HomeMy WebLinkAboutORD1522 ORDINANCE NO. 1522
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, BY ADDING TO EXISTING CHAPTER 3:
ADMINISTRATION, ARTICLE 3-7 : PROCUREMENT PROCEDURE, NEW
SECTION 3-7-19, JOB ORDER CONTRACT-ING CONSTRUCTION
SERVICES; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PENALTIES.
WHEREAS, On October 5, 2021, the mayor and council of the
City of Apache Junction, Arizona (the "City") adopted Resolution
Nos . 21-45 and 21-46 ordering and declaring formation of
Superstition Vistas Community Facilities District No® 1 and No.
2; and
WHEREAS, creation of community facilities districts ("CFDs"')
serves as a method of reimbursing developers for certain critical
public infrastructure; and
WHEREAS, to build such infrastructure in today' s very
competitive construction industry market in an efficient manner,
the procurement of construction services can be obtained through
job order contracting ("JOC") ; and
WHEREAS, the current language of the code does not contain
guidelines for JOC provisions; and
WHEREAS, such modifications to the code were presented to
the council during a work session on February 14, 2022 and at a
public hearing on February 15, 2022; and
WHEREAS, municipalities may increase and set the maximum
allowable dollar amount per job order (currently $1, 000, 000 under
A.R. S . § 34-605, at seq. ) ; and
WHEREAS, staff and the developers who will be benefited by
the creation of the CFD have recommended an increase to the
statutory limit to meet construction industry demands ®
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That existing Apache Junction City Code, Volume 1, Chapter 3:
Administration, Article 3-7 : Procurement Procedure, be amended by
adding new section 3-7-19 : Job Order Contracting, as follows:
Section 3-7-19 : Job Order Contracting
ORDINANCE NO. 1522
PAGE 1 OF 3
A) Job order contracting procurement is permitted under this
code to maximize efficiency in high dollar construction projects .
B) Arizona law under A. R. S . § 34-605 (F) (1) sets the maximum
dollar amount of an individual job order at one million dollars
($1, 000, 000) .
C) This amount can be raised pursuant to the same statute by
the city council as long as contractual arrangements do not allow
job orders to be artificially divided or fragmented.
D) The maximum dollar amount under A.R. S . § 34-605 (F) (1) of one
million dollars ($1, 000, 000) is increased to five million dollars
($5, 000, 000) per job order.
E) All other provisions set forth in A. R. S . § 34-605, et seq® ,
relating to job order contracting, are applicable to procurements
under this code.
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 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 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
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a Class 1 Misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 ® General,
Article 1-8 : Penalty.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF 2022 .
SIGNED AND ATTESTED TO THIS DAY OF 2022 .
WALTER HIP" WILSON
Mayor
ORDINANCE NO. 1522
PAGE 2 OF 3
ATTEST:
4ENNFER E2NA
y Gle k
APPROVED AS TO FORM
42)f
RICHARD J® STERN
City Attorney
ORDINANCE NO. 1522
PAGE 3 OF 3