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HomeMy WebLinkAboutPackets - Council Packets (1500) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 14, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER — AT OR AFTER 7:00 PM ROLL CALL 1. STREET LIGHT POLICY DISCUSSION 2. DISCUSSION AND REVIEW OF AMENDMENTS TO THE PROCUREMENT/PURCHASING CODE WHICH IS A PART OF CHAPTER 3 OF THE ORO VALLEY TOWN CODE 3. DISCUSSION OF ORDINANCE REGARDING THE PROHIBITION OF FIREARMS IN THE TOWN PARKS 4. DISCUSSION OF ORO VALLEY WATER UTILITY — LATE FEE POLICY ADJOURNMENT 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 Oro Valley Town Clerk at 229-4700. POSTED: 08/11/00 4:30 p.m. rg 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION STUDY SESSION DATE: August 14, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: William A.Jansen,P.E.,Town Engineer SUBJECT: Street Light Policy Discussion DPW has recently received verbal requests from 2 subdivision HOAs to install streetlights at the entrances to their subdivisions. In each case, the subdivision HOA indicated that they would pay for these lights. The streetlights requested are: 1. Rivers Edge • At the intersection of Shore Cliff Drive and Lambert Lane > At the intersection of Avenida Vallejo and Lambert Lane 2. Canada Ridge > At the intersection of Eaglecrest Drive and Naranja Drive ➢ At the intersection of Canada Ridge Drive and Naranja Drive At present, neither the Town Code nor the Zoning Code provides any guidance for the placement of streetlights. The present DPW policy is to install streetlights only at major street intersections. None of the above requests would fall into that category. Without any clear guidance as to what the Town's position is on streetlights vs. the "dark sky" concept, I am reluctant to approve these requests. My concern is that if these requests are approved, before long, there will be streetlights at every intersection on La Canada, Lambert, Naranja, etc. The cost to the Town is not an issue as we can require the HOA's to pay the streetlight costs. The issue is "does the Town want streetlights at intersections along our major streets"? The Council's guidance is requested on this issue. The above requests will not be forwarded to Council until such time as the issue is resolved. /til _i___- D-: D . � sent HeaAl��-L, ' LCL Town Manager • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 14, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director Dan Dudley, Town Attorney SUBJECT: Discussion of a Proposed Ordinance Regarding Procurement and Related Amendments to the Town Code SUMMARY: Over the past several months, representatives from the various Town departments and divisions have met to prepare draft revisions to the Town's purchasing code. The draft document was declared a public record by the Town Council on July 19 via Resolution No. (R)00-77. The proposed amendments represent a considerable overhaul to the Town purchasing code and a significant amount of input from Town staff The procurement code has not been comprehensively updated over the past ten years. In addition to proposing changes to the code, the draft document attempts to explicitly address some purchasing issues that the code has not specifically identified. It is felt that the draft you have before you will provide better, more comprehensive guidelines to staff with regard to Town procurement. Some of the more significant issues include the following: • Adds a definition section including a more complete definition of"procurement" and "responsible and responsive bidder" • Increases the dollar requirement for a formal bid process from the existing $10,000 amount to an amount of$20,000 • Council action would be to award bids rather than contracts. The execution of a contract that resulted from an award of bid would be considered an administrative function. • Codifies potential "contract splitting" issues • Specifies that procurements of professional services in an amount of$20,000 or more must be approved by the Town Council • Adds language regarding bid bonds and payment bonds • Adds language that the bid shall be awarded to the lowest responsible and responsive bidder • Broadens staff's ability to dispose of excess property • Changes the"two signature" requirement for Town checks from $500 to $1,000 • Codifies prohibited activities regarding procurement by Town employees Inquiry regarding local vendor preference. Although I am unable to find any applicable case law directly addressing the issue, I feel that allowing a local preference provision in the Town Code would be problematic. State local preference statutes have been upheld, but have generated a lot of litigation. They have been attacked on the basis of denial of due process and denial of the equal protection of laws, and may additionally draw fire based on interference with interstate commerce, which is prohibited based on the Commerce Clause of the U.S. Constitution, Art. 1, § 8, cl. 3. Because the local preference provision here would affect only the Town and not the entire state, it may run afoul of the state scheme. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 A.R.S. § 34-241 allows for a 5% preference to local contractors when procuring"contract[s] for work to be paid for fromp ublic funds." It allows this preference for any contractor who has performed well in the past and who has paid at least $200.00 in real or personal property taxes for the past two years. A longline of Arizona cases has ruled on this statute, and until 1990, it was upheld. However, in 1990, the Supreme Court held in Big D Constr. Corp. v. Court of Appeals for State of Ariz., 789 P.2d 1061 (Ariz. 1990), that due to numerous amendments, the character of the statute had changed and it was no longer valid. There, the Court noted that because this statute is a form of economic regulation, it is subject to the "rational basis" test, which means that it "must not be arbitrary or irrational, and must be reasonably related to furthering a legitimate state purpose." 789 P.2d at 1067, citing Bryant v. Continental Conveyor Equip. Co., 751 P.2d 509 (Ariz. 1988). The changes in § 34-241 that had rendered it unconstitutional included removing the requirement that a contractor's home office be within the state and reducing the amount of taxes required to be paid to qualify for the preference. These changes removed the benefits that the original legislators had sought to confer. The Court noted that earlier versions of the statute had been upheld because they had required taxes to be paid on property roughly equal in value to the amount of the contract. The Court also noted that the present statute has no effect on employment within the state, because it does not require a contractor to hire in-state labor. So, for a local preference provision to withstand judicial scrutiny, it must reasonably relate to some permissible state goal, including providing local employment and increasing local taxes. A draft of a local preference provision that may withstand that scrutiny is set out below. New Section: Section 3-4-7(F)(7). Preference for Local Business In determining the lowest responsible bidder, bids of contractors whose home office is located within THE TOWN OF ORO VALLEY, who are licensed as a contractor in the state of Arizona, who have satisfactorily performed prior public contracts, and who have paid real or personal property taxes for at least two consecutive years immediately prior to submitting the bid (i) on a plant and equipment such as is ordinarily required for the performance of the contract for which the bid is made, or(ii) on other real or personal property in THE TOWN OF ORO VALLEY equivalent in value to such plant, shall be deemed a better bid than the bid of a competing contractor who has not paid such taxes, whenever the bid of the competing contractor is less than five (5) per cent lower, and the contractor making a bid, as provided by this section, which is deemed the better bid, shall be awarded the contract. No contract awarded pursuant to this section shall be sublet to a subcontractor who has not paid taxes as required by this section. ATTACHMENTS: 1. Proposed Ordinance Amending the Town's Proposed Procurement Code RECOMMENDATION: Subsequent to the study session, staff would like to bring the document forward for future Council consideration and adoption. SUGGESTED MOTION: N/A TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 /3,14A4a ).4 (20diget-0 David L. Andrews Finance Director Qac-•— /�� Dan Dudley Town Attorney _0111S44 - Chuck Sweet Town Manager ORDINANCE NO. (0) 00 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO PROCUREMENT; AMENDING BY REFERENCE "ARTICLE 3-4, PURCHASING" AND AMENDING "SECTION 3-2-1, TOWN MANAGER," OF THE ORO VALLEY TOWN CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on September 27, 1989, the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 3, Administration," as the third chapter of the official Town Code; and WHEREAS, the Town has deemed it necessary that certain amendments to Article 3-4 are necessary in order to clarify the process of procurement and formal bidding of the Town of Oro Valley; and WHEREAS, the Town has also deemed it necessary to amend Section 3-2-1 in order to clarify the duties and powers of the Town Manager, as Procurement Agent on behalf of the Town, and to reflect an increase in the dollar amount of all procurements before engaging in formal bidding procedures; and WHEREAS, striking the existing Article 3-4, Purchasing, and replacing it with new text as well as amending Section 3-2-1, Town Manager, is in the best interest of the residents of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That "Article 3-4, Purchasing," of the Oro Valley Town Code is hereby amended by striking it in its entirety and inserting in lieu thereof "Article 3-4, Procurement," which is referred to and made a part hereof as if fully set out in this Ordinance. SECTION 2. Section 3-2-1(H)(10) is amended to read as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 3-2-1 Town Manager H. Powers and Duties 10. To pufehase PROCURE, or cause to be pufehased PROCURED, all supplies and equipment and to make arrangements for contractual services for all the departments or divisions of the Town of an amount up to $10,000.00, $20,000.00; letting contracts for between $1,000.00 and $10,000.00 $20,000.00 on an "informal bid" process; and to receive sealed bids for PROCUREMENTS in excess of $10,000.00 $20,000.00 and to present them to the Council for approval. Pufehases PROCUREMENTS made by, through, or with the FEDERAL GOVERNMENT OR ITS AGENCIES, State of Arizona or its political subdivisions, of-the United States Federal Government's General Services Administration; or the Houston-Galveston Area Council (H-GAC), provided they continue to meet the requirements for bids as established by the STATE AND FEDERAL LAW, laws of the State of Arizona and the Federal Government, need not be submitted to the Council for approval, but HOWEVER such pufehases PROCUREMENTS are restricted to approved budgetary items only. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 TOWN OF ORO VALLEY TOWN CODE Article 3-4 ch ; PROCUREMENT* 3-4-1 APPLICABILITY 3-4-2 DEFINITIONS 3-4-3 In General; PROCUREMENT ORGANIZATION 3-4-4 Exceptions . .• - - 3-4-6 3-4-5 BONDS 3-4-7 3-4-6 INVITATION FOR BIDS 3-4-8 3-4-7 COMPETITVE BIDDING PROCEDURES 3-4-9 3-4-8 Surplus PROPERTY 3-4-10 3-4-9 Signatures on Checks 3-4-11 3-4-10 State Preemption 3-4-12 3-4-1 I PROHIBITED ACTIVITIES 3-4-1 APPLICABILITY THIS ARTICLE APPLIES TO EVERY PROCUREMENT OF MATERIALS, SERVICES, PROFESSIONAL SERVICES, AND CONSTRUCTION WITH PUBLIC MONIES IRRESPECTIVE OF THEIR SOURCE, INCLUDING FEDERAL ASSISTANCE MONIES EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, INITIATED AFTER ITS EFFECTIVE DATE. THIS ARTICLE ALSO APPLIES TO THE DISPOSAL OF MATERIALS. NOTHING IN THIS ARTICLE SHALL PREVENT THIS TOWN FROM COMPLYING WITH THE TERMS AND CONDITIONS OF ANY GRANT, GIFT, BEQUEST, OR COOPERATIVE AGREEMENT. IF THE PROCUREMENT INVOLVES THE EXPENDITURE OF FEDERAL ASSISTANCE OR CONTRACT MONIES OR IS SUBJECT TO STATE LAW, THE TOWN SHALL COMPLY WITH FEDERAL AND STATE LAW AND AUTHORIZED REGULATIONS WHICH ARE MANDATORILY APPLICABLE AND WHICH MAY NOT BE REFLECTED IN THIS ARTICLE. 3-4-2 DEFINITIONS BRAND NAME SPECIFICATION MEANS A SPECIFICATION LIMITED TO ONE OR MORE ITEMS BY MANUFACTURER NAME OR CATALOG NUMBERS OF WHICH THE STANDARD OF QUALITY, PERFORMANCE, AND OTHER CHARACTERISTICS MEET THE TOWN'S REQUIREMENTS. * The amendments to the existing code are shown in ALL CAPS and the deletions are shown in Stf;kethrou i text. • 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 CHANGE ORDER MEANS AN AUTHORIZED WRITTEN ORDER WHICH DIRECTS THE CONTRACTOR TO MAKE CHANGES TO THE CONTRACT FOR CONSTRUCTION OF PUBLIC I PROVEMENT S. CONSTRUCTION MEANS THE PROCESS OF BUILDING, ALTERING, REPAIRING, IMPROVING, OR DEMOLISHING ANY PUBLIC STRUCTURE OR BUILDING, OR ANY OTHER PUBLIC IMPROVEMENTS OF ANY KIND TO ANY PUBLIC REAL PROPERTY. DISPOSAL OF MATERIAL MEANS SALE OF SURPLUS PROPERTY BY PUBLIC AUCTION, TRADE, OR COMPETITIVE SEALED BIDDING. EMERGENCY MEANS ANY CONDITION, IN REFERENCE TO PROCUREMENT, RESULTING FROM A SUDDEN UNEXPECTED HAPPENING OR UNFORESEEN OCCURRENCE OR CONDITION AND SITUATION WHEREIN THE PUBLIC HEALTH OR SAFETY IS ENDANGERED. INVITATION FOR BIDS MEANS ALL DOCUMENTS, WHETHER ATTACHED OR INCORPORATED BY REFERENCE, WHICH ARE USED FOR SOLICITATING BIDS IN ACCORDANCE WITH THIS ARTICLE. MATERIALS MEANS ALL PROPERTY, INCLUDING BUT NOT LIMITED TO, EQUIPMENT, VEHICLES, SUPPLIES, PRINTING, AND LEASES OF REAL PROPERTY, BUT DOES NOT INCLUDE LAND. PROCUREMENT MEANS TO OBTAIN BY MEANS OF MONETARY PAYMENT IN THE FORMS OF PURCHASING, RENTING, LEASING, OR OTHERWISE AQUIRING ANY MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION. PROFESSIONAL SERVICES MEANS THOSE SERVICES REQUIRING SPECIAL KNOWLEDGE, EDUCATION, OR SKILL AND WHERE THE QUALIFICATIONS OF PERSONS RENDERING THE SERVICES ARE OF PRIMARY IMPORTANCE. PUBLIC IMPROVEMENT MEANS ANY OF THE FOLLOWING: A. BUILDING, ERECTING, CONSTRUCTING, OR IMPROVING ANY STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC WAY. B. BUILDING, ERECTING, CONSTRUCTING ANY IMPROVEMENTS TO THE WATER SYSTEM, SANITARY SEWER SYSTEM, ANY STORM SEWER, DRAINAGE DITCH, WATERWAY BRIDGE OR CULVERT WITHIN THE TOWN. C. ANY BUILDING OR STRUCTURE, OR MODIFICATION TO ANY BUILDING OR STRUCTURE, LOCATED ON PROPERTY OR RIGHT-OF-WAY IN WHICH THE TOWN HAS A PROPERTY INTEREST. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 RESPONSIBLE AND RESPONSIVE BIDDER MEANS A PERSON WHO SUBMITS A BID WHICH CONFORMS IN ALL MATERIAL RESPECTS TO THE INVITATION FOR BIDS OR REQUEST FOR PROPOSALS AND WHO HAS THE CAPABILITY TO PERFORM THE CONTRACT REQUIREMENTS WITH THE INTERGRITY AND RELIABILITY WHICH WILL ASSURE GOOD FAITH PERFORMANCE, PURSUANT TO ARS § 41-2531. SERVICES MEANS THE FURNISHING OF LABOR, TIME OR EFFORT BY CONTRACTOR OR SUBCONTRACTOR, WHICH DOES NOT INVOLVE THOSE SERVICES REQUIRING SPECIAL KNOWLEDGE, EDUCATION, OR SKILL. SPECIFICATION MEANS ANY DESCRIPTION OF THE PHYSICAL OR FUNCTIONAL CHARACTERISTICS, OR OF THE NATURE OF A MATERIAL, SERVICE, PROFESSIONAL SERVICE, OR CONSTRUCTION ITEM. SPECIFICATION MAY INCLUDE A DESCRIPTION OF ANY REQUIREMENT FOR INSPECTING, TESTING, OR PREPARING A MATERIAL, SERVICE, PROFESSIONAL SERVICE, OR CONSTRUCTION ITEM FOR DELIVERY. 3-4-3 In General; PROCUREMENT ORGANIZATION The Town Manager, OR HIS/HER DESIGNEE, shall act as the pufehasing PROCUREMENT agent for the Town. No purchase or contract for services PROCUREMENT of any kind or description, payment for which is to be made from funds of the Town, shall be made by the P PROCUREMENT agent, or any officer, employee, or agent of the Town, except in the manner set forth in this Article. THE PROCUREMENT AGENT SHALL PRESCRIBE AND MAINTAIN SUCH FORMS AND RULES AS DEEMED APPROPRIATE FOR THE OPERATION OF THE PROVISIONS OF THIS ARTICLE. A. Under $1,000. Whenever any contemplated purchase or contract for services PROCUREMENT is for the sum of less than $1,000, the PROCUREMENT agent may order the item as needed without further formality. B. INFORMAL PROCUREMENT; Over$1,000 but under $20,000 indusive. Whenever any contemplated purchase or contract for services PROCUREMENT is for the sum of at least $1,000 but not more than $10,000 $20,000, the PROCUREMENT agent is authorized to let contracts on a AN "informal bid" process (THREE written price quotations AND/OR DOCUMENTED TELEPHONE RESPONSE WITH PRIOR APPROVAL FROM THE PROCUREMENT AGENT), and he THE PROCUREMENT AGENT may then award the purchase or contract for services PROCUREMENT to the lowest responsible AND RESPONSIVE bidder THAT HAS SUBMITTED THE LOWEST PRICE QUOTE. THE PROCUREMENT AGENT MAY WAIVE THE "INFORMAL BID" PROCESS (THREE WRITTEN PRICE QUOTATIONS) OF ANY CONTEMPLATED PROCUREMENT AS THOSE PROVISIONS ARE SET FORTH IN SECTION 3-4-4. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 C. FORMAL PROCUREMENT; 0 $20,000 or over. Whenever any contemplated purchase or contract for services PROCUREMENT is for the sum of$10,000 $20,000 or more, the TOWN CLERK shall cause to be published in two (2) issues of a newspaper of general circulation in the Town ONE (1) TIME, A notice inviting OF INVITATION FOR bids, PURSUANT TO ARIZONA REVISED STATUTES § 41- 2533. which THE notice shall be published at least ten (10) days prior to the date set for the receipt of bids. The notice herein required AND shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, thepurchasing—agent TOWN CLERK shall post a notice inviting OF INVITATION FOR bids in the Town Hall and may also mail to . - ::- •: - = :- ' • - suppliers ANY POTENTIAL BIDDER a copy of the notice inserted in the newspaper. D. CONTRACT SPLITTING NO CONTRACT SHALL BE SPLIT INTO PARTIAL CONTRACTS FOR THE PURPOSE OF AVOIDING THE REQUIREMENTS OF THIS ARTICLE NOR SHALL ANY CONTRACT BE MANIPULATED SO AS TO CONSTITUTE A SMALLER PROCUREMENT AS DEFINED IN SECTION 3-4-3 (A) AND (B) ABOVE. E. COUNCIL APPROVAL. NO PROCUREMENT CONTRACT OR AWARD OF BID OF $20,000 OR MORE SHALL BE ENTERED INTO EXCEPT WITH THE APPROVAL OF THE COUNCIL. 3-4-4 Exceptions A. Exclusive Service AND SOLE SOURCE PROCUREMENT In the event that there is only one firm, of company, or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, the bidding procedures of Section 3-4-4 3-4-6 shall not be applicable, and such services or commodities may be secured PROCURED without bidding AN INVITATION FORBIDS. - SOLE SOURCE PROCUREMENT SHALL BE AVOIDED, EXCEPT WHEN NO REASONABLE ALTERNATIVE SOURCES EXIST. SOLE SOURCE PROCUREMENTS IN THE SUM OF $20,000 OR MORE SHALL BE SUBMITTED TO THE COUNCIL FOR APPROVAL. B. Used Equipment. Upon recommendation of the Town-Manager PROCUREMENT AGENT, the Council may elect to waive the bid procedures with respect to the purchase of used equipment. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 C. Cooperative Purchasing. In the event of a purchase PROCUREMENTS made by, through or with the FEDERAL GOVERNMENT OR ITS AGENCIES, State of Arizona or its political subdivisions, OR THE HOUSTON-GALVESTON AREA COUNCIL [HGAC] the Council may approve such - - - - - - - - -•' - MAY BE OBTAINED without a formal bidding process whenever other governmental units have done so for the same item or service if, in the :•-•: - .- : •• - a - . -.:- , a separate bidding process is not likely to result in a lower price for such items or services. ' . -. - -•..- - =•:- = • • - -- - . - = •• • = -• = • Government's General Services Administration SUCH PROCUREMENTS need not be submitted to the Council for approval but are restricted to approved budgetary items WITHIN APPROVED DOLLAR AMOUNTS only. D. Emergency Purchases PROCUREMENT NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, In case of an the Mayor shall be empowered to authorize the purchasingPROCUREMENT agent to MAKE AN EMERGENCY PROCUREMENT OF MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION ITEMS WHEN THERE EXISTS A THREAT TO PUBLIC HEALTH, WELFARE, OR SAFETY. purchase or secure services . IF A SITUATION EXISTS WHICH MAKES COMPLIANCE IMPRACTICABLE, UNNECESSARY, OR CONTRARY TO THE PUBLIC INTEREST, AN EMERGENCY PROCUREMENT SHALL BE MADE WITHOUT COMPLYING WITH THE PROCEDURES OF THIS ARTICLE THOUGH LIMITED TO THOSE MATERIALS, SERVICES, PROFESSIONAL SERVICES, OR CONSTRUCTION ITEMS NECESSARY TO SATISFY THE EMERGENCY NEED. A full WRITTEN report in writing of the circumstances of any emergency pard PROCUREMENT shall be filed by the purchasing PROCUREMENT agent with the Town Council at its next REGULARLY SCHEDULED meeting. E. PROFESSIONAL SERVICES - ': -/ - -•' - . h services shall include, but not limited to, the following: . - - - - --- _ .. _ - •- . FOR THE PURPOSE OF PROCURING THE PROFESSIONAL SERVICES OF, BUT NOT LIMITED TO, ARCHITECTS, ENGINEERS, FINANCIAL PROFESSIONALS, AND LEGAL COUNSEL, EACH DEPARTMENT HEAD MAY PROCURE SUCH SERVICES WITHOUT AN INVITATION FOR BID PROCUREMENT PROCESS, EXCEPT THAT ALL CONTRACTS EXCEEDING $20,000 IN AMOUNT SHALL REQUIRE APPROVAL BY RESOLUTION OF THE COUNCIL. NO CONTRACT FOR THE SERVICES OF LEGAL COUNSEL MAY BE AWARDED WITHOUT THE AUTHORIZATION OF TIE TOWN ATTORNEY EXCEPT AS OTHERWISE PROVIDED BY LAW. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 3-4-5 BONDS A. BID BOND PURSUANT TO ARIZONA REVISED STATUTES § 48-584, A BID BOND IS REQUIRED FOR ALL PUBLIC IMPROVEMENT PROJECTS IN ORDER TO PROTECT THE TOWN IN THE EVENT THAT THE BIDDER REFUSES TO ENTER INTO A CONTRACT AFTER THE AWARD TO THE BIDDER OR WITHDRAWS THE BID BEFORE THE AWARD IS DECLARED. THE BOND SHALL BE FOR AN AMOUNT NOT LESS THAN TEN PERCENT (10%) OF THE TOTAL BID, IN CASH OR OTHERWISE, AND FILED WITH THE TOWN CLERK AT THE TIME OF SUBMISSION OF THE BID. B. PERFORMANCE BOND PURSUANT TO ARIZONA REVISED STATUTES § 34-222 (A) (1), A PERFORMANCE BOND IS REQUIRED CONDITIONED ON THE FAITHFUL PERFORMANCE OF THE CONTRACT. The pufehasing PROCUREMENT agent shall have the authority to require a performance bond, in cash or otherwise, for sueh AN amount . -- --. . ;-- .. • _ • - EQUAL TO THE FULL CONTRACT AMOUNT to secure the execution of the contract. for the best interest of the Town. A PERFORMANCE BOND IS SOLELY FOR THE PROTECTION OF THE TOWN. C. PAYMENT BOND PURSUANT TO ARIZONA REVISED STATUTES § 34-222 (A) (2), A PAYMENT BOND IS REQUIRED FOR THE PROTECTION OF ALL PERSONS DIRECTLY SUPPLYING THE LABOR AND MATERIAL TO THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE PERFORMANCE OF THE WORK PROVIDED FOR IN THE CONTRACT. THE PROCUREMENT AGENT SHALL REQUIRE A PAYMENT BOND, IN CASH OR OTHERWISE, FOR AN AMOUNT EQUAL TO THE FULL CONTRACT AMOUNT TO SECURE THE EXECUTION OF THE CONTRACT. A PAYMENT BOND IS SOLELY FOR THE PROTECTION OF CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE CONTRACTOR OR HIS SUBCONTRACTORS IN THE PROSECUTION OF THE WORK PROVIDED FOR IN SUCH CONTRACT. 3-4-6 Bidding INVITATION FOR BIDS AN INVITATION FOR BIDS SHALL BE ISSUED AND SHALL INCLUDE THE ITEM DESCRIPTIONS AND ALL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE PROCUREMENT. The pufehasing PROCUREMENT agent and all parties contracting with the Town shall follow the procedure set forth in this section ARTICLE. in -relationto al A. All notices and solicitations of bids shall state the time and place for opening. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 B. All bids shall be submitted sealed to the TOWN CLERK and shall be identified as bids on the envelope. C. All bids shall be opened in public at the time and place stated in the public notice. BIDS RECEIVED AFTER THE APPOINTED TIME, SHALL BE RETURNED UNOPENED. � , D. The . . COUNCIL,. . , •. , .; . -:- . : - •:- � . -: : : .- •: - , • -: -- Council under subsection C of the section shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids. E. THE BID SHALL BE AWARDED TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WHOSE BID CONFORMS IN ALL MATERIAL RESPECTS TO THE REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION FOR BIDS, PURSUANT TO ARIZONA REVISED STATUTE § 41-2533. 3-4-7 COMPETITIVE BIDDING PROCEDURES A. IMPROVEMENT DISTRICTS PURSUANT TO ARIZONA REVISED STATUTES § 48-581, THE TOWN SHALL USE COMPETITIVE BIDS IN AN IMPROVEMENT DISTRICT. B. USE OF TOWN EMPLOYEES FOR CONSTRUCTION PROJECTS CONSTRUCTION PROJECTS CAN BE COMPLETED BY REGULARLY EMPLOYED TOWN PERSONNEL WITHOUT GOING OUT TO BID PROVIDED: 1. THE TOWN USES ITS OWN EMPLOYEES FOR STREET, ROAD, BRIDGE, WATER OR SEWER WORK, WITHOUT ADVERTISING FOR BIDS IF THE TOTAL COST OF THE PROJECT DOES NOT EXCEED A THRESHOLD AMOUNT OF $169,497.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (D). 2. THE TOWN CONSTRUCTS, RECONSTRUCTS, INSTALLS, OR REPAIRS A NATURAL GAS OR ELECTRIC UTILITY AND WATER DISTRIBUTION SYSTEM, OWNED AND OPERATED BY THE TOWN, WITH THEIR EMPLOYEES WITHOUT GOING TO BID UNLESS OTHERWISE PROHIBITED BY ORDINANCE, PURSUANT TO ARIZONA REVISED STATUTES § 34-201 (E). 3. FOR ALL OTHER PROJECTS, THE TOWN COMPLETES A PROJECT THAT IT BELIEVES CAN BE ADVANTAGEOUSLY DONE BY ITS OWN EMPLOYEES PROVIDED THAT THE TOTAL COST OF THE WORK, EXCLUDING MATERIALS AND EQUIPMENT PREVIOUSLY ACQUIRED BY BID, DOES NOT EXCEED A THRESHOLD AMOUNT OF $15,726.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (C). 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 4. ANY CONSTRUCTION DONE BY THE TOWN UNDER THIS SECTION SHALL COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP). C. DEVELOPMENT AGREEMENTS THE TOWN, WITHOUT GOING TO BID, MAY MAKE A CONTRIBUTION FOR THE FINANCING OF PUBLIC INFRASTRUCTURE PURSUANT TO A DEVELOPMENT AGREEMENT UP TO A THRESHOLD AMOUNT OF $112,331.00 FOR FY 99-00, AS PROVIDED BY ARIZONA REVISED STATUTES § 34-201 (F). D. CHANGE ORDERS WRITTEN NOTICE OF ANY CHANGE ORDER OR ACCUMULATIVE CHANGE ORDER OVER TWENTY PERCENT (20%) SHALL BE SUBMITTED TO THE COUNCIL FOR APPROVAL. E. BRAND NAME SPECIFICATION A BRAND NAME ITEM OR APPROVED ALTERNATE SPECIFICATION SHALL ONLY BE USED WHEN THE PROCUREMENT AGENT DETERMINES THAT USE OF A BRAND NAME ITEM IS ADVANTAGEOUS TO THE TOWN. F. LOWEST RESPONSIBLE AND RESPONSIVE BIDDER Unless the Council or pufehasing PROCUREMENT agent OR COUNCIL should exercise the right of rejection as provided by Section 3-4-3 THIS ARTICLE, the -. - = - • PROCUREMENT shall be made from -with the lowest responsible AND RESPONSIVE bidder for the entire purchase or contract PROCUREMENT or for any part thereof. In determining the lowest responsible AND RESPONSIVE bidder, the Council and pttfehasing PROCUREMENT agent OR COUNCIL shall consider THE FOLLOWING: 1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required. 2. Whether the bidder can perform the contract or provide the services promptly or within the specified time. 3. The quality of performance of previous contracts. 4. The previous and existing compliance by the bidder with laws and ordinances of the Town. 5. The financial resources and ability of the bidder to perform the contract. 6. The quality, availability, and adaptability of the supplies or services. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 3-4-8 Surplus PROPERTY A. SURPLUS PROPERTY LISTING All departments and offices DIVISIONS shall submit to the parehasing PROCUREMENT agent, at such time and in such form . -- -. - ':- PRESCRIBED, WRITTEN reports showing all supplies and equipment which are no longer used or have become obsolete or worn out. A LISTING OF SURPLUS PROPERTY SHALL BE MAINTAINED AND SUCH PROPERTY SHALL BE TRANSFERRED BETWEEN DEPARTMENTS AND DIVISIONS AS NEEDED PRIOR TO PURSUING ANY DISPOSAL METHOD. B. DISPOSAL PROCESS OF SURPLUS PROPERTY The purchasing PROCUREMENT agent shall have the authority to sell all supplies and equipment DISPOSE OF ANY SURPLUS PROPERTY which IT PRINCIPALLY HAD A RIGHT TO ACQUIRE. IF THE PROPERTY cannot be used BY ANY DEPARTMENT OR DIVISION or which have HAS become unsuitable for Town use, THE PROCUREMENT AGENT MAY PURSUE, IN GOOD FAITH, ANY DISPOSAL PROCESS WHICH BENEFITS THE TOWN. • ' . IF FOUND TO BE IN THE INTEREST OF THE PUBLIC AND WITHIN THE REASONABLE DISCRETION OF THE PROCUREMENT AGENT, THE PROCUREMENT AGENT MAY: 1. SELL THE SURPLUS PROPERTY AT PUBLIC AUCTION. 2. TRADE THE SURPLUS PROPERTY FOR CREDIT AGAINST NEW PURCHASES. 3. SELL THE SURPLUS PROPERTY THROUGH THE COMPETITIVE SEALED BIDDING PROCESS AFTER PROPER PUBLIC NOTICE. 4. MAY CONSIGN SURPLUS PROPERTY TO THIRD PARTIES FOR SALE UPON TERMS ADVANTAGEOUS TO THE TOWN. SUCH METHOD MAY NOT BE USED UNLESS, IN THE OPINION OF THE PROCUREMENT AGENT, IT IS THE ONLY VIABLE DISPOSAL METHOD AVAILABLE. 5. GIFT TO CHARITY IF IN THE OPINION OF THE PROCUREMENT AGENT THE SURPLUS PROPERTY CANNOT OTHERWISE BE DISPOSED OF USING ANY OF THE OTHER METHODS DESCRIBED IN THIS SECTION. C. SURPLUS PROPERTY PROCEEDS ALL PROCEEDS FROM THE SALE OF SURPLUS PROPERTY SHALL BE DEPOSITED IN THE APPROPRIATE REVENUE ACCOUNT OF THE TOWN. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 3-4-9 Signatures on Checks A. LESS THAN $ $1000 All checks for expenditures of Town monies for an amount of less than $500 $1000 shall bear one signature of either the Town Manager, Town Clerk, or Finance Director. B. GREATER THAN $ $1000 All checks for expenditures of Town monies for an amount equal to or greater than $-5-00 $1000 shall bear two signatures of the Town Manager, Town Clerk, or Finance Director. C. SIGNATOR The Mayor and Vice-Mayor may serve as a signator for any expenditure in the absence of the Town Manager, Town Clerk, or Finance Director. (Amended 08/18/93) 3-4-10 State Preemption Notwithstanding any other portion of this Article, in the event any :. -. - : - . PROCUREMENT falls within the definitions for limitations of A.R.S. ARIZONA REVISED STATUTES § 34-201 et seq. , as amended, the provisions, requirements, and specifications of the relevant portions of the Arizona Revised Statutes shall supercede this chapter ARTICLE and control any such bidding procedures. 3-4-11 PROHIBITED ACTIVITIES ANY DISCLOSURE BY A TOWN EMPLOYEE OF THE TERMS OF A BID SUBMITTED IN RESPONSE TO A BID NOTICE ISSUED BY THE TOWN OF ORO VALLEY IN ADVANCE OF THE TIME SET FOR OPENING OF ALL BIDS SO SUBMITTED SHALL BE UNLAWFUL. 3-4 Amendment(16) Office of the Oro Valley Town Attorney/SIB 8.11.2000 7 . , - , TOWN OF ORO VALLEY 3 STUDY SESSION COUNCIL COMMUNICATION MEETING DATE: 08/14/00 ______________ - TO: HONORABLE MAYOR AND COUNCIL FROM: Dan Dudley, Town Attorney SUBJECT: Ordinance (0) 00- , Prohibition of Weapons in the Parks and Public Buildings SUMMARY: In response to a lawsuit against the City of Tucson,which Tucson won, prohibiting guns in the parks became a major issue this year up at the state legislature. At the end of the session, due to the actions of the State Legislature, cities and towns had been pre-empted by state law from prohibiting weapons in the parks as long as a person has a valid concealed weapon permit issued by the State. The new law also required that any violation of this be a Class Two misdemeanor (currently we have this offense listed as a class one misdemeanor) Since the Town of Oro Valley already has an internally adopted park policy prohibiting all weapons in the parks, this legislation requires us to adopt an ordinance adopting the new policies outlined in the state law. This ordinance accomplishes that required change. The City of Tucson has already changed their ordinance and it is attached. However, we understand that this might be brought up again to the Tucson Council in order to correct some drafting deficiencies. We believe we have addressed in our ordinance the issues causing the reconsideration at Tucson. This matter is set for action by the Town Council on August 16, 2000. ATTACHMENTS: 1) Ordinance with Exhibit "A" attached 2) City of Tucson Ordinance 3) New State Legislation FISCAL IMPACT: Minimal. The town has to post signs around all park boundaries outlining the state policy in order to enforce this violation. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Ordinance (0) 00 - in order to be in compliance with State Law. Or I move that we deny Ordinance (0) 00- i __;d: _Ablima I / .r 7 j Sign, r�• • I Depart a •nt Head ,oA i ' _ own Manager's Review EXHIBIT 1 ORDINANCE NO. (0) 00- AN ORDINANCE OF THE TOWN OF ORO VALLEY AUTHORIZING THE CREATION OF SECTION 10-1-21 OFTHE TOWN CODE OF THE TOWN OF ORO VALLEY DEALING WITH WEAPONS IN PARKS AND PUBLIC BUILDING AND INCORPORATING SUCH BY REFERENCE; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF WHEREAS, the availability of weapons in public places where people congregate is of great concern to the Town Council, the town citizens of Oro Valley and the general public; and WHEREAS, the Arizona Legislature has determined this is a matter best addressed statewide; and WHEREAS, the Arizona legislature has adopted A.R.S. 13-3108 and 28-3112, which supersedes the Town policies and regulations and mandates that firearms are allowed in park areas as long as the person has a valid concealed weapons permit; NOW THEREFORE, The Mayor and Council of the Town of Oro Valley hereby ordain as follows: Section 1 - The attached document listed as Exhibit "A" is adopted in its entirety. Section 2 - Any person found guilty of violating any provision of this Ordinance shall be guilty of a class one misdemeanor, unless otherwise set forth in the ordinance. Section 3 - Any and all ordinances, provisions of the Town Code, or otherwise in conflict with the provisions of this ordinance are hereby repealed. Section 4 -If any subsection, section, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Passed and adopted by the Mayor and Council of the Town of Oro Valleythis this day of , 2000. Mayor Paul H. Loomis ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney EXHIBIT "A" Section 10-1-21 Prohibition of Weapons in Parks and other Public Locations A) It shall be unlawful for any person to carry or otherwise possess any deadly weapon (as defined in the Arizona Revised Statutes, town statutes, and below), anywhere within a public park within the Oro Valley Town limits. Deadly Weapons includes, but is not limited to: firearms, air rifles, spring bows, bows and arrows, shurikens, throwing stars, slings, knives with blades over 2", or any other form of weapon(s) potentially injurious to either wildlife or to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. As an exception to the above, "Firearms" as defined in the Arizona Revised Statutes will not be allowed in a park unless the person possesses a currently valid concealed weapons permit issued pursuant to Arizona Revised Statute 13-3112. Any person carrying a firearm with a valid concealed weapon permit may carry such weapon either openly or concealed on their person while within the park. Such a permit mentioned above must be produced immediately upon demand by any peace officer or any authorized park personnel or Town employee. In order for this ordinance to be effective, notices must have been posted at such park which shall state `Carrying a firearm in this park or in any developed or improved area thereof is limited to persons who possess a permit issued pursuant to Arizona Revised Statute 13-3112." Lack of attention to such signs or damage to or missing signs shall not constitute a defense to the charge. Such notices shall be conspicuously posted at all public entrances and at intervals of 1/4 mile or less where the park has an open perimeter. B) Penalty - Any violation of this ordinance for carrying an openly displayed or concealed firearm within a park without currently possessing a concealed weapon permit shall be a Class Two (2) misdemeanor punishable by up to four months in jail, a fine not to exceed $750, and up to two years of supervised probation, all specified pursuant to Arizona Revised Statutes. C) Penalty - Any violation of carrying any deadly weapon within the park grounds, except as specified elsewhere, shall be a Class One misdemeanor punishable by a fine of up to $2500, six months jail and three years of probation. D) It shall be unlawful for any person to carry or otherwise possess any deadly weapon as defined above or in the Arizona State Statutes anywhere within any Town of Oro Valley public building unless specifically authorized by law pursuant to Arizona Revised Statute 13-3102 Subsection (C); or if such a person is an Oro Valley Town employee or personnel, and such an item is normally used as a tool within the normal scope of their duties. All persons shall remove their weapon(s) and place it/them in the custody of the operator of the establishment or sponsor of the event immediately upon entering. Failure to do so shall be punishable as a Class One (1) misdemeanor unless the state statutes designate such action as a more serious offense, in which case the more serious designation shall be in effect. E) Should the Arizona Legislature pass any law or legislation, and such law or legislation is upheld by any court of competent jurisdiction which invalidates any or all of the provisions of this Ordinance, the state law shall supercede any provision of this ordinance and any such provision or provisions in this ordinance in conflict with State law shall be null and void. EXHIBIT 2 ADOPTED BY THE MAYOR AND COUNCIL ORDINANCE NO. RELATING TO PARKS AND RECREATION; REGULATING FIREARMS IN PARKS; REQUIRING POSSESSION OF A CONCEALED WEAPONS PERMIT; EXEMPTING THE LEGAL POSSESSION OF A FIREARM IN A VEHICLE; CLASSIFYING VIOLATION AS A CLASS TWO MISDEMEANOR; REQUIRING MANDATORY MINIMUM FINE; BY AMENDING CHAPTER 21, ARTICLE 1, SECTION 21-3(5)(2)AND ADDING SECTION 21-7(c). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. The Tucson Code, Chapter 21, Article 1, is hereby amended by amending Section 21-3(5)(2) and adding Section 21-7(c) to read as follows: Sec. 21-3(5). Relating to recreation. No person in a park shall: * * * (2) Hunting andf rearms. Hunt, trap, or pursue wildlife at any time; use carry or possess firearms of any description without possessing a concealed weapons permit issued pursuant to Arizona Revised Statutes Section 13-3112, or air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially injurious to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device; shoot from or into park areas. The limitation imposed upon possession of firearms shall not apply to a person legally transporting, carrying, storing or possessing a firearm in a vehicle, Sec. 21-7. Penalties (a) Any person violating any provision of this article or the rules and regulations relating to parks established by the director and filed with the city clerk, shall be guilty of a class one misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding two thousand five hundred dollars($2500), by imprisonment for not more than six(6)months, by not more than three years probation or by any combination thereof. In addition, a person convicted of a violation of section 21-3(3)(3), 21-3(3)(4) or 21-8 shall be punished by a fine of not less than ten dollars ($10.00); and no judge may suspend the imposition of this minimum fine. (c) Notwithstanding the provisions of subsection 21-7(a),possession of a firearm in violation of section 21-3(5)(2) shall constitute a class two misdemeanor and shall be punishable by a fine of not less than three hundred dollars ($300.00) and not exceeding seven hundred fifty dollars($750.00),by imprisonment of not more than four (4)months,by not more than two (2)years probation or by any combination thereof. No judge may suspend the imposition of the minimum fine prescribed herein. SECTION 2. The various City officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstances, is declared invalid, that invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. SECTION 4_ WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this ordinance become immediately effective, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. 2 PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Tucson, Arizona . MAYOR ATTEST: CITY CLERK APPROVED BY: REVIEWED BY: CITY ATTORNEY CITY MANAGER TJBfLB/kg Weapons2final.doc/f:/safe/LB/6-19-00 3 TOTAL P.07 EXHIBIT 3 Conference Engrossed State of Arizona House of Representatives Forty-fourth Legislature Second Regular Session 2000 HOUSE BILL 2095 AN ACT AMENDING SECTIONS 13-3102, 13--3108 AND 15-341 , ARIZONA REVISED STATUTES; RELATING TO FIREARMS. (TEXT OF BILL BEGINS ON NEXT PAGE) 1 - i H.B. 2095 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1 . Section 13-3102, Arizona Revised Statutes , is amended to 3 read: 4 13 -31.02. Misconduct involving weapons; defenses; 5 classification; definitions 6 A. A person commits misconduct involving weapons by knowingly: 7 1 . Carrying a deadly weapon without a permit pursuant to section 8 13-3112 except a pocket knife concealed on his person; or 9 2. Carrying a deadly weapon without a permit pursuant to section 10 13-3112 concealed within immediate control of any person in or on a means of 11 transportation; or 12 3. Manufacturing, possessing, transporting, selling or transferring a 13 prohibited weapon; or 14 4. Possessing a deadly weapon if such person is a prohibited 15 possessor; or 16 5. Selling or transferring a deadly weapon to a prohibited possessor; 17 or 18 6. Defacing a deadly weapon; or 19 7. Possessing a defaced deadly weapon knowing the deadly weapon was 20 defaced; or 21 8. Using or possessing a deadly weapon during the commission of any 22 felony offense included in chapter 34 of this title; or 23 9. Discharging a firearm at an occupied structure in order to assist, 24 promote or further the interests of a criminal street gang, a criminal 25 syndicate or a racketeering enterprise; or 26 10. Unless specifically authorized by law, entering any public 27 establishment or attending any public event and carrying a deadly weapon on 28 his person after a reasonable request by the operator of the establishment or 29 the sponsor of the event or the sponsor's agent to remove his weapon and 30 place it in the custody of the operator of the establishment or the sponsor 31 of the event; or 32 11. Unless specifically authorized by law, entering an election polling 33 place on the day of any election carrying a deadly weapon; or 34 12. Possessing a deadly weapon on school grounds; or 35 13. Unless specifically authorized by law, entering a commercial 36 nuclear generating station carrying a deadly weapon on his person or within 37 the immediate control of any person; or 38 14. Supplying, selling or giving possession or control of a firearm to 39 another person if the person knows or has reason to know that the other 40 person would use the firearm in the commission of any felony. 41 B. Subsection A, paragraph 1 of this section shall not apply to a 42 person in his dwelling, on his business premises or on real property owned or 43 leased by that person. - 1 - H.B. 2095 1 C. Subsection A, paragraphs 1 , 2, 3, 7 , 10, 11 , 12 and 13 of this 2 section shall not apply to: 3 1. A peace officer or any person summoned by any peace officer to 4 assist and while actually assisting in the performance of official duties; or 5 2. A member of the military forces of the United States or of any 6 state of the United States in the performance of official duties ; or 7 3. A warden, deputy warden or correctional officer of the state 8 department of corrections ; or 9 4. A person specifically licensed, authorized or permitted pursuant to 10 a statute of this state or of the United States. 11 D. Subsection A, paragraphs 3 and 7 of this section shall not apply 12 to: 13 1 . The possessing, transporting, selling or transferring of weapons by 14 a museum as a part of its collection or an educational institution for 15 educational purposes or by an authorized employee of such museum or 16 institution, if: 17 (a) Such museum or institution is operated by the United States or 18 this state or a political subdivision of this state, or by an organization 19 described in section 170(c) of title 26 of the United States Code as a 20 recipient of a charitable contribution; and 21 (b) Reasonable precautions are taken with respect to theft or misuse 22 of such material . 23 2. The regular and lawful transporting as merchandise; or 24 3. Acquisition by a person by operation of law such as by gift, devise 25 or descent or in a fiduciary capacity as a recipient of the property or 26 former property of an insolvent, incapacitated or deceased person. 27 E. Subsection A, paragraph 3 of this section shall not apply to the 28 merchandise of an authorized manufacturer of or dealer in prohibited weapons, 29 when such material is intended to be manufactured, possessed, transported, 30 sold or transferred solely for or to a dealer or a regularly constituted or 31 appointed state, county or municipal police department or police officer, or 32 a detention facility, or the military service of this or another state or the 33 United States , or a museum or educational institution or a person 34 specifically licensed or permitted pursuant to federal or state law. 35 F. Subsection A, paragraph 1 of this section shall not apply to a 36 weapon or weapons carried in a belt holster which holster is wholly or 37 partially visible, or carried in a scabbard or case designed for carrying 38 weapons which scabbard or case is wholly or partially visible or carried in 39 luggage. Subsection A, paragraph 2 of this section shall not apply to a 40 weapon or weapons carried in a case, holster, scabbard, pack or luggage which 41 is carried within a means of transportation or within a storage compartment, 42 trunk or glove compartment of a means of transportation. - 2 - H.B. 2095 1 G. Subsection A, paragraph 10 of this section shall not apply to 2 shooting ranges or shooting events , hunting areas or similar locations or 3 activities. 4 H. Subsection A, paragraph 3 of this section shall not apply to a 5 weapon described in section 13-3101 , paragraph 7, subdivision (e) , if such 6 weapon is possessed for the purposes of preparing for, conducting or 7 participating in lawful exhibitions, demonstrations, contests or athletic 8 events involving the use of such weapon. Subsection A, paragraph 12 of this 9 section shall not apply to a weapon if such weapon is possessed for the 10 purposes of preparing for, conducting or participating in hunter or firearm 11 safety courses. 12 I . Subsection A, paragraph 12 of this section shall not apply to the 13 possession of a : 14 1. Firearm which is not loaded and which is carried within a means of 15 transportation under the control of an adult provided that if the adult 16 leaves the means of transportation the firearm shall not be visible from the 17 outside of the means of transportation and the means of transportation shall 18 be locked. 19 2. Firearm for use on the school grounds in a program approved by a 20 school . 21 J . Misconduct involving weapons under subsection A, paragraph 9 or 14 22 of this section is a class 3 felony. Misconduct involving weapons under 23 subsection A, paragraph 3, 4 or 8 of this section is a class 4 24 felony. Misconduct involving weapons under subsection A, paragraph 12 of 25 this section is a class 1 misdemeanor unless the violation occurs in 26 connection with conduct which violates the provisions of section 13-2308, 27 subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or 28 section 13-3411 , in which case the offense is a class 6 felony. Misconduct 29 involving weapons under subsection A. paragraphs 5, 6 and 7 of this section 30 is a class 6 felony. Misconduct involving weapons under subsection A, 31 paragraphs 1 , 2, 10, 11 and 13 of this section is a class 1 misdemeanor. 32 K. For purposes of this section: 33 1 . "PUBLIC ESTABLISHMENT" MEANS A STRUCTURE, VEHICLE OR CRAFT THAT IS 34 OWNED, LEASED OR OPERATED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS 35 STATE. 36 2. "PUBLIC EVENT" MEANS A SPECIFICALLY NAMED OR SPONSORED EVENT OF 37 LIMITED DURATION EITHER CONDUCTED BY A PUBLIC ENTITY OR CONDUCTED BY A 38 PRIVATE ENTITY WITH A PERMIT OR LICENSE GRANTED BY A PUBLIC ENTITY. PUBLIC 39 EVENT DOES NOT INCLUDE AN UNSPONSORED GATHERING OF PEOPLE IN A PUBLIC PLACE. 40 4 3. "School " means a public or nonpublic kindergarten program, 41 common school or high school . 42 -2 4. "School grounds" means in, or on the grounds of, a school ." - 3 - H.B. 2095 1 Sec. 2. Section 13-3108, Arizona Revised Statutes, is amended to read: 2 13-3108. Firearms s regulated by state; state preemption; 3 violation; classification 4 A. Q-4 -?:}a-i-e-e.; 7tf EXCEPT AS PROVIDED IN SUBSECTION C OF THIS 5 SECTION, A political subdivision of this state SHALL NOT ENACT ANY ORDINANCE, 6 RULE OR TAX relating to the transportation , possession, carrying, sale OR 7 use of firearms OR AMMUNITION OR ANY FIREARM OR AMMUNITION COMPONENTS in this 8 state -;-r_a_,__;..__4=}.A 9 B. A political subdivision of this state shall not require the 10 licensing or registration of firearms OR AMMUNITION OR ANY FIREARM OR 11 AMMUNITION COMPONENTS or prohibit the ownership, purchase, sale or transfer 12 of firearms OR AMMUNITION OR ANY FIREARM OR AMMUNITION COMPONENTS. 13 C. THIS SECTION DOES NOT PROHIBIT A POLITICAL SUBDIVISION OF THIS 14 STATE FROM ENACTING AND ENFORCING ANY ORDINANCE OR RULE PURSUANT TO STATE 15 LAW, TO IMPLEMENT OR ENFORCE STATE LAW OR RELATING TO ANY OF THE FOLLOWING: 16 1. IMPOSING ANY PRIVILEGE OR USE TAX ON THE RETAIL SALE, LEASE OR 17 RENTAL OF, OR THE GROSS PROCEEDS OR GROSS INCOME FROM THE SALE, LEASE OR 18 RENTAL OF, FIREARMS OR AMMUNITION OR ANY FIREARM OR AMMUNITION COMPONENTS AT 19 A RATE THAT APPLIES GENERALLY TO OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY. 20 2. PROHIBITING A MINOR WHO IS UNACCOMPANIED BY A PARENT, GRANDPARENT 21 OR GUARDIAN OR A CERTIFIED HUNTER SAFETY INSTRUCTOR OR CERTIFIED FIREARMS 22 SAFETY INSTRUCTOR ACTING WITH THE CONSENT OF THE MINOR'S PARENT, GRANDPARENT 23 OR GUARDIAN FROM KNOWINGLY POSSESSING OR CARRYING ON THE MINOR'S PERSON, 24 WITHIN THE MINOR'S IMMEDIATE CONTROL OR IN OR ON A MEANS OF TRANSPORTATION A 25 FIREARM IN ANY PLACE THAT IS OPEN TO THE PUBLIC OR ON ANY STREET OR HIGHWAY 26 OR ON ANY PRIVATE PROPERTY EXCEPT PRIVATE PROPERTY THAT IS OWNED OR LEASED BY 27 THE MINOR OR THE MINOR'S PARENT, GRANDPARENT OR GUARDIAN. ANY ORDINANCE OR 28 RULE THAT IS ADOPTED PURSUANT TO THIS PARAGRAPH SHALL NOT APPLY TO A MINOR 29 WHO IS FOURTEEN , FIFTEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE AND WHO IS 30 ENGAGED IN ANY OF THE FOLLOWING: 31 (a) LAWFUL HUNTING OR SHOOTING EVENTS OR MARKSMANSHIP PRACTICE AT 32 ESTABLISHED RANGES OR OTHER AREAS WHERE THE DISCHARGE OF A FIREARM IS NOT 33 PROHIBITED. 34 (b) LAWFUL TRANSPORTATION OF AN UNLOADED FIREARM FOR THE PURPOSE OF 35 LAWFUL HUNTING. 36 (c) LAWFUL TRANSPORTATION OF AN UNLOADED FIREARM BETWEEN THE HOURS OF 37 5:00 A.M. AND 10:00 P.M. FOR THE PURPOSE OF SHOOTING EVENTS OR MARKSMANSHIP 38 PRACTICE AT ESTABLISHED RANGES OR OTHER AREAS WHERE THE DISCHARGE OF A 39 FIREARM IS NOT PROHIBITED. 40 (d) ANY ACTIVITY THAT IS RELATED TO THE PRODUCTION OF CROPS, 41 LIVESTOCK, POULTRY , LIVESTOCK PRODUCTS, POULTRY PRODUCTS OR RATITES OR 42 STORAGE OF AGRICULTURAL COMMODITIES. - 4 - H.B. 2095 1 3. THE USE OF LAND AND STRUCTURES, INCLUDING A BUSINESS RELATING TO 2 FIREARMS OR AMMUNITION OR THEIR COMPONENTS OR A SHOOTING RANGE IN THE SAME 3 MANNER AS OTHER COMMERCIAL BUSINESSES. 4 4. REGULATING EMPLOYEES OR INDEPENDENT CONTRACTORS OF THE POLITICAL 5 SUBDIVISION WHO ARE ACTING WITHIN THE COURSE AND SCOPE OF THEIR EMPLOYMENT OR 6 CONTRACT. 7 5. LIMITING FIREARMS POSSESSION IN PARKS OR PRESERVES OF ONE SQUARE 8 MILE OR LESS TN AREA TO PERSONS WHO POSSESS A CONCEALED WEAPONS PERMIT ISSUED 9 PURSUANT TO SECTION 13-3112. THE POLITICAL SUBDIVISION SHALL. POST REASONABLE 10 NOTICE AT EACH PARK OR PRESERVE. THE NOTICE SHALL STATE THE FOLLOWING: 11 "CARRYING A FIREARM IN THIS PARK IS LIMITED TO PERSONS WHO POSSESS A PERMIT 12 ISSUED PURSUANT TO SECTION 13-3112." IN PARKS OR PRESERVES THAT ARE MORE 13 THAN ONE SQUARE MILE IN AREA, A POLITICAL SUBDIVISION MAY DESIGNATE DEVELOPED 14 OR IMPROVED AREAS IN WHICH THE POLITICAL SUBDIVISION MAY LIMIT FIREARMS 15 POSSESSION TO PERSONS WHO POSSESS A CONCEALED WEAPONS PERMIT ISSUED PURSUANT 16 TO SECTION 13-3112. THE POLITICAL SUBDIVISION SHALL POST REASONABLE NOTICE 17 AT EACH DESIGNATED DEVELOPED OR IMPROVED AREA. THE NOTICE SHALL STATE THE 18 FOLLOWING: "CARRYING A FIREARM IN THIS DEVELOPED OR IMPROVED AREA IS LIMITED 19 TO PERSONS WITH A PERMIT ISSUED PURSUANT TO SECTION 13 -3112." FOR THE 20 PURPOSES OF THIS PARAGRAPH, "DEVELOPED OR IMPROVED AREA" MEANS AN AREA OF 21 PROPERTY DEVELOPED FOR PUBLIC RECREATION OR FAMILY ACTIVITY, INCLUDING PICNIC 22 AREAS, CONCESSIONS, PLAYGROUNDS, AMPHITHEATERS, RACQUET COURTS, SWIMMING 23 AREAS, GOLF COURSES, ZOOS, HORSEBACK RIDING FACILITIES AND BOAT LANDING AND 24 DOCKING FACILITIES. DEVELOPED OR IMPROVED AREA DOES NOT INCLUDE CAMPGROUNDS. 25 TRAILS, PATHS OR ROADWAYS EXCEPT TRAILS, PATHS AND ROADWAYS DIRECTLY 26 ASSOCIATED WITH AND ADJACENT TO DESIGNATED DEVELOPED OR IMPROVED AREAS. ANY 27 NOTICE THAT IS REQUIRED BY THIS PARAGRAPH SHALL. BE CONSPICUOUSLY POSTED AT 28 ALL PUBLIC ENTRANCES AND AT INTERVALS OF ONE-FOURTH MILE OR LESS WHERE THE 29 PARK, PRESERVE OR DEVELOPED OR IMPROVED AREA HAS AN OPEN PERIMETER. ANY 30 LIMITATION IMPOSED BY A POLITICAL SUBDIVISION PURSUANT TO THIS PARAGRAPH 31 SHALL NOT APPLY TO A PERSON: 32 (a) ENGAGED IN A PERMIT ED FIREARMS OR HUNTERS SAFETY COURSE CONDUCTED 33 IN A PARK BY A CERTIFIED HUNTER SAFETY INSTRUCTOR OR CERTIFIED FIREARMS 34 SAFETY INSTRUCTOR. 35 (b) AT A PROPERLY SUPERVISED RANGE, AS DEFINED IN SECTION 13-3107 , A 36 PERMITTED SHOOTING EVENT, A PERMITTED FIREARMS SHOW OR IN A PERMITTED HUNTING 37 AREA. 38 (c) LEGALLY TRANSPORTING, CARRYING, STORING OR POSSESSING A FIREARM IN 39 A VEHICLE. 40 (d) GOING DIRECTLY TO OR FROM AN AREA WHERE THE PERSON IS LAWFULLY 41 ENGAGED IN HUNTING. MARKSMANSHIP PRACTICE OR RECREATIONAL. SHOOTING. 42 (e) TRAVERSING A TRAIL.HEAD AREA IN ORDER TO GAIN ACCESS TO AREAS WHERE 43 THE POSSESSION OF FIREARMS IS NOT LIMITED. - 5 - H.B. 2095 1 (f) USING TRAILS, PATHS OR ROADWAYS JO GO DIRECTLY TO OR FROM AN AREA 2 WHERE THE POSSESSION OF FIREARMS IS NOT LIMITED AND WHERE NO REASONABLE 3 ALTERNATE MEANS OF ACCESS IS AVAILABLE. 4 6. LIMITING OR PROHIBITING THE DISCHARGE OF FIREARMS IN PARKS AND 5 PRESERVES EXCEPT: 6 (a) AS ALLOWED PURSUANT TO CHAPTER 4 OF THIS TITLE. 7 (h) ON A PROPERLY SUPERVISED RANGE AS DEFINED TN SECTION 1.3-3107 . 8 (c) TN AN AREA RECOMMENDED AS A HUNTING AREA BY THE ARIZONA GAME AND 9 FISH DEPARTMENT AND APPROVED AND POSTED AS REQUIRED BY THE POLITICA. 10 SUBDIVISION'S CHIEF LAW ENFORCEMENT OFFICER. ANY SUCH AREA MAY BE CLOSED 11 WHEN DEEMED UNSAFE BY THE POLITICAL SUBDIVISION'S CHIEF LAW ENFORCEMENT 12 OFFICER OR THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT. 13 (d) TO CONTROL NUISANCE WILDLIFE BY PERMIT FROM THE ARIZONA GAME AND 14 FISH DEPARTMENT OR THE UNITED STATES FISH AND WILDLIFE SERVICE. 15 (e) BY SPECIAL PERMIT OF THE CHIEF LAW ENFORCEMENT OFFICER OF THE 16 POLITICAL SUBDIVISION. 17 (f) AS REQUIRED BY AN ANIMAL CONTROL OFFICER IN PERFORMING DUTIES 18 SPECIFIED IN SECTION 9-499.04 AND TITLE 11 , CHAPTER 7 , ARTICLE 6. 19 (g) IN SELF DEFENSE OR DEFENSE OF ANOTHER PERSON AGAINST AN ANIMAL 20 ATTACK IF A REASONABLE PERSON WOULD BELIEVE THAT DEADLY PHYSICAL FORCE 21 AGAINST THE ANIMAL IS IMMEDIATELY NECESSARY AND REASONABLE UNDER THE 22 CIRCUMSTANCES TO PROTECT ONESELF OR THE OTHER PERSON. 23 D. A VIOLATION OF ANY ORDINANCE ESTABLISHED PURSUANT TO SUBSECTION C, 24 PARAGRAPH 6 OF THIS SECTION IS A CLASS 2 MISDEMEANOR UNLESS THE POLITICAL 25 SUBDIVISION DESIGNATES A LESSER CLASSIFICATION BY ORDINANCE. 26 Sec. 3. Section 15-341, Arizona Revised Statutes, is amended to read: 27 15-341 . General powers and duties: immunity; delegation 28 A. The governing board shall : 29 1 . Prescribe and enforce policies and procedures for the governance of 30 the schools , not inconsistent with law or rules prescribed by the state board 31 of education. 32 2. Maintain the schools established by it for the attendance of each 33 pupil for a period of not less than one hundred seventy-five school days or 34 two hundred school days, as applicable, or its equivalent as approved by the 35 superintendent of public instruction for a school district operating on a 36 year-round operation basis , to offer an educational program on the basis of a 37 four day school week or to offer an alternative kindergarten program on the 38 basis of a three day school week, in each school year, and if the funds of 39 the district are sufficient, for a longer period, and as far as practicable 40 with equal rights and privileges. 41 3. Exclude from schools all books , publications, papers or audiovisual 42 materials of a sectarian, partisan or denominational character. 43 4. Manage and control the school property within its district. - 6 - H.B. 2095 1 5. Acquire school furniture, apparatus, equipment, library books and 2 supplies for the use of the schools . 3 6. Prescribe the curricula and criteria for the promotion and 4 graduation of pupils as provided in sections 15-701 and 15-701 .01 . 5 7. Furnish, repair and insure, at full insurable value, the school 6 property of the district. 7 8. Construct school buildings on approval by a vote of the district 8 electors. 9 9. Make in the name of the district conveyances of property belonging 10 to the district and sold by the board. 11 10. Purchase school sites when authorized by a vote of the district at 12 an election conducted as nearly as practicable in the same manner as the 13 election provided in section 15-481 and held on a date prescribed in section 14 15-491 , subsection E, but such authorization shall not necessarily specify 15 the site to be purchased and such authorization shall not be necessary to 16 exchange unimproved property as provided in section 15-342, paragraph 23. 17 11 . Construct, improve and furnish buildings used for school purposes 18 when such buildings or premises are leased from the national park service. 19 12. Purchase school sites or construct, improve and furnish school 20 buildings from the proceeds of the sale of school property only on approval 21 by a vote of the district electors. 22 13. Hold pupils to strict account for disorderly conduct on school 23 property. 24 14. Discipline students for disorderly conduct on the way to and from 25 school . 26 15. Except as provided in section 15-1224, deposit all monies received 27 by the district as gifts, grants and devises with the county treasurer who 28 shall credit the deposits as designated in the uniform system of financial 29 records . If not inconsistent with the terms of the gifts, grants and devises 30 given , any balance remaining after expenditures for the intended purpose of 31 the monies have been made shall be used for reduction of school district 32 taxes for the budget year, except that in the case of accommodation schools 33 the county treasurer shall carry the balance forward for use by the county 34 school superintendent for accommodation schools for the budget year. 35 16. Provide that, if a parent or legal guardian chooses not to accept a 36 decision of the teacher as provided in section 15-521, paragraph 3, the 37 parent or legal guardian may request in writing that the governing board 38 review the teacher's decision. Nothing in this paragraph shall be construed 39 to release school districts from any liability relating to a child's 40 promotion or retention. 41 17. Provide for adequate supervision over pupils in instructional and 42 noni nstructi onal activities by certificated or noncerti fi cated personnel . 7 H.B. 2095 1 18. Use school monies received from the state and county school 2 apportionment exclusively for payment of salaries of teachers and other 3 employees and contingent expenses of the district. 4 19. Make an annual report to the county school superintendent on or 5 before October 1 each year in the manner and form and on the blanks 6 prescribed by the superintendent of public instruction or county school 7 superintendent. The board shall also make reports directly to the county 8 school superintendent or the superintendent of public instruction whenever 9 required. 10 20. Deposit all monies received by school districts other than student 11 activities monies or monies from auxiliary operations as provided in sections 12 15-1125 and 15-1126 with the county treasurer to the credit of the school 13 district except as provided in paragraph 21 of this subsection and sections 14 15-1223 and 15-1224, and the board shall expend the monies as provided by law 15 for other school funds. 16 21 . Establish a bank account in which the board may during a month 17 deposit miscellaneous monies received directly by the district. The board 18 shall remit monies deposited in the bank account at least monthly to the 19 county treasurer for deposit as provided in paragraph 20 of this subsection 20 and in accordance with the uniform system of financial records . 21 22. Employ an attorney admitted to practice in this state whose 22 principal practice is in the area of commercial real estate, or a real estate 23 broker who is licensed by this state and who is employed by a reputable 24 commercial real estate company, to negotiate a lease of five or more years 25 for the school district if the governing board decides to enter into a lease 26 of five or more years as lessor of school buildings or grounds as provided in 27 section 15-342, paragraph 7 or 10. Any lease of five or more years negotiated 28 pursuant to this paragraph shall provide that the lessee is responsible for 29 payment of property taxes pursuant to the requirements of section 42-11104. 30 23. Prescribe and enforce policies and procedures for disciplinary 31 action against a teacher who engages in conduct which is a violation of the 32 policies of the governing board but which is not cause for dismissal of the 33 teacher or for revocation of the certificate of the teacher. Disciplinary 34 action may include suspension without pay for a period of time not to exceed 35 ten school days . Disciplinary action shall not include suspension with pay 36 or suspension without pay for a period of time longer than ten school 37 days. The procedures shall include notice, hearing and appeal provisions for 38 violations which are cause for disciplinary action. The governing board may 39 designate a person or persons to act on behalf of the board on these matters. 40 24. Prescribe and enforce policies and procedures for disciplinary 41 action against an administrator who engages in conduct which is a violation 42 of the policies of the governing board regarding duties of administrators but 43 which is not cause for dismissal of the administrator or for revocation of 44 the certificate of the administrator. Disciplinary action may include - 8 - H.B. 2095 1 suspension without pay for a period of time not to exceed ten school 2 days . Disciplinary action shall not include suspension with pay or 3 suspension without pay for a period of time longer than ten school days. The 4 procedures shall include notice, hearing and appeal provisions for violations 5 which are cause for disciplinary action . The governing board may designate 6 a person or persons to act on behalf of the board on these matters . For 7 violations which are cause for dismissal , the provisions of notice, hearing 8 and appeal in chapter 5, article 3 of this title shall apply. The filing of 9 a timely request for a hearing suspends the imposition of a suspension 10 without pay or a dismissal pending completion of the hearing. 11 25. NOTWITHSTANDING SECTION 13-3108, prescribe and enforce policies and 12 procedures that prohibit a person from carrying or possessing a weapon on 13 school grounds unless the person is a peace officer or has obtained specific 14 authorization from the school administrator. 15 26. Prescribe and enforce policies and procedures relating to the 16 health and safety of all pupils participating in district sponsored practice 17 sessions, games or other interscholastic athletic activities, including the 18 provision of water. A school district and its employees are immune from 19 civil liability for the consequences of the good faith adoption and 20 implementation of policies and procedures pursuant to this paragraph. 21 27. Prescribe and enforce policies and procedures regarding the smoking ?_2 of tobacco within school buildings . The policies and procedures shall be 23 adopted in consultation with school district personnel and members of the 24 community and shall state whether smoking is prohibited in school 25 buildings . If smoking in school buildings is not prohibited, the policies 26 and procedures shall clearly state the conditions and circumstances under 27 which smoking is permitted, those areas in a school building which may be 28 designated as smoking areas and those areas in a school building which may 29 not be designated as smoking areas. 30 28. Establish an assessment, data gathering and reporting system as 31 prescribed in chapter 7 , article 3 of this title. 32 29. Provide special education programs and related services pursuant to 33 section 15-764, subsection A to all children with disabilities as defined in 34 section 15-761 . 35 30. Administer competency tests prescribed by the state board of 36 education for the graduation of pupils from high school . 37 31 . Secure insurance coverage for all construction projects for 38 purposes of general liability, property damage and workers ' compensation and 39 secure performance and payment bonds for all construction projects . 40 B. Notwithstanding subsection A, paragraphs 8, 10 and 12 of this 41 section, the county school superintendent may construct, improve and furnish 42 school buildings or purchase or sell school sites in the conduct of an 43 accommodation school . - 9 - H.B. 2095 1 C. If any school district acquires real or personal property, whether 2 by purchase, exchange, condemnation, gift or otherwise, the governing board 3 shall pay to the county treasurer any taxes on the property that were unpaid 4 as of the date of acquisition, including penalties and interest. The lien 5 for unpaid delinquent taxes , penalties and interest on property acquired by a 6 school district: 7 1 . Is not abated, extinguished , discharged or merged in the title to 8 the property. 9 2. Is enforceable in the same manner as other delinquent tax liens. 10 D. The governing board may not locate a school on property that is 11 less than one-fourth mile from agricultural land regulated pursuant to 12 section 3-365 , except that the owner of the agricultural land may agree to 13 comply with the buffer zone requirements of section 3-365. If the owner 14 agrees in writing to comply with the buffer zone requirements and records the 15 agreement in the office of the county recorder as a restrictive covenant 16 running with the title to the land, the school district may locate a school 17 within the affected buffer zone. The agreement may include any stipulations 18 regarding the school , including conditions for future expansion of the school 19 and changes in the operational status of the school that will result in a 20 breach of the agreement. 21 E. A school district's governing board members and its school council 22 members are immune from civil liability for the consequences of adoption and 23 implementation of policies and procedures pursuant to subsection A of this 24 section and section 15-342. This waiver does not apply if the school 25 district's governing board members or its school council members are guilty 26 of gross negligence or intentional misconduct. 27 F. A governing board may delegate in writing to a superintendent, 28 principal or head teacher the authority to prescribe procedures that are 29 consistent with the governing board's policies . 30 G. Notwithstanding any other provision of this title, a school 31 district governing board shall not take any action that would result in an 32 immediate reduction or a reduction within three years of pupil square footage 33 that would cause the school district to fall below the minimum adequate gross 34 square footage requirements prescribed in section 15-2011 , subsection C, 35 unless the governing board notifies the school facilities board established 36 by section 15-2001 of the proposed action and receives written approval from 37 the school facilities board to take the action. A reduction includes an 38 increase in administrative space that results in a reduction of pupil square 39 footage or sale of school sites or buildings , or both . The sale of equipment 40 that results in an immediate reduction or a reduction within three years that 41 falls below the equipment requirements prescribed in section 15-2011 , 42 subsection B is subject to commensurate withholding of school district 43 capital outlay revenue limit monies pursuant to the direction of the school 44 facilities board. Except as provided in section 15-342, paragraph 10, 10 - H.B. 2095 1 proceeds from the sale of school sites, buildings or other equipment shall be 2 deposited in the school plant fund as provided in section 15-1102. 3 H. Subsections C through F of this section apply to a county board of 4 supervisors and a county school superintendent when operating and 5 administering an accommodation school . 6 Sec. 4. Intent 7 It is the intent of the legislature to clarify existing law relating to 8 the state's preemption of firearms regulation in this state. Firearms 9 regulation is of statewide concern. Therefore, the legislature intends to 10 limit the ability of any political subdivision of this state to regulate 11 firearms and ammunition. This act applies to any ordinance enacted before or 12 after the effective date of this act. - 11 - + w TOWN OF ORO VALLEY COUNCIL COMMUNICATION STUDY SESSION: August 14, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Oro Valley Water Utility —Policy on Late Fees SUMMARY: The Utility's late fee of $5.00 was established when Chapter 15 of the Oro Valley Town Code was enacted in March 1996. Prior to April 2000, the Utility did not assess the late fee or "delinquent payment fee". This was partially due to the need for programming changes to the billing software. In February and March of this year, the following notice was printed on all customer bills, "Effective April 1, 2000 OVWU will begin assessing a $5.00 Delinquent Payment Fee to all accounts with a past due balance at the time of billing". During the past six months, the time between printing of bills ranged from 27 to 36 days with an average of 30 days. The purpose of the late fee is to encourage customers to pay their bills on time, thus avoiding service interruptions and additional charges when a delinquent account is turned off. The reduction in the number of delinquent notices mailed has been significant. The Utility historically sent out approximately 800 notices per month. Since assessing late fees, there have been approximately 500 mailed each month. Implementation of the fee has increased timely payments thereby reducing printing costs, postage and staff time incurred to mail delinquent notices. Delinquent notices are mailed to customers that have not made a payment within 45 days of the original billing date. The delinquent notice states that the past due payment must be received in the utility's office within 12 days to avoid service interruption. In addition, the customers are called a minimum of 2 days prior to turn off to remind them that their payment is due and must be paid in our office so that their water will not be turned off. For purposes of this study session, staff surveyed other water utilities in the Tucson area. Community Water of Green Valley and the Flowing Wells Water District have no late fee. Tucson Water does not have a "late fee", however, they charge the customer $30 when they hang a delinquent notice on the door and then another $30 fee if they have to turn off the water. Marana Water assesses a $5.00 late fee 1 day prior to billing. Bella Vista Water in Sierra Vista charges a $5.00 late fee at the time of billing. Avra Valley Water charges a $5.00 late fee 15 days after the initial billing and then an additional $2.00 fee if they have to mail out a delinquent notice. Metro Water District's late fee is 1.5% of the balance owed with a minimum of$2.00 and is charged at the time of billing. Attachment #2 is a list of other utilities that our customers normally pay and the late fee policy they implement. Revenue from late fees was not included in projected revenue for this fiscal year's budget. Should the Utility continue to assess $5.00 late fees in the same manner, it will generate approximately $113,000 over the course of the year which is roughly 1.6% of the total projected revenue. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: 1. Sample of water bill with a late fee. 2. List of Utilities describing individual late fee policies -1 Utility A dminis ator Water Utility Di ector Town Manager �P►„LcY gRlc' AMOUNT PAID &c:0�0 Oti9 ORO VALLEY WATER UTILITY BILLING DATE ACCOUNT NUMBER 4 �� 11000 N. La Canada Drive 44W � i 07-03-00 •• , ,,,. / ► Oro Valley, Arizona 85737 A . _ ;A (520) 229-5000 Fax (520) 229-5029 DUE DATE AMOUNT DUE OVNOED\9�a 07-24-00 27.81 PLEASE MAKE ADDRESS CORRECTIONS BELOW IIIlIIuIIIII'IuIIIIIlIuIuIIIIIII FINAL BILL DETACH AND MAIL ABOVE PORTION WITH PAYMENT. KEEP BOTTOM PORTION FOR YOUR RECORDS. T i Meter Readings Description Previous Present Usage Amount FINAL RD 27 30 ' 3000 • ?REV. BALANCE 15.00 {mater/Deposit 7 .42 Superfund 0.02 Tax 0.37 Late 5.00 Total Due 27.81 Current bill amount due by 7-24-00. CUSTOMER Payments received after 7-24-00 are subject to a $5.00 late fee. SERVICE ADDRESS ACCOUNT NUMBER BILLING DATE 07-05-00 METER NUMBER DUE DATE 54967035 07-24-00 BILLING PERIOD FROM 0 6-05-00 TO 06-16-00 = 11 DAYS ‘1 P 19 4%4 Ri1 otic ORO VALLEY WATER UTILITY �,►1c : 11000 N.La Canada Drive 442.4f2 -44 Oro Valley,Arizona 85737 520)229-5000 Fax(520)229-5029 O ►OEO 0�A •4 Utility Late Fee Policy Tucson Electric Power Co. No Automatically turn off any customer who is 2 months past due. Charge $35.00 for same day turn on. Next day turn on charged at $13.50. Southwest Gas Corp. Yes 1.5% of past due balance owed is charged at the time of billing. US West Communications Yes 1.5% charged on any previous balance over$15.00 at the time of billing. Comcast Cable Yes $5.00 charged 45 days after the original billing date. Pima County Wastewater No File for collection through courts. Takes 3-6 months for judgement to collect fees & court costs.