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HomeMy WebLinkAbout120517P NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, MAY 17, 2012 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 pr esent 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 Presidi ng 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 Me eting 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 Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2012\R5-17-12\120517A.docx Last printed 5/10/2012 5:20 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION –North Chapel Community Bible Church, Director of Men's Ministry, Norris Heckel  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) Honorary Consul of El Salvador, Enrique Melendez and Consul General of El Salvador, Joaquin Chacon will make a PRESENTATION on behalf of the Salvadoran Government to Mayor Jay T. Schlum for his dedication and support for the Sister Cities Program and El Salvador. 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) 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 3, 2012. REGULAR AGENDA ITEMS 2. CONSIDERATION of RESOLUTION 2012-14, adopting the Interconnected Trails Plan. 3. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding an APPLICATION for Local Transportation Assistance Fund II (LTAF II) project funds through Valley Metro Regional Public Transportation Authority (RPTA) for FY 2011/12, in the amount of $65,986, for transit purposes. 4. PRESENTATION by the Town of Fountain Hills Executive Budget Committee, relating to a recommendation for FUNDING AND SCOPE OF WORK for Fountain Hills Chamber of Commerce (Tourism), Fountain Hills Community Theater (youth arts), Extended Hand Food Bank (social service) and Boys & Girls Clubs of Scottsdale, McKee Branch (teen p rogram), WITH POSSIBLE DIRECTION TO STAFF. Z:\Council Packets\2012\R5-17-12\120517A.docx Last printed 5/10/2012 5:20 PM Page 3 of 3 5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the letters dated May 7th, April 18th, and April 25, 2012, respectively, which were received from the Fountain Hills Sanitary District, regarding the NOTICE OF RECLAIMED WATER SHORTAGE and the FOUNTAIN LAKE PUMP-BACK SYSTEM. 6. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN. 7. 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. 8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 9. ADJOURNMENT. DATED this 10th day of May 2012. _____________________________________ 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 m eeting 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. NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, MAY 17, 2012 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 Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2012\R5-17-12\120517A.docx Last printed 5/10/2012 5:20 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION –North Chapel Community Bible Church, Director of Men's Ministry, Norris Heckel  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) Honorary Consul of El Salvador, Enrique Melendez and Consul General of El Salvador, Joaquin Chacon will make a PRESENTATION on behalf of the Salvadoran Government to Mayor Jay T. Schlum for his dedication and support for the Sister Cities Program and El Salvador. 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) 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 3, 2012. REGULAR AGENDA ITEMS 2. CONSIDERATION of RESOLUTION 2012-14, adopting the Interconnected Trails Plan. 3. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding an APPLICATION for Local Transportation Assistance Fund II (LTAF II) project funds through Valley Metro Regional Public Transportation Authority (RPTA) for FY 2011/12, in the amount of $65,986, for transit purposes. 4. PRESENTATION by the Town of Fountain Hills Executive Budget Committee, relating to a recommendation for FUNDING AND SCOPE OF WORK for Fountain Hills Chamber of Commerce (Tourism), Fountain Hills Community Theater (youth arts), Extended Hand Food Bank (social service) and Boys & Girls Clubs of Scottsdale, McKee Branch (teen program), WITH POSSIBLE DIRECTION TO STAFF. Z:\Council Packets\2012\R5-17-12\120517A.docx Last printed 5/10/2012 5:20 PM Page 3 of 3 5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the letters dated May 7th, April 18th, and April 25, 2012, respectively, which were received from the Fountain Hills Sanitary District, regarding the NOTICE OF RECLAIMED WATER SHORTAGE and the FOUNTAIN LAKE PUMP-BACK SYSTEM. 6. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN. 7. 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. 8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 9. ADJOURNMENT. DATED this 10th day of May 2012. _____________________________________ 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. Fountain Hills Interconnected Trails Presentation for: Fountain Hills Town Council May 17th, 2012 Fountain Hills Interconnected Trails Ov e r a l l S y s t e m M a p Mile Marker 1 Trailhead Directional Markers Fountain Hills Interconnected Trails Ci v i c C e n t e r T r a i l M a p Mile Marker 2 Fountain Hills Interconnected Trails Ap p r o v e d C o n c e p t Fountain Hills Interconnected Trails Lo g o / I d e n t i t y Fountain Hills Interconnected Trails Tr a i l K i o s k Fountain Hills Interconnected Trails Tr a i l K i o s k Comments and Questions 1710795.1 RESOLUTION NO. 2012-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE INTERCONNECTED TRAILS PLAN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Interconnected Trails Plan is hereby adopted in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 17, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 1710795.1 EXHIBIT A TO RESOLUTION NO. 2012-14 [Interconnected Trails Plan] See following pages. Fountain Lake Palisades Blvd. Shea Blvd. F.H. Blvd. Ft. McDowell Indian Community Scottsdale Panorama Wash Town Hall Complex Saguaro Blvd. Morningside 1 2 3 4 5 6 7 8 9 10 Puerto del Lago 11 12 13 14 15 16 17 Ft. McDowell Indian Community Dry weather flow throughout Panorama Wash 1. Entering into Ft. McDowell 2-4 . Along Panorama Wash bordering Morningside HOA 2 3 4 5-7 . Along Wash bordering Morningside HOA to Panorama Dr. and existing pump 6 7 5 8 - 10 . Panorama Wash along Panorama Dr. to the drain/culvert 9 10 8 11. Ground saturated in an area north of the drain/culvert 12 14 13 12-14 . Wash bordering Puerto del Lago 15 16 17 15-17. Wash bordering Puerto del Lago Panorama Wash leaving Fountain Hills Ft. McDowell / Golf Course Fountain Lake Panorama Wash Pump location Pump outfall to lake Panorama Wash Pump Pump outfall to the lake Four inch outfall pipe to the lake 1701284.1 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this “Agreement”) is made as of April 19, 2012 (the “Commencement Date”), by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), as Licensor and the Fountain Hills Sanitary District, an Arizona sanitary district (the “District”) as Licensee. The Town and the District may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS A. The Town is the fee owner of certain real property commonly referred to as Panorama Wash, as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Town’s Property”), specific portions of which will be licensed to the District pursuant to this Agreement, which licensed portions are depicted on Exhibit A (the “Licensed Premises”). B. The Town is the owner of a pump-back system located on Licensed Premises consisting of a pump, electrical service and discharge line (the “Facilities”), which can be utilized to pump water from the Town Property to Fountain Lake. C. The District has the need to supplement water supplies to Town Lake and desires to use the Facilities to do so. D. The Facilities are in need of repair prior to being utilized for pumping water to Town Lake. The District has agreed to bear the costs associated with such repairs. Additionally, the District has agreed to maintain and operate the Facilities at its own cost and expense in exchange for the right to use the Facilities free of charge. E. The Town and the District have agreed that it is in the best interests of both Parties that the District be allowed to use the Facilities to pump water back to Town Lake. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the District hereby agree as follows: 1. The License. The Town hereby grants to the District a revocable license to use and occupy the Licensed Premises on the terms and conditions stated in this Agreement (the “License”), to repair, maintain and operate the Facilities for the purpose of pumping water from the Town Property to Fountain Lake. 1.1 Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non-possessory authorization for the District to enter upon and use the Licensed Premises solely for the purposes described in Subsection 1.3 below on the terms and conditions stated herein. The District may not use the Licensed Premises for any other purpose or in any other 1701284.1 2 manner without the Town’s prior written consent. This License in no way restricts the Town’s use or conveyance of the Licensed Premises, any interest therein, or any improvements thereon, or the Town’s use of the Licensed Premises in any manner not inconsistent with the License. This License is not intended to create or convey to the District an interest in real property, and may not be recorded without the Town’s prior written permission. 1.2 Rights of Others. Nothing in this License may be construed as the Town’s representation, warranty, approval, or consent regarding rights in the Licensed Premises held by other parties, and the District is responsible for ascertaining the rights of all third parties in the Licensed Premises and obtaining their consent to the activities described in this License as necessary or appropriate. the District agrees to obtain, at its sole expense, such other licenses, permits, consents and agreements as may be required to address the rights of others by other appropriate agreements, easements, privileges or other rights, whether recorded or unrecorded, and shall make its own arrangements with holders of such prior rights. 1.3 Scope of License; Permitted Uses. During the term of this Agreement, the District shall have reasonable access to the Licensed Premises for the limited purpose of repairing, maintaining and operating the Facilities. The District may not use the Facilities located on the Licensed Premises for any purpose other than to provide for pumping of water to Town Lake. 1.4 Condition of Premises. The District agrees to accept the Licensed Premises “As Is,” without warranty of any kind, express or implied. The District acknowledges that the Town is not obligated to construct or install any improvements or facilities of any kind on the Licensed Premises. The District must use commercially reasonable efforts to maintain the Licensed Premises and the Facilities in a condition satisfactory to the Town, and must not cause or permit any generation of Hazardous Substances, as defined in Subsection 1.6 below. During the term of this Agreement, the District will have primary and ultimate responsibility for maintaining the condition of the Licensed Premises at the District’s sole expense, but the Town will cooperate with the District to implement appropriate, mutually-agreed-upon procedures to assure that the Licensed Premises are maintained in a condition that is satisfactory to both the Town and the District. 1.5 Condition of the Town’s Facilities. During the term of this Agreement the District must maintain the Facilities in a reasonable, safe and operable condition at all times during the term of this Agreement. The Town will have no right or responsibility to repair, maintain, or operate the Facilities. The Town will cooperate with the District to implement appropriate, mutually-agreed-upon measures to assure that the Facilities are maintained in operable condition and that if the Facilities are damaged or become inoperable, that the District is promptly notified. The District will repair or replace, at the District’s option and at the District’s sole expense, the Facilities or parts or components thereof as the District deems necessary and appropriate, subject to approval by the Town Manager or authorized designee. 1.6 Environmental Hazards. The Districts agrees not to use, store, or release, or permit to be used, stored, or released on the Licensed Premises, any Hazardous Substances defined herein to include any toxic substances or related materials, including, without limitation, 1701284.1 3 any substances defined as or included in the definition of “hazardous substances”, “hazardous waste”, “hazardous materials”, or “toxic substances” under any Hazardous Materials Laws (which include without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act, the Occupational Health and Safety Act or any amendments to any of the foregoing, and all other federal, state and local environmental statutes, laws, regulations, ordinances, orders, actions or policies). The District may not engage in the production, location, transportation, storage, treatment, discharge, disposal, or release upon or under the Licensed Premises of any substance regulated under any local, state or federal environmental protection law or regulation. 1.7 Waste, Nuisance. The District shall not commit or suffer to be committed any waste or impairment of the Licensed Premises and covenants that it shall not do, nor permit to be done, on or about the Town’s Property any acts which may be a nuisance. 1.8 Compliance with Laws. In the exercise of any privilege granted by this License, the District must comply with all applicable State, municipal and local laws, and the rules, orders, regulations and other legal requirements, including laws and regulations relating to occupational safety and health and environmental protection, and all orders, writs, judgments, injunctions, decrees or awards of any court or governmental authority with jurisdiction over the District or the Licensed Premises. The District must obtain promptly and maintain in effect throughout the term of the License all licenses, permits, authorizations, registrations, rights and franchises necessary to conduct the actions required or permitted by the License. Furthermore, the District will not encourage or permit any use in or upon the Licensed Premises, or any part thereof, in violation of any applicable laws, statutes, rules or regulations of any federal, state or local authority. 1.9 Compliance with the Town Requirements. Any use made of the Licensed Premises pursuant to this License, and any maintenance, repair or other work performed thereon by the District, including the installation and removal of any article or thing, shall be accomplished in a manner satisfactory to the Town. 1.10 Structures. The District may not place or construct upon, over or under the Licensed Premises any installation or structure of any kind or character, except such as are specifically authorized herein or in writing signed by the Town. 1.11 Alterations; Damage; Restoration. No alterations may be made by the District to the Licensed Premises without first obtaining the prior, written consent of the Town and, if applicable, any other person or entity having an interest in or right to use or occupy the Licensed Premises. The District will bear all costs and expenses associated with performing any such alterations, including, without limitation, costs of repairs of the Facilities and any increased operating costs of the Town resulting from such alterations. Except as may be otherwise provided in this Agreement, the District may not alter, destroy, displace or damage any of Licensed Premises or any neighboring property in the exercise of the privileges granted by this Agreement without the prior, written consent of the Town and any other affected landowner, and the express agreement of the District promptly to replace, return, repair and restore any such 1701284.1 4 property to a condition satisfactory to the Town and any other affected landowner upon demand, and at the District’s sole cost and expense. 1.12 Operation and Use of Facilities. The District must confine activities on the Licensed Premises strictly to those necessary for the enjoyment of the privilege hereby licensed, and must refrain from marring or impairing the appearance of the Licensed Premises, obstructing access thereto, interfering with the transaction of the Town’s business and the convenience of the public, or jeopardizing the safety of persons or property, or causing justifiable public criticism. 1.13 Expenses. Any cost, expense or liability connected with or in any manner incident to the granting, exercise, enjoyment, or relinquishment of this License will be assumed and paid or discharged by the District. Such costs shall include, but shall not be limited to, costs to repair the Facilities, all costs for electricity and other power supplies, and all costs for maintenance and operation of the Facilities. The District shall reimburse the Town each month during the term of this Agreement for all costs, for electricity or otherwise, incurred by the Town and relating to the Facilities during the immediately preceding month. Such reimbursement shall be made within 30 days after notice from the Town of such amounts being due. 1.14 Assignment. The District may not assign this License nor sub-license all or any portion of the District’s right to use and occupy the Licensed Premises, and any purported assignment or sub-license by the District is void. This License does not confer on or convey to the District any possessory interest in the Licensed Premises, any right to exclusive possession or occupancy of the Licensed Premises, or any right of quiet enjoyment. The privileges granted to the District by this Agreement are personal to the District and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of the Town. 1.15 Responsibility for Others. The District will be responsible for the conduct and discipline of its employees, contractors, subcontractors, invitees, licensees, and other persons entering upon or using the Licensed Premises pursuant to this Agreement. 1.16 Subordination. This Agreement and the License granted herein is subject and subordinate to the terms of all ground leases, superior leases, mortgages, deeds of trust, other security instruments, and any other prior rights and matters of record now or hereafter affecting the Town’s interest in Licensed Premises. 2. Term of License. The License and rights granted by this Agreement will become effective as of the Commencement Date and, unless otherwise agreed to in writing, signed by both Parties, will automatically expire and terminate on the date the Parties enter into an intergovernmental agreement or other document that (i) relates to this subject matter and (ii) expressly replaces this document. 3. Consideration for License. As consideration for the License and the use of the Licensed Premises and the Facilities, the District agrees to pay the sum of $1.00 upon execution of this Agreement. In addition, the District will provide the Town reports and other information 1701284.1 5 relating to the License and the use of the Facilities on the Licensed Premises; provided, however, that the District will not be required to and will not provide to the Town any information that is proprietary or confidential. 4. Surrender. On the expiration or any earlier termination of this Agreement, the District shall vacate the Licensed Premises and surrender possession of the Facilities to the Town. Upon expiration or termination of the License, the District will, at the District’s sole expense and to the Town’s satisfaction, restore the affected portions of the Licensed Premises (surface and subsurface) to a safe condition prior to surrender. 5. Termination. This Agreement may be terminated by the District in writing to the Town, without cause, at any time and for any reason, whereupon the Parties shall be fully released from their respective duties, rights, obligations and liabilities under this Agreement except as provided herein. 6. Indemnification. The District shall indemnify, defend, save and hold harmless the Town and its officers, officials, agents, and employees for, from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property, including but without limitation, infringement or violation of any rights, including intellectual property rights of third parties, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the District or any of its owners, officers, directors, agents, employees or contractors, arising out of or related to the District’s occupancy and use of the Licensed Premises. It is the specific intention of the Parties that the Town shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Town, be indemnified by the District for, from and against any and all claims. It is agreed that the District will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration for the use and occupancy of the Licensed Premises, the District agrees to waive all rights of subrogation against the Town, its officers, officials, agents and employees for losses arising from the use, occupancy or condition of the Licensed Premises. 7. Insurance. 7.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of the District, the District shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect the 1701284.1 6 District. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve the District from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. The District’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of the District. The District shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. G. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. The District shall be solely responsible for any such deductible or self-insured retention amount. H. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the District shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and the District. The District shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. I. Evidence of Insurance. INTENTIONALLY OMITTED. 7.2 Required Insurance Coverage. 1701284.1 7 A. Commercial General Liability. The District shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. The District shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on the District’s owned, hired and non-owned vehicles assigned to or used in the performance of the District’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the District engages in any professional services or work adjunct or residual to performing the work under this Agreement, the District shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the District, or anyone employed by the District, or anyone for whose negligent acts, mistakes, errors and omissions the District is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Services, and the District shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. D. Workers’ Compensation Insurance. The District shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over the District’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 1701284.1 8 7.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days’ prior written notice to the Town. 8. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to the District: Fountain Hills Sanitary District 16941 East Pepperwood Circle Fountain Hills, Arizona 85268 Attn: Ronald D. Huber, District Manager With copy to: Curtis, Goodwin, Sullivan, Udall & Schwab 501 East Thomas Road Phoenix, Arizona 85012 Attn: William P. Sullivan or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 9. Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated. 1701284.1 9 10. Entire Agreement. This Agreement and the exhibits and schedules referenced or attached hereto constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter hereof. This Agreement is not intended to confer upon any person other than the Parties hereto any rights or remedies hereunder. 11. Severability. If any terms or other provision of this Agreement or the schedules or exhibits hereto shall be determined by a court, administrative agency or arbitrator to be invalid, illegal or unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid. Rather, this Agreement shall be construed as if not containing the particular invalid, illegal or unenforceable provision, and all other provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either Party. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the fullest extent permitted under applicable law. 12. Information. Subject to applicable law and privileges, each Party hereto covenants with and agrees to provide to the other Party all information regarding itself and transactions under this Agreement that the other Party reasonably believes is required to comply with all applicable federal, state, county and local laws, ordinances, regulations and codes. 13. Further Agreements. The Parties shall execute or cause their applicable affiliates to execute such additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary to effectuate the intent of this Agreement. 14. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. This Agreement may be amended at any time by mutual consent of the Town and the District, evidenced by an instrument in writing signed on behalf of each of the Parties. 15. Amendment and Modification. This Agreement may be amended, modified or supplemented only by a written agreement signed by all of the Parties hereto. 16. Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. 1701284.1 10 17. Authority. Each Party represents to the other Party that (i) it has the corporate or other requisite power and authority to execute, deliver and perform this Agreement, (ii) the execution, delivery and performance of this Agreement by it have been duly authorized by all necessary corporate or other actions, (iii) it has duly and validly executed and delivered this Agreement and (iv) this Agreement is its legal, valid and binding obligation, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and general equity principles. 18. Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or enforceable by any third party, including any creditor of any Person. No such third party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any liability (or otherwise) against either Party hereto. Notwithstanding the foregoing, it is understood that the District’s rights hereunder shall inure to the benefit of the District’s affiliates and their officers, directors and employees. 19. Default; Remedies. The actual or prospective failure of either party to satisfy any material obligation under this Agreement, and the breach of any material representation or warranty stated in this agreement, will be an event of default. If a party’s default continues without cure for 30 days after delivery of a written notice of default in the manner provided in Section 8, the other party will be entitled to terminate this Agreement for cause, and to all other remedies available at law or in equity, including damages and specific performance. The rights and remedies set forth in this agreement are not intended to be exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise. Failure or delay by the Town to exercise any right, power or privilege will not be deemed a waiver thereof. 20. Attorney’s Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 21. Miscellaneous. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Except as expressly provided herein to the contrary, when a Party is required to do something by this Agreement, it shall do so at its sole cost and expense without right of reimbursement from the other Party. Whenever one Party’s consent or approval is required to be given as a condition to the other Party’s right to take any action pursuant to this Agreement, unless another standard is expressly set forth, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 22. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same agreement. 23. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. The exclusive venue for any litigation, 1701284.1 11 arbitration, administrative hearing or the like concerning this Agreement or any matter arising therefrom shall be in Maricopa County, State of Arizona. IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the date and year first set forth above. “Town” “District” TOWN OF FOUNTAIN HILLS, an Arizona FOUNTAIN HILLS SANITARY municipal corporation DISTRICT, an Arizona sanitary district Jay T. Schlum, Mayor Bruce Hansen, Chairman of the Board ATTEST: ATTEST: Bevelyn J. Bender, Fountain Hills Town Clerk Ronald D. Huber, Secretary of the Board 1701284.1 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS SANITARY DISTRICT [Depiction of Town Property and Licensed Premises] See following pages. EL L A G O B L V D TR A C T C M C R 0 0 - 0 8 8 4 0 8 7 PA N O R A M A W A S H VIA D E L O R O MCR 95-219416 PUERTO DEL LAGO MCR 95-219416 MORNINGSIDE QU A I L R I D G E D R LAKESIDE PATIO HOMES BOOK 278-PAGE 27 P A N O R A M A D R PU E R T O D E L L A G O PA N O R A M A W A S H ** PUMP LOCATION EXHIBIT A LICENSED PREMISES You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)   Issue 17 - May 4, 2012 Legislative overview The second regular session of Arizona's Centennial Legislature adjourned sine die at 8:25 p.m. on Thursday, May 3, the 114th day of the legislative session. After negotiators reached agreement on an $8.6 billion budget for the coming year, the House and Senate proceeded to pass a series of bills incorporating that agreement on Tuesday, May 1. The fiscal impacts of the budget on cities and towns are highly positive. The League was categorically successful with respect to its two budget priorities for the coming year: 1) elimination of the assessment on municipalities to help fund the Department of Water Resources; and 2) reduction in the amount of Highway User Revenue Funds diverted away from cities and towns. In addition, the budget provides funds that will help local jurisdictions upgrade their aging 9-1-1 emergency response systems. (See stories below.) Following passage of the budget bills, the Legislature spent the following two days clearing legislation that had stalled or otherwise been deferred until the end of the session. In the waning hours of the Legislature, final approval was given to HB 2571 (NOW: state personnel system), a package of personnel reforms representing the governor's top legislative priority for the year, and HB 2815 (employment; incentives; regulatory tax credit), a bill that expands the use of Arizona job training funds and reduces taxation of net capital gains. There are 83 bills remaining on the governor's desk for signature or veto. The deadline for her to take action on these bills is Tuesday, May 15. Bills that are neither vetoed nor signed into law by the governor will become law without her signature. The general effective date for legislation enacted this year is August 2, 2012. On Monday, April 30, the newest member of the House of Representatives took the oath of office. Rep. Nicholas Fontana (I-Tucson) was appointed by the Pima County Board of Supervisors to assume the Legislative District 29 seat recently vacated by former Rep. Daniel Patterson. Fontana, a practicing attorney, has announced that he will not seek election to the House in the fall. Water assessment As passed by the Legislature, the budget includes the salient provisions of SB 1288 (municipal water fees; repeal; appropriation), which passed the Senate and four legislative committees by unanimous votes. The bill, sponsored by Senator Gail Griffin (R-Hereford), repeals the permanent statutory authority of the Arizona Department of Water Resources to impose an assessment on municipalities to help pay for departmental operations. The measure was co- sponsored by 45 senators and representatives - fully one-half of the Arizona Legislature. Enactment of the statutory repeal will save cities and towns up to $7 million per year. The budget measure also includes a $6.3 million appropriation of general fund monies to replace the amount that would have otherwise been Page 1of 4League of Arizona Cities and Towns - Legislative Bulletin 5/7/2012http://www.leagueaz.org/bulletin/12/120504/index.cfm?a=print charged to municipalities in the coming year. Highway User Revenue Fund Like last year, the budget shifts $120 million in HURF funds to the Department of Public Safety. The diversion of HURF funds to the Motor Vehicle Department, however, is virtually eliminated. The consequence for cities and towns is a net gain of approximately $26.5 million in HURF funding for the coming fiscal year. Emergency response Arizona currently levies a tax of .8 percent on telecommunications services in this state. Monies collected from the tax are deposited in the emergency telecommunications services revolving fund to assist governmental entities with the maintenance, operation and capital costs associated with the 9-1-1 system. In previous years the monies in the fund have been swept for general fund purposes. The FY 13 budget, however, leaves the fund untouched. Consequently, the League estimates that $1.8 million will be available in the coming year to improve Arizona's aging emergency response infrastructure. Consolidated elections On Monday, April 30, the House concurred in the Senate amendment to HB 2826 (consolidated election dates; political subdivisions) and approved the bill on final passage by a narrow vote of 32-28. The legislation was immediately transmitted to the governor, who has until May 15 to sign or veto the legislation. If she does neither, then the bill will take effect without her signature. The League continues to strongly oppose the bill (which requires that local candidate elections be held in the fall of even-numbered years) and has formally asked Governor Brewer to veto the measure. Approximately 60 cities and towns have submitted their own veto requests to the governor, who has demonstrated strong support for local authority throughout her term. City officials who have not contacted the governor to express their opposition to HB 2826 are urged to do so immediately. Business incentives On Thursday, May 3, during the final hours of the legislative session, the Senate passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a vote of 19-9. The House followed by approving the measure on a unanimous vote of 56-0. The bill permits municipalities to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary to support those facilities. Unfortunately, the bill was amended in a conference committee to increase the monetary threshold required to qualify for the incentive, and the incentive's funding mechanism was fundamentally altered. Because the funding change negatively affects the formula for the distribution for state-shared revenue, the League is compelled to oppose the measure as amended. SB 1442 now awaits action by the governor. Sales tax collection On Tuesday, May 1, the House passed an amended version of HB 2466 (NOW: payment; local sales tax) by a unanimous vote of 60-0. The bill provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self-collecting cities. The League supports HB 2466 and has worked closely and cooperatively with the bill's sponsor, Rep Rick Gray (R-Sun City West), throughout the legislative session. The bill now heads to the governor's desk for final action. Alarm system installation On Monday, April 30, the Senate gave final approval to HB 2748 (NOW: alarm business; alarm agent; certification) by Page 2of 4League of Arizona Cities and Towns - Legislative Bulletin 5/7/2012http://www.leagueaz.org/bulletin/12/120504/index.cfm?a=print a vote of 27-3. The bill had previously been amended in conference committee to address issues identified by the Department of Public Safety. In its current form, the measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm installation. The bill has been transmitted to the governor and is now awaiting her signature or veto. Traffic control On Monday, April 30, the Senate passed HB 2557 (NOW: intersection; definition) by a vote of 18-12. The bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill, to which the League is opposed, now awaits action by the governor. Regulatory tax credit During the past week, HB 2815 (employment; incentives; regulatory tax credit) came out of hibernation and moved through both chambers. The bill, which expands job training programs and reduces taxation of net capital gains, was the subject of five successful amendments in the Senate Committee of the Whole. Of particular note was the Yarbrough #1 floor amendment, which eliminated that section of the bill establishing a regulatory tax credit program. The initiative, to which the League strongly objects, provides for a credit against state taxes for parties who are aggrieved by "excessive regulation." With elimination of the regulatory tax credit, the League is neutral on the bill, which passed both chambers on the evening of May 3 and has been transmitted to the governor. Homeowners' associations On Monday, April 30, the House defeated HB 2030 (homeowners' associations; public roadways) by a vote of 16-43. The measure, sponsored by Rep. John Kavanagh (R-Fountain Hills) prohibits homeowners' associations from enforcing parking regulations unless certain conditions are met. The League opposes the measure because of its potential to shift parking enforcement costs onto cities and towns. United Nations Rio declaration On Monday, April 30, the House was scheduled to consider SB 1507 (NOW: United Nations Rio declaration; prohibition) on third reading. The purpose of the bill is to prohibit the state and its political subdivisions from adopting or implementing "the creed, doctrine, principles or any tenet" of the 1992 United Nations Rio Declaration on Environment and Development. The bill also specifically identifies a number of organizations with which Arizona political entities are prohibited from affiliating. The bill died an unceremonious death when it was pulled from the third read calendar of the House and failed to reappear. The League opposes the ill-conceived legislation, based on its ambiguous language, high potential for unintended negative consequences and prospective impacts on municipal initiatives. Law enforcement SB 1186 (law enforcement officers; omnibus) passed its third read in the House and its final read in the Senate, both by unanimous votes, on Thursday, May 3. Among other things, the measure, sponsored by Senator Linda Gray (R- Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations. The League opposes the bill, which has been transmitted to the Office of the Governor for final action. Spirituous liquors On Monday, April 30, the Senate passed HB 2606 (NOW: liquor omnibus) on its final read by a vote of 26-4. Among other things, the bill, sponsored by Rep. J.D. Mesnard (R-Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. It further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just Page 3of 4League of Arizona Cities and Towns - Legislative Bulletin 5/7/2012http://www.leagueaz.org/bulletin/12/120504/index.cfm?a=print the previous year's CPI). The bill now proceeds to the governor for her signature or veto. Pension reform HB 2745 (NOW: PSPRS; employer contributions) was passed unanimously by the Senate on Wednesday, May 2, and by the House on Thursday, May 3. The bill makes a change to the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change would preclude employers from paying the PSPRS ACR on a PSPRS-eligible position if the retired person was hired before the effective date of last year's pension reform bill, SB 1609 (retirement systems; plans; plan design), and the individual is enrolled in another state retirement system. This change will result in cost savings for some of Arizona's small cities and towns. The bill was additionally amended to add provisions of HB 2088 (ASRS; amendments). These provisions effect various changes to the operation of the Arizona State Retirement System. HB 2088 was previously vetoed by the governor; accordingly, the language added to HB 2745 was modified to address her concerns. The bill has been transmitted to the governor for signature. The League expresses its gratitude to Representatives Justin Pierce (R-Mesa) and Bob Robson (R-Chandler) for their dedicated work on this bill. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Page 4of 4League of Arizona Cities and Towns - Legislative Bulletin 5/7/2012http://www.leagueaz.org/bulletin/12/120504/index.cfm?a=print