HomeMy WebLinkAbout130418PDate posted: ______ Page 1 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
REVISED 4/15/13
5:30 PM
NOTICE OF THE
REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 18, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum
of the Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: ______ Page 2 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Fred Widom –Founder of Congregation for the Temple Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by ARIZONA STATE REPRESENTATIVE MICHELE
UGENTI regarding matters relating to any new legislation that may impact Fountain
Hills and its citizens.
ii) PRESENTATION by DEPUTY TOWN MANAGER JULIE GHETTI regarding
the Town’s budget report for all funds for the third quarter ending March 31, 2013.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public”
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEM(S)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
March 21 and April 4, 2013.
REGULAR AGENDA ITEMS
2. CONSIDERATION of ACCEPTING two pieces of donated art titled, “Quiet Pursuit” and
“Infinity Ring” for public display in Fountain Park.
3. CONSIDERATION of RESOLUTION 2013-25, declaring the “Town of Fountain Hills
Encroachment Regulations, April 18, 2013” a public record pursuant to ARIZ. REV. STAT. § 9-
802.
Date posted: ______ Page 3 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
4. CONSIDERATION of ORDINANCE 13-02, adopting the public record entitled the “Town
of Fountain Hills Encroachment Regulations, April 18, 2013” by reference pursuant to ARIZ.
REV. STAT. § 9-802 and amending Chapter 16 of the Town Code, all relating to encroachment
permits.
5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF
THE FOUNTAINS IMPROVEMENT PROJECT.
6. CONSIDERATION of a DISTRIBUTION DESIGN AND CONSTRUCTION CONTRACT
with Salt River Project, for the Avenue of the Fountains Median Improvements in the amount
of $26,800.00, and authorize the Town Manager's signature.
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Ordinance 00-12
that increased the sales tax rate from 1.2% to 1.6% and designated .1% FOR DOWNTOWN
DEVELOPMENT.
8. CONSIDERATION of approving an EXTENSION OF TIME for the expiration date of the
Second Amended and Restated License Agreement with Coxcom, Inc. dated May 1, 2007 ,
from April 30, 2013, to July 31, 2013.
9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding RESOLUTION
2013-13, adopting the Town of Fountain Hills’ Fire Department Master Plan.
10. CONSIDERATION of approving an EXPENDITURE from the Vehicle Replacement Fund,
in the amount of $292,291.61 for vehicles and equipment, as scheduled in the Vehicle
Replacement Schedule.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
12. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIV ITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 11th day of April, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
Date posted: ______ Page 1 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
REVISED 4/15/13
5:30 PM
NOTICE OF THE
REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 18, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum
of the Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: ______ Page 2 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Fred Widom –Founder of Congregation for the Temple Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by ARIZONA STATE REPRESENTATIVE MICHELE
UGENTI regarding matters relating to any new legislation that may impact Fountain
Hills and its citizens.
ii) PRESENTATION by DEPUTY TOWN MANAGER JULIE GHETTI regarding
the Town’s budget report for all funds for the third quarter ending March 31, 2013.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public”
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEM(S)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
March 21 and April 4, 2013.
REGULAR AGENDA ITEMS
2. CONSIDERATION of ACCEPTING two pieces of donated art titled, “Quiet Pursuit” and
“Infinity Ring” for public display in Fountain Park.
3. CONSIDERATION of RESOLUTION 2013-25, declaring the “Town of Fountain Hills
Encroachment Regulations, April 18, 2013” a public record pursuant to ARIZ. REV. STAT. § 9-
802.
Date posted: ______ Page 3 of 3 Time posted___________AM/PM
Last printed: 4/16/2013 6:25 AM
4. CONSIDERATION of ORDINANCE 13-02, adopting the public record entitled the “Town
of Fountain Hills Encroachment Regulations, April 18, 2013” by reference pursuant to ARIZ.
REV. STAT. § 9-802 and amending Chapter 16 of the Town Code, all relating to encroachment
permits.
5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF
THE FOUNTAINS IMPROVEMENT PROJECT.
6. CONSIDERATION of a DISTRIBUTION DESIGN AND CONSTRUCTION CONTRACT
with Salt River Project, for the Avenue of the Fountains Median Improvements in the amount
of $26,800.00, and authorize the Town Manager's signature.
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Ordinance 00-12
that increased the sales tax rate from 1.2% to 1.6% and designated .1% FOR DOWNTOWN
DEVELOPMENT.
8. CONSIDERATION of approving an EXTENSION OF TIME for the expiration date of the
Second Amended and Restated License Agreement with Coxcom, Inc. dated May 1, 2007,
from April 30, 2013, to July 31, 2013.
9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding RESOLUTION
2013-13, adopting the Town of Fountain Hills’ Fire Department Master Plan.
10. CONSIDERATION of approving an EXPENDITURE from the Vehicle Replacement Fund,
in the amount of $292,291.61 for vehicles and equipment, as scheduled in the Vehicle
Replacement Schedule.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
12. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 11th day of April, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
QUARTERLY BUDGET REPORT
July 2012 through March 2013
APRIL, 2013
REVENUES
The General
Fund is the
Town’s main
operating fund
and is used to
fund general
government
operations
including
police and fire,
parks,
Community
Center; other
funds are
restricted for
specific
purpose
GENERAL FUND REVENUES BY SOURCE
Through March 31, 2013
Fountain
Hills local
sales tax
and State
shared
revenues
account for
92% of
General
Fund
operating
funds
GENERAL FUND REVENUE
Local and
State
sales tax
are at 96%
of nine
month
budget –
$345,558
under
projections
STATE SHARED REVENUES
SSR is
distributed
to cities/
towns
based on
population
Income
tax is
based on
two years
prior; VLT
is derived
from new
vehicle
licenses
TOTAL $5.8M
Retail
activity is
0.3% from
previous
year;
restaurant/
bar activity
is 14%
HIGHWAY USER REVENUE FUND
HURF
revenues are
derived from
gasoline
taxes and
distributed
based on
population of
Fountain
Hills;
revenues are
89% of
projections
EXPENDITURES
END OF YEAR
PROJECTION
Operating
revenues
are tracking
lower than
budget –
approximate
shortfall is
$600,000
*reflects only 8 months of actual data
FUND BALANCE
General Fund $5,590,833
HURF $481,557
Special Revenue Funds $241,109
Economic Dev/Downtown Fund $2,103,453
Public Art $1,454
Development Fees:
Law Enforcement $201,981
Fire & Emergency $42,242
Streets $120,724
Parks & Recreation $35,519
Open Space $1,650,178
Library/Museum $42,244
Debt Service $1,341,441
Capital Projects $9,328,932
Rainy Day Fund $1,345,200
Vehicle Replacement Fund $882,841
Total $23,409,708
Fiscal Quarter Fund Balances
31-Mar-13
Fund balance includes
Rainy Day Fund and
General Fund reserves
that are not available for
appropriation; other
funds are restricted for
specific purpose.
Funds are invested only
in government securities
according to the Town’s
adopted investment
policy
SUMMARY
•General Fund revenues are higher than last
fiscal year but slightly lower than budget
•General Fund expenditures will not exceed
revenues
•Pavement management remains a priority and
will be funded
•Next two months will provide better data for
year end prediction
INFINITY RING
by Charles Sherman
March 27, 2013
Honorable Mayor Kavanagh
Town Council Members
Town of Fountain Hills
Fountain Hills, AZ 85268
Dear Ladies & Gentlemen,
The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to
propose the acquisition of a bronze sculpture entitled “Infinity Ring” by artist Charles Sherman. It is
approximately 40” in diameter and 12” at its greatest width.
This piece has a gallery price of $3,900 but we have negotiated an acquisition price of $2,500
payable within a year after delivery.
The suggested location for the work is in the park at the Lake. This acquisition has been
approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural &
Civic Association.
A photo of this work has been sent to you in a separate email.
Very Truly Yours,
Sandi Thompson
Sandi Thompson
Chair, Public Art Committee
QUIET PURSUIT
by Mike Dwyer
March 27, 2013
Honorable Mayor Kavanagh
Town Council Members
Town of Fountain Hills
Fountain Hills, AZ 85268
Dear Ladies & Gentlemen,
The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to
propose the acquisition of a bronze sculpture entitled “Quiet Pursuit” by artist Mike Dwyer. It is
approximately 19” high and 26” long.
This piece has a gallery price of $5,400 but we have negotiated an acquisition price of $2,900.
It is being donated by local residents Dr. Michael and Jeanne McGonigle.
The suggested location for the work is in the park at the Lake near the coyote. This acquisition
has been approved by the Public Art Committee and the Board of Directors of the Fountain Hills
Cultural & Civic Association.
A photo of this work has been sent to you in a separate email.
Very Truly Yours,
Sandi Thompson
Sandi Thompson
Chair, Public Art Committee
1934508.2
RESOLUTION NO. 2013-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE “TOWN OF FOUNTAIN HILLS ENCROACHMENT REGULATIONS,
APRIL 18, 2013.”
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the “Town of Fountain Hills Encroachment
Regulations, April 18, 2013”, of which three copies are on file in the office of the Town Clerk
and open for public inspection during normal business hours, is hereby declared to be a public
record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, April 18, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1915479.4
TOWN OF FOUNTAIN HILLS
ENCROACHMENT REGULATIONS
April 18, 2013
1915479.4
Chapter 16
STREETS AND SIDEWALKS
Articles:
16-1 ENCROACHMENTS
1915479.4
1
Article 16-1
ENCROACHMENTS
Sections:
16-1-1 Definitions
16-1-2 Standards and Specifications
16-1-3 Permit Required
16-1-4 Exceptions to Permit Requirements
16-1-5 Application for Permit
16-1-6 Issuance of Permit
16-1-7 Traffic Control
16-1-8 Fees
16-1-9 Insurance; Holding Town Harmless
16-1-10 Term of Permit
16-1-11 Display
16-1-12 Supervision and Inspection of Work
16-1-13 Revocation of Permit
16-1-14 Manner of Giving Notice
16-1-15 Appeal
16-1-16 Emergency Work
16-1-17 Excavations and Newly Paved Streets
16-1-18 Backfill and Pavement Replacement Standards
16-1-19 Inspection
16-1-20 Compliance With Other Laws
16-1-21 Cost of Work
16-1-22 Article Not Applicable to Town Work
16-1-23 Liability of Town
Section 16-1-1 Definitions
In this chapter unless the context otherwise requires:
A. “ATSSA” means the American Traffic Safety Services Association.
B. “Encroach” or “encroachment” means going over, upon or under or using any right-of-
way or water course in such manner as to prevent, obstruct or interfere with its normal
use, including but not limited to the performance of any of the following acts:
1. Dig up, break, excavate, tunnel, undermine or in any manner break up or disturb
the surface of any right-of-way or water course.
2. Erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail,
wall, loading platform, pipe, conduit, wire or other structure on, over or under the
surface of any right-of-way or water course.
1915479.4
2
3. Place or leave any rubbish, brush, earth or other material of any nature
whatsoever in any right-of-way or water course.
4. Construct, place, maintain on, over or under any right-of-way or water course any
pipe, conduit, wire, cable or other fixture.
5. Move or caused to be moved over the surface of any right-of-way, or over any
bridge, viaduct or other structure maintained by the Town any vehicle or
combination of vehicles or other object of dimension or weight prohibited by law
or having other characteristics capable of damaging such right-of-way, bridge,
viaduct or other structure.
6. Lighting or building a fire in any right-of-way or water course.
7. Construct, place, plant or maintain any structure, embankment, excavation, tree or
other object adjacent to a right-of-way or water course which causes or will cause
an encroachment.
8. Apply paint or other marking materials to any pavement located in any right-of-
way.
C. “MCSO” means the Maricopa County Sheriff’s Office.
D. “MUTCD” means the Manual on Uniform Traffic Control Devices, most recent edition,
as published by the Federal Highway Administration.
E. “Permittee” means any person who proposes to do work or encroach upon a right-of-way
or water course as herein defined and who has been issued a permit for such
encroachment by the Town.
F. “Public street” means the full width of the right-of-way of any road, street, highway, lane
or pedestrian walkway used by or for the general public, whether or not the road, street,
highway, alley, lane or pedestrian right-of-way has been improved or accepted for
maintenance by the Town. “Public street” does not include streets and highways forming
part of the state highway system.
G. “Right-of-way” means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for, dedicated to or used by the general
public or the Town for street, highway, alley or pedestrian walkway purposes.
H. “Water course” means a channel for the carrying of storm water, including both natural
and artificial water courses which have been by deed, conveyance, agreement, easement,
dedication, usage or process of law dedicated to the Town or the general public for such
purposes.
1915479.4
3
I. “Urgent necessity” means damage to any pipe or conduit that poses an immediate threat
to life, property, or loss of utility service, the repair of which may not be postponed until
an encroachment permit is issued without injury to persons or substantial damage to
property.
Section 16-1-2 Standards and Specifications
The Town Engineer may establish such standards and specifications necessary for the proper
construction, use and maintenance of encroachments. Any work or use completed under a permit
issued under provisions of this article shall conform to such standards and specifications. In
instances where alteration or modification will be required, the Town Engineer may issue an
advisement letter or a directive pertaining to standards and specifications required for a particular
encroachment.
Section 16-1-3 Permit Required
A. It is unlawful to encroach upon any right-of-way or water course as defined in Section
16-1-1 without first obtaining authorization pursuant to this Article. Any contractor,
agency, utility, or any other person performing work within the right-of-way shall obtain
an Encroachment Permit from the Town’s Development Services Department prior to
entering the right-of-way. An Encroachment Permit will not be issued prior to approval
by the Town’s Development Services Department of the required Traffic Control Plan set
forth in subsection 16-1-7 below. The Traffic Control Plan shall be on-site and attached
to the permit whenever activities are taking place in the right-of-way, and shall be
produced upon request by Town staff or law enforcement.
B. Any construction or work undertaken prior to applying for and securing the required
permit shall be immediately terminated upon notification from the Town Engineer or his
designee. The work shall not resume until such permit is obtained.
Section 16-1-4 Exceptions to Permit Requirements
A. Mailboxes.
1. No permit is required for the placement of mailboxes in the right-of-way provided
such mailbox conforms to the requirements of this subsection.
2. All mailboxes shall be mounted not more than 36 inches above grade on a
pedestal or base measuring no more than 24 inches in width and 24 inches in
depth and shall otherwise meet the standards as authorized by the United States
Postal Service when installed in the Town right-of-way.
3. The owner of a mailbox installed pursuant to this subsection shall hold harmless
the Town from any and all losses of any kind or description that may result from
the mailbox being placed in the Town right-of-way.
1915479.4
4
4. The mailbox shall be placed so as not to present a hazard to persons lawfully
using the right-of-way. If, in the opinion of the Town Engineer, any such mailbox
is potentially harmful to any public utility or other public improvement located in
the right-of-way or constitutes a hazard to the public, the Town Engineer may
order its removal.
B. Landscaping.
1. No permit is required of any owner or tenant of a single family or two family
residential structure abutting any right-of-way, and any contractor employed by
such owner or tenant to conduct the following activities in that portion of the
right-of-way abutting the property and lying between the property line and the
curb or traveled portion of the right-of-way:
a. Plant shrubs, grass or other decorative plants.
b. Place decomposed granite or other, similar decorative rock materials.
c. Place decorative lighting.
d. Trench to a depth not exceeding 12 inches provided such trenching does
not involve cutting any curb, sidewalk or pavement.
2. All landscaping placed in the right-of-way pursuant to this subsection shall be
placed in such a manner as not to present a hazard to the public. If, in the opinion
of the Town Engineer, any such landscaping is potentially harmful to any public
utility or other public improvement located in the right-of-way or constitutes a
hazard to the public, the Town Engineer may order its removal.
C. No permit or fee is required in order to paint a house number on a curb.
D. No permit or fee under this article is required for work in any right-of-way in connection
with the construction or reconstruction or alteration of any single family or two family
residential structure, provided a building permit has been issued by the Town for such
construction, reconstruction or alteration and the work in the right-of-way does not
involve the cutting or construction of any curb, sidewalk or pavement.
E. No permit or fee is required for properly permitted participants of the Adopt-A-Street
program.
F. The placement of traffic control markings on pavements and curbs by the Town and the
marking of pavements, curbs and sidewalks by utility companies, engineers and
surveyors to indicate the location of underground utility lines and monuments in
connection with surveying, construction and maintenance work may be done without a
permit; however, all other pavement, curb and sidewalk markings require a permit unless
otherwise excepted by this article.
1915479.4
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G. No permit is required for a continuing use or maintenance of encroachments lawfully
installed by public utilities, for changes therein or thereto where such continuing use,
maintenance, changes or additions require no excavation of the right-of-way.
Section 16-1-5 Application for Permit
A. The Town Engineer shall prescribe and provide a regular form of application for use by
Applicants for permits required by this article. The application shall include such
information and details as the Town Engineer deems necessary to establish the exact
location, nature, dimensions, duration and purpose of the proposed encroachment. For
encroachments in the right-of-way, the applicant shall submit a traffic control plan in
accordance with Section 16-1-7 below.
B. When required by the Town Engineer, the application shall be accompanied by maps,
sketches, diagrams or similar exhibits. The accompanying materials shall be of the size
and in the quantity prescribed by the Town Engineer and of sufficient clarity to illustrate
the location, dimensions, nature and purpose of the proposed encroachment and its
relation to existing and proposed facilities in the right-of-way or water course.
C. The applicant shall enclose with, or attach to, the application the written order or consent
to any work thereunder which may be required by law to be obtained. A permit shall not
be issued until such order of consent is first obtained and evidence thereof is supplied to
the Town.
D. No changes shall be made in the location, dimensions, character or duration of the
encroachment as granted by the permit except upon written authorization of the Town
Engineer.
E. Before issuing an encroachment permit that will affect any water line trench or sewer line
trench, the Town Engineer may require the applicant to obtain the approval of the
Chaparral City Water Company and the Fountain Hills Sanitary District, respectively.
F. The applicant shall submit documentation with the application describing any potential
conflicts identified by Arizona Blue Stake to identify any potential conflicts.
G. The applicant shall submit the signed permit application, proof of liability insurance, two
copies of detailed drawings and traffic control plans, and a certificate of quantities
detailing and dimensioning the items being placed in the right-of-way.
H. A completion date will be indicated on the permit. The contractor shall notify the Town
Engineer 48 hours prior to start of construction. The permit may place restrictions on the
time of day that work can be performed.
1915479.4
6
Section 16-1-6 Issuance of Permit
A. Applications for encroachment permits may be approved, conditionally approved or
denied. When the Town Engineer finds that the application is in accordance with the
requirements of this article, he shall issue a permit for the encroachment, attaching such
conditions as are necessary for the health, safety and welfare of the public and for the
protection of the Town. If the Town Engineer finds the application is in conflict with the
provisions of this article, the permit shall be denied and the applicant given written
reason for the denial. No permit is valid unless signed by the Town Engineer or his
designee. Encroachment permits shall be issued only to the person making application
therefore and may not be assigned to another person by the permittee. If any permittee
assigns his permit to another, the permit shall be void. The contractor directly
responsible for the trench backfill and pavement replacement shall obtain and sign for the
permit. General contractors may not apply for permits on behalf of subcontractors.
B. A permit to work in the right-of-way is not authorization to remove pavement, unless the
street cut is specified in the permit. Street cuts made without prior approval are subject to
having the entire street overlaid to a length specified by the Town Engineer at the
contractor’s expense.
Section 16-1-7 Traffic Control
A. Traffic Control Plans. A Traffic Control Plan shall be submitted with each Encroachment
Permit application for any activities in the Town’s right-of-way. The level of detail of
such plan shall be determined by the work being performed and proximity to traffic. The
Traffic Control Plan must be computer generated and designed and drawn by a person
that is currently certified as a Traffic Control Supervisor by the ATSSA and shall be
submitted at least three business days prior to the start of work. Traffic Control Plans
shall be submitted directly to the Town, using the established procedure, by the
individual or company providing the temporary traffic control services.
B. Certified Persons. Placement of temporary traffic control devices within the right-of-way
shall be completed under the direct, on-site supervision of a person who is currently
certified as a Traffic Control Technician by the ATSSA. The Technician shall carry
ATSSA-issued proof of certification on his/her person at all times when working within
the right-of-way, and shall produce the certification, as well as state-issued photo
identification, upon request by Town staff or law enforcement.
C. Temporary Signing. All temporary signing in place due to the requirements of a Traffic
Control Plan shall be a minimum of ASTM Type IV sheeting, a minimum of 36” x 36”
(for Warning Series signs), and shall be mounted on spring type stands. All temporary
speed limit reducing signs within the right-of-way of Shea Boulevard, Fountain Hills
Boulevard, Palisades Boulevard and Saguaro Boulevard shall be a minimum of 36” x
48”. All signing for projects considered to be Long-Term Stationary in nature by the
MUTCD shall be post mounted.
1915479.4
7
D. Flaggers. Any civilian flagger working within the Town’s right-of-way shall hold current
certification as a flagger by the ATSSA, or a pre-approved (by the Town) equivalent, and
shall carry proof of certification at all times when working within the right-of-way.
Certified flaggers may be required to provide proof of certification to the Town prior to
working within the Town’s right-of-way. Off-duty P.O.S.T. certified law enforcement
officers may be used in lieu of certified flaggers. Civilian flaggers shall not be permitted
to control traffic at an intersection at any time; intersection traffic control shall only be
conducted by MCSO Deputies.
E. Street Closures. Requests for street closures (excluding special events as determined by
the Town) shall be made a minimum of 30 days prior to the date needed. Requests shall
be made in writing and shall include a Traffic Control Plan that meets the requirements of
the MUTCD and the Town Engineer. Requests will be reviewed and approved based
upon need and potential life/safety issues. If a road closure request is granted, the
contractor / Applicant will be held to the dates requested and approved by the Town.
Should the contractor not complete its work in the agreed-upon time limits, a $1,500.00
per day fine may be levied for each day the work is not completed and temporary signing
remains within the right-of-way, which fine shall be separate from any penalties for
violations of this Article. The contractor may be directed on the last day of authorized
work to begin work to open the road. The Town reserves the option of taking the
necessary steps to open the road should the need arise.
F. Off-Duty Law Enforcement Officer. An uniformed law enforcement officer shall be
present as required as a part of an approved traffic control plan or as directed by the
Town Engineer or designee. Only MCSO deputies regularly assigned to the Town of
Fountain Hills District Seven shall be permitted to be utilized within the Town of
Fountain Hills. If a Town of Fountain Hills District Seven MCSO Deputy is not
available, only the Town Engineer or designee may authorize the use of a post-certified
peace officer from another jurisdiction.
Section 16-1-8 Fees
A. Permit and inspection fees, in such amounts as approved by the Council by resolution or
as part of the Town’s annual budget, shall be charged and paid to the Town for each
encroachment permit.
B. If any construction or work is undertaken prior to applying for and securing the required
permit and paying the appropriate fees therefor, the work shall be terminated until a
permit is granted, and the fee shall be increased to one and one-half times the fees listed
in the fee schedule adopted by the Council by resolution or as part of the Town’s annual
budget.
C. Permit fees must be paid before the permit can be issued.
1915479.4
8
Section 16-1-9 Insurance; Holding Town Harmless
A. The permittee shall be responsible for all liability imposed by law for personal injury or
property damage arising out of or related to work performed by the permittee under the
permit, or arising out of the failure on the permittee’s part to perform his work under the
permit. If any claim of such liability is made against the Town, its officers or employees,
permittee shall defend, indemnify and hold them harmless from such claim, including
claims alleging the negligence of the Town, its officers and employees.
B. No applicant shall be entitled to an encroachment permit unless he shall have filed and
maintained on file with the Town a certificate certifying that he or his company or
business firm carries public liability and property damage insurance issued by an
insurance carrier authorized to do business in the state, insuring the applicant and the
Town and its agents, against loss by reason of injuries to, or death of persons, or damages
to property arising out of or related to work performed by the applicant, its agents or
employees while performing any work under the permit. Such insurance shall be primary
and provide comprehensive general liability coverage, including completed operations
coverage, for all liability assumed by the applicant under subsection A of this section, and
shall be provided by the permittee in the following minimum amounts: (1) for work in the
right-of-way, $2,000,000.00 combined single limit and (2) for work in a wash,
$500,000.00 combined single limit. The Town Engineer may require higher insurance
coverage for any particular encroachment permit when he deems it appropriate.
C. Failure by the applicant to provide the Town with such a certificate, and failure by the
Town to demand the filing by permittee of such a certificate before such a permit is
issued, shall not be deemed to waive the permittee’s obligation to provide the insurance.
Such insurance certificate shall remain in effect and be kept on file with the Town until
all work to be performed by the permittee under the permit has been completed. Where
an encroachment involves a permanent obstruction, such insurance certificate
requirements shall remain in effect until such obstruction is removed. The insurance
certificate shall provide that coverage shall not be canceled or expire without providing
30 days’ written notice of such action to the Town.
Section 16-1-10 Term of Permit
The permittee shall begin the work authorized by a permit issued pursuant to this article within
90 days from date of issuance, unless a different period is stated in the permit. If the work is not
so begun, the permit shall be void. The permittee shall complete the work authorized by the
permit within the time specified in the permit. Where an encroachment involves a permanent
obstruction, the requirements of this article shall remain in effect until the obstruction is
removed.
1915479.4
9
Section 16-1-11 Display
The permittee shall keep the permit at the site of work or in the cab of a vehicle when movement
on a public street is involved. A permit issued for a continued use or maintenance of an
encroachment may be kept at the place of business of the permittee or otherwise safeguarded
during its term. In all cases the permit must be shown to any authorized representative of the
Town on demand.
Section 16-1-12 Supervision and Inspection of Work
The Town Engineer or authorized designee may make inspections necessary in connection with
the permits issued under this article to ensure conformance to this article and the terms of the
permit. All work done under such permits shall be to the satisfaction of the Town Engineer. The
permittee shall notify the Town Engineer 24 hours prior to starting work under a permit and shall
also notify the Town Engineer 24 hours prior to any backfill being placed in connection with
work under the permit. If the permittee fails to give such notification, the Town Engineer may
order the work re-excavated, at the permittee’s expense, in order to permit appropriate
inspection.
Section 16-1-13 Revocation of Permit
A. A right-of-way encroachment permit may be revoked by the Town when the right-of-
way, or any portion thereof, occupied and used by the permittee is needed or required by
the Town, and upon notice from the Town, the permittee shall promptly remove all
property belonging to or controlled by him from the right-of-way.
B. If at any time the Town Engineer finds, in writing, that the delay in the completion of the
work authorized by the encroachment permit is due to lack of diligence on the part of the
permittee, he may cancel the permit and restore the right-of-way or water course to its
former condition. All costs and fees for any restoration plus an administrative fee in such
amount as approved by the Council by resolution or as part of the Town’s annual budget
shall be charged to the permittee. If a permittee fails to pay any fees charged in
connection with a permit under this article within 15 days of receipt of notice such
payment is due, the Town Engineer may revoke all of the permittee’s existing permits
and may deny any further permits to the permittee until payment is received for all fees
due. The determination of the Town Engineer shall be final.
C. Unless specifically modified in the encroachment permit conditions, failure to perform
the following shall constitute a lack of diligence on the part of the permittee:
1. Stop the seep or flow of a liquid onto or upon a street within five days of receipt
of notice from the Town.
2. Provide and maintain required barricading and other necessary traffic control
measures, as determined by the Town Engineer, for the entire period of the
encroachment.
1915479.4
10
3. Close or backfill an excavated area where no work is occurring for a period of
three consecutive days. The Town Engineer may require the permittee to backfill
daily, install plates or take other such actions the engineer deems necessary for
traffic safety, access, circulation or proper drainage.
4. Provide a temporary pavement surface (cold patch) within three days after
backfilling, adequately maintain the temporary pavement surface and install the
permanent pavement surface within 30 days after backfilling.
5. Restore improved landscape areas within seven days after backfilling.
6. Restore native desert areas by plantings, spriggings and seeding within 60 days
after backfilling.
7. Remove steel plates within three days after placement on roadways with a posted
speed limit of 35 mph or higher. Remove steel plates within 20 days for any other
roadway unless such steel plates are installed flush with the top of the surrounding
asphalt.
D. Any permit holder that has been determined by the Town Engineer to have shown a lack
of diligence, as set forth in subsection C of this section, shall be in violation of this Code
and shall be subject to the penalties set forth in Article 18.
Section 16-1-14 Manner of Giving Notice
All notices required by this article to be given by the permittees to the Town shall be given at the
office of the Town Engineer. Any notice to be given to a permittee shall be deemed to have been
received by him three days after mailing by certified mail to the address shown on the permit, or
when it has been referred to in or attached to any permit received by him.
Section 16-1-15 Appeal
Any person aggrieved by the action of the Town Engineer under this article may appeal such
decision to the Town Manager. The aggrieved person shall file a notice of appeal, in writing,
with the Town Manager within seven days after final action by the Town Engineer. The Town
Manager may affirm, modify or reverse the action of the Town Engineer from which the appeal
is taken. Any person aggrieved by the decision of the Town Manager may further appeal such
decision to the Town Council. The aggrieved person shall file a notice of appeal, in writing, with
the Town Clerk within seven days after final decision by the Town Manager. The Town Council
may affirm, modify or reverse the action of the Town Manager for which the appeal is taken.
1915479.4
11
Section 16-1-16 Emergency Work
This article does not prevent any person from making excavations necessary for a preservation of
life or property when an urgent necessity arises while the Town offices are closed. A person
making an emergency use or encroachment on a public street shall apply for a permit related to
the urgent necessity within one calendar day after the Town offices are open. All emergency
work taking place within the pavement section requiring lane restrictions or closures shall meet
the requirements of the MUTCD.
Section 16-1-17 Excavations and Newly Paved Streets
A. No excavation shall be permitted in a newly paved, resurfaced or sealed public street for
the following period following completion of such paving, resurfacing or sealing:
1. Construction or reconstruction of a structural section, four years.
2. Surfacing, resurfacing or sealing of an existing structural section, two years.
B. In the event of an emergency, the above periods may be waived by the Town Engineer.
C. Any person who causes excavation in violation of subsection A of this Section shall be
subject to a base fee per excavation plus a fee per lineal foot of pavement replacement.
The base fee per excavation and fee per lineal foot of pavement replacement described in
this subsection shall be in such amounts as approved by the Council by resolution or as
part of the Town’s annual budget.
Section 16-1-18 Backfill and Pavement Replacement Standards
A. Pavement shall be removed such that the edge of the pavement cut is outside of the
wheel path.
B. Backfill shall be in accordance with Maricopa Association of Governments Standard
Detail 200, or Town of Fountain Hills Detail FH 200-1 or as specified by the Town
Engineer in the permit. Backfill shall begin immediately following completion and
inspection of the utility work.
C. Following completion of backfill, the trench shall be steel-plated or temporarily
patched and the street opened to traffic. A permanent patch shall be placed within
three working days.
D. The final pavement replacement shall be flush with the existing edges of the trench.
The grade from one end of the trench to the other shall be smooth and straight with no
more than one-quarter of an inch plus or minus deviation, but not both, measured
in the direction of traffic flow.
1915479.4
12
E. Pavement replacement shall match the existing street. The permit may require an
overlay if the existing pavement surface is less than one year old.
F. Where concrete slurry is used for backfill it shall be a one sack mix and paving may
not begin until the moisture in the slurry has dissipated.
Section 16-1-19 Inspection
All work must be inspected and approved by the Town Engineer. The applicant shall guarantee
all permitted work against defects in materials and quality for two years from the date it is
accepted by the Town Engineer.
Section 16-1-20 Compliance With Other Laws
A permittee shall keep himself adequately informed of all state and federal laws and local
ordinances and regulations which in any manner affect the permit. The applicant shall at all times
comply with and shall cause all his agents and employees to comply with all such laws,
ordinances, regulations, decisions, court and similar authoritative orders.
Section 16-1-21 Cost of Work
All work authorized by an encroachment permit shall be done at the sole cost and expense of the
permittee, and shall be done at such time and in such manner as to cause the least inconvenience
to the traveling public and as directed by the Town Engineer.
Section 16-1-22 Article Not Applicable to Town Work
The provisions of this article shall not be applicable to any work done in any right-of-way or
water course under the direction of competent Town authority by employees of the Town, or by
any contractor of the Town performing work for and on behalf of the Town necessitating
openings or excavations in streets.
Section 16-1-23 Liability of Town
This article shall not be construed as imposing upon the Town or any official or employee
thereof any liability or responsibility for damages to any person injured by performance of any
work done pursuant to an encroachment permit issued hereunder; nor shall the Town or any
official or employee thereof be deemed to have assumed any such liability or responsibility by
reason of inspections authorized hereunder, the issuance of any permit or the approval of any
work done pursuant to such a permit.
1934770.2
ORDINANCE NO. 13-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE “TOWN OF FOUNTAIN
HILLS ENCROACHMENT REGULATIONS, APRIL 18, 2013” BY
REFERENCE AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN
CODE, CHAPTER 16 (STREETS AND SIDEWALKS), ARTICLE 16-1
(ENCROACHMENTS), BY DELETING IT IN ITS ENTIRETY AND
REPLACING IT WITH THE TOWN OF FOUNTAIN HILLS
ENCROACHMENT REGULATIONS, APRIL 18, 2013.
WHEREAS, the Town of Fountain Hills Town Code (the “Town Code”) contains
provisions pertaining to encroachments; and
WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the
“Town”) to update and modify the provisions related to encroachments into Town-owned rights-
of-way and other property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The document known as the “Town of Fountain Hills Encroachment
Regulations, April 18, 2013” (the “Encroachment Regulations”), three copies of which are on
file in the office of the Town Clerk, which document was made a public record by Resolution
No. 2013-25 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a
part hereof as if fully set out in this Ordinance.
SECTION 3. The Fountain Hills Town Code, Chapter 16 (Streets and Sidewalks),
Article 16-1 (Encroachments), is hereby deleted in its entirety and replaced with the
Encroachment Regulations.
SECTION 4. Any person who fails to comply with any provision of the Encroachment
Regulations shall be subject to civil and criminal penalties as set forth in Article 1-8 of the
Fountain Hills Town Code, including civil penalties of not more than $500 base fine. Criminal
penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00
or by imprisonment for a period not to exceed six months, or by both such fine and
imprisonment. Each day that a violation continues shall be a separate offense.
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 of
this Ordinance.
1934770.2 2
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, April 18, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
for the
Town of
Fountain
Hills
AVENUE OF THE
FOUNTAINS
MEDIAN
IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
AVENUE OF THE FOUNTAINS
MEDIAN IMPROVEMENTS
Construction Cost Estimates
Base Project: $1,120,000
Owner’s Allowance: $40,000
SRP Allowance: $40,000
$1,200,000
Bid Alternates
A: Water Feature “D” Redesign -$30,000
B: Brick Paver Pathway +$15,000
C: Shade Canopies (8 Total) +$66,000
D: Lighting Package +$125,000
+$176,000
Issue 13 - April 5, 2013 PRINT VERSION
Legislative Overview
Today marks the 82nd day of the First Regular Session of the 51st Legislature. There
were no committee hearings to consider bills and relatively light floor work. The
focus of the Legislature remains the budget and the governor's Medicaid proposal.
Legislative leadership for the majority is rumored to be engaging their caucus
members in small groups to update them on the budget negotiations, which at this
point have seemingly not produced a public budget proposal.
Changes to Transaction Privilege Taxes (TPT)
Although there has been no legislative activity this week on HB 2111 (investments;
public monies), discussions have continued and positive progress is being made.
League and municipal staff, including auditors and others have been working to find
points of agreement. If and when language is drafted that represents an agreement
between municipalities and proponents of the measure, the League will distribute
the finalized language.
Other Bills of Note
(All bills being actively monitored by the League can be found here.)
Bill Number - Short Title - Subject(s)
HB 2443: cities; counties; regulatory review - regulation
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Issue 14 - A pril 12, 2013
Legisla tiv e Ov erv iew
To day marks th e 89th day o f th e First Re gular Sessio n o f the 51st Legislature. Floo r ac tivity was steady, but minimal
as the Legislature so u ght to no t in u ndate Go verno r Brewe r with bills that req u ir e ac tio n. Th e fo c us o f th e
Legislature remains th e budget an d th e governo r 's M edic aid pro po sal. Disc u ssio n s regardin g tax simplific atio n
c o ntinu e ; the Leagu e re mains in vo lve d in the ne go tiatio ns an d ho peful th at me an ingful refo rm th at be nefits
everyo n e c an be ac h ie ve d.
Other Bills of Note
(All b ills bein g ac tively mo nito red by th e Le ague c an b e fo un d h ere.)
Bi ll Number - Short Ti tl e - Subject(s)
HB 2443: c itie s; c o un tie s; re gulatory re vie w - re gulatio n
HB 2562: public retir e men t systems; in eligible e mploye es - pe nsio n
Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns.
For war d your comments or suggestions to league@azleague.or g.