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Home My WebLink About1986 01.11 City Council Special Agenda Qp,CHE `` a . . 444-, ,:,?;,-'' „:„ U4, O e U -` t Oz ,qR/ ___- cOity o pacI e &unctiofl NOTICE OF SPECIAL MEETING OF THE APACHE JUNCTION CITY COUNCIL Pursuant to A. R. S . §38-431 . 01 , notice is hereby given to the Apache Junction City Council and to the general public that the Apache Junction City Council will hold a meeting open to the public on Saturday, January 11 , 1986, at 1 : 00 p .m. , in the Apache Junction City Council Chambers , 1001 N. Idaho Road , Apache Junction, Arizona . The agenda for the meeting is as follows : AGENDA 1 . Call to Order 2 . Roll Call PUBLIC HEARINGS 3 . Proposed Ordinance No . 469 : Establishing dates for referendum elections ; defining duties of the City Clerk; and defining responsibilities of the applicant (With the Emergency Clause ) 4. Proposed Ordinance No . 470 : Amending the Apache Junction City Code , Section 8-3-3(A) and Section 8-3-10, by repealing Ordinance No . 468 and adopting in lieu thereof Proposed Ordinance No . 470, amending the Apache Junction City Code , Section 8-3-3 (A) and Section 8-3-10. (Pertaining to 1/2C sales tax) . 5 . Adjournment (into special work session) Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk' s office , 1001 N. Idaho Road , Apache Junction , AZ , Monday through Friday, 8: 00 a .m. to 5 : 00 p .m. , exclusing holidays . Dated this 10th day of January, 1986 ( 11 : 50 a .m. ) Kathleen Connelly, Cit Clerk 1001 NORTH IDAHO • APACHE JUNCTION ARIZONA 85220-0190 • TELEPHONE(602)982-8002 • PUBLIC HEARING 1. FOR ORDINANCE NO. 469 2. WILL THE CITY MANAGER SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4 . IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE Aisik ORDINANCE NO 469 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 1 GENERAL, BY ADDING ARTICLE 1-12 REFERENDUM PETITIONS, REPEALING ANY CONFLICTING PROVI- SIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Chapter 1 GENERAL, be amended by adding Article 1-12 Referendum Petitions, to read as follows ARTICLE 1-12 Referendum Petitions 1-12-1 Election Schedule 1-12-2 Duties of the City Clerk 1-12-3 Responsibilities of the Applicant Sec 1-12-1 Election Schedule A special referendum election shall be held not more than one-hundred twenty (120) days after referendum petitions are received by the City Clerk unless such petitions are found to be deficient in accordance with the provisions of Arizona Revised Statutes §19-121 04(D) and unless a regular city general election is scheduled to be held within one-hundred eighty (180) days of the filing of the petitions. In the event that such referendum petitions are filed with the City Clerk within one-hundred eighty (180) days of a regularly scheduled city general election, such referendum shall be placed on the ballot at the regularly scheduled general election. Sec 1-12-2 Duties of the City Clerk A. Upon receipt of an application for a referendum petition number as provided by Arizona Revised Statutes §19-111 and amendments thereto, the City Clerk shall assign an official number to said petitions and issue that number to the applicant. B The City Clerk shall furnish to each applicant a copy of the text of Arizona Revised Statutes Title 19, Initiative, Referendum and Recall, and a copy of this Article 1-12 C. It shall not be the responsibility of the City Clerk to furnish the applicant with a completed referendum petition form contain- ing the proposed law or measure to be referred Upon the request of the applicant, the City Clerk shall furnish a sample referendum petition form as provided by the Secretary of State's Office. D. Unless otherwise stated by this code, the duties of the City Clerk with regard to referendum petitions shall be the same as prescribed in A R.S. Title 19 and amendments thereto, and the Arizona State Constitution. Sec. 1-12-3 Responsibilities of the Applicant It shall be the responsibility of the applicant for a referendum petition to comply with the procedures for a referendum as prescribed in A.R S Title 19, the Arizona State Constitution, and this Code ORDINANCE NO 469 PAGE ONE OF TWO INIEW Aleak SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective k immeidately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986. NORMAN S HILL Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM b,,IF. cEw City Attorney ORDINANCE NO. 469 PAGE TWO OF TWO ROLL CALL VOTE SHEET NOTES c v I 0 - rilitit), P)1/77' ' 1 7,,,K c.,. \_,,,,, ITEM # 5 MEETING OF lA /1-6 MOTION BY: SECONDED BY: ®'Y`J YES NO ABSTAINED COUNCILMAN BALJO V VICE MAYOR BAKKEDAHL !O COUNCILMAN EIDSON V/ COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ V / COUNCILWOMAN TAYLOR MAYOR HILL / 1 UNANIIOUS , IN FAVOR OPPOSED ABSTAINED TOTAL / ROLL CALL VOTE SHEET NOTES �/'4-/ 4 d) .k\tz6t/ °Iii t� " nfitt' ITEM It MEETING OF / // MOTION BY: SECONDED BY: 1)'�`' YE NO ABSTAINED COUNCILMAN EIDSON / _., COUNCILWOMAN GARDNER v COUNCILMAN JIMENEZ V/4 , COUNCILWOMAN TAYLOR COUNCILMAN BALJO I VICE MAYOR BAKKEDAHL MAYOR HILL 1 i , UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 3 I MOVE THAT ORDINANCE NO. 469, BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 469, BY TITLE ONLY WITH THE EMERGENCY CLAUSE. I MOVE THAT ORDINANCE NO. 469, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED) . OR I MOVE THAT ORDINANCE NO. 469, AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ... PUBLIC HEARING 1 . FOR ORDINANCE NO. 470 2. WILL THE CITY MANAGER SPEAK TO THE COUNCIL ON THIS ITEM . 3. IS THERE ANYONE WHO WISHES TO SPEAK ON THIS ITEM? 4. IF NOT, THIS HEARING IS CLOSED . CLOSE PUBLIC HEARING CALL FOR A MOTION CALL FOR A SECOND ANY DISCUSSION ROLL CALL VOTE Proposed to be repealed by Ordinance No 470 ORDINANCE NO 468 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 8-3-3(A) OF THE CITY CODE OF APACHE JUNCTION, ARIZONA, ADDING SECTION 8-3-10 OF THE CITY CODE OF APACHE JUNCTION, ARIZONA; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I Section 8-3-3(A) of the City Code of Apache Junction, Arizona, is hereby amended as follows• The words "one percent of the gross proceeds" are hereby stricken and are replaced by "one and one-half (1 1/2) percent of the gross proceeds." SECTION II Section 8-3-10 of the City Code of Apache Junction, Arizona is added to read as follows "Section 8-3-10 Sunset and Tax Use Provisions Any tax levied by Section 8-3-3 of this chapter shall remain at one and one-half (1 1/2) percent until such time as Pinal County, Arizona enacts a County Transportation Excise Tax, pursuant to Chapter 8 3 of House Bill 2409 (1985), which enacts Arizona Revised Statutes, Section 42-1481 through Section 42-1491. On such date that the Pinal County, Arizona, County Transportation Excise Tax becomes effective, the tax rate stated in Section 8-3-3(A) shall be auto- " matically reduced to one (1) percent. For such period that the City of Apache Junction, Arizona levies a Section 8-3-3 tax at the rate of one and one-half (1 1/2) percent, thirty-three and one-third (33 1/3) percent of the revenues collected from such tax shall be allocated for transportation expenditures within the City limits of Apache Junction, Arizona Transportation expenditures shall include, but are not limited to, paving of roadways, acquisition of right-of-ways, installation of signs or traffic control devices, installation of curbs and gutterings, and installation of street lights. SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed SECTION IV PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause, or portion of this Ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF JANUARY , 1986. Norman S. Hill Mayor Proposed to be repealed by Ordinance No. 470 ATTEST #7_162--,_} -z��Q�L;yKen Connelly v City Clerk APPROVED AS TO FORM: XALAiw �� Davi Alexander City\ttorney III III ORDINANCE NO 468 PAGE TWO OF TWO rs ORDINANCE NO. 470 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, ARTICLE 8-3'TRANSACTION PRIVILEGE TAX , SECTION 8-$-3(A) PERCENTAGE OF TAX AND BUSINESS LIABLE TO TAXATION AND SECTION 8-3-10 SUNSET AND TAX USE PROVISIONS, BY REPEALING ORDINANCE NO. 468 AND ADOPTING IN LIEU THEREOF ORDINANCE NO 470 PERTAINING TO ADOPTION OF AN ADDITIONAL ONE-HALF CENT (1/24) SALES TAX; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That the Apache Junction City Code, Chapter 8 BUSINESS, Article 8-3 TRANSACTION PRIVILEGE TAX, Section 8-3-3(A) Percentage of Tax and Business Liable to Taxation and Section 8-3-10 Sunset and Tax Use Provisions, be amended to read as follows Section 8-3-3(A) Percentage of Tax and Business Liable to Taxation. The words "one percent of the gross proceeds" are hereby stricken and are replaced by the words "one and one-half (11) percent of the gross proceeds." Section 8-3-10 Sunset and Tax Use Provisions Any tax levied by Section 8-3-3 of this chapter shall remain at one and one-half (11) percent until such time as Pinal County, Arizona, enacts a County Transportation Excise Tax, pursuant to Chapter 8 3 of House Bill 2409 (1985), which enacts Arizona Revised Statutes §42-1481 through §42-1491 On such date that the Pinal County, Arizona, County Transportation Excise Tax becomes effective, the tax rate stated in Section 8-3-3(A) of this chapter shall be automatically reduced to one (1) percent For such period that the City of Apache Junction, Arizona, levies a Section 8-3-3(A) tax at the rate of one and one-half (12) percent, thirty-three and one-third percent (33 1/3) of the revenues collected from such tax shall be allocated for transportation expenditures within the City limits of Apache Junction, Arizona Transportation expenditures shall include, but are not limited to, paving of roadways, acquisition of rights-of-way, installation of signs or traffic control devices, installation of curbs and gutterings, and installation of street lights SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed ORDINANCE NO. 470 PAGE ONE OF TWO 411mTME! SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference if, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 NORMAN S HILL. Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVID F. ALEXANDER City Attorney ORDINANCE NO 470 PAGE TWO OF TWO i I► ROLL CALL VOTE SHEET NOTES / n 1 / ° if 04)4 II. / /kif( 7' (/ o ITEM #4__ ME ETING OF /, gw MOTION BY: SECONDED BY: YE NO ABSTAINED VICE MAYOR BAKKEDAHL - COUNCILMAN EIDSON V COUNCILWOMAN GARDNER COUNCILMAN JIMENEZ Zz COUNCILWOMAN TAYLOR COUNCILMAN BALJO /11/ MAYOR HILL UNANI^1OUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE SHEET NOTES 1 40 4-to-') /V ')11 • ITEM # MEETING OF 1 // k° MOTION BY; SECONDED BY : 1(b6')/' Y NO ABSTAINED COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR COUNCILMAN BALJO VICE MAYOR BAKKEDAHL COUNCILMAN EIDSON COUNCILWOMAN GARDNER MAYOR HILL UNANIFIOUS IN FAVOR OPPOSED ABSTAINED TOTAL r_.2 ITEM NO. 4 I MOVE THAT ORDINANCE NO. 470, BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (NOTE: This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance. ) CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 470 BY TITLE ONLY. I MOVE THAT ORDINANCE NO. 470, AS READ BY THE CITY CLERK, BE (APPROVED AND ADOPTED/DENIED) . OR I MOVE THAT ORDINANCE NO. 470, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: ROLL CALL VOTE SHEET NOTES i P \ ` ITEM # 4 MEETING OF MOTION BY: k' SECONDED BY: -11011F- NO ABSTAINED COUNCILWOMAN GARDNER 2YE) COUNCILMAN JIMENEZ COUNCILWOMAN TAYLOR V COUNCILMAN BALJO VICE MAYOR BAKKEDAHL f COUNCILMAN EIDSON MAYOR HILL / 1 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL GraTMLI ITEM NO. 5 I MOVE THAT THE SPECIAL MEETING BE ADJOURNED INTO SPECIAL WORK SESSION AT P.M. //z2 w /.rooA '. ROLL CALL 1Lfr filfr us�e it � ROLL CALL ( PRESENT I ABSENT I M V} I MAYOR 'HILL / W.S.w.s.I VICE-MAYOR BAKKEDAHL ! V COUNCILMAN JIMENEZ v f • COUNCILWOMAN TAYLQR (/' VI Cam? LOUNCI LwOMAN GARDNERPI !V ( COUNCILMAN BALAQ ! IZ / 7 COUNCILMAN EIDSON ! I TOTAL [74 7f fri i STAFF PRESENT W.S. CITY MANAGER MICHAEL J. MCNULTY CITY CLERK Kathy Connelly FINANCE CONTROLLER Keith Lewis , (_, , DIRECTOR OF PLANNING Chuck Newcomer V DIRECTOR OF PUBLIC SAFTEY Bill McDaniel ,. -- ------- DIRECTOR OF PUBLIC WORKS Rich Broman . CITY ATTORNEY Mr. Alexander/Mr. Hirsch A.U.I2— ECONOMIC DEVELOPMENT SPECIALIST John Scho