HomeMy WebLinkAboutORD1507 ORDINANCE NO. 1507
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARZONA, AMENDING APACHE JUNCTION CITY
CODE VOLUME I, CHAPTER 4 ® FEES, ARTICL 4®1w PARES AND
RECREATION FEE SCHEDULE, IN ITSENTIRETY; AND ADOPTING BY
REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS
TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER
FEES, ARTICL -1 ® PARES AND RECREATION FEE SCHEDULE";
REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR
SEV RA ILITY; PROVIDING FOR PENALTIES; AND ESTABLISHING
AN EFFECTIVE DATE AND A REVOLVING SIXTY MONTH REVIEW
PERIOD.
WHEREAS, the mayor and city council last approved an amended
parks and recreation fee schedule on June 16, 2015 when it adopted
Ordinance No. 1415; and
WHEREAS, since that time, the City of Apache Junction Parks
and Recreation Department (the "Department") has continued to
experience increased use of its facilities and programs; and
WHEREAS, some of the current fees and usage regulations do not
coincide with the actual usage, cost and desired practice of the
Department; and
WHEREAS, to accommodate high use and demand for all users of
facilities, the Department desires to establish a separate rate for
non-residents for the use of the facilities; and
WHEREAS, it is also the desire of the mayor and city council
to allow commercial activity at the facilities and establish
appropriate fees for such use; and
WHEREAS, on May 5th, 2021 the parks and recreation commission
held a public hearing to consider the fees and recommended 7 ® 0 to
the council to approve the amendments; and
WHEREAS, on August 17th, 2021 a council work session was held
to discuss the fee changes; and
WHEREAS, on November 16th, 2021 a council public hearing was
held to discuss the fee changes where the public had the
opportunity to provide comments; and
WHEREAS, the pre-hearing posting and notice procedures were
strictly followed pursuant to A.R. § 9-499. 15; and
ORDINANCE NO. 1507
PAGE 1 OF 3
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text, as long as the
adopting ordinance is published in full text and at least one paper
copy of the code changes or public record is filed in the office of
the clerk of the municipality and one electronic copy is accessible
on the city' s website and made available for public use and
inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . Existing Apache Junction City Code, Volume I, Chapter 4 : Fees,
Article 4-1 : Parks and Recreation Fee Schedule, is hereby
repealed in its entirety.
2 . That certain document known as the "2021 Amendments to the
Apache Junction City Code, Volume I, Chapter 4 : Fees, Article
4-1 : Parks and Recreation Fee Schedule", one paper copy and
one electronic copy which are accessible on the City' s website
and filed in the office of the city clerk, which document was
made a public record by Resolution No . 21-29 of the City of
Apache Junction, is hereby referred to, adopted and made a
part hereof as if fully set out in this ordinance, pursuant to
A.R. S . § 9-802 .
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 codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations 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 PROVIDING FOR PENALTIES
Any violation of the provisions adopted herein shall be punishable
ORDINANCE O. 1507
PAGE 2 OF 3
as a class one misdemeanor consistent with Apache Junction City
Code, Volume I, Chapter 1 : General, Article 1-1 : General, § 1-1-11,
Penalty.
SECTION V ESTABLISHING AN EFFECTIVE DATE AND REVOLVING FIVE
YEAR REVIEW PERIOD
The provisions of this ordinance shall take effect on January 1,
2022 and before the end of each sixty month period thereafter,
staff and the parks and recreation commission shall review the fees
and provide recommendations to the mayor and council for any
amendments .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2021 .
SIGNED AND ATTESTED TO THIS DAY OF 2021 .
WE—THENR "CHVI " WILSON
Mayor
ATTEST:
WNCTjQ
4vEN6 4I�iF-E'er R P NA
,ty Cler (b
APPROVED AS TO FORM: Ora
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1507
PAGE 3 OF 3