the
following:
- Brief Background
- Community Investment and Fund Performance
- Evaluation Process - Goals/Givens
- Evaluation Process - Notable Trends
- Evaluation Process - Notable Trends Cont.
- Expanded Resident Opportunities
- World Class Tennis
- Outlook Restaurant
- Community Center - Conclusions
Ms. Jacobs introduced Rob DeMore, President of Troon, who continued the
presentation and included the following:
2/7/18 Minutes, Town Council Study / Regular Session 2
- Golf Courses - Consultant Report
- Summary of Consultants' Report and Options
- Consultants Reports Key Conclusions
- Golf Courses Analysis Process
- Golf Courses - Analysis
- Golf Courses - Analysis Cont.
- Summary of Troon Analysis of Reports
- Golf Courses - Conclusions
Ms. Jacobs and Mr. DeMore concluded the presentation with the following:
- Capital Investments Required
- Expected Outcomes - Two Years
- Expected Outcomes - Five Years*
- Wrap Up
The following individuals spoke on item #1.
Oro Valley resident Dick Johnson
Oro Valley resident Robert Wanczyk
Oro Valley resident Tracey Smith
Oro Valley resident Michael Barclay
Oro Valley resident Gayle Lopez
Oro Valley resident Bob Kynch
Oro Valley resident Harold Vandel
Oro Valley resident Jerry Ward
Oro Valley resident Matt Brown
Oro Valley resident Paul Byrne
Oro Valley resident Jim Heckman
Oro Valley resident Gayle Townsend
The following individuals spoke in support of item #1.
Oro Valley resident Phil Wheeler
Oro Valley resident George Lindsay
Oro Valley resident William Benedict
Oro Valley resident John Gorman
Oro Valley resident John Mawhinney
Oro Valley resident JoAnn Carolla Port
The following individuals spoke in opposition of item #1.
Oro Valley resident Gail Freidenrich
Discussion ensued amongst Council, staff and Mr. DeMore regarding study session
item #1.
2/7/18 Minutes, Town Council Study / Regular Session 3
ADJOURNMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to adjourn the study session at 6:15 p.m.
MOTION carried, 7-0.
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 6:15 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
ORDER OF BUSINESS
Mayor Hiremath re-organized the agenda as follows: Executive Session would be held
at the end of the Regular Agenda with remaining items to stay in order.
PLEDGE OF ALLEGIANCE
Mayor Hiremath led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Communications Administrator Misti Nowak announced the upcoming Town meetings
and events.
COUNCIL REPORTS
Vice Mayor Waters provided an update on the influence the Oro Valley distracted
driving ordinance has had on the City of Tucson and Pima County. In addition, the State
Legislature is currently reviewing SB1261 that would also prohibit texting while driving in
the State.
DEPARTMENT REPORTS
2/7/18 Minutes, Town Council Study / Regular Session 4
Economic Development Manager Amanda Jacobs invited the public to be part of the
opportunity to view The Wall that Heals, a Vietnam Veterans Memorial Replica and
Mobile Education Center, Friday, March 16 through Sunday, March 18, 2018 at Canada
Del Oro Riverfront Park.
Oro Valley Arts and Cultural Ambassadors Shasha Case and Joanne Corolla introduced
the pieces of artwork on display in the Council Chambers which were created by
students from Immaculate Heart Middle School, Leman Academy of Excellence,
Richard B. Wilson K-8 School and Copper Creek Elementary School.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
Alyssa Page spoke regarding development in the region.
PRESENTATIONS
There were no presentations.
CONSENT AGENDA
Councilmember Snider requested to remove item (C) from the Consent Agenda for
discussion.
A.Minutes -January 11 and January 17, 2018
B.Cancellation of the February 21, 2018 regular Town Council meeting
D.Resolution No. (R)18-03, adopting the Oro Valley Transit Services Division Title VI
Plan Update
E.Resolution No. (R)18-04, affirming that, with regard to the approximate 934 acres
of State Land in Section 5 of T12S, R13E, and Section 32 of T11S, R13E, the
Town intends to pursue annexation and does not have, nor does it intend to adopt,
regulations requiring the fencing of open range livestock grazing or prohibiting
mining on state land annexed into the Town
F.Resolution No. (R)18-05, authorizing and approving a subgrantee agreement
between the Town of Oro Valley and the Arizona Department of Homeland
Security to fund overtime and mileage under the Operation Stonegarden program
G.Greater Oro Valley Chamber of Commerce Quarterly Report: October 1, 2017 -
December 31, 2017
2/7/18 Minutes, Town Council Study / Regular Session 5
H.Visit Tucson Quarterly Report: October 1, 2017 -December 31, 2017
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Rodman to approve Consent Agenda items (A-B) and (D-H).
MOTION carried, 7-0.
C.Appointments to the Parks and Recreation Advisory Board (PRAB)
Councilmember Snider welcomed Gary Temple and Philip Saletta to the Parks and
Recreation Advisory Board.
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Rodman to approve the appointments of Gary Temple and Philip
Saletta to the Parks and Recreation Advisory Board for terms expiring December 31,
2019.
Discussion ensued amongst Council regarding item (C).
MOTION carried, 7-0.
REGULAR AGENDA
There were no Regular Agenda items.
EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) Personnel matters - Police
Chief Daniel G. Sharp’s annual performance review
MOTION:A motion was made by Councilmember Snider and seconded by Vice Mayor
Waters to go into Executive Session at 6:39 p.m. Pursuant to ARS 38-431.03(A)(1)
Personnel matters - Police Chief Daniel G. Sharp's annual performance review.
MOTION carried, 7-0.
Mayor Hiremath said the following staff members would join Council in Executive
Session: Police Chief Danny Sharp and Town Clerk Michael Standish.
RESUME REGULAR SESSION
CALL TO ORDER
Mayor Hiremath called the meeting to order at 7:08 p.m.
ROLL CALL
2/7/18 Minutes, Town Council Study / Regular Session 6
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
FUTURE AGENDA ITEMS
No future agenda items were requested.
CALL TO AUDIENCE
No comments were received.
ADJOURNMENT
MOTION:A motion was made by Councilmember Hornat and seconded by
Councilmember Snider to adjourn the meeting at 7:08 p.m.
MOTION carried, 7-0.
Prepared by:
__________________________
Michelle Stine, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of
the study / regular session of the Town of Oro Valley Council of Oro Valley, Arizona
held on the 7th day of February, 2018. I further certify that the meeting was duly called
and held and that a quorum was present.
Dated this _____ day of ____________________, 2018.
___________________________
Michael Standish, CMC
Town Clerk
Town Council Regular Session Item # B.
Meeting Date:03/07/2018
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police
Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)18-06, authorizing and approving an Intergovernmental Agreement
(IGA) among Pima County, Town of Marana, City of South Tucson, Town of Sahuarita,
Pascua Yaqui Tribe, Tucson Airport Authority and the Town of Oro Valley Police
Department for the formation, implementation, deployment, equipping, governance and
maintenance of a Regional Mobile Field Force Team
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an IGA with regional partners including Pima
County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui
Tribe, Tucson Airport Authority and the Town of Oro Valley Police Department for the
formation, implementation, deployment, equipping, governance and maintenance of a
Regional Mobile Field Force Team.
BACKGROUND OR DETAILED INFORMATION:
The purpose of this IGA is to form the Pima Regional Mobile Field Force, the mission of
which is to respond, when requested by a Participating Jurisdiction or other law
enforcement entity, to any of the following: civil disobedience, protest, civil disturbance,
riot, sports event or other event which requires a cohesive unilateral law enforcement
response to mitigate participant actions during the event and to secure, isolate and
resolve situations in a manner consistent with escalation of force theories and the
preservation of life.
FISCAL IMPACT:
Each participating member of the the team is responsible for procuring the necessary
Each participating member of the the team is responsible for procuring the necessary
equipment and funding the salaries and benefits of the officers involved in participation.
Sufficient capacity for these costs has been included in the current year budget, and will
be requested in the proposed FY 2018/19 budget.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)18-06, authorizing and approving an
Intergovernmental Agreement among Pima County, Town of Marana, City of South
Tucson, Town of Sahuarita, Pascua Yaqui Tribe, Tucson Airport Authority and the Town
of Oro Valley Police Department for the formation, implementation, deployment,
equipping, governance and maintenance of a Regional Mobile Field Force Team.
Attachments
(R)18-06 MFF Resolution
Revised IGA
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RESOLUTION NO. (R)18-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING
AN INTERGOVERNMENTAL AGREEMENT AMONG PIMA
COUNTY, TOWN OF MARANA, CITY OF SOUTH TUCSON,
TOWN OF SAHUARITA, PASCUA YAQUI TRIBE, THE TUCSON
AIRPORT AUTHORITY AND THE TOWN OF ORO VALLEY
POLICE DEPARTMENT FOR THE FORMATION,
IMPLEMENTATION, DEPLOYMENT, EQUIPPING,
GOVERNANCE AND MAINTENANCE OF A REGIONAL
MOBILE FIELD FORCE TEAM
WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter
into or renew agreements for joint and cooperative action with other public agencies and
WHEREAS, the Town is authorized to establish and maintain the Oro Valley Police
Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town wishes to enter into an Intergovernmental Agreement with Pima
County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui Tribe,
and the Tucson Airport Authority for the formation, implementation, deployment,
equipping, governance and maintenance of a Regional Mobile Field Force Team; and
WHEREAS,This Regional Mobile Field Force Team will cooperative team among the
listed jurisdictions who will work together through their various law enforcement
agencies to form and operate the Pima Regional Mobile Field Force Team to assist in
regional law enforcement needs; and
WHEREAS, the term of this IGA shall be for five years from its effective date and shall
have the option to extend the terms of the agreement for two additional five year terms;
and
WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental
Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, in
order to set forth the terms and conditions to provide for the health, safety and welfare of
the residents of the Town of Oro Valley and the State of Arizona.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, that:
SECTION 1. The Intergovernmental Agreement attached hereto as Exhibit “A” and
incorporated herein by this reference, with Pima County, Town of Marana, City of South
Tucson, Town of Sahuarita, Pascua Yaqui Tribe, and the Tucson Airport Authority for
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the formation, implementation, deployment, equipping, governance and maintenance of a
Regional Mobile Field Force Team is hereby authorized and approved.
SECTION 2. The Chief of Police 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.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 7
th day ofMarch, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
1
Intergovernmental Agreement
Among
Pima County, Town of Oro Valley, Town of Marana, City of South Tucson,
Town of Sahuarita, Pascua Yaqui Tribe, and the Tucson Airport Authority
ForThe
Formation, Implementation, Deployment, Equipping, Governance and Maintenance of
a Regional Mobile Field Force
This Intergovernmental Agreement (“IGA”) is entered into by and amongPima County, a
political subdivision of the State of Arizona (“County”); the Town of Oro Valley, a municipal
corporation; the Town of Marana, a municipal corporation; the City of South Tucson, a municipal
corporation; the Town of Sahuarita, a municipal corporation; the Pascua Yaqui Tribe, a federally
recognized Indian tribe; and the Tucson Airport Authority, Inc., an Arizona non-profit corporation
(referred to collectively as the “Participating Jurisdictions”or “parties”).
Recitals
A. WHEREAS theParticipating Jurisdictions previouslyenteredinto a collective agreement
to form and operate the Pima Regional Mobile Field Force (“MFF”); and
B. WHEREASthe Countyandmunicipal corporationsmay contract for services and enter
into agreements with one another for joint or cooperative action pursuant to
A.R.S. § 11-952; and
C. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into agreements
for joint or cooperative action pursuant to Article VI, Section 1(a) of the Constitution of
the Pascua Yaqui Tribe; and
D. WHEREAS the Tucson Airport Authority may contract for services and enter into
agreements pursuant to A.R.S. § 10-3302; and
E. WHEREAS continuation of the Pima Regional MFF willmaintain and enhance the ability
of the Participating Jurisdictions, through their various law enforcement agencies, to
respond to those situations in which use of a MFF is appropriate.
NOW, THEREFORE, the Participating Jurisdictions, pursuant to the authority described above,
and in consideration of the matters and things hereinafter set forth, do mutually agree as follows:
Agreement
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I. Purpose
The purpose of this IGA is to form the Pima Regional Mobile Field Force, the mission of
which is to respond,when requested by a Participating Jurisdiction or other law enforcement
entity, to any of the following: civil disobedience, protest, civil disturbance, riot, sports event
or other event which requires a cohesive unilateral law enforcement response to mitigate
participant actions during the event and to secure, isolate and resolve situations in a manner
consistent withescalation of force theories and the preservation of life.
II. Scope
The Participating Jurisdictions shall work together in good faith through their various law
enforcement agencies to form and operate the Pima Regional MFF as set forth in the
Standard Operating Procedures and Policies Manual(the “Manual”), which isincorporated
herein by this reference.
Additional jurisdictions may be permitted to participate upon the unanimousconsent of all the
then-Participating Jurisdictions, and execution of a resolution and a counterpart signature
page to this IGA by the additional jurisdiction’s governing body. Any new participant so
admitted will be deemed to be a “Participating Jurisdiction” hereunder.
All individuals selected to participate as members of the MFFwill continue to be employees
of the ParticipatingJurisdiction with which they are associated.
III. Financing
Each Participating Jurisdiction will fund the procurement of all necessary equipment for its
members of the MFF. Grant funds obtained for the MFF shall be used for the benefit of all
Participating Jurisdictions. In the event a Participating Jurisdiction withdraws fromthe MFF
pursuant to Section V(A) or (B) herein, the Participating Jurisdiction shall not be entitled to
any share of grant fundsexisting atthe date of withdrawal, and all such funds shall continue to
be used for the benefit of the remaining Participating Jurisdictions. Each Participating
Jurisdiction shall bear the costs of its own employees incurred in the implementation and
operation of this IGA, including wages, overtime, health insurance, benefits, and workers’
compensation.
IV. Term
This IGA shall be for an initialterm of five (5) years,effective on the date it is recorded with
the Pima County Recorder, following execution by all the parties.The parties shall have the
option to extend the term of this IGA for two additionalfive (5)year periods or any portion
thereof. Any modification or time extension of this IGA shall be by formal written amendment
executed by the parties.
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V. Termination
A.Withdrawal without Cause.A Participating Jurisdiction may terminate its
participation in the MFF under this IGA, with no less than sixty (60) calendar days’
written notice to the other Participating Jurisdictions. If a Participating Jurisdiction
terminates as a result of a failure of its governing body to budget and appropriate
sufficient funds to support that Participating Jurisdiction’s participation,and a sixty (60)
calendar days’ notice is not possible, it shallgive the other Participating Jurisdictions
written notice of the non-appropriation within ten (10) business days after the final
budget is adopted by its governing body.
B.Withdrawal for Cause. A Participating Jurisdiction may withdraw immediately in the
event that the MFF, for reasons other than the actions or directions of that
Jurisdiction’s MFF members, materially breaches the standard operating procedures in
a manner that exposes that Participating Jurisdiction to significant additional legal
liability, or the MFF or one or more other Participating Jurisdictions materially breach
this IGA. Because each Participating Jurisdiction understands and acknowledges that
its withdrawal from the MFF will cause significant disruption to the operation of the
MFF, it shall not exercise this termination option unless the breach or exposure is
significant, material, or of an on-going nature.
C.Termination in Event of County Withdrawal. In the event that the County
terminates its participation in this IGA, and after completion of the duties set forth in
subsection D below, this IGA shall terminate as to all Participating Jurisdictions. The
withdrawal of any Participating Jurisdiction other than the County shall not affect the
validity and continuation of the IGA as to the other parties.
D.Shutting Down Operations. Upon expiration of this IGA, or in the event of an earlier
termination as to all the Participating Jurisdictions, whether by agreement of the
Participating Jurisdictions or as a result of the County’s withdrawal, the remaining
parties hereto shall cooperate in good faith to close the operation of the MFF in a
manner that is safe and fiscally sound.
E.Disposition of Equipment . In the event a Participating Jurisdiction terminates its
participation or withdraws from the MFF pursuant to Section V(A) or (B), any
uniforms purchased through grant funding and assigned to members of the terminating
or withdrawing Participating Jurisdiction shall remain the property of theParticipating
Jurisdiction. All equipment purchased through grant funding and assigned as MFF
equipment will remain with the remaining Participating Jurisdictions. A terminating or
withdrawing Participating Jurisdiction shall retain any personal equipment purchased for
its members by the Participating Jurisdiction. In the event this IGA is terminated
4
pursuant to Section V(C), all equipment purchased for the MFFthrough grant funding
shall be divided proportionally among the Participating Jurisdictions.
VI. Insurance
Each Participating Jurisdiction shall obtain and maintain at its own expense, during the entire
term of such Participating Jurisdiction’s participation in this IGA, the following type(s) and
amounts of insurance:
a)Commercial General Liability in the amount of $2,000,000.00 combined,
single limit Bodily Injury and Property damage;
b) Commercial or Business automobile liability coverage for owned, non-owned
and hired vehicles used in the performance of this IGA with limits in the amount
of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury,
$1,000,000.00 Property Damage;
c) Worker’s compensation coverage, including employees’ liability coverage, as
required by law.
A Participating Jurisdiction may self-insure as permitted by law.
VII.Indemnification.
To the extent permitted by law, each Participating Jurisdiction(as “indemnitor”) agrees to
indemnify, defend and hold harmless each of the other Participating Jurisdictions (as
“indemnitee(s)”) from and against any and all claims, losses, liability, costs, or expenses,
including reasonable attorney’s fees (hereinafter collectively referred to as “claims”) arising
out of bodily injury, including death, or property damage, but only to the extent that such
claims which result in vicarious/derivative liability to the indemnitee(s), are caused by the act,
omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees or volunteers. This indemnification shall survive the termination of this IGA or the
termination of the participation of any of the parties.
VIII. Compliance with Laws
A.The Participating Jurisdictions shall comply with all applicable federal, state and local
laws, rules, regulations, standards and Executive Orders, without limitation to those
designated within this IGA. As to parties that are Indian tribes, an Executive Order shall
only be deemed to be applicable if it specifically names “Indian tribes” as being within the
scope of the Order, and the person issuing the Order has lawful authority to issue an
Executive Order that would be lawfully binding upon Indian tribes. The laws and
regulations of the State of Arizona shall govern the rights of the parties, the performance
5
of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought
in anycourt of competent jurisdiction.
B.Notwithstanding any other provision contained herein, this IGA does not extend
otherwise inapplicable state or federal law to any jurisdiction under the authority of an
Indian tribe, nor shall this IGA or the MFF be used to enforce inapplicable state or
federal law in such jurisdictions.
IX.Non-Discrimination
In the course of carrying out their duties pursuant to this IGA, the parties shall not
discriminate against any employee, client or any other individual in any way because of that
person’s age, race, creed, color, religion, sex, disability or national origin. The parties who
are not Indian tribes shall comply with the provisions of Executive Order 75-5, as amended
by Executive Order 99-4, which is incorporated into this IGA by reference, as if set forth in
full herein. In performance of this IGA, those parties that are Indian Tribes shall comply with
all anti-discrimination laws and ordinances specifically made applicable to Indian tribes by
law.
X.ADA
In performance of this IGA, the parties shall comply with all applicable provisions of the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all
applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
XI.Severability
The provisions of this IGA are severable. If any provision of this IGA, or any application
thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not
affect other provisions or applications of this IGA which can be given effect.
XII. Conflict of Interest
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511,
the relevant provisions of which are incorporated herein by reference.
XIII. Legal Authority.
No party warrants to the other its legal authority to enter into this IGA. If a court, should
declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or
parts of it affected by such order, shall be null and void, and no recovery may be had by any
party against another for lack of performance or otherwise.
6
XIV. Workers’ Compensation.
Each party who is not an Indian tribe shall comply with the notice of A.R.S. § 23-1022 (E).
For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of
all personnel currently or hereafter employed by that party, irrespective of the operations of
protocol in place, and said party shall have the sole responsibility for the payment of
Workers’ Compensation benefits or other fringe benefits of said employees.
XV. No Third Party Beneficiaries.
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in
third parties not parties to this IGA or affect the legal liability of any party to the IGA by
imposing any standard of care with respect to the maintenance of public facilities different
from the standard of care imposed by law.
XVI. Sovereign Immunity.
Nothing in this IGA shall be construed as an express or implied waiver of the sovereign
immunity of any party in any forum or jurisdiction. Provisions of this IGA shall apply to tribal
jurisdictions only to the extent that they do not infringe on tribalsovereignty.
XVII. Immigration Laws.
A. The parties hereby warrant that they will at all times during the term of this IGA
comply with all federal immigration laws applicable to each party’s employment of its
employees, and with the requirements of A.R.S. § 23-214(A), if applicable(together
the “State and Federal Immigration laws”). The parties shall further ensure that each
subcontractor who performs any work for the party under this IGA likewise complies
with the State and Federal Immigration Laws, as applicable to each party.
B. Notwithstanding any other provision contained herein, Participating Jurisdictions
shall not use this IGA or the MFF to enforce the State and Federal Immigration laws
against, or within the jurisdiction of, any party that is an Indian tribe. Neither will
Participating Jurisdictions conduct State and Federal immigration checks during an
MFF response or activity within the jurisdiction of any party that is an Indian tribe
without the express consent of that Indian tribe’s governing body, which is not to be
inferred by the execution of this IGA, and which any party that is an Indian tribe
reserves the right to withhold.
XVIII. Entire Agreement.
This document constitutes the entire agreement between the parties pertaining to the subject
matter hereof, and all prior or contemporaneous agreements and understandings, oral or
7
written, are hereby superseded. This IGA shall not be modified, amended, altered or
extended except through a written amendment signed by the parties and recorded with the
Pima County Recorder.
XIX. Counterparts.
This IGA may be executed in multiple counterpart form, with each such counterpart
constituting a binding original agreement between and among the parties.
8
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
PIMA COUNTY:ATTEST:
Sharon Bronson Date
Chairman, Board of Supervisors
Julie Castaneda Date
Clerk of the Board
APPROVED AS TO FORM
Mark Napier Date
Sheriff of Pima County
Sean Holguin Date
Deputy County Attorney, Pima County
9
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF ORO VALLEY ATTEST:
Dr. Satish I. Hiremath Date
Mayor of Oro Valley
Michael Standish Date
Town Clerk
APPROVED AS TO FORM
Danny Sharp Date
Chief of Police, Oro Valley
Tobin Sidles Date
Town Attorney
10
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF SAHUARITA ATTEST:
Tom Murphy Date
Mayor of Sahuarita
Lisa Cole Date
Town Clerk
APPROVED AS TO FORM
Chief John Noland Date
Chief of Police, Sahuarita
Daniel J. Hochuli Date
Sahuarita Town Attorney
11
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
CITY OF SOUTH TUCSON ATTEST:
Ildefonso Green Date
Mayor of South Tucson
Veronica Moreno Date
City Clerk
APPROVED AS TO FORM
Kevin Shonk Date
Chief of Police, South Tucson
Bobby Yu Date
City Attorney
12
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF MARANA ATTEST:
Ed Honea Date
Mayor of Marana
Jocelyn C. Bronson Date
Town Clerk
APPROVED AS TO FORM
Chief Terry Rozema Date
Chief of Police, Marana
Frank Cassidy Date
Marana Town Attorney
13
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
PASCUA YAQUI TRIBE ATTEST:
Robert Valencia Date
Tribal Council Chairman
Mary Jane Buenamea Date
Tribal Council Secretary
APPROVED AS TO FORM
Michael Valenzuela Date
Chief of Police, Pascua Yaqui Tribe
Laura Berglan Date
Attorney General, Pascua Yaqui Tribe
14
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and attested by
its clerk, upon resolution of its governing body.
TUCSON AIRPORT AUTHORITY ATTEST:
Bonnie Allin Date
President/CEO Tucson Airport Authority
Linda Mabry Date
Executive Assistant to the President
APPROVED AS TO FORM
John Ivanoff Date
Director of Public Safety, Tucson Airport
Police Department
Sarah Meadows Date
General Counsel, Tucson Airport Authority
15
-END OF DOCUMENT-
Town Council Regular Session Item # C.
Meeting Date:03/07/2018
Requested by: Chris Cornelison Submitted By:Caroline Standiford,
Legal
Department:Town Manager's Office
Information
SUBJECT:
Resolution No. (R)18-07, authorizing and approving a franchise agreement between the
Town of Oro Valley and Comcast of Arizona, Inc.
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The existing agreement between the Town of Oro Valley and Comcast of Arizona, Inc. is
expiring soon and a renewal is necessary for both the Town and Comcast to continue
the ongoing contractual relationship under federal law.
BACKGROUND OR DETAILED INFORMATION:
On March 18, 2018, the existing license agreement between the Town and Comcast is
set to expire. On September 5, 2007, Council approved Town Code Article 12-17 “Cable
Franchise” which was drafted to spell out the Town’s expectations and new technical
standards in the right-of-way. This new franchise agreement is updated to include a
10-year term and leaves other terms and revenue provisions of the expiring agreement
intact.
FISCAL IMPACT:
N/A.
SUGGESTED MOTION:
I MOVE to adopt Resolution No. (R)18-07, authorizing and approving the license
agreement between the Town of Oro Valley and Comcast of Arizona, Inc.
Attachments
(R)18-07 Franchise Agreement
Franchise Agreement
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@E00BE56C\@BCL@E00BE56C.doc Oro Valley Town Attorney’s Office /ca/ 090707
RESOLUTION NO. (R)18-07
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A
FRANCHISE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY
AND COMCAST OF ARIZONA, INC
WHEREAS,pursuant to federal and state law, the Town is authorized to grant one or more
nonexclusive franchises to construct, operate, maintain and reconstruct Cable Television Systems
within the limits of the Town; and
WHEREAS,it has been determined to be in the best interest of the Town to enter into the
Franchise Agreement, attached hereto as Exhibit “A”, between the Town of Oro Valley and
Comcast of Arizona, Inc. and that the Mayor and Council authorize and approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of
Oro Valley, Arizona that the License Agreement between the Town of Oro Valley and Comcast
of Arizona, Inc., attached hereto as Exhibit “A”, is hereby approved.
NOW BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of
the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and
implement the terms of the License Agreement.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 7
th day of March, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date:Date:
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@E00BE56C\@BCL@E00BE56C.doc Oro Valley Town Attorney’s Office /ca/ 090707
EXHIBIT “A”
FRANCHISE AGREEMENT
1
CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE TOWN OF ORO VALLEY, ARIZONA
AND COMCAST OF ARIZONA, LLC.
This Franchise Agreement (hereinafter, the “Agreement” or “Franchise
Agreement”) is made between the Town of Oro Valley, Arizona (hereinafter,
“Franchising Authority”) and Comcast of Arizona, LLC (hereinafter, “Grantee”).
The Franchising Authority, having determined that the financial, legal, and
technical ability of the Grantee is reasonably sufficient to provide the services, facilities,
and equipment necessary to meet the future cable-related needs of the community, desires
to enter into this Franchise Agreement with the Grantee for the construction, operation
and maintenance of a Cable System on the terms and conditions set forth herein.
SECTION 1 - Definition of Terms
For the purpose of this Franchise Agreement, capitalized terms, phrases, words,
and abbreviations shall have the meanings ascribed to them in the Cable Communications
Policy Act of 1984, as amended from time to time, 47 U.S.C. §§ 521 et seq. (the “Cable
Act”), unless otherwise defined herein.
A.“Affiliate” when used in relation to any person, means another person who owns
or controls, is owned or controlled by, or is under common ownership or control with,
such person.
B.“Basic Cable” is the lowest priced tier of Cable Service offered by Grantee that
includes the retransmission of local broadcast television signals.
C.“Cable Act” means the Cable Communications Policy Act of 1984 (Public Law
No. 98-549, 47 USC 521 (Supp.)) as amended by the Cable Television Consumer
Protection and Competition Act of 1992, as further amended by the Telecommunications
Act of 1996 and as further amended or superseded.
D.“Cable Services” shall mean (1) the one-way transmission to Subscribers of (a)
video programming, or (b) other programming service, and (2) Subscriber interaction, if
any, which is required for the selection or use of such video programming or other
programming service.
E.“Cable System” shall mean the Grantee’s facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment
that is designed to provide Cable Service which includes video programming and which
is provided to multiple Subscribers within the Service Area.
2
F.“Customer” or “Subscriber” means a Person or user of the Cable System who
lawfully receives Cable Service therefrom with the Grantee’s express permission.
G.“FCC” means the Federal Communications Commission or successor
governmental entity thereto.
H.“Franchise” means the initial authorization, or renewal thereof, issued by the
Franchising Authority, whether such authorization is designated as a franchise,
agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which
authorizes the construction and operation of the Cable System within the Franchise Area.
I.“Franchise Agreement” or “Agreement” shall mean this Agreement and any
amendments or modifications hereto.
J.“Franchising Authority” or “Town” means the Town of Oro Valley, within the
State of Arizona, or the lawful successor, transferee, or assignee thereof.
K.“Franchise Area” means the present legal boundaries of the Franchising Authority
as of the Effective Date, and shall also include any additions thereto, by annexation or
other legal means.
L.“Grantee” means Comcast of Arizona, LLC, or the lawful successor, transferee,
or assignee thereof.
M.“Gross Revenue” means any revenue directly received by the Grantee according
to generally accepted accounting principles consistently applied, that would constitute a
Cable Operator of the Cable System under the Cable Act, derived from the operation of
the Cable System to provide Cable Services in any manner that requires use of the Public
Ways in the Service Area. Gross Revenues include, but are not limited to, basic,
expanded basic, and pay service revenues, revenues from installation and rental of
converters.
Gross Revenues do not include (i) revenue from sources excluded by law; (ii)
revenue derived by Grantee from services provided to its Affiliates; (iii) late payment
fees; (iv) charges other than those described above that are aggregated or bundled with
amounts billed to Cable Service Subscribers such as charges for Broadband or
Telephone services; (v) fees or taxes which are imposed directly on any Subscriber by
any governmental unit or agency, and which are collected by the Grantee on behalf of a
governmental unit or agency including the FCC User Fee; (vi) revenue which cannot be
collected by the Grantee and are identified as bad debt, provided, that if revenue
previously representing bad debt is collected, this revenue shall then at time of collection
be included in Gross Revenues for the collection period; (vii) refundable deposits,
investment income, programming launch support payments, or advertising sales
commissions; and (viii) Internet services to the extent that such service is not considered
to be a Cable Service as defined by law.
3
N."Person" means any natural person or any association, firm, partnership, joint
venture, corporation, or other legally recognized entity, whether for-profit or not-for
profit, but shall not mean the Franchising Authority.
O."Public Way" shall mean the surface of, and the space above and below, any
public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but
not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated
for compatible uses and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the Franchising Authority in the Service Area which
shall entitle the Franchising Authority and the Grantee to the use thereof for the purpose
of installing, operating, repairing, and maintaining the Cable System. Public Way shall
also mean any easement now or hereafter held by the Franchising Authority within the
Service Area for the purpose of public travel, or for utility or public service use dedicated
for compatible uses, and shall include other easements or rights-of-way as shall within
their proper use and meaning entitle the Franchising Authority and the Grantee to the use
thereof for the purposes of installing and operating the Grantee's Cable System over
wires, cables, conductors, ducts, vaults, manholes, amplifiers, appliances, attachments,
and other property as may be ordinarily necessary and pertinent to the Cable System.
P."Service Area" means the present municipal boundaries of the Franchising
Authority, and shall include any additions thereto by annexation or other legal means,
subject to the exceptions in subsection 3.9.
Q.“Standard Installation” is defined as 125 feet from the nearest tap, to the
Subscriber’s terminal.
R.“Video Service Provider” or “VSP” shall mean any entity using the public rights-
of-way to provide multiple video programming services to subscribers, using a cable
system. A VSP shall include but is not limited to any entity that provides cable services,
multichannel multipoint distribution services and Internet Protocol based services.
SECTION 2 - Grant of Authority
2.1.The Franchising Authority hereby grants to the Grantee a nonexclusive
Franchise authorizing the Grantee to construct and operate a Cable System in the Public
Ways within the Franchise Area, and for that purpose to erect, install, construct, repair,
replace, reconstruct, maintain, or retain in any Public Way such poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may be necessary or appurtenant
to the Cable System, and to provide such services over the Cable System as may be
lawfully allowed.
4
2.1.1 Subject to federal and state preemption, the provisions of this
Franchise constitute a valid and enforceable contract between the parties. In the event of
a conflict between any ordinance and this Franchise, the Franchise Agreement shall
control. The material terms and conditions contained in this Franchise Agreement may
not be unilaterally altered by the Franchising Authority through subsequent amendment
to any ordinance, rule, regulation, or other enactment of the Franchising Authority,
except in the lawful exercise of the Franchising Authority’s police power.
2.1.2 Notwithstanding any other provision of this Franchise, Grantee
reserves the right to challenge provisions of any ordinance, rule, regulation, or other
enactment of the Franchising Authority that conflicts with its contractual rights under this
Franchise, either now or in the future.
2.2.Term of Franchise. The term of the Franchise granted hereunder shall be
Ten (10) years, commencing upon the Effective Date of the Franchise, unless the
Franchise is renewed or is lawfully terminated in accordance with the terms of this
Franchise Agreement and the Cable Act.
2.3.Renewal. Any renewal of this Franchise shall be governed by and comply
with the provisions of Section 626 of the Cable Act, as amended.
2.4.Reservation of Authority. Nothing in this Franchise Agreement shall (A)
abrogate the right of the Franchising Authority to perform any public works or public
improvements of any description, (B) be construed as a waiver of any codes or
ordinances of general applicability promulgated by the Franchising Authority, or (C) be
construed as a waiver or release of the rights of the Franchising Authority in and to the
Public Ways.
SECTION 3 – Construction and Maintenance of the Cable System
3.1.Permits and General Obligations. The Grantee shall be responsible for
obtaining, at its own cost and expense, all generally applicable permits, licenses, or other
forms of approval or authorization necessary to construct, operate, maintain or repair the
Cable System, or any part thereof, prior to the commencement of any such activity.
Construction, installation, and maintenance of the Cable System shall be performed in a
safe, thorough and reliable manner using materials of good and durable quality. All
transmission and distribution structures, poles, other lines, and equipment installed by the
Grantee for use in the Cable System in accordance with the terms and conditions of this
Franchise Agreement shall be located so as to minimize the interference with the proper
use of the Public Ways and the rights and reasonable convenience of property owners
who own property that adjoins any such Public Way.
5
3.2.Conditions of Street Occupancy.
3.2.1. New Grades or Lines. If the grades or lines of any Public Way
within the Franchise Area are lawfully changed at any time during the term of this
Franchise Agreement, then the Grantee shall, upon reasonable advance written notice
from the Franchising Authority (which shall not be less than ten (10) business days) and
at its own cost and expense, protect or promptly alter or relocate the Cable System, or any
part thereof, so as to conform with any such new grades or lines. In the event that
Franchise Authority requests relocation efforts to relocate above ground facilities from
Grantee solely for aesthetic reasons, then Franchise Authority agrees to pay all costs
associated with relocation. If public funds are available to any other user of the Public
Way for the purpose of defraying the cost of any of the foregoing, the Franchising
Authority shall notify Grantee of such funding and make available such funds to the
Grantee.
3.2.2. Relocation at Request of Third Party. The Grantee shall, upon
reasonable prior written request of any Person holding a permit issued by the Franchising
Authority, move any structure, and/or temporarily move its wires to permit the moving of
such structure; provided (i) the Grantee may impose a reasonable charge on any Person
for the movement of its wires, and such charge may be required to be paid in advance of
the movement of its wires; and (ii) the Grantee is given not less than ten (10) business
days advance written notice to arrange for such temporary relocation or no less than one
hundred twenty (120) days for a permanent relocation.
3.2.3. Restoration of Public Ways. If in connection with the construction,
operation, maintenance, or repair of the Cable System, the Grantee disturbs, alters, or
damages any Public Way, the Grantee agrees that it shall at its own cost and expense
replace and restore any such Public Way to a condition reasonably comparable to the
condition of the Public Way existing immediately prior to the disturbance.
3.2.4. Safety Requirements. The Grantee shall, at its own cost and
expense, undertake all necessary and appropriate efforts to maintain its work sites in a
safe manner in order to prevent failures and accidents that may cause damage, injuries or
nuisances. All work undertaken on the Cable System shall be performed in substantial
accordance with applicable FCC or other federal and state regulations. The Cable System
shall not unreasonably endanger or interfere with the safety of Persons or property in the
Franchise Area.
3.2.5. Trimming of Trees and Shrubbery. The Grantee shall have the
authority to trim trees or other natural growth overhanging any of its Cable System in the
Franchise Area so as to prevent contact with the Grantee’s wires, cables, or other
equipment. All such trimming shall be done at the Grantee’s sole cost and expense. The
Grantee shall be responsible for any damage caused by such trimming.
3.2.6. Aerial and Underground Construction. At the time of Cable
System construction, if all of the transmission and distribution facilities of all of the
6
respective public or municipal utilities in any area of the Franchise Area are underground,
the Grantee shall place its Cable Systems’ transmission and distribution facilities
underground, provided that such underground locations are actually capable of
accommodating the Grantee’s cable and other equipment without technical degradation
of the Cable System’s signal quality. In any region(s) of the Franchise Area where the
transmission or distribution facilities of the respective public or municipal utilities are
both aerial and underground, the Grantee shall confer with Franchise Authority and defer
to Franchise Authority recommendation on construction, of any new transmission and
distribution facilities, or any part thereof, aerially or underground. Nothing in this
Section shall be construed to require the Grantee to construct, operate, or maintain
underground any ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers, power supplies, pedestals, or other related equipment.
3.2.7. Undergrounding and Beautification Projects. In the event funding
is available to all users of the Public Way for the purpose of relocation of aerial facilities
underground as part of an undergrounding or neighborhood beautification project,
Grantee shall be entitled to participate in the planning for relocation of its aerial facilities
contemporaneously with other utilities. Grantee’s relocation costs shall be included in
any computation of available project funding by the municipality or private parties.
3.2.8 Right of Abandonment. The Grantee shall in all cases have the
right of abandonment of its property.
SECTION 4 - Service Obligations
4.1.General Service Obligation.
Whenever the Grantee shall receive a request for Cable Service from at least
fifteen (15) residences within 1320 cable-bearing strand feet (one-quarter cable mile) of
its trunk or distribution cable, it shall extend its Cable System to such Subscribers at no
cost to said Subscribers for Cable System extension, other than the usual connection fees
for all Subscribers provided that such extension is technically feasible, and if it will not
adversely affect the operation, financial condition, or market development of the Cable
System.
The Grantee may elect to provide Cable Service to areas not meeting the
above density standards at its discretion. The Grantee may impose an additional charge
for any service installation requiring a drop in or line extension to a subject property in
excess of the density requirement above and/or in excess of any standard installation
distance. Any such additional charge shall be computed on a time plus materials basis to
be calculated on that portion of the installation that exceeds the standards set forth herein.
4.2.Programming. The Grantee shall offer to all Customers a diversity of
video programming services.
7
4.3.No Discrimination. The Grantee shall not discriminate or permit
discrimination between or among any Persons in the availability of Cable Services or
other services provided in connection with the Cable System in the Franchise Area. It
shall be the right of all Persons to receive all available services provided on the Cable
System so long as such Person’s financial or other obligations to the Grantee are
satisfied. Nothing contained herein shall prohibit the Grantee from offering bulk
discounts, promotional discounts, package discounts, or other such pricing strategies as
part of its business practice.
4.4.New Developments. The Franchising Authority shall provide the Grantee
with written notice of the issuance of building or development permits for planned
developments within the Franchise Area requiring undergrounding of cable facilities.
The Franchising Authority agrees to require the developer, as a condition of issuing the
permit, to give the Grantee access to open trenches for deployment of cable facilities and
at least ten (10) business days written notice of the date of availability of open trenches.
Notwithstanding the foregoing, the Grantee shall not be required to utilize any open
trench.
SECTION 5 - Fees and Charges to Customers
5.1.All rates, fees, charges, deposits and associated terms and conditions to be
imposed by the Grantee or any affiliated Person for any Cable Service as of the Effective
Date shall be in accordance with applicable FCC’s rate regulations. Before any new or
modified rate, fee, or charge is imposed, the Grantee shall follow the applicable FCC
notice requirements and rules and notify affected Customers, which notice may be by any
means permitted under applicable law.
SECTION 6 - Customer Service Standards; Customer Bills;
and Privacy Protection
6.1.Customer Service Standards. The Franchising Authority hereby adopts
the customer service standards set forth in Part 76, §76.309 of the FCC’s rules and
regulations, as amended. The Grantee shall comply in all respects with the customer
service requirements established by the FCC.
6.2.Customer Bills. Customer bills shall be designed in such a way as to
present the information contained therein clearly and comprehensibly to Customers, and
in a way that (A) is not misleading and (B) does not omit material information.
Notwithstanding anything to the contrary in Section 6.1, above, the Grantee may, in its
sole discretion, consolidate costs on Customer bills as may otherwise be permitted by
Section 622(c) of the Cable Act (47 U.S.C. §542(c)).
8
6.3.Privacy Protection. The Grantee shall comply with all applicable federal
and state privacy laws, including Section 631 of the Cable Act and regulations adopted
pursuant thereto.
SECTION 7 - Oversight and Regulation by Franchising Authority
7.1.Franchise Fees. The Grantee shall pay to the Franchising Authority a
franchise fee in an amount equal to five percent (5%) of annual Gross Revenues received
from the operation of the Cable System to provide Cable Service in the Franchise Area;
provided, however, that Grantee shall not be compelled to pay any higher percentage of
franchise fees than any other Video Service Provider providing service in the Franchise
Area. The payment of franchise fees shall be made on a quarterly basis and shall be due
forty five (45) days after the close of each calendar quarter. In the event that the Grantee
is required to pay a Franchise Application Fee in accordance with Oro Valley Code 12-
17-13, Grantee may offset the franchise renewal fee against any franchise fees due and
payable to Franchising Authority on the first quarterly payment. Each franchise fee
payment shall be accompanied by a report prepared by a representative of the Grantee
showing the basis for the computation of the Franchise Fees paid during that period.
7.2.Franchise Fees Subject to Audit.
7.2.1. Upon reasonable prior written notice, during normal business hours
at Grantee’s principal business office, the Franchising Authority shall have the right to
inspect the Grantee’s financial records used to calculate the Franchising Authority’s
franchise fees; provided, however, that any such inspection shall take place within two
(2) years from the date the Franchising Authority receives such payment, after which
period any such payment shall be considered final.
7.2.2. Upon the completion of any such audit by the Franchising
Authority, the Franchising Authority shall provide to the Grantee a final report setting
forth the Franchising Authority’s findings in detail, including any and all substantiating
documentation. In the event of an alleged underpayment, the Grantee shall have thirty
(30) days from the receipt of the report to provide the Franchising Authority with a
written response agreeing to or refuting the results of the audit, including any
substantiating documentation. Based on these reports and responses, the parties shall
agree upon a “Finally Settled Amount.” For purposes of this Section, the term “Finally
Settled Amount(s)” shall mean the agreed upon underpayment, if any, to the Franchising
Authority by the Grantee as a result of any such audit. If the parties cannot agree on a
“Final Settlement Amount,” the parties shall submit the dispute to a mutually agreed
upon mediator within sixty (60) days of reaching an impasse. In the event an agreement
is not reached at mediation, either party may bring an action to have the disputed amount
determined by a court of law.
7.2.3. Any “Finally Settled Amount(s)” due to the Franchising Authority
as a result of such audit shall be paid to the Franchising Authority by the Grantee within
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thirty (30) days from the date the parties agree upon the “Finally Settled Amount.” Once
the parties agree upon a Finally Settled Amount and such amount is paid by the Grantee,
the Franchising Authority shall have no further rights to audit or challenge the payment
for that period. The Franchising Authority shall bear the expense of its audit of the
Grantee’s books and records.
7.3.Oversight of Franchise. In accordance with applicable law, the
Franchising Authority shall have the right to, on reasonable prior written notice and in the
presence of Grantee’s employee, periodically inspect the construction and maintenance of
the Cable System in the Franchise Area as necessary to monitor Grantee’s compliance
with the provisions of this Franchise Agreement.
7.4.Technical Standards. The Grantee shall comply with all applicable
technical standards of the FCC as published in subpart K of 47 C.F.R. § 76. To the extent
those standards are altered, modified, or amended during the term of this Franchise, the
Grantee shall comply with such altered, modified or amended standards within a
reasonable period after such standards become effective. The Franchising Authority shall
have, upon written request, the right to obtain a copy of tests and records required to be
performed pursuant to the FCC’s rules.
7.5.Maintenance of Books, Records, and Files.
7.5.1. Books and Records. Throughout the term of this Franchise
Agreement, the Grantee agrees that the Franchising Authority may review the Grantee’s
books and records regarding customer service performance levels in the Franchise Area
to monitor Grantee’s compliance with the provisions of this Franchise Agreement, upon
reasonable prior written notice to the Grantee, at the Grantee’s business office, during
normal business hours, and without unreasonably interfering with Grantee’s business
operations. All such documents that may be the subject of an inspection by the
Franchising Authority shall be retained by the Grantee for a minimum period of three (3)
years.
7.5.2. Proprietary Information. Notwithstanding anything to the contrary
set forth in this Section, the Grantee shall not be required to disclose information which it
reasonably deems to be proprietary or confidential in nature. The Franchising Authority
agrees to treat any information disclosed by the Grantee as confidential and only to
disclose it to those employees, representatives, and agents of the Franchising Authority
that have a need to know in order to enforce this Franchise Agreement and who agree to
maintain the confidentiality of all such information. The Grantee shall not be required to
provide Customer information in violation of Section 631 of the Cable Act or any other
applicable federal or state privacy law. For purposes of this Section, the terms
“proprietary or confidential” include, but are not limited to, information relating to the
Cable System design, customer lists, marketing plans, financial information unrelated to
the calculation of franchise fees or rates pursuant to FCC rules, or other information that
is reasonably determined by the Grantee to competitively sensitive. Grantee may make
proprietary or confidential information available for inspection but not copying or
10
removal by the Franchise Authority’s representative. In the event that the Franchising
Authority has in its possession and receives a request under a state “sunshine,” public
records, or similar law for the disclosure of information the Grantee has designated as
confidential, trade secret or proprietary, the Franchising Authority shall notify Grantee of
such request and cooperate with Grantee in opposing such request.
SECTION 8 – Transfer of Cable System or Franchise or Control of Grantee
8.1.Neither the Grantee nor any other Person may transfer the Cable System
or the Franchise without the prior written consent of the Franchising Authority, which
consent shall not be unreasonably withheld or delayed. No transfer of control of the
Grantee, defined as an acquisition of 51% or greater ownership interest in Grantee, shall
take place without the prior written consent of the Franchising Authority, which consent
shall not be unreasonably withheld or delayed. No consent shall be required, however,
for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights,
title, or interest of the Grantee in the Franchise or in the Cable System in order to secure
indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by
Comcast Corporation. Within thirty (30) days of receiving a request for consent, the
Franchising Authority shall, in accordance with FCC rules and regulations, notify the
Grantee in writing of the additional information, if any, it requires to determine the legal,
financial and technical qualifications of the transferee or new controlling party. If the
Franchising Authority has not taken final action on the Grantee’s request for consent
within one hundred twenty (120) days after receiving such request, consent shall be
deemed granted.
SECTION 9 - Insurance and Indemnity
9.1.Insurance. Throughout the term of this Franchise Agreement, the Grantee
shall, at its own cost and expense, maintain Comprehensive General Liability Insurance
and provide the Franchising Authority certificates of insurance designating the
Franchising Authority and its officers, boards, commissions, councils, elected officials,
agents and employees as additional insureds and demonstrating that the Grantee has
obtained the insurance required in this Section. Such policy or policies shall be in the
minimum amount of One Million Dollars ($2,000,000.00) for bodily injury or death to
any one person, and One Million Dollars ($2,000,000.00) for bodily injury or death of
any two or more persons resulting from one occurrence, and One Million Dollars
($2,000,000.00) for property damage resulting from any one accident. Such policy or
policies shall be non-cancelable except upon thirty (30) days prior written notice to the
Franchising Authority. The Grantee shall provide workers’ compensation coverage in
accordance with applicable law. The Grantee shall indemnify and hold harmless the
Franchising Authority from any workers compensation claims to which the Grantee may
become subject during the term of this Franchise Agreement
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9.2.Indemnification. The Grantee agrees to indemnify, save and hold harmless, and
defend the Franchising Authority, its elected and appointed officials, officers, agents,
boards and employees successors and assigns, from and against any liability for damages
and for any liability or claims resulting from property damage or bodily injury (including
accidental death), which arise out of the Grantee's construction, operation, or
maintenance of its Cable System, provided that the Franchising Authority shall give the
Grantee written notice of its obligation to indemnify the Franchising Authority within ten
(10) days of receipt of a claim or action pursuant to this subsection. Notwithstanding the
foregoing, the Grantee shall not indemnify the Franchising Authority for any damages,
liability or claims resulting from the willful misconduct or negligence of the Franchising
Authority.
SECTION 10 - System Description and Service
10.1.System Capacity. During the term of this Agreement the Grantee’s Cable
System shall be capable of providing a minimum of 120 channels of video programming
with satisfactory reception available to its customers in the Franchise Area.
10.2.Service to Governmental and Institutional Facilities. The Franchising
Authority acknowledges that complimentary services reflect a voluntary initiative on the
part of Grantee. Grantee does not waive any rights it may have regarding complimentary
services under federal law or regulation. Subject to applicable law, should Grantee elect
to offset governmental complimentary services against franchise fees, Grantee shall first
provide Franchising Authority with ninety (90) days’ prior notice. The Grantee, upon
request, shall provide without charge, a Standard Installation, no more than three (3)
boxes per building location, and one outlet of Basic Cable to those administrative
buildings owned and occupied by the Franchising Authority, fire station(s), sheriff sub-
station(s), and K-12 public school(s) that are passed by its Cable System. The Cable
Service provided shall not be distributed beyond the originally installed outlet without
authorization from the Grantee. The Cable Service provided shall not be used for
commercial purposes, and such outlets shall not be located in areas open to the public.
The Franchising Authority shall take reasonable precautions to prevent any use of the
Grantee’s Cable System in any manner that results in any loss or damage to the Cable
System. The Franchising Authority shall hold the Grantee harmless from any and all
liability or claims arising out of the provision and use of Cable Service required by this
subsection. The Grantee shall not be required to provide an outlet to such buildings
where a non-Standard Installation is required, unless the Franchising Authority or
building owner/occupant agrees to pay the incremental cost of any necessary Cable
System extension and/or non-Standard Installation. If additional outlets of Basic Cable
are provided to such buildings, the building owner/occupant shall pay the usual
installation and service fees associated therewith.
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SECTION 11 - Enforcement and Termination of Franchise
11.1.Notice of Violation or Default. In the event the Franchising Authority
believes that the Grantee has not complied with the material terms of the Franchise, it shall
notify the Grantee in writing with specific details regarding the exact nature of the alleged
noncompliance or default.
11.2.Grantee’s Right to Cure or Respond. The Grantee shall have forty-five (45)
days from the receipt of the Franchising Authority’s written notice: (A) to respond to the
Franchising Authority, contesting the assertion of noncompliance or default; or (B) to cure
such default; or (C) in the event that, by nature of the default, such default cannot be cured
within the forty-five (45) day period, initiate reasonable steps to remedy such default and
notify the Franchising Authority of the steps being taken and the projected date that the
cure will be completed.
11.3.Administrative Hearing. In the event the Grantee fails to respond to the
Franchising Authority’s notice or in the event that the alleged default is not remedied
within forty-five (45) days of the date of the Franchising Authority’s notice outlined in
Section 11.2, then the Franchising Authority shall schedule an administrative hearing, with
a third party administrative officer, to investigate the alleged default with said hearing
scheduled by Franchising Authority within thirty (30) business days from the notice/
remedy deadline. The Franchising Authority shall notify the Grantee in writing of the time,
date and location of the administrative hearing. Each party shall be solely responsible for
their respective costs associated with the administrative hearing process, and the cost of
the administrative hearing officer shall be shared equally by the parties.
11.4.Enforcement. Subject to applicable federal and state law, in the event the
Franchising Authority, after such administrative hearing, determines that the Grantee is in
default of any material provision of the Franchise, the Franchising Authority may:
11.4.1. seek specific performance of any provision that reasonably lends
itself to such remedy as an alternative to damages, or seek other equitable relief; or
11.4.2. in the case of a substantial default of a material provision of the
Franchise, declare the Franchise Agreement to be revoked in accordance with the
following:
(i)The Franchising Authority shall give written notice to the
Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by
the Grantee, including two or more instances of substantial noncompliance with a material
provision of the Franchise. The notice shall set forth with specificity the exact nature of
the noncompliance. The Grantee shall have ninety (90) days from the receipt of such notice
to object in writing and to state its reasons for such objection. In the event the Franchising
Authority has not received a response from the Grantee or upon receipt of the response
does not agree with the Grantee’s proposed remedy, it may then seek termination of the
Franchise at a public hearing. The Franchising Authority shall cause to be served upon the
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Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the
time and place of such hearing and stating its intent to request termination of the Franchise.
(ii)At the designated hearing, the Franchising Authority shall
give the Grantee an opportunity to state its position on the matter, present evidence and
question witnesses, after which it shall determine whether or not the Franchise shall be
terminated. The public hearing shall be on the record and a written transcript shall be made
available to the Grantee within ten (10) business days. The decision of the Franchising
Authority shall be in writing and shall be delivered to the Grantee by certified mail. The
Grantee may appeal such determination to an appropriate court, which shall have the power
to review the decision of the Franchising Authority “de novo” and to modify or reverse
such decision as justice may require.
11.5.Technical Violation. The Franchising Authority agrees that it is not its
intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise
for so-called “technical” breach(es) or violation(s) of the Franchise, which shall include,
but not be limited, to the following:
11.5.1. in instances or for matters where a violation or a breach of the
Franchise by the Grantee was good faith error that resulted in no or minimal negative
impact on the Customers within the Franchise Area; or
11.5.2. where there existed circumstances reasonably beyond the control of
the Grantee and which precipitated a violation by the Grantee of the Franchise, or which
were deemed to have prevented the Grantee from complying with a term or condition of
the Franchise.
SECTION 12 – Competitive Equity
12.1.Purposes. The Grantee and the Franchising Authority acknowledge that
there is increasing competition in the video marketplace among cable operators, direct
broadcast satellite providers, telephone companies, broadband content providers and
others; new technologies are emerging that enable the provision of new and advanced
services to Town residents; and changes in the scope and application of the traditional
regulatory framework governing the provision of video services are being considered in a
variety of federal, state and local venues. To foster an environment where video service
providers using the public rights-of-way can compete on a competitively neutral and
nondiscriminatory basis; encourage the provision of new and advanced services to Town
residents; promote local communications infrastructure investments and economic
opportunities in the Town; and provide flexibility in the event of subsequent changes in the
law, the Grantee and the Franchising Authority have agreed to the provisions in this
Section, and they should be interpreted and applied with such purposes in mind.
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12.2. New Video Service Provider.
12.2.1. Notwithstanding any other provision of this Agreement or any other
provision of law, if any Video Service Provider (i) enters into any agreement with the
Franchising Authority to provide video services to subscribers in the Town, or
(ii) otherwise begins to provide video services to subscribers in the Town (with or without
entering into an agreement with the Franchising Authority), the Franchising Authority,
upon written request of the Grantee, shall permit the Grantee to construct and operate its
Cable System and to provide video services to subscribers in the Town under the same
agreement and/or under the same terms and conditions as apply to the new VSP. The
Grantee and the Franchising Authority shall enter into an agreement or other appropriate
authorization (if necessary) containing the same terms and conditions as are applicable to
the VSP within sixty (60) days after the Grantee submits a written request to the
Franchising Authority.
12.2.2. If there is no written agreement or other authorization between the
new VSP and the Franchising Authority, the Grantee and the Franchising Authority shall
use the sixty (60) day period to develop and enter into an agreement or other appropriate
authorization (if necessary) that to the maximum extent possible contains provisions that
will ensure competitive equity between the Grantee and other VSPs, taking into account
the terms and conditions under which other VSPs are allowed to provide video services to
subscribers in the Town.
12.3 Subsequent Change in Law. If there is a change in federal, state or local law
that provides for a new or alternative form of authorization for a VSP to provide video
services to subscribers in the Town, or that otherwise changes the nature or extent of the
obligations that the Franchising Authority may request from or impose on a VSP providing
video services to subscribers in the Town, the Franchising Authority agrees that,
notwithstanding any other provision of law, upon Grantee’s written request the Franchising
Authority shall: (i) permit the Grantee to provide video services to subscribers in the Town
on the same terms and conditions as are applicable to a VSP under the changed law;
(ii) modify this Agreement to comply with the changed law; or (iii) modify this Agreement
to ensure competitive equity between the Grantee and other VSPs, taking into account the
conditions under which other VSPs are permitted to provide video services to subscribers
in the Town. The Franchising Authority and the Grantee shall implement the provisions
of this Section within sixty (60) days after the Grantee submits a written request to the
Franchising Authority. Notwithstanding any provision of law that imposes a time or other
limitation on the Grantee’s ability to take advantage of the changed law’s provisions, the
Grantee may exercise its rights under this Section at any time, but not sooner than thirty
(30) days after the changed law goes into effect.
12.4 Effect on This Agreement. Any agreement, authorization, right or
determination to provide video services to subscribers in the Town under Sections 12.2 or
12.3 shall supersede this Agreement, and the Grantee, at its option, may terminate this
Agreement or portions thereof, upon written notice to the Franchising Authority, without
penalty or damages.
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12.5 In the event a new federal or state level statutory or regulatory licensing
scheme is enacted, Grantee shall have the right to notify the Licensing Authority of its
election to participate in the federal or state licensing scheme in lieu of the continued
performance of this License Agreement. This right may be exercised upon Grantee
showing that another company has applied for such a federal or state license to serve all or
a portion of the Town.
SECTION 13 - Miscellaneous Provisions
13.1.Force Majeure. The Grantee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default (including termination, cancellation or revocation of
the Franchise), where such noncompliance or alleged defaults occurred or were caused by
strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm,
hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility
service necessary to operate the Cable System, governmental, administrative or judicial
order or regulation or other event that is reasonably beyond the Grantee’s ability to
anticipate or control. This provision also covers work delays caused by waiting for utility
providers to service or monitor their own utility poles on which the Grantee’s cable or
equipment is attached, as well as unavailability of materials or qualified labor to perform
the work necessary.
13.2 Furthermore, the parties hereby agree that it is not the Grantee’s intention to
subject the Grantor to penalties, fines, forfeiture or revocation of the Agreement for
violations of the Agreement where the violation was a good faith error that resulted in no
or minimal negative impact on the Subscribers within the Service Area, or where strict
performance would result in practical difficulties and hardship to the Grantee which
outweigh the benefit to be derived by the Grantor and/or Subscribers.
13.3.Notice. All notices shall be in writing and shall be sufficiently given and
served upon the other party by hand delivery, first class mail, registered or certified, return
receipt requested, postage prepaid, or by reputable overnight courier service and addressed
as follows:
To the Franchising Authority:
Town of Oro Valley
Attn: Town Manager
11000 N. La Canada Drive
Oro Valley, AZ 85737
To the Grantee:
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Comcast Cable Corporation
Attn: Government Affairs Director
9602 S. 300 W.
Sandy, UT 84070
with a copy to:
Comcast Cable
Attn.: Government Affairs Department
1500 Market Street
Philadelphia, PA 19102
13.3.Entire Agreement. This Franchise Agreement, including all Exhibits,
embodies the entire understanding and agreement of the Franchising Authority and the
Grantee with respect to the subject matter hereof and supersedes all prior understandings,
agreements and communications, whether written or oral. All ordinances or parts of
ordinances that are in conflict with or otherwise impose obligations different from the
provisions of this Franchise Agreement are superseded by this Franchise Agreement.
13.4.Severability. If any section, subsection, sentence, clause, phrase, or other
portion of this Franchise Agreement is, for any reason, declared invalid, in whole or in part,
by any court, agency, commission, legislative body, or other authority of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent portion.
Such declaration shall not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
13.5.Governing Law. This Franchise Agreement shall be deemed to be executed
in the State of Arizona and shall be governed in all respects, including validity,
interpretation and effect, and construed in accordance with, the laws of the State of
Arizona, as applicable to contracts entered into and performed entirely within the State.
13.6.Modification. No provision of this Franchise Agreement shall be amended
or otherwise modified, in whole or in part, except by an instrument, in writing, duly
executed by the Franchising Authority and the Grantee, which amendment shall be
authorized on behalf of the Franchising Authority through the adoption of an appropriate
resolution or order by the Franchising Authority, as required by applicable law.
13.7.No Third-Party Beneficiaries. Nothing in this Franchise Agreement is
intended to confer third-party beneficiary status on any member of the public to enforce
the terms of this Franchise Agreement.
13.8.No Waiver of Rights. Nothing in this Franchise Agreement shall be
construed as a waiver of any rights, substantive or procedural, Grantee may have under
federal or state law unless such waiver is expressly stated herein.
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13.9 Effective Date. The effective date of this Franchise is the 7th day of
March, 2018 pursuant to the provisions of applicable law. This Franchise shall expire
on the 7th day of March, 2028 unless extended by the mutual agreement of the
Parties.
IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly
authorized representatives of the parties as set forth below, as of the date set forth below:
For Franchising Authority:
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Stanish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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For Comcast of Arizona, LLC:
By:_______________________
Name: Richard C. Jennings
Title: Regional Sr. Vice President – Cable Management
Date: ______________________
Town Council Regular Session Item # D.
Meeting Date:03/07/2018
Requested by: Shirley Kiel Submitted By:Shirley Kiel, Water
Department:Water
Information
SUBJECT:
Resolution No. (R)18-08, providing notice of intent to increase water rates for the Oro
Valley Water Utility
RECOMMENDATION:
The Water Utility Commission and Water Utility staff recommend approval of Resolution
No. (R)18-08, providing notice of intent to increase water rates for the Oro Valley Water
Utility.
EXECUTIVE SUMMARY:
Pursuant to A.R.S. § 9-511.01, a municipality must adopt a notice of intent to increase
water rates at least 60 days prior to the public hearing. The resolution sets in motion the
public process by:
Making the Water Rates Analysis Report available for public review by placing a
copy in the Town Clerk's Office and on the Water Utility's website.
1.
Directing the Town Clerk to publish the resolution in a newspaper of general
circulation at least 20 days prior to the public hearing.
2.
Scheduling a public hearing for May 16, 2018 when the Council will consider
adoption of the proposed rate increase.
3.
Once the notice of intent is approved, the increase in rates that can be adopted may not
exceed the rates shown in the Water Rates Analysis Report. The proposed increases
are for the potable water base rates only. Approximately 88 percent of the Water Utility's
customers utilize a 5/8-inch water meter and will realize an increase of $1.83 per month
regardless of the volume of water used. For the average residential customer using
8,000 gallons of water, this would represent a 4.4 percent increase in their monthly
water bill.
BACKGROUND OR DETAILED INFORMATION:
In accordance with the Town Council Water Policies, Water Utility staff review water
In accordance with the Town Council Water Policies, Water Utility staff review water
rates on an annual basis. The Water Utility Commission evaluates staff
recommendations based on a water rates analysis to assure the recommendations meet
Town policies and bond covenants. On February 20, 2018, the Commission voted to
recommended approval of the water rates identified in the Preferred Financial Scenario
and supported by the Water Rates Analysis Report dated Mach 2018.
The Water Rates Analysis Report includes projections for five years; however, water
rates are approved annually and only for the first year in the five-year projection period.
The Preferred Financial Scenario meets all revenue requirements, cash reserve
requirements, debt service coverage requirements and will provide for the overall
financial health of the Water Utility. The proposed increases are for the potable water
base rates only. Approximately 88 percent of the Water Utility's customers utilize a
5/8-inch water meter and will realize an increase of $1.83 per month regardless of the
volume of water used. This rate design will increase revenue stability for the Water Utility.
FISCAL IMPACT:
There is no fiscal impact associated with adopting a notice of intent to increase water
rates.
SUGGESTED MOTION:
I MOVE to (approve or deny) Resolution No. (R)18-08, providing notice of intent to
increase water rates for the Oro Valley Water Utility.
Attachments
(R)18-08 Notice of Intent to Increase Water Rates
Water Rates Analysis Report
RESOLUTION NO. (R)18-08
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, PROVIDING NOTICE OF INTENT TO
INCREASE WATER RATES FOR THE ORO VALLEY WATER UTILITY
WHEREAS,pursuant to A.R.S. § 9-511, et seq., the Town has the requisite statutory authority
to acquire, own and maintain a water utility for the benefit of the residents within and without the
Town’s corporate boundaries; and
WHEREAS, pursuant to A.R.S. § 9-511,et seq., the Town finds it necessary to consider
increasing water rates for the Oro Valley Water Utility; and
WHEREAS, pursuant to A.R.S. § 9-511, et seq.,the Town is required to give a Notice of Intent
at a regular Town Council meeting to increase water rates; and
WHEREAS, the Town has completed a Water Rates Analysis Report, attached hereto as Exhibit
“A”, which supports increasing water rates for the Oro Valley Water Utility; and
WHEREAS,not less than twenty (20) days prior to the public hearing on the proposed rate
increases, the Town shall cause to be published one time in a newspaper of general circulation
within the Town’s boundaries, a Notice of Intent showing the date, time and place of the hearing.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
1.This Resolution serves as the Notice of Intent, which is hereby publicly given, for
the Town of Oro Valley to increase water rates.
2.A public hearing shall be held at the regular meeting of the Mayor and Council at
6:00 p.m. on May 16, 2018, in the Council Chambers of the Town Hall, Town of
Oro Valley, 11000 North La Cañada Drive, Oro Valley, Arizona, to deliberate and
vote on the proposed increases.
3.Exhibit “A”, attached hereto, be made available to the public in the Office of the
Town Clerk and on the Town of Oro Valley Water Utility website for review
prior to the public hearing.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7
th day ofMarch, 2018.
2
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date:Date:
EXHIBIT “A”
Town Council Regular Session Item # E.
Meeting Date:03/07/2018
Requested by: Jose Rodriguez
Submitted By:Jose Rodriguez, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
Resolution No. (R)18-09, authorizing and approving an amendment to the
Intergovernmental Agreement between Pima County and the Town of Oro Valley for the
Joint Administration of Public Works Capital Improvement Projects
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
On February 3, 2016, the Town of Oro Valley approved Resolution No. (R)16-09,
authorizing and approving an Intergovernmental Agreement (IGA) between the Town of
Oro Valley and Pima County for Joint Administration of Public Works Capital
Improvement Projects. This IGA allows qualified County and Town staff to partner
together and assist one another to achieve completion of projects, as defined by Project
Agreements.
Pima County staff have been performing right-of-way services and securing new
right-of-way and easements within Oro Valley for the La Cholla Boulevard project. This
proposed amendment will provide guidance and clarity for conveyance of real property
within the Town limits.
BACKGROUND OR DETAILED INFORMATION:
On April 1, 2015, Town Council approved an Intergovernmental Agreement (IGA) with
the Regional Transportation Authority of Pima County (RTA) to receive funds for the final
segment of the La Cholla Boulevard widening improvement project.
During the design process, it became apparent that certain tasks can be performed by
Pima County personnel at a lower cost than consultants. On March 1, 2016, Pima
County and the Town of Oro Valley entered into an IGA (Approved IGA attached)
allowing the sharing of resources between agencies and the execution of Project
Agreements (Exhibit A) which outline the specifics and responsibilities of each agency.
Agreements (Exhibit A) which outline the specifics and responsibilities of each agency.
The proposed amendment to the IGA (attached) will provide guidance in the right-of-way
services.
FISCAL IMPACT:
The right-of-way services and acquisitions are funded by the RTA.
SUGGESTED MOTION:
I MOVE to (approve / deny) Resolution No. (R)18-09, authorizing and approving an
amendment to the Intergovernmental Agreement between Pima County and the Town of
Oro Valley for the Joint Administration of Public Works Capital Improvement Projects.
Attachments
(R)18-09
Exhibit A IGA Amendment
Approved IGA
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@5C24A7C7\@BCL@5C24A7C7.doc Town of Oro Valley Attorney’s Office/ca/020209
RESOLUTION NO. (R)18-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN
OF ORO VALLEY AND PIMA COUNTY FOR THE JOINT
ADMINISTRATION OF PUBLIC WORK CAPITAL
IMPROVEMENT PROJECTS TO CLARIFY THE AVAILABLE
PROCESSES FOR PROPERTY ACQUISITIONS FOR THE
ROADWAY IMPROVEMENTS ON LA CHOLLA BLVD,
OVERTON TO TANGERINE
WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley and Pima County are
authorized to enter into Intergovernmental Agreements for joint and cooperative action;
and
WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain,
control and manage public roads within its jurisdictional boundaries; and
WHEREAS,in February, 2016, the Intergovernmental Agreement for the joint
administration of public work capital improvement projects between the Town and Pima
County, was approved through Resolution No. (R) 16-09; and
WHEREAS, the Town of Oro Valley and Pima County desire to amend the IGA to
clarify the available processes for property acquisitions for the roadway improvements on
La Cholla Blvd, Overton to Tangerine; and
WHEREAS, it is in the best interest of the Town of Oro Valley to authorize and approve
the amendment to the IGA between the Town of Oro Valley and Pima County to clarify
the allowable contractor selection process for the roadway improvements on La Cholla
Blvd, Overton to Tangerine.
THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town
of Oro Valley, Arizona that:
1.The amendment to the Intergovernmental Agreement, attached hereto as Exhibit
“A” and incorporated herein by this reference, between the Town of Oro Valley and Pima
County to clarify the allowable contractor selection process for the roadway
improvements on La Cholla Blvd, Overton to Tangerine is hereby approved.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@5C24A7C7\@BCL@5C24A7C7.doc Town of Oro Valley Attorney’s Office/ca/020209
2.The Mayor and any other administrative officials are hereby authorized to take
such steps necessary to execute and implement the terms of the Intergovernmental
Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7
th day ofMarch, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date Date
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@5C24A7C7\@BCL@5C24A7C7.doc Town of Oro Valley Attorney’s Office/ca/020209
EXHIBIT “A”
100950 / 00526120 / v3 Page 1 of 2
Pima County Department of Transportation
Project: Joint Administration of Public Works Capital
Improvement Projects—La Cholla, Overton to Tangerine
Parties: Pima County & Town of Oro Valley
Contract Number: CT-TR-16-232
Contract Amendment No.: 1
Original Contract Term:3/01/16-2/28/21 Original Amount:$ 5,000,000.00
Termination Date Prior Amendment:N/A Prior Amendments Amount:$0.00
Termination Date This Amendment:2/28/21 This Amendment Amount: $ 0.00
Revised Total Amount: $ 5,000,000.00
IGA AMENDMENT NUMBER 1
1.Background and Purpose .
1.1.Pima County (“County”) previously entered into an Intergovernmental Agreement (the “IGA”) with the Town
of Oro Valley (“Town”), IGA number CT-TR-16-232, in order to make County’s and Town’s qualified
personnel available to each other, as provided in specific Project Agreements, for Capital Project Services,
including right-of-way services. Capitalized terms used in this Amendment have the meanings assigned in
the IGA.
1.2.Under Section 5 of the IGA, the Sponsoring Agency is responsible for entering into third-party project-
related contracts in its own name, and making all payments under those contracts, even if the Provider
Agency is providing contract-administration and project-management services.
1.3.County and Town wish to clarify the available processes for property acquisitions.
2.Right-of-Way Services. A Project Agreement that calls for the Provider Agency to provide right-of-way
acquisition services may specify that the Provider Agency will first acquire the real property in its own name and
later convey it to the Sponsoring Agency after the Sponsoring Agency has reimbursed the Provider Agency for
all its acquisition-related costs. If the Project Agreement allows this method to be used, it must specify what
types of transactions may be handled in this fashion, and at what time the reimbursement(s) and
reconveyance(s) are to occur. If a Project Agreement does not specifically allow this method to be used, the
Provider Agency will provide standard right-of-way acquisition services, such as price negotiations and contract
preparation, but will submit the resulting contract to the Sponsoring Agency for approval and payment.
3.Delegation of Authority. County and Town each hereby delegates to its Director, or the Agency’s signatory
authority, the authority to execute on its behalf, in its role as the Provider Agency under a Project Agreement, all
agreements for the acquisition of rights-of-way for the Sponsoring Agency, regardless of the acquisition price,
and to execute deeds for the subsequent conveyance of those rights-of-way to the Sponsoring Agency. Each
acquisition by Town acting as the Provider Agency must be approved by the appropriate authority at the County
before the Town executes a binding agreement with the property owner for the acquisition. Acquisitions by the
County acting as the Provider Agency need not be submitted to the Town for approval unless the acquisition
price exceeds the appraised value by twenty-five (“25”) percent and twenty-five thousand dollars (“$25,000”).
4.All other portions of the IGA remain in full force and effect.
100950 / 00526120 / v3 Page 2 of 2
PIMA COUNTY:TOWN OF ORO VALLEY
________________________________________________________________________
Richard Elias, Chairman, Board of Supervisors Dr. Satish I. Hiremath, Mayor
_____________________________________________
Date Date
ATTEST:ATTEST:
Julie Castaneda, Clerk of the Board Michael Standish, Town Clerk
_________________________________________
Date Date
The foregoing Amendment to the Agreement has been approved as to content and is hereby recommended
to the Board by the undersigned.
_________________________________________________________________________
Director,Director.
Pima County Department of Transportation Oro Valley Department of Transportation
ATTORNEY CERTIFICATION
The foregoing Amendment to the Intergovernmental Agreement between Pima County and the Town of Oro Valley
has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to those parties to the
Agreement.
PIMA COUNTY:TOWN OF ORO VALLEY
________________________________________________________________________
Deputy County Attorney Tobin Sidles, Director of Legal Services
_________________________________________
Date Date
Town Council Regular Session Item # F.
Meeting Date:03/07/2018
Requested by: Jose Rodriguez
Submitted By:Jose Rodriguez, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
Resolution No. (R)18-10, authorizing and approving Amendment No. 2 to the
Intergovernmental Transportation Funding Agreement between the Regional
Transportation Authority of Pima County and the Town of Oro Valley for improvements to
La Cholla Boulevard: Overton Road to Tangerine Road
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The Town of Oro Valley and the Regional Transportation Authority of Pima County (RTA)
have entered into an Intergovernmental
Agreement (IGA) to provide funding in the amount of $2 million for the design of La
Cholla Boulevard from Overton Road to Tangerine Road. On January 4, 2017,
an amendment to the original IGA was authorized by the Town of Oro Valley to add an
additional $1.8 million to finalize the design and pay for the right-of-way acquisitions.
This proposed amendment No. 2 will provide the funds needed to take the project into
the construction phase. The roadway plans have been finalized and the right-of-way
acquisitions underway followed by the utility relocation. Once the right-of-way and utility
relocations have been completed, construction will begin and continue for approximately
two years.
BACKGROUND OR DETAILED INFORMATION:
On April 1, 2015, the Town of Oro Valley approved Resolution No. (R)15-26, authorizing
the Intergovernmental Transportation Funding Agreement between the Regional
Transportation Authority of Pima County and the Town of Oro Valley for the roadway
design improvements to La Cholla Boulevard: Overton Road to Tangerine Road (Exhibit
A).
On January 4, 2017, the Town of Oro Valley approved Resolution No. (R)17-01,
authorizing and approving an amendment to the Intergovernmental Transportation
Funding Agreement between the Regional Transportation Authority of Pima County and
the Town of Oro Valley to finalize the roadway design improvements and for the
purchase of additional right-of-way identified in the design phase of the final segment
from Overton Road to Tangerine Road.
FISCAL IMPACT:
The RTA will provide construction funds in the amount of $15,710,000, Pima County at
$3,180,000 and Oro Valley at $800,000.
The breakdown of total project funding responsibilities are as follows:
The RTA - $19,510,000 (includes $3,800,000 for design and right of way)
Pima County - $3,180,000
Oro Valley - $800,000
SUGGESTED MOTION:
I MOVE to (approve / deny) Resolution No. (R)18-10, authorizing and approving
amendment No.2 to the Intergovernmental Transportation Funding Agreement between
the Regional Transportation Authority of Pima County and the Town of Oro Valley for the
La Cholla Boulevard project.
Attachments
(R)18-10 Resolution Amendment
IGA Amendment 2
IGA Exhibit A File
Original IGA
RESOLUTION NO. (R)18-10
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING
AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION
AUTHORITY OF PIMA COUNTY AND THE TOWN OF ORO
VALLEY FOR ROAD IMPROVEMENTS TO LA CHOLLA BLVD
FROM OVERTON ROAD TO TANGERINE ROAD
WHEREAS, the Town of Oro Valley and the Regional Transportation Authority (RTA)
may contract for services and enter into agreements with one another for joint or
cooperative action pursuant to A.R.S. § 11-951, et seq.; and
WHEREAS, pursuant to A.R.S. § 9-240(B)(3) to design, maintain, control and manage
public roads within the boundaries of the Town; and
WHEREAS, pursuant to A.R.S.§ 48-5301, et seq., the RTA is authorized to act as a
regional taxing authority for the purpose of funding multi-modal transportation
operations and improvements identified in the Regional Transportation Plan (“the Plan”)
approved by the voters at the special election held in Pima County, Arizona, on May 16,
2006; and
WHEREAS, a Regional Transportation Fund was established by the Arizona Legislature
pursuant to A.R.S. § 48-5307 to be the repository for those funds collected for the
purpose of funding the transportation projects identified by the Plan; and
WHEREAS, the Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to
administer and distribute the regional transportation funds to the member of the Authority
and to sell bonds in furtherance of that purpose to fund those projects or programs
identified in the Plan; and
WHEREAS, the Town approved the Intergovernmental Transportation Funding
Agreement between the Regional Transportation Authority of Pima County and the Town
of Oro Valley through Resolution No. (R)15-26 on April 1, 2015; and
WHEREAS, the parties wish to amend the Agreement to increase the total amount of the
Agreement to $19,510,000 which would provide an additional $15,710,000 to complete
the road improvements to La Cholla Blvd from Overton Road to Tangerine Road; and
WHEREAS, it is in the best interest of the Town of Oro Valley to approve Amendment
No. 2 to the Intergovernmental Agreement, attached hereto as Exhibit “A”, with the
Regional Transportation Authority of Pima County to increase the total amount of the
Agreement to $19,510,000 which would provide an additional $15,710,000 to complete
the road improvements to La Cholla Blvd from Overton Road to Tangerine Road.
NOW, THEREFORE, BE IT RESOLVED,by the Mayor and Council of the Town of
Oro Valley, Arizona that Amendment No. 2 to the Intergovernmental Agreement,
attached hereto as Exhibit “A”, by the Regional Transportation Authority and the Town
of Oro Valley is hereby approved.
NOW, BE IT FURTHER RESOLVED that the Mayor and any other administrative
officials of the Town of Oro Valley are hereby authorized to take such steps as are
necessary to execute and implement the terms of the Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7
th day ofMarch, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date Date
EXHIBIT “A”
TOWN OF ORO VALLEY
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
RECORDED IN
PROJECT: La Cholla Blvd: Overton Rd to Tangerine Rd
TIP No. 87.03 RTA Ballot No. 04
PARTIES: Town of Oro Valley
AMENDMENT NO. 2
ORIGINAL TERM:
11-19 07
ORIGINAL AMOUNT:$2,000,000
CURRENT TERMINATION DATE:PRIOR AMENDED AMOUNT $3,800,000
AMENDED TERMINATION DATE: AMOUNT THIS AMENDMENT $15,710,000
NEW AMENDED TOTAL $19,510,000
AMENDMENT NUMBER
WHEREAS, the Regional Transportation Authority of Pima County (RTA) has entered into an
Intergovernmental Agreement (IGA Number)on April 1, 2015 with the Town of Oro Valley to
provide funding for the La Cholla Blvd – Tangerine to Overton project; and,
WHEREAS, the parties increased the total amount of the Agreement by $1,800,000 to finalize
the right-of-way phase and design for the roadway improvements through approval of
Amendment Number 1; and,
WHEREAS, the parties are prepared to enter the final phase of the project and begin
construction of La Cholla Blvd: Overton Road to Tangerine Road and wish to increase the total
amount of the Agreement by $15,710,000 to complete the project; and,
NOW, THEREFORE, the Agreement is amended as follows:
1.CHANGE:Exhibit A attached hereto and incorporated herein by reference increase RTA
funding to finalized project and complete the construction phase of the La Cholla Blvd –
Tangerine to Overton RTA Project ID 04_b
From:"$3,800,000”
To:"$19,510,000"
CHANGE:Section 4 of the AGREEMENT, Responsibilities of the Lead Agency. is amended,
adding the following:
k. The Lead Agency shall adhere to the RTA Administrative Code, including the
requirements for a Project Charter (where applicable), a Project Closeout Meeting
(Roadway Element Projects) and reimbursement limits.
l.Prior to any construction bid solicitation, the Lead Agency shall provide a complete
set of Project documents to the RTA, including all plans and specifications, the
engineer’s cost estimate, and a listing of all funding sources. The Project may not be
advertised prior to written confirmation from the RTA that the Project is compliant
with RTA requirements, and that funding is available for the Project.
m. All right of way remnants from properties acquired with Project funds shall be
disposed of in accordance with RTA Policy. All proceeds from the disposal shall be
returned to the RTA for expenditure on RTA eligible expenses. In the event the
disposal of the property occurs after the Project is completed, the funds shall be
returned to the RTA for reallocation to other projects. This subsection shall survive
termination of this Agreement
The effective date of this Amendment shall be December 5, 2016. All other provisions not
specifically changed by this Amendment shall remain in full force and effect.
In Witness Whereof, the Regional Transportation Authority of Pima County has caused this
Amendment to be executed by its Chair of the Board and attested by the Executive Director, and
the Town of Oro Valley has caused this Amendment to the Agreement to be executed by the
Mayor of the Town of Oro Valley and attested by its Town Clerk.
REGIONAL TRANSPORTATION AUTHORITY
Chair of the Board Date
ATTEST:
Executive Director Date
TOWN OF ORO VALLEY
Dr. Satish Hiremath, Mayor Date
ATTEST:
Michael Standish, Town Clerk Date
ATTORNEY CERTIFICATION
The foregoing Amendment to the Agreement by and between the Regional Transportation
Authority of Pima County and the Town of Oro Valley has been reviewed pursuant to A.R.S. 11-
952 by the undersigned who have determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona to those parties to the Agreement
represented by the undersigned.
Regional Transportation Authority of Pima County
Thomas Benavidez, Attorney for the Authority Date
Town of Oro Valley
Tobin Sidles, Legal Services Director Date
Regional Transportation Authority of Pima County
Exhibit:A Item:1 RTA Resolution:2018
1 .TIP Project Number:####RTA Ballot:04 RTA Project ID:04_b
2 .Sponsor:
3 .I
4 .RTA Plan Sub-Element (If Applicable):
5 .Project Name:
6 .Work Phase Covered by the Exhibit:Planning/Design:
Wildlife Design:
Right of Way:
Construction:15,710,000$
Operations:
7 .Project Manager Information (person responsible for Status Reports):
Name:
Mailing Address
City, ST Zipcode 85704
Telephone Number:
Fax Number:
Email Address:
8 .Authorized Representative(s) (will sign & submit pay requests):
Name:
Mailing Address
City, ST Zipcode 85704
Telephone Number:
Fax Number:
Email Address:
Name:
Mailing Address
City, ST Zipcode 85704
Telephone Number:
Fax Number:
Email Address:
9 .
10 .
11 .
12 .Project Budget by Funding Source,RTA Non-RTA Total
Total Project Funding Expected by Phase.
Planning/Design = 6,600,000$ -$ 6,600,000$
Right of Way = 3,000,000$ -$ 3,000,000$
Construction = 32,633,000$ 6,100,000$ 38,733,000$
Operations = -$ -$ -$
Total = 42,233,000$ 6,100,000$ 48,333,000$
13 .Project Budget by Funding Source,RTA Non-RTA Total
This Exhibit:
Planning/Design = -$ -$ -$
Right of Way = -$ -$ -$
Construction = 11,850,000$ 3,860,000$ 15,710,000$
Operations = -$ -$ -$
Total = 11,850,000$ 3,860,000$ 15,710,000$
14 .Funding Sources (current year dollars):
Total Funding
Required
Total Funding,
This Exhibit
RTA 11,850,000$ 11,850,000$
STP -$ -$
12.6% Funds 3,860,000$ 3,860,000$
2.6% Funds -$ -$
Impact Fees - Pima County 3,180,000$
Bond Funds -$ -$
General Fund -$ -$
Fare Box Revenue -$ -$
FTA Funds -$ -$
Other (Oro Valley Impact Fees)800,000$
Total Funding Sources:19,690,000$ 15,710,000$
15 .Estimated completion date of work funded by this IGA, and duration:08/30/2020
Total maximum amount of Authority
funding allowed for the Project or Project
component to-date, including this exhibit.
(If this is an amendment to an existing
contract, please give the requested
amended total.
15,710,000$
This project is for contstruction of the La Cholla Blvd.corridor from
Overton to Tangerine.It is anticipated that this will be a 24 month
long project.
(520) 229-4873
(520) 742-1022
chuelle@orovalleyaz.gov
11000 N. La Cañada Drive
Jose Rodriguez, Engineering Division Manager
AZ
Narrative Description of Project Scope,
including improvements to be made and
project intent (discuss how project will
address problematic areas):
Total maximum amount of Authority
funding allowed for the Project or Project
Component, under this Exhibit:15,710,000$
(520) 742-1022
jrodriguez@orovalleyaz.gov
Aimee Ramsey, Assistant Director
11000 N. La Cañada Drive
Roadway RTA Plan Element:
Oro Valley
La Cholla Blvd. - Tangerine to Overton
Oro Valley AZ
Oro Valley AZ
Oro Valley
(520) 229-4874
(520) 742-1022
aramsey@orovalleyaz.gov
Cheryl Hulle, Sr. Civil Engineer
11000 N. La Cañada Drive
(520) 229-4872
1 of 1
Town Council Regular Session Item # 1.
Meeting Date:03/07/2018
Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance
Department:Finance
Information
SUBJECT:
FISCAL YEAR 2017/18 MID-YEAR FINANCIAL UPDATE
RECOMMENDATION:
This item is for information only.
EXECUTIVE SUMMARY:
In the General Fund (see Attachment A), revenues collected through December totaled
$18.6 million or 51.1% of the budget amount of $36.3 million. Year-to-date expenditures
through December totaled $16.7 million or 45.4% of the budget amount of $36.7 million.
In the Highway Fund (see Attachment B), revenues collected through December totaled
$1.7 million or 45.0% of the budget amount of $3.8 million. Year-to-date expenditures
through December totaled $1.8 million or 36.0% of the budget amount of $4.9 million.
In the Bed Tax Fund (see Attachment C), revenues collected through December totaled
$620,243 or 54.6% of the budget amount of $1.1 million. Year-to-date expenditures
through December totaled $592,354 or 47.2% of the budget amount of $1.3 million.
In the Community Center Fund (see Attachments D-1, D-2 and D-3), revenues collected
through December totaled $3.0 million or 46.6% of the budget amount of $6.5 million.
Year-to-date expenditures through December totaled $3.3 million or 50.9% of the budget
amount of $6.5 million.
In the Water Utility Fund (see Attachment E), revenues collected through December
totaled $9.2 million or 60.0% of the budget amount of $15.4 million. Year-to-date
expenses through December totaled $9.1 million or 48.2% of the budget amount of $19.0
million.
In the Stormwater Utility Fund (see Attachment F), revenues collected through
December totaled $691,782 or 49.3% of the budget amount of $1.4 million. Year-to-date
expenses through December totaled $470,883 or 36.1% of the budget amount of $1.3
million.
BACKGROUND OR DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through December, as
well as year-end estimates for each category. The estimated year-end projections in the
General Fund are as follows:
Revenues $37,421,951
Less:
Expenditures ($36,157,309)
Less:
Council-Approved Use of Contingency:
-Regional Municipalities
Veteran's Treatment Court ($75,000) Approved July 5, 2017
Estimated Increase in Fund Balance $ 1,189,642
General Fund Revenues
Local sales tax collections in the General Fund total $9.3 million or 54.3% of the
budget amount of $17.2 million. These revenues are estimated to come in over
budget by about $1.1 million or 6.4% based on observed trends primarily in
construction and utility sales tax. Please see Attachment H for a monthly,
year-over-year tracking of General Fund local sales tax collections, including
construction and utility sales tax.
License and permit revenues total $1.3 million or 64.3% of the budget amount of
$2.1 million. These revenues are estimated to come in over budget by about
$378,000 or 18.3% based on current trends and updated forecasts for residential
and commercial permitting activity through the remainder of the fiscal year.
State shared revenues total $5.8 million or 49.7% of the budget amount of $11.6
million. These revenues are estimated to come in slightly under budget, by about
$96,000 or 0.8%, due to state-shared income and vehicle license taxes.
Charges for Services revenues total $1.0 million or 46.9% of the budget amount of
$2.2 million. These revenues are estimated to come in slightly under budget, by
about $33,000 or 1.5%, based on trending actual collections through year-end.
Interest income revenues reflect a loss of about $39,000 through December. Rising
interest rates have caused increased volatility in the Town's investment portfolio.
While this may cause temporary fluctuation as market values decline due to rising
yields (market values move inversely to the direction of interest rates), this volatility
tends to average out over longer periods of time as funds are invested at higher
yields. For FY 17/18, these revenues are estimated to come in under budget by
about $77,000 or 75.2%.
about $77,000 or 75.2%.
State grant revenues are estimated to come in under budget by about $98,000 or
41.8%. This is due to grant capacity that will not be utilized, and is offset with
corresponding reductions in budgeted grant expenditures.
Federal grant revenues are estimated to come in under budget by about $36,000 or
7.6%, based on actual and projected proceeds through year-end.
Other intergovernmental revenues are estimated to come in under budget by about
$113,000 or 6.3%. Of this amount, $50,000 was capacity for a potential school
resource officer at Leman Academy that will not be utilized. The remainder is due
primarily to projected transit reimbursements from the Regional Transportation
Authority (RTA).
Miscellaneous revenues are estimated to come in over budget by about $60,000 or
25.8% due to in-lieu income.
Please note that all year-end estimates are subject to change.
General Fund Expenditures
Expenditures are projected to come in under budget by about $568,000 or 1.5%.
This is due to estimated personnel savings, capital savings for grant capacity that
will not be utilized, and a budgeted transfer of $275,000 to the Highway Fund,
which will not be necessary this fiscal year. Please note all figures are subject to
change.
HIGHWAY FUND
Highway Fund Revenues
State shared highway user funds total $1.6 million or 48.6% of the budget amount of
$3.4 million. These revenues are estimated to come in on budget at this time.
As noted in the General Fund expenditure discussion above, the $275,000
budgeted transfer to the Highway Fund will not be necessary this fiscal year.
State grant revenues are estimated to come in slightly over budget by about
$14,000 or 14.0%, due to estimated reimbursements for contract administration of
Pima Association of Governments and RTA-funded roadway widening projects.
Interest income revenues are estimated to come in under budget by about $6,000 or
16.3%. Please reference the discussion on interest income revenues in the General
Fund notes above.
License and permit revenues total $18,227 or 32.0% of the budget amount of
$57,000. These revenues are estimated to come in under budget by about $13,000
or 22.5%, based on trending actual collections through year-end.
Please note that all year-end estimates are subject to change.
Highway Fund Expenditures
Expenditures are projected to come in under budget by about $595,000 or 12.0%.
These savings are due primarily to the new Pima County property tax for roads,
which will cover the Town's residential spring surface treatments. Please note this
figure is subject to change.
BED TAX FUND
Bed Tax Fund Revenues
Bed tax revenues total $620,535 or 55.1% of the budget amount of $1.1 million.
These revenues are estimated to come in over budget by about $153,000 or 13.6%,
based on current trends.
Interest income revenues reflect a loss of about $300 through December, and are
estimated to come in under budget by about $5,200 or 65.0%. Please reference the
discussion on interest income revenues in the General Fund notes above.
Please note all year-end estimates are subject to change.
Bed Tax Fund Expenditures
Expenditures are estimated to come in over budget by about $6,300 or 0.5%. This is
due to tennis court improvements at the Community Center, which are partially
offset with expected operations & maintenance savings in the fund. Please note this
overage is more than offset by projected bed tax revenues, as noted above.
COMMUNITY CENTER FUND
Attachment D-1 shows the consolidated financial status of the Community Center Fund
with all revenues and expenditures from Troon and Town-managed operations.
Attachment D-2 shows the monthly line item detail for the Troon-managed operations,
specifically revenues and expenditures associated with the golf, tennis, and food and
beverage operations. The totals in the revenue and expenditure categories
in Attachment D-2 tie to the Contracted Operating Revenues and Expenditures in
Attachment D-1.
Attachment D-3 shows the revenues and expenditures for the Troon-managed food and
beverage operations only.
Community Center Fund Revenues
Local sales tax revenues from the dedicated half-cent sales tax total $1.1 million or
46.0% of the budget amount of $2.3 million. These revenues are estimated to come
in on budget at this time.
Contracted operating revenues from Troon total $1.5 million, or 44.5% of the budget
amount of $3.4 million. These revenues are estimated to come in over budget by
about $70,000 or 2.1%, based on Troon's forecast through the remainder of the
fiscal year.
Town operating revenues total $437,912 or 56.3% of the budget amount of
$777,580. These revenues are estimated to come in over budget by about $122,000
or 15.7%, due to member dues, facility rental income and swim team revenues.
Community Center Fund Expenditures
Contracted operating expenditures from Troon total $2.8 million or 53.1% of the
budget amount of $5.2 million. These expenditures are estimated to come in over
budget by about $106,000 or 2.0%, due to increased water costs as a result of
warm, dry weather.
Town operating expenditures total $515,317 or 50.0% of the budget amount of $1.0
million. These expenditures are projected to come in over budget by about $36,000
or 3.5%, due to estimated personnel costs to meet the programming needs of the
facility. Staff will continue close monitoring of these expenditures, adjusting future
budget capacity accordingly. Please note this overage is more than offset by our
projected overage in operating revenues, as noted above.
Capital outlay totals $29,464, due to cart path improvements. Capital expenditures
are projected to come in on budget at this time.
Year-end expenditure estimates include the annual loan repayment of $120,000 to
the General Fund.
WATER UTILITY FUND
Water Utility Fund Revenues
Charges for services revenues total $1.8 million or 56.7% of the budget amount of
$3.2 million. These revenues are estimated to come in over budget by about
$40,000 or 1.3%, based on current trends.
Interest income revenues reflect a loss of about $29,000 through December, and
are estimated to come in under budget by about $86,000 or 92.5%. Please
reference the discussion on interest income revenues in the General Fund notes
above.
Water sales revenues total $7.4 million or 61.5% of the budget amount of $12.1
million. These revenues are estimated to come in over budget by about $1.2 million
or 9.8%, based on current trends.
Please note all year-end estimates are subject to change.
Water Utility Fund Expenses
Expenses are estimated to come in under budget by about $66,000 or 0.3% due to
personnel savings. Please note this estimate is subject to change.
STORMWATER UTILITY FUND
Stormwater Utility Fund Revenues
Revenues are estimated to come in slightly over budget, by about $3,000 or 0.2%,
due to interest income earned on funds invested with the state's Local Government
Investment Pool.
Stormwater Utility Fund Expenses
Expenses are estimated to come in under budget by $50,000 or 3.8%, due to
anticipated savings in capital infrastructure projects. Please note this estimate is
subject to change.
Please see Attachments A, B, and C for additional details on the General Fund, Highway
Fund and Bed Tax Fund. See Attachments D-1, D-2 and D-3 for additional details on the
Community Center Fund. See Attachment E for additional details on the Water Utility
Fund and Attachment F for additional details on the Stormwater Utility Fund.
See Attachment G for a fiscal year-to-date consolidated summary of all Town Funds.
See Attachment H for a breakdown of monthly, year-over-year local sales tax collections
for the General Fund.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for information only.
Attachments
Attachment A - General Fund
Attachment B - Highway Fund
Attachment C - Bed Tax Fund
Attachment D-1 Community Center Fund
Attachment D-2 Troon Cash Flow
Attachment D-3 Troon F&B
Attachment E - Water Utility Fund
Attachment F - Stormwater Utility Fund
Attachment G - Summary All Funds
Attachment H - Gen Fund Local Sales Tax
ATTACHMENT A
December YTD Financial Status
General Fund
% Budget Completion through December --- 50%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
LOCAL SALES TAX 9,317,588 17,164,573 54.3% 18,266,587 6.4%
LICENSES & PERMITS 1,325,600 2,063,121 64.3% 2,441,107 18.3%
FEDERAL GRANTS 215,417 471,342 45.7% 435,452 -7.6%
STATE GRANTS 43,501 234,760 18.5% 136,700 -41.8%
STATE/COUNTY SHARED 5,779,130 11,636,928 49.7% 11,540,562 -0.8%
OTHER INTERGOVERNMENTAL 731,497 1,793,360 40.8% 1,680,398 -6.3%
CHARGES FOR SERVICES 1,037,618 2,210,453 46.9% 2,177,451 -1.5%
FINES 60,111 120,000 50.1% 120,000 0.0%
INTEREST INCOME (38,837) 103,000 -37.7% 25,591 -75.2%
MISCELLANEOUS 96,000 233,000 41.2% 293,103 25.8%
TRANSFERS IN - 305,000 0.0%305,000 0.0%
TOTAL REVENUES 18,567,625 36,335,537 51.1% 37,421,951 3.0%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
COUNCIL 106,147 214,759 49.4% 214,759 0.0%
CLERK 292,973 485,098 60.4% 485,098 0.0%
MANAGER 387,295 844,708 45.8% 828,524 -1.9%
HUMAN RESOURCES 157,357 375,790 41.9% 375,790 0.0%
FINANCE 364,757 810,006 45.0% 791,119 -2.3%
INFORMATION TECHNOLOGY 997,517 2,189,939 45.6% 2,176,693 -0.6%
GENERAL ADMINISTRATION 789,207 1,682,216 46.9% 1,682,216 0.0%
LEGAL 339,577 779,670 43.6% 749,302 -3.9%
COURT 405,693 874,282 46.4% 874,282 0.0%
COMM. DEV. & PUBLIC WORKS 2,187,701 4,893,469 44.7% 4,918,282 0.5%
PARKS & RECREATION 1,526,274 3,667,092 41.6% 3,554,542 -3.1%
POLICE 7,642,238 17,108,674 44.7% 16,982,034 -0.7%
TRANSFERS OUT 1,465,815 2,799,668 52.4%2,524,668 -9.8%
TOTAL EXPENDITURES 16,662,552 36,725,371 45.4% 36,157,309 -1.5%
SURPLUS / (DEFICIT) 1,905,073 (389,834) 1,264,642
BEGINNING FUND BALANCE 13,403,214
Plus: Surplus / (Deficit)1,264,642
Less:
Approved Use of Contingency Reserves During FY 17/18:
Regional Municipalities Veteran's Treatment Court (75,000)
ENDING FUND BALANCE **14,592,856
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 12/2017
Actuals
thru 12/2017
Budget
F:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Dec FY 18 Monthly Report 2/22/2018
ATTACHMENT B
December YTD Financial Status FY 2017/2018
% Budget Completion through December --- 50%
Actuals
thru 12/2017 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to BudgetREVENUES:
LICENSES & PERMITS 18,227 57,000 32.0% 44,148 -22.5%
STATE GRANTS 62,578 100,000 62.6% 114,012 14.0%
STATE/COUNTY SHARED 1,633,825 3,363,581 48.6% 3,363,581 0.0%
INTEREST INCOME 8,110 36,994 21.9% 30,964 -16.3%
MISCELLANEOUS 2,164 2,000 108.2% 3,103 55.2%
TRANSFERS IN - 275,000 0.0%- -100.0%
TOTAL REVENUES 1,724,904 3,834,575 45.0% 3,555,808 -7.3%
Actuals
thru 12/2017 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
ADMINISTRATION 353,079 741,063 47.6% 741,063 0.0%
TRANSPORTATION ENGINEERING 376,361 661,582 56.9% 839,699 26.9%
PAVEMENT MANAGEMENT 392,605 1,638,078 24.0% 1,036,707 -36.7%
STREET MAINTENANCE 512,578 1,064,607 48.1% 1,039,437 -2.4%
TRAFFIC ENGINEERING 147,426 844,547 17.5%698,038 -17.3%
TOTAL EXPENDITURES 1,782,048 4,949,877 36.0% 4,354,944 -12.0%
SURPLUS / (DEFICIT) (57,145) (1,115,302) (799,136)
BEGINNING FUND BALANCE 1,350,903
Plus: Surplus / (Deficit)(799,136)
ENDING FUND BALANCE **551,767
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
Highway Fund
F:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Dec FY 18 Monthly Report 2/22/2018
ATTACHMENT C
December YTD Financial Status
% Budget Completion through December --- 50%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
BED TAXES 620,535 1,126,955 55.1% 1,279,940 13.6%
INTEREST INCOME (292) 8,011 -3.6%2,802 -65.0%
TOTAL REVENUES 620,243 1,134,966 54.6% 1,282,742 13.0%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
ECONOMIC DEVELOPMENT 367,335 844,158 43.5% 850,481 0.7%
TRANSFERS OUT 225,019 410,019 54.9%410,019 0.0%
TOTAL EXPENDITURES 592,354 1,254,177 47.2% 1,260,500 0.5%
SURPLUS / (DEFICIT) 27,888 (119,211) 22,242
BEGINNING FUND BALANCE 462,611
Plus: Surplus / (Deficit)22,242
Less:
Approved Use of Contingency Reserves During FY 17/18:
Tohono Chul Park Financial Participation Agreement (250,000)
ENDING FUND BALANCE **234,853
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Bed Tax Fund
Budget Actuals
thru 12/2017
Actuals
thru 12/2017
F:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Dec FY 18 Monthly Report 2/22/2018
ATTACHMENT D-1
December YTD Financial Status
% Budget Completion through December --- 50%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CONTRACTED OPERATING REVENUES
Golf Revenues 461,396 1,038,825 44.4% 1,228,435 18.3%
Member Dues (Golf) 393,609 959,009 41.0% 827,234 -13.7%
Tennis Revenues 186,190 345,900 53.8% 350,890 1.4%
Food & Beverage 355,206 793,887 44.7% 811,091 2.2%
Merchandise & Other 110,041 244,730 45.0%234,653 -4.1%
1,506,442 3,382,351 44.5% 3,452,303 2.1%
TOWN OPERATING REVENUES
Daily Drop-Ins 13,741 23,000 59.7% 27,794 20.8%
Member Dues 357,164 614,000 58.2% 708,466 15.4%
Recreation Programs 39,765 134,000 29.7% 134,000 0.0%
Swim Team/Swim Lessons 10,103 1,500 673.5% 10,103 573.5%
Facility Rental Income 17,011 4,580 371.4% 18,420 302.2%
Concession Sales 129 500 25.8%500 0.0%
437,912 777,580 56.3% 899,283 15.7%
OTHER REVENUES
Local Sales Tax 1,061,203 2,308,112 46.0% 2,308,112 0.0%
Real Property Rental Income 19,502 27,861 70.0%19,502 -30.0%
1,080,706 2,335,973 46.3% 2,327,614 -0.4%
TOTAL REVENUES 3,025,060 6,495,904 46.6% 6,679,200 2.8%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CONTRACTED OPERATING EXPENDITURES
Personnel 1,021,281 2,121,525 48.1% 2,108,532 -0.6%
Operations & Maintenance 1,556,946 2,712,454 57.4% 2,837,316 4.6%
Equipment Leases 186,000 371,313 50.1%365,521 -1.6%
2,764,227 5,205,292 53.1% 5,311,369 2.0%
TOWN OPERATING EXPENDITURES
Personnel 381,260 745,858 51.1% 781,683 4.8%
Operations & Maintenance 134,057 284,548 47.1%284,548 0.0%
515,317 1,030,406 50.0% 1,066,231 3.5%
CAPITAL OUTLAY 29,464 94,250 31.3% 94,250 0.0%
TRANSFERS OUT - 165,956 0.0% 165,956 0.0%
TOTAL EXPENDITURES 3,309,007 6,495,904 50.9% 6,637,806 2.2%
SURPLUS / (DEFICIT) (283,948) - 41,395
BEGINNING FUND BALANCE (97,157)
Plus: Surplus / (Deficit)41,395
ENDING FUND BALANCE **(55,762)
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Actuals
thru 12/2017 Budget Year End
Estimate *
Community Center Fund
Actuals
thru 12/2017 Budget Year End
Estimate *
F:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Dec FY 18 Monthly Report 2/22/2018
ATTACHMENT D-2TROONEl Conquistador Cash Flow StatementActualActualActualActualActualActualActual Original Budget ForecastJul-17Aug-17 Sep-17 Oct-17 Nov-17 Dec-17TotalTOTALTOTALRevenues:Golf Fees, net of discounts20,933 29,780 50,962 67,564 80,238 57,727 307,204 780,706 941,751 Trail Fees & Member Cart Fees19,317 17,660 17,589 18,586 19,200 18,597 110,949 205,664 215,671 Golf - Group Services- 126 840 64 - - 1,030 1,760 2,090 Range, Rentals, Other Golf related2,794 2,897 8,412 6,485 7,273 6,429 34,290 40,930 55,920 Golf Lessons 405 285 590 790 585 1,103 3,758 5,205 6,228 Income - Golf Schools 2,400 - - 955 540 270 4,165 4,560 6,775 Total Member Dues 58,678 60,153 59,790 71,812 73,398 69,778 393,609 959,009 827,234 Other Member Income 312 177 (247) 684 (202) (57) 667 - 667 Swim/Tennis Revenues 25,228 14,808 35,800 51,936 27,259 31,159 186,190 345,900 350,890 Income - Other (non - golf) 11 75 - 77 44 2,005 2,212 - 2,424 Merchandise, net of discounts 10,460 14,083 12,881 11,512 28,049 30,177 107,162 244,730 231,562 Food and Beverage, net of discounts 47,336 49,103 64,613 65,869 64,944 63,341 355,206 793,887 811,091 Total Revenues 187,874 189,147 251,230 296,334 301,328 280,529 1,506,442 3,382,351 3,452,303 Cost of Sales:COS - Group Services Golf17 125 823 64 - - 1,029 1,760 2,089 COS - Golf Lessons 324 333 475 616 468 985 3,201 3,644 4,931 COS - Golf Schools 1,666 - - 669 378 - 2,713 3,648 4,801 COS - Service Commissions 15,523 12,325 17,775 19,043 20,326 19,594 104,586 176,330 194,676 COS - Merchandise, net of discounts 7,715 5,567 6,438 8,362 17,475 22,113 67,670 158,234 148,320 COS - Other (non - golf) (1,572) - - - - - (1,572) - (1,572) COS - Food & Beverage 17,099 19,701 25,927 26,631 22,402 23,759 135,519 282,045 295,612 Total Cost of Sales 40,772 38,051 51,438 55,385 61,049 66,451 313,146 625,660 648,857 Gross Profit 147,102 151,096 199,792 240,949 240,279 214,078 1,193,296 2,756,691 2,803,446 Operating Expenses:Payroll 130,038 137,301 138,716 139,445 140,414 131,203 817,117 1,684,714 1,680,143 Employee Benefits 30,933 31,745 32,122 30,539 31,567 31,663 188,569 409,777 400,766 Employee Related 3,367 2,502 2,281 2,323 2,461 2,661 15,595 27,034 27,623 Advertising & Marketing 5,429 5,790 4,366 22,212 14,534 11,801 64,132 69,983 99,310 Repair & Maintenance 30,650 29,992 80,297 71,059 16,233 23,352 251,583 423,482 386,297 Operating Expenses 17,312 17,012 19,341 20,508 23,507 19,984 117,664 258,196 255,653 Total Operating Expenses 217,729 224,342 277,123 286,086 228,716 220,664 1,454,660 2,873,186 2,849,792 Operating Profit (70,627) (73,246) (77,331) (45,137) 11,563 (6,586) (261,364) (116,495) (46,346) Leases - Carts 9,282 9,282 9,282 9,282 9,282 9,282 55,689 119,745 113,953 Leases - Equipment23,029 23,780 20,580 22,670 19,277 20,974 130,311 251,568 251,568 Utilities 127,430 120,728 147,704 181,357 88,249 65,763 731,231 1,190,026 1,295,444 Fixed Operating Expenses 159,741 153,790 177,566 213,309 116,807 96,018 917,231 1,561,339 1,660,965 Gross Operating Profit (230,368) (227,036) (254,897) (258,446) (105,244) (102,604) (1,178,595) (1,677,834) (1,707,311) Insurance 97 97 97 97 97 97 582 1,107 1,146 Fees, Permits & Licenses 335 (5) 160 - 150 640 640 Base Management Fees 12,000 12,000 12,000 12,000 12,000 12,000 72,000 144,000 144,000 Bad Debt337 5,048 250 (313) 646 5,968 5,968 Total Other Expenses 12,097 12,769 17,140 12,507 11,784 12,893 79,190 145,107 151,754 Net Operating Income (Loss) (242,465) (239,805) (272,037) (270,953) (117,028) (115,497) (1,257,785) (1,822,941) (1,859,065) 2/22/2018
ATTACHMENT D-3
ACTUAL BUDGET ACTUAL BUDGET
MONTH MONTH Y-T-D Y-T-D
FOOD & BEVERAGE REVENUE 63,341 85,253 355,207 338,003
TOTAL REVENUES 63,341 85,253 355,207 338,003
COST OF SALES 23,759 30,433 135,519 121,952
PAYROLL & BENEFITS 38,621 44,970 232,827 243,996
OPERATING EXPENSES 8,563 8,300 52,643 38,750
NET INCOME (LOSS) (7,602) 1,550 (65,782) (66,695)
EL CONQUISTADOR
INCOME STATEMENT CONSOLIDATED - RESTAURANT/GRILLE - DECEMBER 2017
2/22/2018
ATTACHMENT E
December YTD Financial Status FY 2017/2018
Water Utility Fund
% Budget Completion through December --- 50%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CHARGES FOR SERVICES 1,827,694 3,225,300 56.7% 3,265,700 1.3%
INTEREST INCOME (28,995) 93,164 -31.1% 6,991 -92.5%
MISCELLANEOUS 1,814 - 0.0% 2,000 0.0%
WATER SALES 7,429,065 12,075,700 61.5%13,258,000 9.8%
TOTAL REVENUES 9,229,577 15,394,164 60.0% 16,532,691 7.4%
% Actuals YE % Variance
to Budget to Budget
EXPENSES:
ADMINISTRATION 6,055,458 11,352,165 53.3% 11,328,120 -0.2%
ENGINEERING & PLANNING 1,333,225 3,687,102 36.2% 3,645,538 -1.1%
PRODUCTION 1,144,863 2,826,659 40.5% 2,771,617 -1.9%
DISTRIBUTION 604,229 1,087,086 55.6% 1,142,128 5.1%
OTHER FINANCING USES 2,847 2,847 100.0%2,847 0.0%
TOTAL EXPENSES 9,140,622 18,955,859 48.2% 18,890,250 -0.3%
SURPLUS/(DEFICIT) 88,955 (3,561,695) (2,357,559)
Excludes non-cash outlays for depreciation & amortization
* Year-end estimates are subject to further revision
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 12/2017
Actuals
thru 12/2017
Budget
F:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Dec FY18 Fund Update_Water Utility Fund 2/22/2018
ATTACHMENT F
December YTD Financial Status FY 2017/2018
Stormwater Utility Fund
% Budget Completion through December--50%
Actuals
thru 12/2017 Budget
%
Actuals
to
Budget
Year End
Estimate *
YE %
Variance
to Budget
REVENUES:
CHARGES FOR SERVICES 690,032 1,402,500 49.2% 1,402,500 0.0%
INTEREST INCOME 1,699 500 339.7% 3,103 520.5%
MISCELLANEOUS 51 - 0.0%51 0.0%
TOTAL REVENUES 691,782 1,403,000 49.3% 1,405,654 0.2%
Actuals
thru 12/2017 Budget
%
Actuals
to
Budget
Year End
Estimate *
YE %
Variance
to Budget
EXPENDITURES:
PERSONNEL 270,742 670,099 40.4% 670,099 0.0%
OPERATIONS & MAINTENANCE 113,716 381,976 29.8% 381,976 0.0%
CAPITAL 86,425 253,625 34.1%203,625 -19.7%
TOTAL EXPENDITURES 470,883 1,305,700 36.1% 1,255,700 -3.8%
Does not include non-cash outlays for depreciation
SURPLUS / (DEFICIT) 220,899 97,300 149,954
* Year-end estimates are subject to further revision
ATTACHMENT GConsolidated Year-to-Date Financial Report through December, 2017 FY 2017/2018FY 17/18 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru Dec 2017General Fund - Unassigned 11,961,352 18,567,625 18,567,625 1,465,815 11,584,256 3,451,053 161,427 16,662,552 13,866,425 General Fund - Assigned 1,441,862 - 1,441,862 Highway Fund - Committed 1,350,903 1,724,904 1,724,904 964,152 436,047 381,849 1,782,048 1,293,759 Seizure & Forfeiture - Justice/State 303,081 161,508 161,508 16,333 75,341 11,960 103,635 360,954 Bed Tax Fund - Committed 462,611 620,243 620,243 225,019 129,254 141,758 96,323 592,354 490,499 Impound Fee Fund 25,318 17,550 17,550 28,532 28,532 14,336 Community Center Fund (97,157) 3,025,060 3,025,060 186,000 381,260 2,712,284 29,464 3,309,007 (381,105) Municipal Debt Service Fund 89,327 88,486 637,827 726,313 6,800 721,732 728,532 87,108 Oracle Road Debt Service Fund 6,737 164,413 164,413 164,851 164,851 6,299 Alternative Water Resources Dev Impact Fee Fund 6,472,074 818,532 818,532 82,311 82,311 7,208,294 Potable Water System Dev Impact Fee Fund 5,558,044 387,356 387,356 2,279 256,646 258,925 5,686,475 Townwide Roadway Development Impact Fee Fund 3,097,156 258,614 258,614 522,968 522,968 2,832,802 Parks & Recreation Impact Fee Fund 514,986 135,238 135,238 539,400 539,400 110,824 Police Impact Fee Fund 505,282 52,248 52,248 - 557,530 General Government Impact Fee Fund 3,524 10 10 - 3,534 General Government CIP Fund 1,716,361 1,445,254 1,445,254 61,283 560 1,487,457 1,549,301 1,612,314 PAG/RTA Fund 884,762 2,556,136 2,556,136 81,425 2,470,706 2,552,131 888,767 Water Utility10,024,473 9,229,577 9,229,577 2,847 1,496,905 3,063,329 1,337,401 3,240,140 9,140,622 10,113,428 Stormwater Utility603,121 691,782 691,782 270,742 113,716 86,425 470,883 824,020 Fleet Fund 952,371 652,969 150,000 802,969 43,012 331,924 439,001 813,938 941,402 Benefit Self Insurance Fund (113,357) 1,790,833 1,790,833 990,910 990,910 686,565 Recreation In-Lieu Fee Fund 15,718 - - 15,718 Energy Efficiency Project Fund 568,337 - 525,797 525,797 42,540 Total 46,346,886 40,943,083 2,233,081 43,176,164 2,419,081 15,057,155 11,408,315 7,550,778 - 4,383,369 40,818,698 48,704,351 Fund RevenueOther Fin Sources/TfrsTotal InDebt Service Total OutPersonnel O&M Capital ContingencyF:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Attachment G - Summary All Funds2/22/2018
ATTACHMENT HGeneral Fund Local Sales Tax CollectionsFY 2017/18CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 547,514 469,050 456,125 443,115 664,593 459,268 3,039,665 Utility Sales Tax 202,208 429,402 290,283 310,764 256,734 231,300 1,720,691 Retail Sales Tax 541,876 478,942 481,677 505,094 502,326 629,823 3,139,738 All Other Local Sales Tax *202,678 219,584 186,445 184,144 200,359 198,807 1,192,017 TOTAL 1,494,276$ 1,596,978$ 1,414,530$ 1,443,117$ 1,624,012$ 1,519,198$ 9,092,111$ FY 2016/17CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 211,862 188,622 464,738 331,337 302,776 310,738 553,592 307,122 457,822 400,603 660,930 602,001 4,792,143 Utility Sales Tax 256,758 319,698 294,983 273,535 216,045 210,750 210,159 235,740 210,303 197,163 205,177 221,911 2,852,222 Retail Sales Tax 498,390 460,006 467,191 491,196 495,453 598,150 774,898 489,541 512,147 544,825 565,002 542,081 6,438,880 All Other Local Sales Tax *171,723 170,598 181,484 157,224 196,370 185,762 203,062 196,780 236,388 188,520 220,840 195,229 2,303,981 TOTAL 1,138,733$ 1,138,924$ 1,408,396$ 1,253,292$ 1,210,644$ 1,305,400$ 1,741,712$ 1,229,183$ 1,416,660$ 1,331,110$ 1,651,949$ 1,561,222$ 16,387,225$ * Note: Does not include cable franchise fees or sales tax audit revenuesF:\BUDGET ANALYST\Financial Reports 2017-2018\2Q\Dec\Attachment H - Gen Fund Local Sales Tax2/22/2018
Town Council Regular Session Item # 2.
Meeting Date:03/07/2018
Requested by: Town Council Submitted By:Mike Standish, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
POSSIBLE ACTION TO APPROVE THE SETTLEMENT AGREEMENT REGARDING
PROPERTY TO BE OBTAINED AS PART OF THE TANGERINE ROAD CORRIDOR
IMPROVEMENT PROJECT
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (approve/deny) the settlement agreement as discussed in executive session.
Attachments
No file(s) attached.