HomeMy WebLinkAbout2021 01.19 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
www.ajcity.net
Ph:(480)982-8002
Tuesday,January 19,2021 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 0-651 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 20-62 Consideration of approval of minutes of the regular meeting of January
5, 2020.
Sponsors: Jennifer Pena
Attachments: Minutes
3. 20-649 Consideration of approval of an award of contract to Morgan
Pavements for the slurry sealing of select city streets. The work is
planned for Spring, 2021 and will be through the City of Buckeye
cooperative job order contract No. 2019005-7 in the amount of
$407,762.46, plus a 10% contingency for unforeseen change orders in
the amount of$40,776.24, for a total project cost not to exceed
$448,538.70. Work will result in a new street wearing surface for the
Sunrise Canyon, Cortez Ranch, Superstition Vistas Mobile Estates
and Palm Springs (Eastern portion)subdivisions. Project was
presented and discussed as part of the FY 20/21 CIP and Street
Maintenance Plan at the June 16, 2020 City Council Meeting.
Sponsors: Shane Kiesow
Attachments: SST20-25 Morgan RS AIT Staff Memo
SST20-25 Aclreernent-Morgan I0ec2020
City of Apache Junction,Arizona Page 1 Printed on 111312021
City Council Meeting Agenda January 1V.2021
4^ 21-01U8 Consideration of approval of Resolution No. 21-01 adopting a
supplemental defined contribution plan sponsored through Nationwide
for all city eligible offimsna and employees administered through the
Arizona State Retirement System at no cost hothe city.
Sponsors: Liz Riley
Attachments: HR Director Staff Memo 01192021
Resolution 21-01 Nationwide Def Comp
5. 21-021 As required by Apache Junction City Code, Volume |. Chapter 3:
Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C).
the city manager ia seeking ratification for the removal ofDonna
W1einerta from the position of Finance Director and ratification for
appointment of Leslie DeRooheto the position of Finance Director.
Sponsors: Matt Busby
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
6' 21-0C23 Presentation of proclamation designating the month of January 2O21
ao Speak Up, Stand Up, Save o Life month.
Sponsors. Bryant Powell
Attachments: Speak Up, Sjagnd Up Save a Life
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
7' 20-653 Announcement nf current events from mayor and counci|membors.
Somxax:. Chip Wilson
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
8. 20-688 City Manager's Report.
Somxmus. Bryant Powell
9, 21-025 Introduction of and discussion with Apache Junction Finance Director
Leo|iaDeRaohe.
Smxvuum. Bryant Powell
City vr Apache Junction,Arizona Page Printed vnxnuoox1
City Council Meeting Agenda January 19,2021
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
10. 20-647 Presentation, discussion and public hearing and consideration of
Ordinance No. 1498, amending the Apache Junction City Code,
Volume 1, Chapter 4:Fees; Article 4-4: Development Services Fees, §
4-4-3 Planning, Subdivision and Zoning Fees.
Sponsors: Larry Kirch
Attachments: Council Chao 4 Fees Dev Services Memo 01-19-2021
Draft Ordinance 1498 MPC Fees
2020-21 P&Z Fees Comparison for iNebsite.docx
11. 21-009 Presentation, discussion and public hearing on proposed annexation
case AN-1-20. This is a privately-initiated annexation request by Dan
Bonow, representing D.R. Horton Inc. and the Arizona State Land
Department, proposing to annex an area approximately 6,600 acres in
size, generally located south of the Elliot Avenue alignment, east of
Meridian Drive, north of the State Route 24/Frye Road alignment and
west of the CAP canal. Tonight's hearing is for discussion and public
input purposes only.
Sponsors: Rudy Esquivias
Attachments: AN-1-20 discussion report w exhibits
12. 20- 76 Presentation, discussion, public hearing and consideration of
proposed Ordinance No. 1499, case PZ-7-19, a city-initiated rezoning
of a 2.37-acres property located at 978 E. Roosevelt Street, from
General Rural Low Density Single-family Detached Residential
("RS-GR")to Medium Density Single-family Detached Residential by
Planned Development("RS-20/PD")for the purpose of creating land
split and development opportunities.
Sponsors: Rudy Esquivias
Attachments: PZ-7-19 CC Memo+Staff Re orts
Ordinance 1499 Draft
PZ-7-19 CC Presentation
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
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City Council Meeting Agenda January 19,2021
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
13. 21-008 Discussion and consideration of Resolution No. 21-03, declaring as a
public record and amending a certain document filed with the city clerk
entitled "City of Apache Junction Classification Plan for Fiscal Year
2020-2021"to create a Principle Engineer position.
Sponsors: Larry Kirch
Attachments: Staff Memo
Res 21-03
14. 21-017 Discussion and consideration of approval for purchase of Lenco
BearCat armored vehicle for the Apache Junction Police Department's
Special Weapons and Tactics ("SWAT") Unit in the amount of
$298,075.00.
Sponsors: Thomas Kelly
Attachments: Memo-CC-SWAT BearCat 01-07-2021
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
15. 20-655 The next regularly scheduled Work Session is February 1 st, and the
next regularly scheduled Council Meeting is February 2nd, 2021.
Sponsors: Bryant Powell
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter;3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three(3)minute time limit per
speaker.
City of Apache Junction,Arizona Page 4 Printed on 111312021
City Council Meeting Agenda January 19,2021
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 5 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 20-651
Sponsor:Jennifer Pena Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 20-652
Sponsor:Jennifer Pena Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of January 5, 2020.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
www.ajcity.net
Ph:(480)982-8002
Tuesday,January 5,2021 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Serdy called the council meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Wilson gave the invocation and Councilmember Struble led the meeting attendees in
the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Schroeder
Councilmember Struble
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Al Bravo, Public Information Officer
Thomas Kelly, Chief of Police
Jill Bright, Deputy City Clerk
D. CONSENT AGENDA
Councilmember Barker moved,seconded by Councilmember Evans to accept the consent agenda
as presented.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Mayor Serdy stated that there will be no call to the public tonight.
1. 20-678 Consideration of acceptance of agenda.
2. 0-679 Consideration of approval of minutes of the regular meeting of December 1,
2020.
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes January 5,2021
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
3. 20-630 Presentation of plaques to city councilmembers Barker, Struble and Mayor
Serdy for their years of service and any related comments from
councilmembers and staff.
Mayor Serdy acknowledged and thanked outgoing Councilmember Barker for her outstanding
service and dedication for the past 22 years on the city council and many other organizations
within the community.
Councilmember Barker thanked the voters for allowing her to represent the city for 22 years.
She thanked city staff for always supporting her.
Councilmembers thanked Ms. Barker for her work and time on the council.
Ms. Barker took a seat in the audience.
Mayor Serdy acknowledged and thanked outgoing Councilmember Struble for his outstanding
service and dedication for the past 4 years on the city council and other organizations within the
community.
Councilmember Struble told a joke and shared that it has been an honor to serve on the city
council. He thanked city staff for carrying out what council decides on and thanked the residents
for allowing him to serve.
Councilmembers thanked Mr. Struble for his work and time on the council.
Mr. Struble took a seat in the audience.
Mayor Elect Wilson acknowledged and thanked outgoing Mayor Serdy for his outstanding
service and dedication as a councilmember and mayor for the past 13 years as well as other
organizations within the community.
Mayor Serdy thanked city staff for always making council look good and hopes that the new
council will continue moving forward.
Councilmembers thanked Mr. Serdy for his work and time on the council.
Mr. Serdy took a seat in the audience.
4. 20-536 Oath of office and seating of newly elected mayor and councilmembers. As
required by law, the city clerk will administer the oaths of office to Mayor-elect
Wilson and Councilmembers-elect Nesser, Biggs and Gremmel.
City Clerk Jennifer Pena explained the process of the swearing in ceremony.
Mayor Elect Wilson took his Oath of Office, was presented with a Certificate of Election and
took a seat at the dais.
Councilmember Elect Nesser took her Oath of Office, was presented with a Certificate of
Election and took a seat at the dais.
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes January 5,2021
Councilmember Elect Biggs took his Oath of Office, was presented with a Certificate of Election
and took a seat at the dais.
Councilmember Elect Gremmel took her Oath of Office, was presented with a Certificate of
Election and took a seat at the dais.
City Clerk Jennifer Pena announced that the obligations of state law and the city code have been
met and the council can proceed with the remaining items on the agenda.
Councilmember Nesser thanked her family and friends for attending and thanked the voters for
electing her and promises to do the best to her ability.
Councilmember Biggs thanked the voters for trusting him to be a part of the city council and
thanked his parents and friends for attending tonight.
Councilmember Gremmel thanked Judge Coleman for swearing her in. She thanked her family
for attending and watching from home. She looks forward to working with the council and city
staff and thanked the voters for allowing her to serve them.
Mayor Wilson thanked his family for attending tonight and thanked the voters for electing him as
mayor.
F. ANNOUNCEMENT OF CURRENT EVENTS
Councilmember Evans shared that the Apache Junction Community Development Corporation
is allowing citizens to pay for a brick with their name or a message on it on their website and it
will be laid at the focal point.
Councilmember Rizzi shared that this Saturday from 9:00am-3:00pm at Flatiron Park there is
going to be a prayer walk.
G. CITY MANAGER'S REPORT
City Manager Bryant Powell shared that he is proud to be a part of this community and to
welcome the new council.
H. PUBLIC HEARINGS
I. OLD BUSINESS
J. NEW BUSINESS
5. 20-537 Consideration of nomination and selection of vice mayor as required by city
code.
Mayor Wilson asked if there is anyone on the council not wishing to be elected as vice mayor.
Councilmember Gremmel stated that she would prefer not to be nominated.
Mayor Wilson asked for a motion to open nominations for the office of vice mayor.
Councilmember Nesser moved,seconded by Councilmember Biggs that we open nominations for
the office of vice mayor.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes January 5,2021
Motion passed 7-0.
Councilmember Nesser nominated Councilmember Rizzi for the office of vice mayor.
Councilmember Biggs nominated Councilmember Schroeder for the office of vice mayor.
Councilmember Evans nominated Councilmember Evans for the office of vice mayor.
Mayor Wilson asked if there are any other nominations.
Mayor Wilson asked if there are any other nominations.
Mayor Wilson asked if there are any other nominations.
Mayor Wilson asked for a motion to close nominations.
Councilmember Nesser moved,seconded by Councilmember Gremmel that we close nominations
for the office of vice mayor.
Motion passed 7-0.
Mayor Wilson asked for a roll call vote on the individuals nominated for the office of vice mayor
in the order in which they were nominated.
Councilmember Rizzi-Motion passed 4-3 to select Councilmember Rizzi has vice mayor.
6. 20-533 Discussion and designation of acting mayor in accordance with Apache
Junction City Code Section 2-2-3 Acting Mayor. This item allows the council
to designate one of its members to be acting mayor during the absence of
both the mayor and vice mayor. The person will be able to conduct meetings
and act in the event of emergency situations.
Councilmember Bigss moved,seconded by Councilmember Evans that Councilmember
Schroeder be designated as acting mayor according to Apache Junction City Code section 2-2-3
for the time period beginning January 5,2021 and ending January 3,2023.
Motion passed 7-0.
City Clerk Jennifer Pena explained what an acting mayor is.
7. 20- 39 Consideration of designation of city council check signatories. City checks
require the signature of a council member in addition to that of the city clerk.
Councilmember Biggs moved,seconded by Councilmember Nesser that Councilmember Evans be
designated as a check signer on city accounts in addition to the city clerk.
Motion passed 7-0.
Councilmember Nesser moved,seconded by Councilmember Gremmel that Councilmember
Biggs be designated as a check signer on city accounts in addition to the city clerk.
Motion passed 7-0.
City Clerk Jennifer Pena explained that normally the mayor and vice mayor are designated as
check signers on city accounts.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes January 5i2V21
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
N. ADJOURNMENT
Mayor Wilson adjourned the council meeting at 8:13pm.
ACCEPTED THIS DAY OF . 2021. BY THE MAYOR
AND CITY COUNCIL {)F THE CITY OFAPACHE JUNCTION, AF<|ZONA.
SIGNED AND ATTESTED T0 THIS DAY OF . 2021.
VVALTER''CH|P^VV|LG{}N
Mayor
ATTEST:
JENN|FERPENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of . 2021. | further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of . 2021.
JENN|FERPENA
City Clerk
City vr Apache Junction,Arizona Page
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 20-649
Sponsor: Shane Kiesow Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Consideration of approval of an award of contract to Morgan Pavements for the slurry sealing of
select city streets. The work is planned for Spring, 2021 and will be through the City of Buckeye
cooperative job order contract No. 2019005-7 in the amount of$407,762.46, plus a 10%
contingency for unforeseen change orders in the amount of$40,776.24, for a total project cost
not to exceed $448,538.70. Work will result in a new street wearing surface for the Sunrise
Canyon, Cortez Ranch, Superstition Vistas Mobile Estates and Palm Springs (Eastern portion)
subdivisions. Project was presented and discussed as part of the FY 20/21 CIP and Street
Maintenance Plan at the June 16, 2020 City Council Meeting.
City of Apache Junction,Arizona Page 1 Printed on 111312021
Public Works Department
Home of the Superstition Mountains
Date: November 19, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Project#: SST20-25 Award
City staff respectfully requests city council consideration of award of contract to Morgan
Pavements for project SST20-25 for the slurry sealing of select streets within the city per the
FY21 CIP & Street Maintenance Plan presented and discussed with city council on June 16,
2020. Project includes the slurry seal of streets within the Sunrise Canyon, Cortez Ranch,
Superstition Vistas Mobile Estates and eastern most portion of Palm Springs subdivisions. Work
is planned to be conducted during the daytime only with only restrictions of short duration to
residential driveways with no road closures. Public notification is planned to include advance
notice signage of upcoming maintenance, fliers for area residents along with a news release of
the upcoming work planned for the spring of 2021.
Project is budgeted with the use of the city's street sales tax monies.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005
CITY OF APAC E JUNCTION
STREET MAINTENANCE GREE ENT
PROJECT NO.: SST20-25
"Spring 2021-Slurry Seal"
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation and MOR 4
PAVEMENTS, an Arizona corporation, ("Contractor''), sometimes collectively
referred to as the#"Parties",or individually as a"Party„
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the completed products, goods and services (the "Work") called for in
the City of Buckeye cooperative job order contract no.2019005.07 and
Contractor's Estimate dated September 18, 2020 (the "Contract
Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Cade,
Vol. 1, Chapter 3, AdminliA on,Article -7, Procurement Procedures,
or such work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to reader the Work in accordance with the terms and conditions set forth
as follows.
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed_ in a good workmanlike manner, the Work in
accordance with and as more fully described in the City of Buckeye cooperative
job order contract no. 201 005-07 and Contractor's estimate dated September
18 2020 including,but not limited to:
A. Apply on asphalt pavement within existing right-of-way one
course of type 11 slurry seal wearing surface in the following
areas.
a. Cortez Ranch subdivision, Estimated area of coverage of
type 11 slurry seal is 22,598 square yards.
b. East Palm springs area. Estimated area of coverage of
type Ii slurry seal is 43,260 square yards.
c. Sunrise Canyon subdivision. Estimated area of coverage of
type 11 slurry seal is 79,660 square yards.
B. Provide traffic control with plan to be pre-approved by the City.
Use only Apache Junction Police Department uniformed police
officers as appropriate.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed four hundred severe thousand seven
hundred sixty-two dollars and forty-six cents ( 407,7 2; 6) (the `*Contract Sum")
for the performance of the Work under the Contract Documents. All contracts
will be operable for their full term at the rates quoted in the initial bid proposal,
finless otherwise extended in writing by the City. Once City finds the Work
acceptable under the Contract Documents, City shall promptly submit for
processing a certificate for payment stating that, to the lest of its knowledge,
information and belief on the basis of its observation and inspection, the Work
has been completed in accordance with the terms and conditions of the Contract
Documents and that partial payment or the balance clue the Contractor is
payable.
. CONTRACT TERM. Upon Notice to Proceed by the City, Contractor
shall begin Work no sooner than March 1, 2021 and shall complete it no later
than .June 30, 2021. This provision does not limit the liability of Contractor for
actual damages sustained by City as a result of any breach'of contract or
warranty by Contractor. Extensions may be approved at times as the Parties
mutually deem fit:
4. LABOR AND MATERIALS: Unless otherwise provided in the
Contract Documents, Contractor shall provide, pay for and insure under the
requisite laws and regulations all labor, materials, equipment, tools and
machinery, water, heat, utilities, transportation, other facilities and services
necessary for the proper execution and completion of the Work, whether
temporary or permanent, and whether or not incorporated or to be incorporated
in the Work:
. INSPECTIONS„ANQ UALITY OF WORK: Contractor understands and
�� r
agrees that inspection cf the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion, whether the Work has been performed in accordance with the
2
Contract Documents. Contractor further agrees to make such corrections to the
Work as may be directed by City to conform to said Contract Documents.
. WARRANTY Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (d) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work
or materials at the time of maintenance Work shall not be deemed an acceptance
and Contractor will be required to correct defective Work or materials at any
time before acceptance. Within one (1)year from the date of acceptance dine to
faults in workmanship or materials, Contractor shall begin making the necessary
repairs to the satisfaction of City within fourteen (14) calendar days of receipt of
written notice from City. Such Work shall include the repair or replacement of
other Work or materials damaged or affected by making the above repairs or
corrective work all at no additional cost to City. In the case of Work materials or
equipment for which warranties are required by the special provisions of the
Contract Documents, Contractor shall provide or secure from the appropriate
subcontractor or supplier such warranties addressed to and in favor of City and
deliver same to City prior to final acceptance of the Work. Delivery of such
warranties shall not relieve Contractor from any obligation assumed under any
other provision of the contract. The warranties and guarantees provided in this
subsection shall be in addition to and not in limitation of any other warrantees,
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
? TAXES: Contractor shall pay all license, sales,transaction privilege,
consumer, use and either similar taxes for the Work or portions thereof provided
by Contractor which are legally enacted at the time bids are received whether or
not yet effective or subsequently applicable due to acts of jurisdictions or bodies
other than City.
. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all permits, government fees,
licenses and inspections necessary for the proper execution and completion of
work which are customarily secured after execution of the contract and which
are legally required. Contractor shall give all notices and comply with all laves,
ordinances, rules, regulations and lawful orders of any public authority bearing
on the performance of the Work. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees to obtain a
business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1,
and keep such license current during the term of this Agreement and after
termination of this Agreement any time work is performed pursuant to the
warranty provisions set forth in Section 6. Contractor also acknowledges that
3
the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply
and if so, shall obtain a transaction privilege licenseand/or ether licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses. Further,Contractor agrees to pay all applicable privilege
and use taxes that are applicable to the activities, products and services
provided under this Agreement.
9. INDEPENDENT CONTRACTOR:Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent contractor. Contractor's employees shall under no circumstances
be considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes, or provide workers'
compensation or unemployment insurance for or on behalf of them : or
Contractor. Contractor shall supervise and direct the delivery of the materials
using its best skill and attention. Except as provided in this Agreement,
Contractor shall be solely responsible for all construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the
Work required by the Contract Documents. Contractor shall be responsible to
City for the acts and omissions of its employees,subcontractors and their agents
and employees and other persons providing any of the Work.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractor and communications given to the superintendent shall be as
binding as if given to Contractor. Important communications shall be confirmed
in writing. The designated superintendent shall be designated for each project
and communicated to City before the Work is performed.
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated Work progress schedule,
which shall be maintained and updated duringi the project. Work may progress
during regular City business hours only if it is determined by City not to disturb
normal operations.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and held harmless City, its elected and
appointed officers, officials,agents,and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses,including attorney and expert witness fees,arising from or connected
with, or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions the Work
or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement, but only to the extent
4
caused by the negligence, recklessness or intentional wrongful conduct of
Contractor or its subcontractors in the }performance of this Agreement or any
subcontract. Contractor's duty to defend,hold harmless and indemnify City,any
special districts, elected and appointer) officers, officials, agents, and
employees shall arise in connection with any tortious claim, damage, loss or
expense that is attributable to bodily injury, sickness, disease, death, or injury
to, impairment, or destruction of property including loss of use;resulting
therefrom, caused by an Contractor's acts, errors,mistakes, emissions, work or
services in the performance of this Agreement including any employee of
Contractor,any tier ofContractor's subcontractor or any other person for whose
acts, errors, mistakes, omissions, work or services Contractor may be legally
liable,
13. SUBCONTRACTORS: All subcontractors chosen by Contractor will
be subject to City's approval. All subcontractors shall be identified by
Contractor prior to award of contract: Contractor shall make no substitutions
for any subcontractor, person►or entity previously selected without the approval
of City.
14. APPLICABLE LAW AND VENUE; The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or Condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including:
all litigation and appeal expenses, collection` expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duty licensed,
possessing a current4.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
Work required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may,at the sole
discretion of City,constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respects the City,and any
insurance or self-insurance maintained by City shall not contribute to it.
5
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City:
The insurance policies,except Workers' Compensation, shall contain a waiver of
transfer rights of recovery {subrogation) against City,: its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes,omissions,Work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductibleand/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible acid/or self retention
and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. !City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from,or be deemed a waiver of,;City's"right
to insist on strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name 'City, its agents, officers,
officials and employees as Additional Insureds,
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
not - less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage Will be
t least as broad as that on Insurance Service' "Office, Inc.`Policy Form No. CG
00011093,or the equivalent thereof.
Such policy shall contain a severability of interest prevision, and shall not
contain a sunset prevision or commutation clause, nor any provision which
would serve to limit third party action over claims.
6
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
G 20101185, or the equivalent thereof, and shall include coverage for
Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the Work,
Contractor shall purchase and maintain, at all times during prosecution of the
Work, under this Agreement, an Owner and Contractor's Protective liability
insurance policy for bodily injury and property damage, including death, which
may arise in the prosecution of Contractor's Work, under this Agreement.
Coverage shall be on an occurrence basis with a limit not less than $1,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Contractor's Commercial General liability insurance
Automobile liability
Contractor shall maintain Commercial/Business Automobile liability insurance
with a combined single limit for bodily injury;and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
and non-awned vehicles assigned to or used in performance of Contractor's
Work. Coverage will be at least as broad as coverage>code 1, "arty auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and off loading
hazards. If hazardous substances, materials or wastes are to be transported,
INKS 99 endorsement shall be included and $5,000,000 per accident limits for
bodily injurer and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work; and, Employer's liability
insurance of not less than $100,000 for each>accident, $100,000 disease for
each employee, and $ 00,000 disease policy limit.
By execution of this Agreement, Contractor certifies as follows.
"I am aware and understand the provisions of A.R.S. § 23-900 of :seq.
which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required,Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Contractor's insurers), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full farce and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms"of this Agreement, and shall be
issued and delivered to City Attorney, City:of Apache Junction, 300 :East
Superstition Boulevard,Apache Junction,AZ, 85119.
In the event any insurance policies required by this Agreement are written can a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Contractor's Work and as evidenced by annual Certificates of
Insurance.
If a policy sloes expire during the life of the Agreement, a renewal certificate
must be seat to City thirty(30) calendar flays prier to the expiration date.
Aii Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement(or a substantially equivalent insurance company farm acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirt (30)calendar days' prior written notice to City.
16. CHANGE ORDERS A change order is a written sutler to Contractor,
approved by the City representative, issued after execution of this maintenance
agreement authorizing a change: in the Work or an adjustment in the
maintenance agreement sum or the maintenance agreement time. A change
order signed by Contractor indicates their agreement therewith. City may,
8
without invalidating this maintenance agreement, order changes in the Work
within the general scope of the maintenance agreement consisting of additions,
deletions or other revisions, the maintenance agreement sum and the
maintenance agreement being adjusted accordingly. All such changes in the
Work shall be authorized by change order and shall be performed under the
applicable conditions of this maintenance agreement. The City representative
shall have authority to order miner changes in the Work not involving an
adjustment in the maintenance agreement sum or extension of maintenance
agreement time and not inconsistent with the intent of this maintenance
agreement. All such changes shall be effected by written order and shall be
binding upon City and Contractor. All change order disagreements of the
Contractor shall be submitted in writing to the City Manager within five { }
calendar days after the difference of opinion or grievance occurs. Within five (5)
calendar days of receiving a written grievance, the City Manager shall respond
in writing to the Contractor and city staff' representative. The City Manager's
decision shall be final and binding
17. SUC ESSQRS ASSIGNMENT.& t3EL EGATit7N: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other`Party in respect to all covenants,
agreements and obligations contained in the contract documents. Neither Party
to the contract shall assign the contractor sublet it as a whole or delegates the
duties thereunder,without the written consent of the other, nor shall Contractor
assign any monies due or to become due to it without the previous written
consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been
duly served if delivered in person to the individual or member of the firm or
entity, or to an office of the corporation for wham it was intended or if delivered
at or sent registered or +certified mail, return receipt requested, and first class
postage prepaid to the last business address known to them who gives the
notice.
19. CLAIMS FOR DAMAGES. Should either Party to the contract suffer
injury or damage to personal property because of any act or omission of the
other Marty or of their employees or agents for whose acts they are legally liable,
claims shall be made in writing to such other-parties within a reasonable time
after the first observance of such injury or damages.
20. PAYMENT &PEREQR ANCE BQNOS. City shall have the right to
require Contractor to furnish bands covering the faithful performance of the
contract and the payment of all obligations arising hereunder.- When required,
standard bond forms must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms.
21. SAFETY: Contractor -and/or its subcontractors shall be solely
responsible for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute; a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act constitute an approval of
or an acquiescence to any breaches hereunder except as may be specifically
agreed to in writing.
. FORGE JEURE: Neither City nor Contractor, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced Delay") due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or rnaterialmen clue to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strife or interruption, extortion, sabotage, ;or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors, subcontractors, vendors
or investors desired by Contractor in connection with the obligations under this
Agreement.- Contractor agrees that Contractor alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however,that the Party seeking the benefit of the provisions of this Section shall,
within thirty (30) calendar days after such Party knows or should knew of any
such Enforced Delay, first notify the other Party of the specific delay in writing
and claim the right to an extension for the period of the Enforced Delay, and
provided further that in no event shall a period of Enforced Delay exceed ninety
(90) calendar days.
24. TERMINATION:
A. TERMINATION BY CITY. City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee, they
believe Contractor has failed to meet the terms of this Agreement. City shall
10
provide Notice of Termination to Contractor by Certified U.S. Mail ten (10)
calendar days before such termination takes effect.
B. TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement if City fails to make payment as agreed upon in this document. Any
other termination will be deemed a 'breach of; contract by Contractor.
Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten
10)calendar days before such termination takes effect.
25. RECORDS: Records of Contractor's labor, payroll and other casts
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on;request. Contractor shall
maintain records for a period of at least two (2) gears after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel during regular
business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration
or variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto, and that oral understandings
or agreements not incorporated herein shall not be binding on the Parties. The
representatives of the Parties (signatory for Contractor noted below or his or her
designee, and the City Manager, or his or her designee), shall be authorized to
execute future amendments or extensions of this Agreement,
27. ENTIRE AGREEMENT: This Agreement and any attachments represent
the entire agreement between City and Contractor and supersede all prior
negotiations, representations or agreements, either express or implied, written
or oral. It is mutually understood and agreed that no alteration or variation of the
terms and conditions of this Agreement shall be valid unless made in writing and
signed by the Parties hereto. Written and signed amendments shall
automatically became part of the supporting documents, and shall supersede
any inconsistent provision therein; provided, however, that any apparent
inconsistency shall be resolved, if possible, by construing the provisions as
mutually complementary and supplementary.
28, SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance- of this Agreement are in compliance with all
applicable" laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision,law, regulation,or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
I I
the same rights and benefits(economic and otherwise) to the Parties as if such
severance and reformation were not required, Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with,the provisions of A.R.S. §38-511.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT.0 THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§35-
393 through 35-393.0 , as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
32. Ct7MPtlANCEun„ WITH FEDERAL AND rt r STATE „LAWS: Contractor
,
understands and acknowledges the applicability of the American with
Disabilities Act, the immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1939 to the services per-formed per-formed under this Agreement.
As required by A.R.S. § 1-4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A . Contractor further warrants that after hiring an employee,
Contractor will verify the employment eligibility of the employee through the E-
Verify- program. if Contractor uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that rebate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to>and including
termination of this Agreement. Contractor is subject to a penalty of$100 per day
for the first violation, $500 per day for the second violation, and $1,000 per day
for the third violation. City at its option may terminate this Agreement after the
third violation. Contractor shall not be deemed in material breach of this
Agreement if the Contractor andlor subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274E of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Contractor or subcontractor employer; who works under this Agreement to
12
ensure that the Contractor or subcontractor is complying with the warranty. Any
inspection will be conducted after reasonable notice and at reasonable times. If
state law is amended, the Parties may modify this paragraph consistent with
state law.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
2020.
CONTRACTOR:
MORGAN PAVEMENT, an Arizona
cor
' X -
K, 11 Xr�S15V\
BY:
Its: &7c*%15:����
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By:
Its:May ...... .........
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
' 4t-" 11-12,-20
Richard J. Stern
City Attorney
13
STATE OF
COUNTY OF l SS.� �
The foregoing was acknowledged before me this day of
2020,by t�� _ as Of
Morgan Pavements:
Notary Public
My Commission Expires: BR11TAwyear
ry Public Aftwil
-
P#nat county
STATE OF ARIZONA }
SS.
COUNTY OF )
The foregoing was acknowledged before me this day of ,
2020,by Jeff Serdy as Mayor of the City of Apache.Junction,an Arizona municipal
corporation.
Notary Public„
My Commission Expires:
EXHIBIT A
MOPGANPAVEMENT
19 Cast lath Aven u2
Mov.4
eas-4
RCIENcv WrrH IN Get
To: City of Apache xnction contact Shane lckrsow
Address 575 E.Baseline Avenue P 480-474-851
Apache3urcdon,AZ OS119 Few
Project Name: city of e:kncton S urry Seal Bid rrber: Pricing Per City Of Buckeye
cooperative Contract aR 201 -07
Project Location: Various dents,Apache-)unction,AZ aid D 911 2t #
Item Description Estimated Quanlity Unit Ur#tPrk"e To Price
Cortez Ranch
c(,revicdJ ri 22 M SY $294W 164,178.32
Clow Entire Surface Pre Of Dirt And Debris
Apply Type 11 S9urry Seal
ww WorkTo Be Done In 3
**Includes Traft Control DrAces,Setup And Take Down For Phastrig
Maps Included In Sld.Does Not Include Flaggers,Message Boards,off-
duty Police officers
ing 1100 LS $4741,00
Paint 2 Stop Bars
Striping To BeComptated In 1 Phas*)
Total Pre for above Cortez Ranch Items: .65332
East Palm Springis
Lloan Entire Surface I'me,Of Dirt And Debris
Apply Type 11 Surry Seal
Work To Be Die In 4
**includes Traft Control Dawiceis,Setup And Take[fin For Phasino
Maps included In Bkl ones Net Include FiaW5,Message Boards;Off-
duty Police Offlcers**
513111111111, LOD LS $1 $1,075DO
Paint 16 Stop Bars
Strion g To Be Complelod In I P sf
Thal Price for above East Helm SprkKo Items- DO
Sunrise Canyon
h A rg rr 79fie=SY Vau $213,488DO
0ow Entire Surface Free OF Dirt And Debris
Apply Type 11 Slurry Seal
* Work To Be Done in F "
' includes Traft Control Devices,pup And Take Down for Phasing
Maps Included In Bid,Does Not Include FfaWers,Message Boards,Off-
duty Police C(Acers
L $1,
Paint 16 Stop Bars.
Paint 2 Crosswalks
Striping To Be Completed In I Phases}
Total Price for above SuaTrise Canyon I $2AO7320
CERTIFICATE I 1 I INSURANCE FDATE
313/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy;certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lied of such endorsements,
PRODUCER CONTACT
NAME: : rittn Sheldon
Arthur J.Gallagher Risk Manac�ernent Services,Inc. FAX
967 South River Gate Drive,9 PHONE 200 . U1-2 0-3209 A{c�o:8 7-524 1441
Salt Lake City UT 84047 ADDRESS. Brittnev Sheldon a" . o
INSURERS AFFORDING COVERAGE NAICO
INSURERA.National Union Fire Insurance Company of 1 445
INSURED MOPGPAV-01 INSURER 8 New Hampshire Insurance Company 23841
MorSouth Main Pavement Maintenance Inc.
625 So INSURER G:Great American L12 d°s Insurance Co art 38024
132
Clearfield UT 84089 INSURERD,Berkley National insurance Company 38911
' WSURER E
INSURER F
COVERAGES CERTIFICATE NUMBEI t3596 REVISION NUMBER:
THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREME T,TERM OR CONDITION OF ANY CONTRACT OR OTHER€OCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OFF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE A OL UB POLICY EFF POLICY EXP
LTR POLICYNUMS MIDO E An LIMITSM PERSONAL ADvINJuRY 4
1,000,000 0A X COMMERCIAL GENERALLIABILITY Y $180259 3/1)2020 EACH OCCURRENCE $1,000,000
CLAIMS-MADE- 1�1 EERTMT-
aocc 306,000
GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000
POLICY EK JECT E LOG PRODUCTS-COMPIOPAGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY 2961689 3/112020 wwwi M deC INGLELIMIT $1,000,000
ANY AUTO BODILY INJURY(Per Penton)
e ) $$
Os SUL 6
A ONLY AUT7 BODILY INJURY(Per accident) $
XUA NON-OWNED tP p GE
TOS ONLY LTOS ON fee aIcdlend
$
G X UMBRELLALLAB XOCCUR TUE 3345947 00 31112020 3/112021 EACH OCCURRENCE $5,000,000
EXCESS LPAB CLAIMS-MADE AGGREGATE $5,000.000
DEO I X I RETENTION$j0,300 $
B WORKERS COMPENSATION WC012016024 3f112020 3/112021 P�It OTH-
ND EMPLOYERS!LIABILITY Y 1 N sTATuT &R
AN'WROPRIETOWPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT 1.000,000
OFFIC EMSEREXCLUDED? Li
®.�
(Mandatory In NH) E.L.DISEASE-E EMPLOYEE $1,000,000
II yes,describe under
0 6RIPTION OF OPERATIONS below E1,DISEASE-POLICY LIMIT $1,000,000
D LeasedlRented Equiment MNP 1032632-50 311112020 3/112021 Llmdt 250,000
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(ACORD 10i,Additional Remarks Schedule,may be attached if meta apace is required)
City of Apache Junction,its officers,employees and agents are additional insured with respect to General Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD:ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE>THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
.City of Apache Junction AUTHORIZED REPRESENTATIVE
1988-2015 ACO D CORPORATION, All rights reserved.
CORD 25(2 16103) The A ORD dame and logo are registered marks of ACORD
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 21-018
Sponsor: Liz Riley Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 21-01 adopting a supplemental defined contribution
plan sponsored through Nationwide for all city eligible officers and employees administered
through the Arizona State Retirement System at no cost to the city.
City of Apache Junction,Arizona Page 1 Printed on 111312021
INTEROFFICE MEMO
TO: Mayor and City Council
THROUGH: Bryant Powell, City Manager
FROM: Liz Riley, HR Director
DATE: January 19, 2021
SUBJECT: NATIONWIDE SUPPLEMENTAL SALARY 457(B) DEFERRED
COMPENSATION PLAN ALTERNATIVE
Currently, eligible employees may participate in a deferred compensation
retirement plan offered by the International City Manager's Association Retirement
Corporation ("ICMA") and Nationwide. These plans are in addition to the
mandatory participation in the Arizona State Retirement System ("ASRS") and
Public Safety Personnel Retirement System ("PSPRS") general retirement plans.
A deferred compensation retirement plan under Internal Revenue Code ("IRC") §
457(b) (the "Plan") allows employees to contribute a portion of their salary for
retirement purposes. The benefits include earnings growth on a tax-deferred basis
and contributions not being taxed until the investments are distributed from the
plan.
Nationwide Retirement Solutions in 2017 partnered with ASRS to offer a
supplemental salary deferred 457(b) plan ("SSDP") which as noted in the portfolio
marketing documents offers lower management fees than ICMA's or Nationwide's
existing 457(b) plans, allows a Roth Individual Retirement Account option where
any increases in investment are not taxed, and offers a variety of mutual fund
investment opportunities and not just retail investment opportunities like the
current 457(b) plans.
Because the new plan does not include an employer-paid contribution, there is no
cost of making this impressive alternative available for city employees.
Resolution No. 21-01 authorizes the council to make this plan available to eligible
employees and staff recommends approval.
RESOLUTION NO. 21-01
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ADOPTING A SUPPLEMENTAL
DEFINED CONTRIBUTION PLAN SPONSORED THROUGH NATIONWIDE
FOR ALL CITY ELIGIBLE OFFICERS AND EMPLOYEES
ADMINISTERED THROUGH THE ARIZONA STATE RETIREMENT
SYSTEM.
WHEREAS, on December 22, 1993, the mayor and city council
("Council") passed Ordinance No. 884 establishing a policy
related to the use of Internal Revenue Code § 457 Retirement
Funds and Resolution No . 93-23 establishing a deferred
compensation plan for the City of Apache Junction ("City")
administered by the United States Conference of Mayors which
endorsed the Nationwide 457 plan; and
WHEREAS, on March 6, 1996, Council passed Resolution No .
96-05 establishing a deferred compensation plan offered through
the International City Managers Association Retirement
Corporation ("ICMA") ; and
WHEREAS, on November 4, 2003, Council passed Resolution No .
03-05 authorizing establishment of a governmental profit-sharing
plan and trust adoption agreement known as a "401 (A) " plan
offered through ICMA; and
WHEREAS, on March 15, 2016, Council passed Resolution No .
16-08 authorizing renewal of the 401 (A) plan and trust adoption
agreement with ICMA as required under federal law; and
WHEREAS, Council desires to make available to its employees
other financial retirement planning alternatives, such as the
Nationwide Retirement Solutions supplemental salary deferral
plan ("SSDP") for eligible City officers and employees to be
administered by the Arizona State Retirement System ("ASRS")
under Article 2, Chapter 5, Title 38 of the Arizona Revised
Statutes (see Exhibit A) .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
1) The City of Apache Junction hereby adopts the Nationwide SSDP
established by ASRS pursuant to A.R. S . § 38-781, for eligible
City officers and employees, more fully set forth in Exhibit A.
RESOLUTION NO. 21-01
PAGE 1 OF 2
2) This SSDP shall be a deferred salary retirement plan in
addition to the other available plans currently offered by the
City for eligible employees .
3) The city manager and his designees are hereby authorized and
directed to take any and all steps, including, without
limitation, execution of documents and agreements, necessary to
carry out the purpose and intent of this resolution.
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 .
CHIP WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-01
PAGE 2 OF 2
EXHIBIT A
(Name qrEMP/qw)
DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
457 GOVERNMENTAL PLAN AND TRUST
Document provided as a courtesy of:
Nat!onvis'W►ld e'a
Retirement Sol uvons
On Your Side
DC-4057-0211
457 Governmental Plan and Trust
457 GOVERNMENTAL PLAN AND TRUST
The Employer adopts this 457 1.06 "Code"means the Internal Revenue Code
Governmental Plan and Trust. The Plan is intended of 1986,as amended.
to be an "eligible deferred compensation plan" as
defined in Code §457(b) of the Internal Revenue 1.07 "Compensation" for purposes of
Code of 1986 ("Eligible 457 Plan"). The Plan allocating Deferral Contributions means the
consists of the provisions set forth in this plan employee's wages, salaries, fees for professional
document and is applicable to the Employer and each services, and other amounts received without regard
Employee who elects to participate in the Plan. If the to whether or not an amount is paid in cash for
Employer adopts this Plan as a restated Plan in personal services actually rendered in the course of
employment with the Employer,to the extent that the
substitution for, and in amendment of, an existing amounts are includible in gross income (or to the
plan, the provisions of this Plan, as a restated Plan, extent amount would have been received and
apply solely to an Employee on or after the execution includible in gross income but for an election under
of this Plan. The Plan is effective as to each Code §§ 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B),
Employee upon the date he/she becomes a Participant 402(k), and 457(b), including an election to defer
by entering into and filing with the Employer or the Compensation under Article III. See Section 1.16 as
Administrative Services Provider a Participation to Compensation for an Independent Contractor.
Agreement or an Acknowledgement Form/Card, Compensation also includes any amount that the
Internal Revenue Service in published guidance
ARTICLE I declares to constitute compensation for purposes of
DEFINITIONS an Eligible 457 Plan.
1.01 "Account"means the separate Account(s) (A) Elective Contributions. Compensation under
which the Administrative Services Provider or the Section 1.07 includes Elective Contributions.
Trustee maintains under the Plan for a Participant's "Elective Contributions" are amounts excludible
Deferred Compensation.The Administrative Services from the Employee's gross income under Code
Provider or Trustee may establish separate Accounts §§125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b),
for multiple Beneficiaries of a Participant to facilitate 408(p) or 457, and contributed by the Employer, at
required minimum distributions under Section 4.03 the Employee's election, to a cafeteria plan, a
based on each Beneficiary's life expectancy. qualified transportation fringe benefit plan, a 401(k)
arrangement, a SARSEP, a tax-sheltered annuity, a
1.02 "Accounting Date'means the last day of SIMPLE plan or a Code§457 plan,
the Plan Year.
(B) Differential wage payments. For years
1.03 "Acknowledgement Form/Card" means beginning after December 31,2008,(i)an individual
the application to the Administrative Services receiving a differential wage payment, as defined by
Provider to participate in the Plan when the Plan is a Code§3401(h)(2),shall be treated as an employee of
Social Security replacement plan. the employer making the payment;(ii)the differential
wage payment shall be treated as compensation; and
1.04 "Administrative Services Provider" (iii)the plan will not be treated as failing to meet the
means Nationwide Retirement Solutions, Inc. which requirements of any provision described in Code
acts as the third party administrative services §414(u)(1)(C) by reason of any contribution or
provider appointed by the Employer to carry out benefit which is based on the differential Wage
nondiscretionary administrative functions for the payment.
Plan.
1.08 "Deferral Contributions" means Salary
1.05 "Beneficiary" means a person who the Reduction Contributions, Nonelective Contributions
Plan or a Participant designates and who is or may and Matching Contributions. The Employer or the
become entitled to a Participant's Account upon the Administrative Services Provider (if applicable) in
Participant's death. A Beneficiary who becomes applying the Code § 457(b) limit will take into
entitled to a benefit under the Plan remains a account Deferral Contributions in the Taxable Year
Beneficiary under the Plan until the Beneficiary has in which deferred. The Employer or Administrative
received full distribution of his/her Plan benefit. A Services Provider (if applicable) in determining the
Beneficiary's right to (and the Administrative amount of a Participant's Deferral Contributions
Services Provider's or a Trustee's duty to provide to disregards the net income, gain and loss attributable
the Beneficiary) information or data concerning the to Deferral Contributions.
Plan does not arise until the Beneficiary first
becomes entitled to receive a benefit under the Plan. 1.09 "Deferred Compensation"means as to a
Participant the amount of Deferral Contributions,
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457 Governmental Plan and Trust
Rollover Contributions and Transfers adjusted for 1.19 "Nonelective Contribution" means an
allocable net income,gain or loss,in the Participant's Employer fixed or discretionary contribution not
Account. made as a result of a Participation Agreement and
which is not a Matching Contribution.The Employer
1.10 "Effective Date" of this Plan is the date may provide for nonelective contributions.
indicated on the execution line unless the Code,
Treasury regulations, or other applicable guidance 1.20 "Normal Retirement Age" means the
provides otherwise. age designated by the Participant unless the
Employer designates in writing a Normal Retirement
1.11 "Employee" means an individual who Age. The Normal Retirement Age designated by the
provides services for the Employer,as a common law Participant or Employer shall be no earlier than age
employee of the Employer. See Section 1.16 65 or the age at which Participants have the right to
regarding potential treatment of an Independent retire and receive, under the basic defined benefit
Contractor as an Employee. pension plan of the Employer(or a money purchase
plan in which the Participant also participates if the
1.12 "Employer" means an employer who Participant is not eligible to participate in a defined
adopts this Plan by executing the Plan. benefit plan), immediate retirement benefits without
actuarial or similar reduction because of retirement
1.13 "Employer Contribution" means before some later specified age. The Normal
Nonclective Contributions or Matching Retirement Age also shall not exceed age 70V2.
Contributions.
Special Rule for Eligible Plans of Qualified
1.14 "Excess Deferrals" means Deferral Police or Firefighters, A Participant who is a
Contributions to an Eligible 457 Plan for a qualified police officer or firefighter as defined under
Participant that exceed the Taxable Year maximum Code §415(b)(2)(H)(ii)(I) may designate a Normal
limitation of Code§§457(b)and(c)(18). Retirement Age between age 40 and age 70 Y2.
1.15 "Includible Compensation" means, for 1.21 "Participant" is an Employee who elects
the Employee's Taxable Year, the Employee's total to participate in the Plan in accordance with the
Compensation within the meaning of Code § provisions of Section 2.01 or an individual who has
415(c)(3) paid to an Employee for services rendered previously deferred Compensation under the Plan by
to the Employer. Includible Compensation includes a Participation Agreement and has not received a
Deferral Contributions under the Plan, compensation complete distribution of his/her Account.
deferred under any other plan described in Code
§457, and any amount excludible from the 1.22 "Participation Agreement" means the
Employee's gross income under Code §§401(k), agreement to enroll and participate in the Plan that is
403(b), 125 or 132(f)(4) or any other amount completed by the Participant and provided to the
excludible from the Employee's gross income for Administrative Services Provider. The Participation
Federal income tax purposes. The Employer will Agreement is the agreement, by which the Employer
determine Includible Compensation without regard to reduces the Participant's Compensation for
community property laws. contribution to the Participant's Account.
1.16 "Independent Contractor" means any 1.23 "Plan"means the 457 plan established or
individual who performs service for the Employer continued by the Employer in the form of this Plan
and who the Employer does not treat as an Employee and (if applicable) Trust Agreement. All section
or a Leased Employee. The Employer may permit references within the Plan are Plan section references
Independent Contractors to participate in the Plan.To unless the context clearly indicates otherwise.
the extent that the Employer permits Independent
Contractor participation, references to Employee in 1.24 "Plan Entry Date' means the date on
the Plan include Independent Contractors and which an Employee completes and files a
Compensation means the amounts the Employer pays Participation Agreement with the Administrative
to the Independent Contractor for services. Services Provider.
1.17 "Leased Employee"means an Employee 1.25 "Plan Year,"means the calendar year.
within the meaning of Code§414(n).
1.26 "Rollover Contribution" means the
1.18 "Matching Contribution" means an amount of cash or property which an eligible
Employer fixed or discretionary contribution made or retirement plan described in Code §402(c)(8)(B)
forfeiture allocated on account of Salary Reduction distributes to an eligible Employee or to a Participant
Contributions. The Employer may provide for in an eligible rollover distribution under Code
matching contributions. §402(c)(4) and which the eligible Employee or
Participant transfers directly or indirectly to an
2 1/10
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457 Governmental Plan and Trust
Eligible 457 Plan. A Rollover Contribution includes (2) Independent Contractor. An Independent
net income, gain or loss attributable to the Rollover Contractor has a Severance from Employment when
Contribution. A Rollover Contribution excludes the contract(s) under which the Independent
after-tax Employee contributions, as adjusted for net Contractor performs services for the Employer
income,gain or loss. expires (or otherwise terminates), unless the
Employer anticipates a renewal of the contractual
1.27 "Salary Reduction Contribution"means relationship or the Independent Contractor becoming
a contribution the Employer makes to the Plan an Employee. The Employer anticipates renewal if it
pursuant to a Participation Agreement. intends to contract for the services provided under the
expired contract and neither the Employer nor the
1.28 "Service" means any period of time the Independent Contractor has eliminated the
Employee is in the employ of the Employer. In the Independent Contractor as a potential provider of
case of an Independent Contractor, Service means such services under the new contract. Further, the
any period of time the Independent Contractor Employer intends to contract for services conditioned
performs services for the Employer on an only upon the Employer's need for the services
independent contractor basis. An Employee or provided under the expired contract or the
Independent Contractor terminates Service upon Employer's availability of funds. Notwithstanding
incurring a Severance from Employment. the preceding provisions of this Section 1.28, the
Administrative Services Provider will consider an
(A) Qualified Military Service. Service includes Independent Contractor to have incurred a Severance
any qualified military service the Plan must credit for from Employment: (a)if the Administrative Services
contributions and benefits in order to satisfy the Provider or Trustee will not pay any Deferred
crediting of Service requirements of Code§414(u).A Compensation to an Independent Contractor who is a
Participant whose employment is interrupted by Participant before a date which is at least twelve
qualified military service under Code §414(u)or who months after the expiration of the Independent
is on a leave of absence for qualified military service Contractor's contract (or the last to expire of such
under Code §414(u) may elect to make additional contracts)to render Services to the Employer,and(b)
Salary Reduction Contributions upon resumption of if beford the applicable twelve-month payment date,
employment with the Employer equal to the the Independent Contractor performs Service as an
maximum Deferral Contributions that the Participant Independent Contractor or as an Employee, the
could have elected during that period if the Administrative Services Provider or Trustee will not
Participant's employment with the Employer had pay to the Independent Contractor his/her Deferred
continued (at the same level of Compensation) Compensation on the applicable date.
without the interruption of leave, reduced by the
Deferral Contributions, if any, actually made for the (3) Uniformed Services. for purposes of
Participant during the period of the interruption or distributions to an individual in the uniformed
leave. This right applies for five years following the services,such individual will be treated as incurring a
resumption of employment(or, if sooner,for a period Severance from Employment during any period the
equal to three times the period of the interruption or individual is performing service in the uniformed
leave). The Employer shall make appropriate make- services described in Code § 3401(h)(2)(A).
up Nonelective Contributions and Matching However, the plan will not distribute the benefit to
Contributions for such a Participant as required under such an individual without that individual's consent,
Code §414(u). The Plan shall apply limitations of so long as the individual is receiving differential
Article III to all Deferral Contributions under this wage payments.
paragraph with respect to the year to which the
Deferral Contribution relates. If an individual elects to receive a distribution
under this provision,the individual may not make an
(B) "Continuous Service" means Service with the elective deferral or employee contribution during the
Employer during which the Employee does not incur 6-month period beginning on the date of the
a Severance from Employment. distribution.
(C) "Severance from Employment." 1.29 "State" means(a)one of the 50 states of
the United States or the District of Columbia,or(b)a
(1) Employee. An Employee has a Severance political subdivision of a State, or any agency or
from Employment when the Employee ceases to be instrumentality of a State or its political subdivision.
an Employee of the Employer. A Participant does A State does not include the federal government or
not incur a Severance from Employment if, in any agency or instrumentality thereof.
connection with a change in employment, the
Participant's new employer continues or assumes 1.30 "Taxable Year" means the calendar year
sponsorship of the Plan or accepts a Transfer of Plan or other taxable year of a Participant.
assets as to the Participant.
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457 Governmental Plan and Trust
1.31 "Transfer" means a transfer of Eligible the Administrative Services Provider an
457 Plan assets to another Eligible 457 Plan which is Acknowledgement Form/Card and thereby consent to
not a Rollover Contribution and which is made in a reduction of salary by the amount of the Deferral
accordance with Section 9.03. Contribution specified in the Acknowledgement
Form/Card. Allocations to the Participant's Account
1.32 "Trust" means the Trust created under must equal at least 7.5% of the Participant's
the adopting Employer's Plan. The Trust created and Compensation or such other minimum amount as
established under the adopting Employer's Plan is a shall be required for the Plan to be considered a
separate Trust, independent of the trust of any other retirement system under Code §3121(b)(7)(F) and
Employer adopting this Eligible 457 Plan and is Trips. Reg. §31.3121(b)(7)-2, and the reduction in
subject to Article VIII. the Participant's salary shall begin no earlier than the
first pay period commencing during the first month
1.33 "Trustee" means the person or persons after the date on which the Acknowledgement
designated by the Employer to serve in the position Form/Card is filed with the Administrative Services
of Trustee. Provider.
ARTICLE 11 (C) Takeover Plans.If the Plan is a restated Plan,an
PARTICIPATION IN PLAN Employee who participated in the predecessor plan
shall become a Participant in the Plan upon the
2.01 ELIGIBILITY. Each Employee becomes Employer's execution of the enabling documents for
a Participant in the Plan as soon as he/she completes this Plan. Allocations to each such Participant's
and files a Participation Agreement. If this Plan is a Account must equal at least 7.5%of the Participant's
restated Plan,each Employee who was a Participant Compensation, or such other minimum amount as
in the Plan on the day before the Effective Date shall be required for the Plan to be considered a
continues as a Participant in the Plan. retirement system under Code §3121(b)(7)(F) and
Treas. Reg. §31.3121(b)(7)-2, and the reduction in
2.02 PARTICIPATION UPON RE the Participant's salary shall begin immediately
EMPLOYMENT. A Participant who incurs a thereafter.
Severance from Employment will re-enter the Plan as
a Participant on the date of his/her re-employment. ARTICLE III
DEFERRAL CONTRIBUTIONS/LIMITATIONS
2.03 SPECIAL ELIGIBILITY PROVISIONS
FOR PARTICIPANTS IN A PLAN USED AS—A 3.01 AMOUNT.
SOCIAL SECURITY REPLACEMENT PLAN.
Notwithstanding any provision to the contrary, the (A) Contribution Formula.For each Plan Year,the
provisions of this Section 2.03 will apply if the Employer will contribute to the Plan the amount of
Employer elects in a written agreement with the Deferral Contributions the Employee elects to defer
Administrative Services Provider to use the Plan as a under the Plan.
Social Security replacement plan. If the Plan is used
as a Social Security replacement plan, the provisions (B) Return of Contributions. The Employer
of Sections 4,05(a)and 5.03 will not apply. contributes to this Plan on the condition its
contribution is not due to a mistake of fact. If any
(A) Eligibility to participate for new Employees. Participant Salary Reduction Contribution is due to a
A new Employee shall,as a condition of employment mistake of fact, the Employer or the Trustee upon
participate in the Plan sign and file with the written request from the Employer will return the
Administrative Services Provider an Participant's contribution, within one year after
Acknowledgement Form/Card and thereby payment of the contribution.
consenting to a reduction of salary by the amount of
the Deferral Contribution specified in the The Trustee may require the Employer to furnish it
Acknowledgement Form/Card. Contributions to the whatever evidence the Trustee deems necessary to
Participant's Account must equal at least 7.5%of the enable the Trustee to confirm the amount the
Participant's Compensation, or such other minimum Employer has requested be returned is properly
amount as shall be required for the Plan to be returnable.
considered a retirement system under Code
§3121(b)(7)(F)and Treas.Reg.31.3121(b)(7)-2, and (C) Time of Payment of Contribution. An
the reduction in the Participant's salary shall begin Employer will deposit Salary Reduction
immediately thereafter. Contributions to the Trust within a period that is not
longer than is reasonable for the administration of
(B) Eligibility to participate for current Participant Accounts. Neither the Administrative
Employees. An Employee who is newly eligible to Services Provider nor the Trustee is responsible for
participate in the Plan shall, prior to becoming the delay of deposits of Salary Reduction
eligible to participate in the Plan, sign and file with Contributions caused by the Employer.
4 ino
DC-4057-0211
457 Governmental Plan and Trust
reason of Qualified Military Service (as described in
3.02 SALARY REDUCTION CONTRIBU- Code§414(u)(1))to the extent those payments do not
TIONS. The Plan does not apply any limitations on exceed the amounts the individual would have
Salary Reduction Contributions other than the received if the individual had continued to perform
limitations applicable under the Code. services for the Employer rather than entering
(A) Deferral from Sick, Vacation and Back Pay. Qualified Military Service.
Participants may make Salary Reduction Limitation on Post-Severance Compensation. Any
Contributions from accumulated sick pay, from payment of Compensation paid after Severance of
accumulated vacation pay or from back pay. Employment that is not described in Section
3.02(C)(1) or 3.02(C)(2) is not Post Sevcrance
(B) Application to Leave of Absence and Compensation,even if payment is made by the later
Disability. The Participation Agreement will of 2V2 months after Severance from Employment or
continue to apply during the Participant's leave of by the end of the calendar year that includes the date
absence or the Participant's disability (as the of such Severance of Employment.
Employer shall establish), if the Participant has
Compensation other than imputed compensation or 3.03 NORMAL LIMITATION. Except as
disability benefits, provided in Sections 3.04 and 3.05, a Participant's
maximum Deferral Contributions (excluding
(C) Post-severance deferrals limited to Post- Rollover Contributions and Transfers)under this Plan
Severance Compensation. Deferral Contributions for a Taxable Year may not exceed the lesser of.
are permitted from an amount received following
Severance from Employment only if the amount is (a) The applicable dollar amount as
Post-Severance Compensation. specified under Code §457(e)(15) (or, beginning
January 1, 2006) such larger amount as the
Post-Severance Compensation defined. Post- Commissioner of the Internal Revenue may
Severance Compensation includes the amounts prescribe),or
described in (1) and (2) below, paid after a
Participant's Severance from Employment with the (b) 100% of the Participant's Includible
Employer, but only to the extent such amounts are Compensation for the Taxable Year.
paid by the later of 2Y,months after Severance from
Employment or the end of the calendar year that 3.04 NORMAL RETIREMENT AGE
includes the date of such Severance from CATCH-UP CONTRIBUTION. For one or more of
Employment. the Participant's last three Taxable Years ending
before the Taxable Year in which the Participant
(1) Regular pay.Post-Severance Compensation attains Normal Retirement Age, the Participant's
includes regular pay after Severance of Employment maximum Deferral Contributions may not exceed the
if. (i) the payment is regular compensation for lesser of:
services during the Participant's regular working
hours, or compensation for services outside the (a) Twice the dollar amount under Section 3.03
Participant's regular working hours(such as overtime normal limitation,or(b)the underutilized limitation.
or shift differential), commissions, bonuses, or other
similar payments; and (ii) the payment would have (A) Underutilized Limitation. A Participant's
been paid to the Participant prior to a Severance from underutilized limitation is equal to the sum of:(i)the
Employment if the Participant had continued in normal limitation for the Taxable Year, and (ii) the
employment with the Employer. normal limitation for each of the prior Taxable Years
of the Participant commencing after 1978 during
(2) Leave cashouts. Post-Severance which the Participant was eligible to participate in the
Compensation inchides leave cashouts if those Plan and the Participant's Deferral Contributions
amounts would have been included in the definition were subject to the normal limitation or any other
of Compensation if they were paid prior to the Code § 457(b) limit, less the amount of Deferral
Participant's Severance from Employment, and the Contributions for each such prior Taxable Year,
amounts are payment for unused accrued bona fide excluding age 50 catch-up contributions.
sick, vacation, or other leave, but only if the
Participant would have been able to use the leave if (B) Multiple 457 Plans. If the Employer maintains
employment had continued. more than one Eligible 457 Plan, the Plans may not
permit any Participant to have more than one Normal
(3)Salary continuation payments for military Retirement Age under the Plans.
service Participants. Post-Severance Compensation (C) Pre-2002 Coordination. In determining a
includes payments to an individual who does not Participant's underutilized limitation, the
currently perform services for the Employer by
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457 Governmental Plan and Trust
coordination rule in effect under now repealed Code the Administrative Services Provider and Trustee
§457(c)(2) applies. Additionally, the normal must treat the Employee as a limited Participant (as
limitation for pre-2002 Taxable Years is applied in described in Rev. Rut. 96-48 or in any successor
accordance with Code§457(b)(2)as then in effect. ruling). If a limited Participant has a Severance from
Employment prior to becoming a Participant in the
3.05 AGE 50 -CATCH-UP Plan, the Trustee will distribute his/her Rollover
CONTRIBUTION. All Employees who are eligible Contributions Account to the limited Participant in
to make Salary Reduction Contributions under this accordance with Article IV.
Plan and who have attained age 50 before the close of
the Taxable Year are eligible to make age 50 catch- (C) Separate Accounting. If an Employer permits
up contributions for that Taxable Year in accordance Rollover Contributions, the Administrative Services
with,and subject to the limitations of,Code§414(v). Provider must account separately for: (1) amounts
Such catch-up contributions are not taken into rolled into this Plan from an eligible retirement plan
account for purposes of the provisions of the plan (other than from another Eligible 457 plan); and (2)
implementing the required limitations of Code§457. amounts rolled into this Plan from another Eligible
If, for a Taxable Year, an Employee makes a catch- 457 Plan. The Administrative Services Provider for
up contribution under Section 3.04, the Employee is purposes of ordering any subsequent distribution
not eligible to make age 50 catch-up contributions from this Plan may designate a distribution from a
under this Section 3.05. A catch-up eligible Participant's Rollover Contributions as coming first
Participant in each Taxable Year is entitled to the from either of(1)or(2) above if the Participant has
greater of the amount determined under Section 3.04 both types of Rollover Contribution Accounts.
or Section 3.05 catch-up amount plus the Section
3.03 normal limitation. 3.09 DISTRIBUTION OF EXCESS
DEFERRALS. In the event that a Participant has
3.06 CONTRIBUTION ALLOCATION The Excess Deferrals, the Plan will distribute to the
Administrative Services Provider will allocate to Participant the Excess Deferrals and allocable net
each Participant's Account his/her Deferral income, gain or loss, in accordance with this Section
Contributions. 3.09.
3.07 ALLOCATION CONDITIONS. The Plan The Administrative Services Provider will distribute
does not impose any allocation conditions. Excess Deferrals from an Eligible 457 Plan as soon
as is reasonably practicable following the
3.08 ROLLOVER CONTRIBUTIONS. The Administrative Services Provider's or Employer's
Plan permits Rollover Contributions. determination of the amount of the Excess Deferral.
(A) Operational Administration, The Employer, (A) Plan Aggregation. If the Employer maintains
operationally and on a nondiscriminatory basis, may more than one Eligible 457 Plan, the Employer must
elect to permit or not to permit Rollover aggregate all such Plans in determining whether any
Contributions to this Plan or may elect to limit an Participant has Excess Deferrals.
eligible Employee's right or a Participant's right to
make a Rollover Contribution. If the Employer (B) Individual Limitation. If a Participant
permits Rollover Contributions,any Participant(or as participates in another Eligible 457 Plan maintained
applicable, any eligible Employee), with the by a different employer, and the Participant has
Employer's written consent and after filing with the Excess Deferrals, the Administrative Services
Trustee the form prescribed by the Administrative Provider may, but is not required, to correct the
Services Provider,may make a Rollover Contribution Excess Deferrals by making a corrective distribution
to the Trust. Before accepting a Rollover from this Plan,
Contribution, the Trustee may require a Participant
(or eligible Employee) to furnish satisfactory 3.10 DOLLAR LIMITS, The table below
evidence the proposed transfer is in fact a"Rollover shows the applicable dollar amounts described in
Contribution" which the Code permits an employee paragraph 3.03(a) and limitations on age 50 catch-up
to make to an eligible retirement plan.The Trustee,in contributions described in Section 3.05. These
its sole discretion, may decline to accept a Rollover amounts are adjusted after 2006 for changes in the
Contribution of property which could: (1) generate cost-of-living to the extent permitted in Code §
unrelated business taxable income; (2) create 415(d).
difficulty or undue expense in storage,safekeeping or
valuation; or (3) create other practical problems for
the Trust.
(B) Pre-Participation Rollover. If an eligible
Employee makes a Rollover Contribution to the Trust
prior to satisfying the Plan's eligibility conditions,
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30 days before the date the Participant first would be
Applicable Age 50+Catch-up eligible to commence payment of the Participant's
Year Dollar Contribution Account.The Administrative Services Provider must
Amount Limitation furnish to the Participant a form for the Participant to
2002 $11,000 $1,000 elect the time and a method of payment.
2003 $12,000 $2,000
2004 $13,000 $3,000 4.03 REQUIRED MINIMUM DISTRIBU-
2005 $14,000 $4,000 TIONS The Administrative Services Provider may
2006 $15,000 $5,000 not distribute nor direct the Trustee to distribute the
Participant's Account, nor may the Participant elect
any distribution his/her Account, under a method of
ARTICLE IV payment which, as of the required beginning date,
TIME AND METHOD OF does not satisfy the minimum distribution
PAYMENT OF BENEFITS requirements of Code § 401(a)(9) or which is not
consistent with applicable Treasury regulations.
4.01 DISTRIBUTION (A) General Rules.
RESTRICTIONS Except as the Plan provides
otherwise, the Administrative Services Provider or (1) Precedence. The requirements of this
Trustee may not distribute to a Participant his/her Section 4.03 will take precedence over any
Account prior to the Participant's Severance from inconsistent provisions of the Plan.
Employment, the calendar year in which the
Participant attains age 70V2, or such other event for (2) Requirements of Treasury Regulations
which federal legislation is enacted or regulatory Incorporated. All distributions required under this
relief granted permitting the Plan to make Section 4.03 will be determined and made in
distributions to qualifying Participants. accordance with the Treasury regulations under Code
§401(a)(9).
(A) Distribution of Rollover Contributions.To the
extent the Employer permits Rollover Contributions (B)Time and Manner of Distribution
(but not Transfers) to this Plan, a Participant may
receive a distribution of such Rollover Contributions (1) Required Beginning Date. The
without regard to the restrictions found in this Participant's entire interest will be distributed, or
Section 4.01. begin to be distributed,to the Participant no later than
the Participant's required beginning date.
4.02 TIME AND METHOD OF PAYMENT
OF ACCOUNT The Administrative Services (2) Death of Participant Before Distribution
Provider, or Trustee at the direction of the Begins. If the Participant dies before distributions
Administrative Services Provider, will distribute to a begin, the Participant's entire interest will be
Participant who has incurred a Severance from distributed,or begin to be distributed,no later than as
Employment the Participant's Account under one or follows:
any combination of payment methods elected by the
Participant. The Participant may elect one of the (a) Spouse Designated Beneficiary. If the
following methods of payment: (1) lump sum Participant's surviving spouse is the Participant's
payment, (2) partial lump sum payment, (3) sole designated Beneficiary, distributions to the
installment, or (4) an annuity, In no event will the surviving spouse will begin by December 31 of the
Administrative Services Provider direct(or direct the calendar year immediately following the calendar
Trustee to commence) distribution, nor will the year in which the Participant dies,or by December 31
Participant elect to have distribution commence,later of the calendar year in which the Participant would
than the Participant's required beginning date, or have attained age 70V2, if later.
under a method that does not satisfy Section 4.03. (b) Non-Spouse Designated Beneficiary.If
Subject to any restrictions imposed by the the Participant's surviving spouse is not the
Participant's investment providers and the Participant's sole designated Beneficiary, then,
Administrative Services Provider,the Participant: (1) distributions to the designated Beneficiary will begin
may elect to commence distribution no earlier than is by December 31 of the calendar year immediately
administratively practical following Severance from following the calendar year in which the Participant
Employment; (2) may elect to postpone distribution died•
of his/her Account to any fixed or determinable date (c) No Designated Beneficiary. If there is
including, but not beyond, the Participant's required no designated Beneficiary as of September 30 of the
beginning date; and (3) may elect the method of year following the year of the Participant's death,the
payment. A Participant may elect the timing and Participant's entire interest will be distributed by
method of payment of his/her Account no later than
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December 31 of the calendar year containing the fifth Participant's and spouse's birthdays in the
anniversary of the Participant's death. distribution calendar year.
(d) Death of Spouse. If the Participant's (2) Lifetime Required Minimum
surviving spouse is the Participant's sole designated Distributions Continue Through Year of
Beneficiary and the surviving spouse dies after the Participant's Death. Required minimum
Participant but before distributions to the surviving distributions will be determined under this Section
spouse begin, this Section 4.03(B)(2) other than 4.03(C) beginning with the first distribution calendar
Section 4.03(B)(2)(a), will apply as if the surviving year and up to and including the distribution calendar
spouse were the Participant. year that includes the Participant's date of death.
For purposes of this Section 4.03(B)and Section (D) Required Minimum Distributions after
4.03(D), unless Section 4.03(B)(2)(d) applies, Participant's Death.
distributions are considered to begin on the
Participant's required beginning date, If Section (1) Death On or After Distributions Begin,
4.03(B)(2)(d) applies, distributions are considered to
begin on the date distributions are required to begin (a) Participant Survived by Designated
to the surviving spouse under Section 4.03(B)(2)(a). Beneficiary.If the Participant dies on or after the date
If distributions under an annuity purchased from an distributions begin and there is a designated
insurance company irrevocably commence to the Beneficiary, the minimum amount that will be
Participant before the Participant's required distributed for the distribution calendar year of the
beginning date (or to the Participant's surviving Participant's death is obtained by dividing the
spouse before the date distributions are required to Participant's account balance by the remaining life
begin to the surviving spouse under Section expectancy of the Participant. The Participant's
4.03(13)(2)(a),the date distributions are considered to remaining life expectancy is calculated using the
begin is the date distributions actually commence. attained age of the Participant as of the Participant's
birthday in the calendar year of death. For each
(3) Forms of Distribution. Unless the distribution calendar year after the year of the
Participant's interest is distributed in the form of an Participant's death,the minimum amount that will be
annuity purchased from an insurance company or in a distributed is the quotient obtained by dividing the
single sum on or before the required beginning date, Participant's account balance by the remaining life
as of the first distribution calendar year distributions expectancy of the Participant's designated
will be made in accordance with Sections 4.03(C) Beneficiary.
and 4.03(D).If the Participant's interest is distributed
in the form of an annuity purchased from an (b) No Designated Beneficiary. If the
insurance company, distributions thereunder will be Participant dies on or after the date distributions
made in accordance with the requirements of Section begin and there is no designated Beneficiary as of
4.01(a)(9)of the Code and the Treasury regulations. September 30 of the calendar year after the calendar
year of the Participant's death,the minimum amount
(C) Required Minimum Distributions during that will be distributed for each distribution calendar
Participant's Lifetime. year after the calendar year of the Participant's death
is the quotient obtained by dividing the Participant's
(1) Amount of Required Minimum account balance by the Participant's remaining life
Distribution for Each Distribution Calendar Year. expectancy calculated using the attained age of the
During the Participant's lifetime, the minimum Participant as of the Participant's birthday in the
amount that will be distributed for each distribution calendar year of death, reduced by one for each
calendar year is the lesser of- subsequent calendar year.
(a) ULT. The quotient obtained by (2) Death before Date Distributions Begin.
dividing the Participant's account balance by the
number in the Uniform Life Table set forth in Treas. (a) Participant Survived by Designated
Reg. §1.401(a)(9)-9, using the Participant's attained Beneficiary, If the Participant dies before the date
age as of the Participant's birthday in the distribution distributions begin and there is a designated
calendar year;or Beneficiary, the minimum amount that will be
distributed for each distribution calendar year after
(b) Younger Spouse, If the Participant's the year of the Participant's death is the quotient
sole designated Beneficiary for the distribution obtained by dividing the Participant's account
calendar year is the Participant's spouse,the quotient balance by the remaining life expectancy of the
obtained by dividing the Participant's account Participant's designated Beneficiary, determined as
balance by the number in the Joint and Last Survivor provided in Section 4.03(D)(1).
Table set forth in Treas. Reg. §1.401(a)(9)-9, using
the Participant's and spouse's attained ages as of the
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(b) No Designated Beneficiary. If the the Plan either in the valuation calendar year or in the
Participant dies before the date distributions begin distribution calendar year if distributed or transferred
and there is no designated Beneficiary as of in the valuation calendar year.
September 30 of the year following the year of the
Participant's death, distribution of the Participant's (5) Required beginning date. A Participant's
entire interest will be completed by December 31 of required beginning date is the April I of the calendar
the calendar year containing the fifth anniversary of year following the later of. (1) the calendar year in
the Participant's death. which the Participant attains age 70V2, or (2) the
calendar year in which the Participant retires or such
(c) Death of Surviving Spouse Before other date under Code §401(a)(9)by which required
Distributions to Surviving Spouse Are Required to minimum distributions must commence.
hggt:_n. If the Participant dies before the date
distributions begin,the Participant's surviving spouse (F) General 2009 waiver.The requirements of Code
is the Participant's sole designated Beneficiary, and § 401(a)(9) and the provisions of the Plan relating
the surviving spouse dies before distributions are thereto, will not apply for the distribution calendar
required to begin to the surviving spouse under year 2009.
Section 4.03(13)(2)(a), this Section 4.03(D)(2) will
apply as if the surviving spouse were the Participant. (1) Special rule regarding waiver period.For
purposes of Code § 401(a)(9) and the provisions of
(E) Definitions the Plan relating thereto: (a) the required beginning
date with respect to any individual will be determined
(1) Designated Beneficiary. The individual without regard to this Article IV for purposes of
who is designated as the Beneficiary under the Plan applying Code § 401(a)(9) for distribution calendar
and is the designated beneficiary under Code years other than 2009; and (b) if the 5-year rule of
§401(a)(9)and Treas.Reg.§1.401(a)(9)-I,Q&A-4. Code § 401(a)(9)(B)(ii) applies, the 5-year period
described therein shall be determined without regard
(2) Distribution calendar year. A distribution to calendar year 2009.
calendar year means a calendar year for which a
minimum distribution is required. For distributions (2) Eligible rollover distributions.If all or any
beginning before the Participant's death, the first portion of a distribution during 2009 is treated as an
distribution calendar year is the calendar year eligible rollover distribution but would not be so
immediately preceding the calendar year which treated if the minimum distribution requirements
contains the Participant's required beginning date. under Code § 401(a)(9) had applied during 2009,
For distributions beginning after the Participant's then the Plan will not treat such distribution as an
death, the first distribution calendar year is the eligible rollover distribution for purposes of the direct
calendar year in which the distributions are required rollover rules of Code § 401(a)(31), the notice
to begin under Section 4.03(B)(2). The required requirements of Code §402(f), or the 20%
minimum distribution for the Participant's first withholding requirement of Code§3405(c).
distribution calendar year will be made on or before
the Participant's required beginning date. The (3) Participant may elect.The Plan will permit
required minimum distribution for other distribution an affected Participant to elect whether to receive
calendar years, including the required minimum his/her RMD distribution for 2009. If the Participant
distribution for the distribution calendar year in fails to notify the Administrative Services Provider of
which the Participant's required beginning date his/her waiver,the Plan will distribute the 2009 RMD
occurs, will be made on or before December 31 of to the Participant.
that distribution calendar year.
4.04 DEATH BENEFITS. Upon the death of
(3) Life expectancy. Life expectancy as the Participant, the Administrative Services Provider
computed by use of the Single Life Table in Treas. must pay or direct the Trustee to pay the Participant's
Reg.§1.401(a)(9)-9. Account in accordance with Section 4.03. Subject to
Section 4.03, a Beneficiary may elect the timing and
(4) Participant's account balance. The method of payment in the same manner as a
account balance as of the last valuation date in the Participant may elect under Section 4.02, if such
calendar year immediately preceding the distribution elections apply.
calendar year(valuation calendar year) increased by
the amount of any contributions made and allocated In the case of a death occurring on or after
or forfeitures allocated to the account balance as of January 1, 2007, if a participant dies while
dates in the valuation calendar year after the performing qualified military service (as defined in
valuation date and decreased by distributions made in Code § 414(u)), the survivors of the Participant are
the valuation calendar year after the valuation date. entitled to any additional benefits(other than benefit
The account balance for the valuation calendar year accruals relating to the period of qualified military
includes any Rollover Contributions or Transfers to service)provided under the Plan as if the participant
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had resumed and then terminated employment on not made or received an allocation of any Deferral
account of death. Contributions under the Plan during the two-year
period ending on the date of distribution; and(3)the
4,05 DISTRIBUTIONS PRIOR TO SEVER- Participant has not received a prior distribution under
ANCE FROM EMPLOYMENT. Notwithstanding this Section 4.05(B).
the Section 4.01 distribution restrictions, the Plan
permits the following in-service distributions in (C) Distribution of Rollover Contributions. A
accordance with this Section. Participant may request and receive distribution of
his/her Account attributable to Rollover
(A) Unforeseeable Emergency. In the event of a Contributions (but not to Transfers) before the
Participant's unforeseeable emergency, the Participant has a distributable event under Section
Administrative Services Provider may make a 4.01.
distribution to a Participant who has not incurred a
Severance from Employment. 4.06 DISTRIBUTIONS UNDER QUALIFIED
DOMESTIC RELATIONS ORDERS (ODROs).
An unforeseeable emergency is a severe Notwithstanding any other provision of this Plan,the
financial hardship of a Participant or Beneficiary QDRO provisions will apply. The Administrative
resulting from: (1) illness or accident of the Services Provider (and any Trustee) must comply
Participant, the Participant's Beneficiary, or the with the terms of a QDRO, as defined in Code §
Participant's spouse or dependent(as defined in Code 414(p),which is issued with respect to the Plan.
§ 152, and, for taxable years beginning on or after
January 1,2005,without regard to Code § 152(b)(1), (A) Time and Method of Payment. This Plan
(b)(2),and (d)(1)(11)); (2) loss of the Participant's or specifically permits distribution to an alternate payee
Beneficiary's property due to casualty; (3) the need under a QDRO at any time, notwithstanding any
to pay for the funeral expenses of the Participant's contrary Plan provision and irrespective of whether
spouse or dependent(as defined in Code § 152,and, the Participant has attained his/her earliest retirement
for taxable years beginning on or after January 1, age(as defined under Code§ 414(p))under the Plan.
2005,without regard to Code§ 152(b)(1),(b)(2),and Nothing in this Section 4.06 gives a Participant a
(d)(I)(B)); or (4) other similar extraordinary and right to receive distribution at a time the Plan
unforeseeable circumstances arising from events otherwise does not permit nor authorizes the alternate
beyond the Participant's or Beneficiary's control.The payee to receive a form of payment the Plan does not
Administrative Services Provider will not pay the permit.
Participant or the Beneficiary more than the amount
reasonably necessary to satisfy the emergency need, (B) QDRO Procedures. Upon receiving a domestic
which may include amounts necessary to pay taxes or relations order, the Administrative Services Provider
penalties on the distribution. The Administrative promptly will notify the Participant and any alternate
Services Provider will not make payment to the payee named in the order,in writing,of the receipt of
extent the Participant or Beneficiary may relieve the the order and the Plan's procedures for determining
financial hardship by cessation of deferrals under the the qualified status of the order. Within a reasonable
Plan, through insurance or other reimbursement, or period of time after receiving the domestic relations
by liquidation of the individual's assets to the extent order, the Administrative Services Provider must
such liquidation would not cause severe financial determine the qualified status of the order and must
hardship. notify the Participant and each alternate payee, in
writing, of the Administrative Services Provider's
The Participant's Beneficiary is a person who a determination. The Administrative Services Provider
Participant designates as a"primary beneficiary"and must provide notice under this paragraph by mailing
who is or may become entitled to a Participant's Plan to the individual's address specified in the domestic
account upon the Participant's death. relations order,
A Participant's unforeseeable emergency event (C) Accounting. If any portion of the Participant's
includes a severe financial hardship of the Account Balance is payable under the domestic
participant's primary Beneficiary under the Plan,that relations order during the period the Administrative
would constitute an emergency event if it occurred Services Provider is making its determination of the
with respect to the participant's spouse or dependent qualified status of the domestic relations order, the
as defined under Code§ 152. Administrative Services Provider may maintain a
separate accounting of the amounts payable. If the
(B) De minimis distribution. A Participant may Administrative Services Provider determines the
elect to receive a distribution of his/her Account order is a QDRO within 18 months of the date
where: (1) the Participant's Account (disregarding amounts first are payable following receipt of the
Rollover Contributions) does not exceed $5,000 (or domestic relations order,the Administrative Services
such other amount as does not exceed the Code § Provider will distribute or will direct the Trustee to
411(a)(1])(A) dollar amount); (2)the Participant has distribute the payable amounts in accordance with the
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QDRO. If the Administrative Services Provider does ("direct rollover"),may roll over all or any portion of
not make its determination of the qualified status of his/her distribution to an individual retirement
the order within the 18-month determination period, account the Beneficiary establishes for purposes of
the Administrative Services Provider will distribute receiving the distribution. In order to be able to roll
or will direct the Trustee to distribute the payable over the distribution,the distribution otherwise must
amounts in the manner the Plan would distribute if satisfy the definition of an eligible rollover
the order did not exist and will apply the order distribution.
prospectively if the Administrative Services Provider
later determines the order is a QDRO. (1) Certain requirements not applicable.
Although a non-spouse Beneficiary may roll over
To the extent it is not inconsistent with the directly a distribution,commencing with distributions
provisions of the QDRO,the Administrative Services after December 31, 2009, the distribution will be
Provider may segregate or may direct the Trustee to subject to the direct rollover requirements of Code§
segregate the QDRO amount in a segregated 401(a)(31) (including the automatic rollover
investment account. The Administrative Services provisions of Code § 401(a)(31)(13)), the notice
Provider or Trustee will make any payments or requirements of Code § 402(f) and the mandatory
distributions required under this Section 4.06 by withholding requirements of Code § 3405(c). If a
separate benefit checks or other separate distribution non-spouse Beneficiary receives a distribution from
to the alternate payce(s). the Plan,the distribution is not eligible for a"60-day"
rollover.
(D) Permissible QDROs.A domestic relations order
that otherwise satisfies the requirements for a (2) Trust Beneficiary. If the participant's
qualified domestic relations order("QDRO")will not named Beneficiary is a trust, the Plan may make a
fail to be a QDRO: (i) solely because the order is direct rollover to an individual retirement account on
issued after, or revises, another domestic relations behalf of the trust, provided the trust satisfies the
order or QDRO; or(ii) solely because of the time at requirements to be a designated beneficiary within
which the order is issued,including issuance after the the meaning of Code§40 1(a)(9)(E).
annuity starting date or after the participant's death.
(3) Required minimum distributions not
4.07 DIRECT ROLLOVER OF ELIGIBLE eligible for rollover. A non-spouse Beneficiary may
ROLLOVER DISTRIBUTIONS — GOVERN- not roll over an amount which is a required minimum
MENTAL PLAN. distribution,as determined under applicable Treasury
regulations and other Revenue Service guidance. If
(A) Participant Election. A Participant (including the participant dies before his/her required beginning
for this purpose, a farmer Employee) may elect, at date and the non-spouse Beneficiary rolls over to an
the time and in the manner the Administrative IRA the maximum amount eligible for rollover, the
Services Provider prescribes, to have any portion of Beneficiary may elect to use either the 5-year rule or
his/her eligible rollover distribution from the Plan the life expectancy rule, pursuant to Treas. Reg. §
paid directly to an eligible retirement plan specified 1.401(a)(9)-3, A-4(c), in determining the required
by the Participant in a direct rollover election. For minimum distributions from the IRA that receives the
purposes of this election, a "Participant" includes as non-spouse Beneficiary's distribution.
to their respective interests, a Participant's surviving
spouse and the Participant's spouse or former spouse (D) Definitions. The following definitions apply to
who is an alternate payee under a QDRO. this Section:
(R) Rollover and Withholding Notice. At least 30 (1) Eligible rollover distribution. An eligible
days and not more than 180 days prior to the rollover distribution is any distribution of all or any
Trustee's distribution of an eligible rollover portion of a Participant's Account, except an eligible
distribution, the Administrative Services Provider rollover distribution does not include: (a) any
must provide a written notice (including a summary distribution which is one of a series of substantially
notice as permitted under applicable Treasury equal periodic payments (not less frequently than
regulations) explaining to the distributee the rollover annually)made for the life(or life expectancy)of the
option, the applicability of mandatory 20% federal Participant or the joint lives (or joint life
withholding to any amount not directly rolled over, expectancies)of the Participant and the Participant's
and the recipient's right to roll over within 60 days designated Beneficiary, or for a specified period of
after the date of receipt of the distribution("rollover ten years or more;(b)any Code§401(a)(9)required
notice"). minimum distribution; (c) any unforeseeable
emergency distribution; and (d) any distribution
(C) Non-spouse Beneficiary rollover right. A non- which otherwise would be an eligible rollover
spouse Beneficiary who is a"designated beneficiary" distribution, but where the total distributions to the
under Code § 401(a)(9)(E) and the regulations Participant during that calendar year are reasonably
thereunder, by a direct trustee-to-trustee transfer expected to be less than$200.
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of normal retirement age, has experienced a
(2) Eligible retirement plan. An eligible Severance from Employment as a Public Safety
retirement plan is an individual retirement account Officer with the Employer.
described in Code§ 408(a), an individual retirement
annuity described in Code § 408(b), an annuity plan (2) Public safety officer. A "Public Safety
described in Code § 403(a), a qualified plan Officer"has the same meaning as in§ 1204(9)(A)of
described in Code § 401(a), an annuity contract (or the Omnibus Crime Control and Safe Streets Act of
custodial agreement) described in Code § 403(b), or 1968(42 U.S.C.§3796b(9)(A)).
an eligible deferred compensation plan described in
Code § 457(b) and maintained by an Employer (3) Qualified health insurance premiums.The
described in Code§ 457(e)(1)(A),which accepts the term "qualified health insurance premiums" means
Participant's, the Participant's spouse or alternate premiums for coverage for the Eligible Retired Public
payee's eligible rollover distribution. For Safety Officer,his/her spouse,and dependents,by an
distributions made after December 31, 2007, a accident or health plan or qualified long-term care
Participant or Beneficiary may elect to roll over insurance contract(as defined in Code§7702B(b)).
directly an eligible rollover distribution to a Roth
IRA described in Code§408A(b). ARTICLE V
ADMINISTRATIVE SERVICES PROVIDER-
(3) Direct rollover. A direct rollover is a DUTIES
payment by the Plan to the eligible retirement plan
specified by the distributee. 5.01 TERM/VACANCY The Administrative
Services Provider will serve until his/her successor is
(4) Mandatory distribution. The appointed. In case the Employer has not appointed a
Administrative Services Provider is directed to make successor Administrative Services Provider, the
a mandatory distribution,which is an eligible rollover Employer will exercise any and all duties of the
distribution, without the Participant's consent Administrative Services Provider pending the filling
provided that the Participant's Account is less than of the vacancy.
$1,000. A distribution to a Beneficiary is not a
mandatory distribution. 5.02 DUTIES. The Administrative Services
Provider will have the following duties:
(5) 401(a)(31)(B) Effective Date. The §
401(a)(31)(B) Effective Date is the date of the close (a) To create administrative forms necessary
of the first regular legislative session of the for the proper and efficient administration of
legislative body with the authority to amend the Plan the Plan provided the forms are not
that begins on or after January 1,2006. inconsistent with the terms of the Plan;
4.08 ELECTION 10 DEDUCT FROM (b) To enforce the terms of the Plan and its
DISTRIBUTION For distributions in taxable years procedures, including this document and such
beginning after December 31, 2006, an Eligible other documents related to the Plan's
Retired Public Safety Officer may elect annually for operation;
that taxable year to have the Plan deduct an amount
from a distribution which the Eligible Retired Public (c) To make, at the direction of the
Safety Officer otherwise would receive and include Participant or Beneficiary or pursuant to
in income.The plan will pay such deducted amounts Section 4.07(D)(4), distributions of an
directly to the provider as described in Section Account;
4.08(A).
(d) To review in accordance with the Plan's
(A) Direct payment. The Plan will pay directly to procedures respecting a claim for (or denial of
the provider of the accident or health insurance plan a claim for)a benefit under the Plan;
or qualified long-term care insurance contract the
amounts the Eligible Retired Public Safety Officer (e) To furnish the Employer with information
has elected to have deducted from the distribution. which the Employer may require for tax or
Such amounts may not exceed the lesser of$3,000 or other purposes;
the amount the Participant paid for such taxable year
for qualified healthcare premiums, and which (f) To make distributions *on account of
otherwise complies with Code§402(1). unforeseeable emergency in accordance with
the Plan's procedures;
(B) Definitions. (g) To accept Deferral Contributions,
(1) Eligible retired public safety officer, An Employer Contributions, and Rollover
"Eligible Retired Public Safety Officer" is an Contributions;
individual who, by reason of disability or attainment
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(h) To accept Transfers; The Administrative Services Provider will continue
to allocate net income,gain and loss to a Participant's
(i) To accept Participant or, in the case of a Account subject to an installment distribution, until
deceased Participant, Beneficiary direction of the Account is fully distributed.
investment;
5.07 ACCOUNT --- -CHARGED The
To comply with any reporting and Administrative Services Provider will charge all
disclosure rules applicable to the Plan; distributions made to a Participant or to his/her
Beneficiary, or transferred under Section 9.03 from
(k) To make loans to Participants if elected by his/her Account, against the Account of the
the Employer; Participant when made,
(1) To appoint agents to act for and in 5.08 PARTICIPANT DIRECTION OF
performing its third party administrative INVESTMENT. Subject to the terms and conditions
services to the Plan;and required by the Administrative Services Provider and
the Trustee, if any,a Participant will have the right to
(in) To undertake any other action the direct the investment or re-investment of the assets
Administrative Services Provider deems comprising the Participant's Account. The
reasonable or necessary to provide third party Administrative Services Provider will account
administrative services to the Plan. separately for the Participant-directed Accounts.The
Participant's right to direct investment does not give
5.03 LOANS TO PARTICIPANTS The the Participant any vested interest or secured or
Employer may elect to permit the Administrative preferred position with respect to assets over which
Services Provider and/or Trustee to make Plan loans he/she has investment responsibility.
to Participants by executing a participant loan
program document with the Administrative Services 5.09 VESTING / SUBSTANTIAL RISK OF
Provider. Any loan by the Plan to a Participant shall FORFEITURE. Each Participant's Account will be
be made in compliance with Code § 72(p). If Plan immediately 100%vested.
loans are permitted, the Administrative Services
Provider, with the approval and direction of the 5.10 PRESERVATION OF ELIGIBLE PLAN
Employer, may establish, amend or terminate from STATUS The Employer may take any such
time to time, nondiscriminatory administrative necessary and appropriate action to preserve the
procedures for administering loans. Such loan status of the Plan as an Eligible 457 Plan.
procedures must be a written document and must
include: (1)the procedure for applying for a loan; (2) 5.11 LIMITED LIABILITY. The Employer
the criteria for approving or denying a loan; (3) the will not be liable to pay plan benefits to a Participant
limitations, if any,on the types and amounts of loans in excess of the value of the Participant's Account as
available;and (4)the events constituting default and the Administrative Services Provider determines in
the steps the Plan will take to preserve Plan assets in accordance with the Plan terms. The Employer, the
the event of default. Any administrative procedures Administrative Services Provider,or the Trustee will
adopted under this Section 5.03 shall be construed as not be liable for losses arising from depreciation or
part of the Plan. shrinkage in the value of any investments acquired
under this Plan.
5.04 INDIVIDUAL ACCOUNTS I RECORDS.
The Administrative Services Provider will maintain a 5.12 LOST PARTICIPANTS. If the
separate Account in the name of each Participant to Administrative Services Provider is unable to locate
reflect the value of the Participant's Deferred any Participant or Beneficiary whose Account
Compensation under the Plan. becomes distributable (a "lost Participant"), the
Administrative Services Provider will apply the
5.05 VALUE OF PARTICIPANT'S provisions of this Section 5.12.
ACCOUNT.The value of each Participant's Account
consists of his/her accumulated Deferred (A) Attempt to Locate.The Administrative Services
Compensation, as of the most recent Accounting Provider will attempt to locate a lost Participant and
Date or any later date as the Administrative Services may use one or more of the following methods: (1)
Provider may determine. provide a distribution notice to the lost Participant at
his/her last known address by certified or registered
5.06 ALLOCATION OF NET INCOME,-�QARN— mail;(2)use the IRS letter forwarding program under
OR LOSS As of each Accounting Date (and each Rev. Proc. 94-22; (3) use a commercial locator
other valuation date determined under Section 5.04), service, the internet or other general search method;
the Administrative Services Provider will adjust (4) use the Social Security Administration or PBGC
Accounts to reflect net income, gain or loss, if any, search program;or(5)use such other methods as the
since the last Accounting Date or Account valuation. Administrative Services Provider believes prudent.
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designation of Beneficiary and,upon the Participant's
(B) Failure to Locate. If a lost Participant is not riling the form with the Administrative Services
located after 6 months following the date the Provider,the form revokes all designations filed prior
Administrative Services Provider first attempts to to that date by the same Participant. Provided the
locate the lost Participant using one or more of the Administrative Services Provider has been provided
methods described in Section 5.12(A), the reasonable notice thereof, a divorce decree, or a
Administrative Services Provider may employ the decree of legal separation, revokes the Participant's
unclaimed property processes of the state of the lost designation, if any, of his/her spouse as his/her
Participant's last known address. Neither the Beneficiary under the Plan unless:(a)the decree or a
Administrative Services Provider nor the Trustee QDRO provides otherwise; or(b)the Participant has
shall be responsible for restoring the Account re-designated his/her former spouse as Beneficiary
(including potential gains) if a lost Participant whose following the date of the divorce decree, or other
Account was deposited with a state later makes a decree of legal separation. The foregoing revocation
claim for his/her Account. provision (if applicable) applies only with respect to
a Participant whose divorce or legal separation
(C) Nonexclusivity and Uniformity.The provisions becomes effective on or following the date the
of this Section 5.12 are intended to provide Employer executes the Plan.
permissible but not exclusive means for the
Administrative Services Provider to administer the 6.02 NO BENEFICIARY DESIGNATION.
Accounts of lost Participants. The Administrative If a Participant fails to name a Beneficiary in
Services Provider may utilize any other reasonable accordance with Section 6.01, or if the Beneficiary
method to locate lost Participants and to administer named by a Participant predeceases the Participant,
the Accounts of lost Participants, including such then the Administrative Services Provider will pay
methods as the Revenue Service or other regulatory the Participant's remaining Account to the
agency may in the future specify.The Administrative Participant's estate.
Services Provider will apply Section 5.12 in a
reasonable manner,but may in determining a specific If the Beneficiary survives the Participant, but
course of action as to a particular Account, dies prior to distribution of the Participant's entire
reasonably take into account differing circumstances Account,the Trustee will pay the remaining Account
such as the amount of a lost Participant's Account, to the Beneficiary's estate unless: (1) the
the expense in attempting to locate a lost Participant, Participant's Beneficiary designation provides
the Administrative Services Provider's ability to otherwise; or (2) the Beneficiary has properly
establish and the expense of establishing a rollover designated a Beneficiary. A Beneficiary only may
IRA, and other factors. The Administrative Services designate a Beneficiary for the Participant's Account
Provider may charge to the Account of a lost Balance remaining at the Beneficiary's death,and the
Participant the reasonable expenses incurred under Beneficiary's designation otherwise complies with
this Section 5.12 and which are associated with the the Plan terms. The Administrative Services
lost Participant's Account. Provider will direct a Trustee if applicable as to the
method and to whom the Trustee will make payment
5.13 PLAN CORRECTION. The under this Section 6.02.
Administrative Services Provider, as directed by the
Employer, may undertake such correction of Plan 6.03 PARTICIPATION AGREEMENT
errors as the Employer deems necessary, including
but not limited to correction to maintain the Plan's (A) General. A Participant must elect to make
status as an "eligible deferred compensation plan" Salary Reduction Contributions on a Participation
under the Code. Agreement form the Administrative Services
Provider provides for this purpose.The Participation
ARTICLE VI Agreement must be consistent with the procedures of
PARTICIPANT ADMINISTRATIVE the Administrative Services Provider. The
PROVISIONS Participation Agreement may impose such other
terms and limitations as the Employer or
6.01 BENEFICIARY DESIGNATION. A Administrative Services Provider may determine.
Participant from time to time may designate, in
writing, any person(s) (including a trust or other (B) Election Timing. A Participation Agreement
entity), contingently or successively, to whom the may not take effect earlier than the first day of the
Administrative Services Provider or Trustee will pay calendar month following the date the Participant
the Participant's Account (including any life executes the Participation Agreement and as to
insurance proceeds payable to the Participant's Compensation paid or made available in such
Account) in the event of death. A Participant also calendar month. However, if an Employee is eligible
may designate the method of payment of his/her to become a Participant during the Employee's
Account. The Administrative Services Provider will calendar month of hire,the Employee may execute a
prescribe the form for the Participant's written Participation Agreement on or before the date he/she
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becomes an Employee, effective for the month in Plan distribution is not able to care for his/her affairs
which he/she becomes an Employee. because of a mental condition, a physical condition,
or by reason of age, the Administrative Services
(C) Sick,Vacation and Back Pay. If the Employer Provider or the Trustee may make the distribution to
adopts a policy that permits Participants to make the Participant's or, Beneficiary's guardian,
Salary Reduction Contributions from accumulated conservator, trustee, custodian (including under a
sick pay, from accumulated vacation pay or from Uniform Transfers or Gifts to Minors Act) or to
back pay, a Participant who will incur a Severance his/her attorney-in-fact or to other legal
from Employment may execute a Participation representative upon furnishing evidence of such
Agreement before such amounts are paid or made status satisfactory to the Administrative Services
available provided:(i)such amounts are paid or made Provider and to the Trustee. The Administrative
available before the Participant incurs the Severance; Services Provider and the Trustee do not have any
and(ii)the Participant is an Employee in that month. liability with respect to payments so made and
neither the Administrative Services Provider nor the
(D) Modification of Participation Agreement. A Trustee has any duty to make inquiry as to the
Participation Agreement remains in effect until a competence of any person entitled to receive
Participant modifies it or ceases to be eligible to payments under the Plan.
participate in the Plan. A Participant may modify
his/her Participation Agreement by executing a new ARTICLE VII
Participation Agreement. Any modification will MISCELLANEOUS
become effective no earlier than the beginning of the
calendar month commencing after the date the 7.01 NO ASSIGNMENT OR ALIENATION.A
Participant executes the new Participation Participant or Beneficiary does not have the right to
Agreement. Filing a new Participation Agreement commute, sell, assign, pledge, transfer or otherwise
will revoke all Participation Agreements filed prior to convey or encumber the right to receive any
that date. The Employer or Administrative Services payments under the Plan or Trust and the
Provider may restrict the Participant's right to modify Administrative Services Provider and the Trustee will
his/her Participation Agreement in any Taxable Year. not recognize any such anticipation, assignment, or
alienation. The payments and the rights under this
6.04 PERSONAL DATA TO ADMIN- Plan are non-assignable and nontransferable.Subject
ISTRATIVE SERVICES PROVIDER. Each to Section 8.15, a Participant's or Beneficiary's
Participant and each Beneficiary of a deceased interest in the Trust is not subject to attachment,
Participant must furnish to the Administrative garnishment, levy, execution or other legal or
Services Provider such evidence,data or information equitable process.
as the Administrative Services Provider considers
necessary or desirable for the purpose of 7.02 EFFECT ON OTHER PLANS.This Plan
administering the Plan. The provisions of this Plan does not affect benefits under any other retirement,
are effective for the benefit of each Participant upon pension,or benefit plan or system established for the
the condition precedent that each Participant will benefit of the Employer's Employees, and
furnish promptly full, true and complete evidence, participation under this Plan does not affect benefits
data and information when requested by the receivable under any such plan or system, except to
Administrative Services Provider, provided the the extent provided in such plan or system.
Administrative Services Provider advises each
Participant of the effect of his failure to comply with 7.03 WORD USAGE. Words used in the
its request. masculine will apply to the feminine where
applicable, and wherever the context of the Plan
6.05 ADDRESS FOR NOTIFICATION. Each dictates,the plural will be read as the singular and the
Participant and each Beneficiary of a deceased singular as the plural.
Participant must rile with the Administrative Services
Provider from time to time, in writing, his/her 7.04 STATE LAW.The laws of the state of the
address and any change of address. Any Employer's principal place of business will
communication, statement or notice addressed to a determine all questions arising with respect to the
Participant, or Beneficiary, at his/her last address provisions of this Prototype Plan,except to the extent
filed with the Administrative Services Provider,or as Federal law supersedes State law.
shown on the records of the Employer, binds the
Participant, or Beneficiary, for all purposes of this 7.05 EMPLOYMENT NOT GUARANTEED.
Plan, Nothing contained in this Plan, or any
modification or amendment to the Plan, or in the
6.06 PARTICIPANT OR BENEFICIARY IN- creation of any Account, or the payment of any
CAPACITATED. If evidence is submitted to the benefit, gives any Employee, Participant or
Administrative Services Provider which supports an Beneficiary any right to continue employment, any
opinion that a Participant or Beneficiary entitled to a legal or equitable right against the Employer, the
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Administrative Services Provider, the Trustee, any
other Employee of the Employer, or any agents 8.02 ACCEPTANCE / HOLDING. The
thereof except as expressly provided by the Plan. Trustee accepts the Trust created under the Plan and
agrees to perform the duties and obligations imposed.
7.06 NOTICE, DESIGNATION, ELECTION, The Trustee must hold in trust under this Article VIII,
CONSENT AND WAIVER. All notices under the all Deferred Compensation until paid in accordance
Plan and all Participant or Beneficiary designations, with the Plan terms.
elections, consents or waivers must be in writing and
made in a form acceptable to the Administrative 8.03 RECEIPT OF CONTRIBUTIONS The
Services Provider. To the extent permitted by Trustee is accountable to the Employer for the funds
Treasury regulations or other applicable guidance, contributed to it by the Employer or the
any Plan notice, election, consent or waiver may be Administrative Services Provider, but the Trustee
transmitted electronically. Any person entitled to does not have any duty to see that the contributions
notice under the Plan may waive the notice or shorten received comply with the provisions of the Plan.
the notice period except as otherwise required by the
Code. 8.04 FULL INVESTMENT POWERS. The
Trustee is authorized and empowered,but not by way
7.07 LIMITATIONS ON TRANSFERS AND of limitation, to exercise and perform the following
EXCHANGES The Employer and the duties:
Administrative Services Provider may adopt
procedures to govern Participant elections and (a) To invest any part or all of the Trust in
directions concerning a Participant's, Beneficiary's, any common or preferred stocks,open-end or closed-
or Alternate Payee's investment specifications and end mutual funds, put and call options traded on a
may impose limitations on transfers and exchanges national exchange, United States retirement plan
from one investment option with the Plan to another, bonds, corporate bonds, debentures, convertible
These procedures shall be in addition to any debentures, commercial paper, U. S. Treasury bills,
established by investment providers to the Plan. The U. S. Treasury notes and other direct or indirect
Employer and the Administrative Services Provider obligations of the United States Government or its
may decline to implement any investment agencies,improved or unimproved real estate situated
instructions for a Participant, Beneficiary, or in the United States, limited partnerships, insurance
Alternate Payee where either deems appropriate. contracts of any type, mortgages, notes or other
property of any kind, real or personal, and to buy or
7.08 EMPLOYER RESPONSIBILITY FOR sell options on common stock on a nationally
DISTRIBUTION OF PLAN RELATED recognized options exchange with or without holding
INFORMATION The Employer will distribute all the underlying common stock, as a prudent person
Plan related amendments, restated plan documents, would do under like circumstances. Any investment
and deferred compensation plan tax related made or retained by the Trustee in good faith will be
documentation to the Administrative Service proper but must be of a kind constituting a
Providers when there are multiple Administrative diversification considered by law suitable for trust
Service Providers of the Plan. investments;
7.09 USE OF PLAN ASSETS THAT ARE (b) To retain in cash so much of the Trust as
NOT ATTRIBUTABLE TO AN ACCOUNT If the it may deem advisable to satisfy liquidity needs of the
Plan receives money that is not attributable to an Plan and to deposit any cash held in the Trust in a
Account, then the Employer will direct the bank account at reasonable interest;
Administrative Services Provider as to the use of
these amounts. Examples include,but are not limited (c) To invest, if the Trustee is a bank or
to, money received by the Plan as part of a similar financial institution supervised by the United
settlement, litigation award or fee reimbursement. States or by a State, in any type of deposit of the
The Employer may use these amounts to offset Plan Trustee (or a bank related to the Trustee within the
expenses or may allocate these amounts to meaning of Code §414(b)) at a reasonable rate of
Participants or as it deems appropriate interest or in a common trust fund as described in
Code §584, or in a collective investment fund, the
provisions of which the Trust incorporates by this
ARTICLE Vill reference, which the Trustee (or its affiliate, as
TRUST PROVISIONS defined in Code§1504)maintains exclusively for the
collective investment of money contributed by the
8.01 APPLICATION.The provisions of bank (or its affiliate) in its capacity as Trustee and
this Article VIII apply only if the Employer has not which conforms to the rules of the Comptroller of the
elected to substitute another trust, custodial accounts Currency;
or annuity contracts in lieu of the Trust established
under this Article VIII.
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457 Governmental Plan and Trust
(d) To manage, sell, contract to sell, grant
options to purchase, convey, exchange, transfer, (n) To furnish to the Employer and the
abandon, improve, repair, insure, lease for any term Administrative Services Provider an annual statement
even though commencing in the future or extending of account showing the condition of the Trust and all
beyond the term of the Trust,and otherwise deal with investments, receipts, disbursements and other
all property, real or personal, in such manner, for transactions effected by the Trustee during the Plan
such considerations and on such terms and conditions Year covered by the statement and also stating the
as the Trustee decides; assets of the Trust held at the end of the Plan Year,
which accounts will be conclusive on all persons,
(e) To credit and distribute the Trust as including the Employer and the Administrative
directed by the Administrative Services Provider of Services Provider,except as to any act or transaction
the Plan,The Trustee will not be obliged to inquire as concerning which the Employer or the
to whether any payee or distributee is entitled to any Administrative Services Provider files with the
payment or whether the distribution is proper or Trustee written exceptions or objections within 90
within the terms of the Plan, or as to the manner of days after the receipt of the accounts;and
making any payment or distribution.The Trustee will
be accountable only to the Administrative Services (o) To begin, maintain or defend any
Provider for any payment or distribution made by it litigation necessary in connection with the
in good faith on the order or direction of the administration of the Trust, except that the Trustee
Administrative Services Provider; will not be obliged or required to do so unless
(f) To borrow money, to assume 8.05 RECORDS AND STATEMENTS. The
indebtedness, extend mortgages and encumber by records of the Trustee pertaining to the Trust will be
mortgage or pledge; open to the inspection of the Employer at all
reasonable times and may be audited from time to
(g) To compromise, contest, arbitrate or time by any person or persons as the Employer may
abandon claims and demands; specify in writing. The Trustee will furnish the
Administrative Services Provider whatever
(h) To have with respect to the Trust all of information relating to the Trust the Administrative
the rights of an individual owner,including the power Services Provider considers necessary.
to exercise any and all voting rights associated with
Trust assets, to give proxies, to participate in any 8.06 FEES AND EXPENSES FROM FUND.
voting trusts, mergers,consolidations or liquidations, The Trustee will receive reasonable annual
to tender shares and to exercise or sell stock compensation in accordance with its fee schedule as
subscriptions or conversion rights; published from time to time. The Trustee will pay
from the Trust all fees and expenses the Trustee
(i) To lease for oil, gas and other mineral reasonably incurs in its administration of the Trust,
purposes and to create mineral severances by grant or unless the Employer pays the fees and expenses.
reservation; to pool or unitize interest in oil,gas and
other minerals; and to enter into operating 8.07 PROFESSIONAL AGENTS, The Trustee
agreements and to execute division and transfer may employ and pay from the Trust reasonable
orders; compensation to agents, attorneys, accountants and
other persons to advise the Trustee as in its opinion
To hold any securities or other property may be necessary. The Trustee may delegate to any
in the name of the Trustee or its nominee, with agent, attorney, accountant or other person selected
depositories or agent depositories or in another form by it any non-Trustee power or duty vested in it by
as it may deem best, with or without disclosing the the Trust, and the Trustee may act or refrain from
trust relationship; acting on the advice or opinion of any agent,
attorney,accountant or other person so selected.
(k) To perform any and all other acts in its
judgment necessary or appropriate for the proper and 8.08 DISTRIBUTION OF CASH OR
advantageous management, investment and PROPERTY The Trustee may make distribution
distribution of the Trust; under the Plan in cash or property, or partly in each,
at its fair market value as determined by the Trustee.
(1) To retain any funds or property subject to
any dispute without liability for the payment of 8.09 RESIGNATION AND REMOVAL. The
interest,and to decline to make payment or delivery Trustee or the Custodian may resign its position by
of the funds or property until a court of competent giving written notice to the Employer and to the
jurisdiction makes a final adjudication; Administrative Services Provider. The Trustee's
notice must specify the effective date of the Trustee's
(m) To file all tax returns required of the resignation, which date must be at least 30 days
Trustee;
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following the date of the Trustee's notice, unless the impose such conditions, limitations and other
Employer consents in writing to shorter notice. provisions as the Trustee may deem appropriate and
as are consistent with the Administrative Services
The Employer may remove a Trustee or a Provider's policy. The Trustee will report to the
Custodian by giving written notice to the affected Administrative Services Provider the net income,
party. The Employer's notice must specify the gain or losses incurred by each Participant directed
effective date of removal which date must be at least Account separately from the net income, gain or
30 days following the date of the Employer's notice, losses incurred by the general Trust during the Trust
except where the Employer reasonably determines a Year,
shorter notice period or immediate removal is
necessary to protect Plan assets. 8.13 THIRD PARTY RELIANCE No person
dealing with the Trustee will be obliged to see to the
8.10 SUCCESSOR TRUSTEE proper application of any money paid or property
delivered to the Trustee, or to inquire whether the
(A) Appointment. In the event of the resignation or Trustee has acted pursuant to any of the terms of the
the removal of a Trustee, where no other Trustee Trust.Each person dealing with the Trustee may act
continues to service, the Employer must appoint a upon any notice, request or representation in writing
successor Trustee if it intends to continue the Plan.If by the Trustee, or by the Trustee's duly authorized
two or more persons hold the position of Trustee, in agent, and will not be liable to any person
the event of the removal of one such person, during whomsoever in so doing. The certificate of the
any period the selection of a replacement is pending, Trustee that it is acting in accordance with the Trust
or during any period such person is unable to serve will be conclusive in favor of any person relying on
for any reason,the remaining person or persons will the certificate.
act as the Trustee. If the Employer fails to appoint a
successor Trustee as of the effective date of the 8.14 INVALIDITY OF ANY TRUST
Trustee resignation or removal and no other Trustee PROVISION. If any clause or provision of this
remains, the Trustee will treat the Employer as Article VIII proves to be or is adjudged to be invalid
having appointed itself as Trustee and as having filed or void for any reason,such void or invalid clause or
the Employer's acceptance of appointment as provision will not affect any of the other provisions
successor Trustee with the former Trustee. of this Article VIII and the balance of the Trust
provisions will remain operative.
(B) Automatic Successor. Any corporation which
succeeds to the trust business of the Trustee, or 8.15 EXCLUSIVE BENEFIT.The Trustee will
results from any merger or consolidation to which the hold all the assets of the Trust for the exclusive
Trustee is a party,or is the transferee of substantially benefit of the Participants and their Beneficiaries and
all the Trustee's assets, will be the successor to the neither the Employer nor the Trustee will use or
Trustee under this Trust. The successor Trustee will divert any part of the corpus or income of the Trust
possess all rights, duties and powers under this Trust for purposes other than the exclusive benefit of the
as if the successor Trustee were the original Trustee. Participants and Beneficiaries of the Plan. The
Neither the Trustee nor the successor Trustee need Employer will not have any right to the assets held by
provide notice to any interested person of any the Trustee and the Trust assets will not be subject to
transaction resulting in a successor Trustee. The the claims of the Employer's creditors or, except as
successor Trustee need not file or execute any provided in Section 4.06, of the creditors of any
additional instrument or perform any additional act to Participant or Beneficiary. No Participant or
become successor Trustee. Beneficiary shall have any right to sell, assign,
transfer or otherwise convey his/her Account or any
8.11 VALUATION OF TRUST. The Trustee interest in his/her Deferred Compensation.
will value the Trust as of each Accounting Date to Notwithstanding the foregoing, the Administrative
determine the fair market value of the Trust assets. Services Provider may pay from a Participant's or
The Trustee will value the Trust on such other date(s) Beneficiary's Account the amount the Administrative
the Administrative Services Provider may direct. Services Provider finds is lawfully demanded under a
levy issued by the Internal Revenue Service with
8.12 PARTICIPANT DIRECTION OF respect to that Participant or Beneficiary or is sought
INVESTMENT Consistent with the Administrative to be collected by the United States Government
Services Provider's policy adopted under Section under a judgment resulting from an unpaid tax
5.02(i),the Trustee may consent in writing to permit assessment against the Participant or Beneficiary.
Participants in the Plan to direct the investment to the The Trust created under the Employer's Plan is
Trust assets. The Administrative Services Provider irrevocable and its assets will not inure to the benefit
will advise the Trustee of the portion of the Trust of the Employer,
credited to each Participant's Account under the Plan,
and subject to such Participant direction. As a 8.16 SUBSTITUTION OF CUSTODIAL
condition of Participant direction, the Trustee may ACCOUNT OR ANNUITYCONTRACT. The
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457 Governmental Plan and Trust
Employer may elect to use one or more custodial amendments are necessary to continue the Plan as an
accounts or annuity contracts in lieu of or in addition Eligible 457 Plan.
to the Trust established in this Article VIII.Any such
custodial account or annuity contract must satisfy the 9.02 TERMINATION / FREEZING OF
requirements of Code §457(g)(3) and applicable PLAN. The Employer has the right, at any time, to
Treasury regulations. terminate this Plan or to cease (freeze) further
Deferral Contributions to the Plan. Upon termination
8.17 GROUP TRUST AUTHORITY. Not- or freezing of the Plan, the provisions of the Plan
withstanding any contrary provision in this Plan, the (other than provisions permitting continued Deferral
Trustee may, unless restricted in writing by the Contributions) remain operative until distribution of
Administrative Services Provider, transfer assets of all Accounts. Upon Plan termination, the
the plan to a group trust that is operated or Administrative Services Provider or Trustee shall
maintained exclusively for the commingling and distribute to Participants and Beneficiaries all
collective investment of monies provided that the Deferred Compensation as soon as is reasonably
funds in the group trust consist exclusively of trust practicable following termination.
assets held under plans qualified under Code section
401(a), individual retirement accounts that are 9.03 TRANSFERS. The Plan: (a) may accept
exempt under Code section 408(e), and eligible a Transfer of a Participant's Account in another
governmental plans that meets the requirements of employer's Eligible 457 Plan; or(b) may Transfer a
Code section 457(b). For this purpose, a trust Participant's (or Beneficiary's) Account in this Plan
includes a custodial account that is treated as a trust to the another employer's Eligible 457 Plan. The
under Code section 401(o or under Code section other plan involved in the Transfer must provide for
457(g)(3). For purposes of valuation,the value of the Transfers. The Participant or Beneficiary, after the
interest maintained by the Plan in such group trust Transfer will have Deferred Compensation in the
shall be the fair market value of the portion of the recipient plan at least equal to his/her Deferred
group trust held for Plan, determined in accordance Compensation in the transferring plan immediately
with generally recognized valuation procedures. before the Transfer. Any Transfer also must comply
with applicable Treasury regulations, and in
ARTICLE IX particular Treas. Reg. §§1.457-10(b)(2) as to post-
AMENDMENT,TERMINATION,TRANSFERS severance transfers between Eligible 457 Plans;
1.457-10(b)(3) as to transfers of all assets between
9.01 AMENDMENT BY EMPLOYER f Eligible 457 Plans;and 1.457-10(b)(4)as to transfers
SPONSOR. The Employer has the right at any time between Eligible 457 Plans of the same Employer.
and from time to time: The Administrative Services Provider will credit any
Transfer accepted under this Section 9.03 to the
(a) To amend this Plan and Trust Agreement in Participant's Account and will treat the transferred
any manner it deems necessary or advisable in order amount as a Deferral Contribution for all purposes of
to continue the status of this Plan as an Eligible 457 this Plan except such Transfer will not be treated as a
Plan;and Deferral Contribution subject to the limitations of
Article III. The Plan's Transfer of any Participant's
(b) To amend this Plan and Trust Agreement in or Beneficiary's Account under this Section 9.03
any other manner, including deletion, substitution or completely discharges the Employer, the
modification of any Plan or Trust, Administrative Services Provider,the Trustee and the
Plan from any liability to the Participant or
The Employer must make all amendments in Beneficiary for any Plan benefits.
writing. The Employer may amend the Plan by
addenda, by separate amendment, or by restatement 9.04 PURCHASE OF PERMISSIVE
of the Plan. Each amendment must state the date to SERVICE CREDIT A Participant,prior to otherwise
which it is either retroactively or prospectively incurring a distributable event under Article IV, may
effective. The Employer also may not make any direct the Trustee to transfer (as of January 1,2002,
amendment that affects the rights, duties or or later) all or a portion of his/her Account to a
responsibilities of the Trustee or the Administrative governmental defined benefit plan (under Code
Services Provider without the written consent of the §414(d)) for: (a) the purchase of permissive service
affected Trustee or the Administrative Services credit (under Code §415(n)(3)(A)) under such plan,
Provider. or (b) the repayment of contributions and earnings
previously refunded with respect to a forfeiture of
The Employer will accept amendments from service credited under the plan (or under another
the Administrative Services Provider (including governmental plan within the same State) to which
adoption of a substitute Plan and Trust)without being Code §415 does not apply by reason of Code
required to re-exceute the Plan, provided that the §415(k)(3).
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457 Governmental Plan and Trust
IN WITNESS WHEREOF,the undersigned has executed this Plan and Trust to become effective the *"3 day of
Se"-PTZM6ZM ,2015'for tlie:
.45.<S 5L/fi'L-Gt4eWV*9-S44 AtAy 7�,,�Og
(Plan Name)
By:
(signature)
Nut If1+ A'M
(printed name)
a-T
(titic/roley
20 1/10
DC4057-0211
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 21-021
Sponsor: Matt Busby Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
As required by Apache Junction City Code, Volume I, Chapter 3:Administration, Article 3-3:
Department of the Finance, §§ 3-3-1 (C), the city manager is seeking ratification for the
removal of Donna Meinerts from the position of Finance Director and ratification for
appointment of Leslie DeReche to the position of Finance Director.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 21-023
Sponsor: Bryant Powell Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Presentation of proclamation designating the month of January 2021 as Speak Up, Stand Up,
Save a Life month.
City of Apache Junction,Arizona Page 1 Printed on 111312021
r
Vroclam tion
SPEAK UP, STAND UP, SAVE A LIFE MONTH
JANUARY 2021
WHEREAS, the Speak Up, Stand Up, Save a Life movement presents an ideal opportunity to
help bridge the gap between young people, our local community, government and
law enforcement in a positive way; and
WHEREAS, our local schools are facing preventable suicides and tragedies that may include
warning signs in person or online,but bystanders and friends remain silent among
threats or cries for help; and
WHEREAS, our young people can be empowered to report concerning posts or comments to
school representatives or law enforcement, and adults can receive training to help
spread the message it is okay to care enough to speak up, stand up and save a life;
and
WHEREAS, more than 4,500 Arizona students from 157 public, charter,private and tribal
schools have learned the message and created student-led impact projects in their
schools and communities that have impacted over 400,000 youth in the state of
Arizona.
NOW, THEREFORE, I, Chip Wilson,by virtue of the authority vested in me as Mayor of the
City Apache Junction, Arizona, do hereby proclaim the month of January, 2021 as:
SPEAK UP, STAND UP, SAVE A LIFE MONTH
NOW THEREFORE BE IT RESOLVED, that Arizona schools, students, parents, educators,
police departments, and community organizations are encouraged to coordinate a variety of
awareness and prevention activities designed to make our communities safer and promote a
healthy environment for all children and adolescents.
Signed and attested to this day of 2021.
WALTER"CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 20-653
Sponsor: Chip Wilson Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Announcement of current events from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 20-688
Sponsor: Bryant Powell Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 21-025
Sponsor: Bryant Powell Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Introduction of and discussion with Apache Junction Finance Director Leslie DeReche.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 20-647
Sponsor: Larry Kirch Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Presentation, discussion and public hearing and consideration of Ordinance No. 1498,
amending the Apache Junction City Code, Volume 1, Chapter 4:Fees; Article 4-4: Development
Services Fees, §4-4-3 Planning, Subdivision and Zoning Fees.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City ofApache Junction
W
Development Services Department
Staff Memorandum
ATE: January 19, 2021
TO: Mayor, City Council
T U: Bryant Powell, City Manager
Matt Busby, Assistant City Manager
FROM: Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager
SUBJECT: Revisions to Volume I, Chapter 4, Fees— Creation of Fees for zoning
processes related to Master Planned Communities, annexation processing,
community facility districts, group home applications,homeowner site
plan preparation and customized review schedules.
BACKGROUND
As the council considers several items related to the annexation and development of
approximately 2,800 acres of state land as well as surrounding land, staff is proposing amending
Volume I, Chapter 4 Fees, Article 4-4. Planning, Building, Zoning and Subdivision Fees in
order to collect fees for several processes related to Master Planned Communities. Staff is also
proposing to create fees for processing annexations, formation of Community Facility Districts,
group home applications, assisting homeowners in the preparation of site plans for building
permits and create a fee structure for developments that wish a customized review schedule.
The proposed fees have been advertised on the city's main webpage as required by Arizona
statutes for at least 60 days (since October 22, 2020 (attached).
Planning&7-oning—Building& Safety—Revenue Development
300 E. Superstition Boulevard - Apache Junction,AZ 85119 - Ph: (480)474-5083 - Fax(480)982-7010
ORDINANCE NO. 1498
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 4 : FEES; ARTICLE 4-4 :
DEVELOPMENT SERVICES FEES, § 4-4-3 PLANNING, SUBDIVISION
AND ZONING FEES REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE AND A REVOLVING SIXTY MONTH REVIEW PERIOD.
WHEREAS, pursuant to Arizona Revised Statutes ("A.R. S . ")
Title 9, cities and towns are authorized to charge administrative
fees for planning, building, zoning services and subdivision
reviews; and
WHEREAS, on October 19, 1999, the mayor and city council
passed Ordinance No. 1084 which created Article 4-4 : Planning,
Zoning Review and Subdivision Fees; and
WHEREAS, to keep up with inflation and general governmental
practice, the mayor and city council amended the fee schedule on
September 5, 2006 by passage of Ordinance No. 1274, on October 3,
2006 by passage of Ordinance No. 1278, on April 5, 2016 by
passage of Ordinance No. 1422, and on March 19, 2019 by passage of
Ordinance No. 1469, and on December 9, 2019 by passage of Ordinance
No. 1482; and
WHEREAS, staff recommends in order to more accurately reflect
the actual cost of providing governmental services to the public
the fee schedule for development services including planning,
building, and zoning fees, be amended to create fees for entitlement
processes for master planned communities, master planned community
unit plans, annexation processing, group home applications, minor
general plan amendments, community facility districts, customized
review schedule, and homeowner site plan preparations; and
WHEREAS, pursuant to A.R. S §§ 9-801 (1) and 9-802, Apache
Junction City Code, Volume 1, Chapter 4 : Fees, Article 4-4 :
Development Services Fees, may be adopted after posting for 60 days
on the city website and after a public hearing, and
WHEREAS, such fees were posted on the city website for 60 days
starting on October 22, 2020, and
ORDINANCE NO. 1498
PAGE 1 OF 4
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
A) SECTION I IN GENERAL
B) That certain fees be amended and/or created in Apache
Junction City Code, Volume I, Chapter 4 : Fees, Article 4-4 :
Development Services Fees .
C) That the following fees in § 4-4-3 PLANNING, SUBDIVISION AND
ZONING FEES be enacted.
FEE TYPE FEE
Group home applications/registration inspection $60
Homeowner site plan preparation $30
Annexation Processing $1, 500 + $25 per each additional parcel
Minor General Plan Amendment $1, 250
Formation of community facilities districts, plus deposit
$15, 000 + $60, 000 Deposit
CFD Development Agreement $15, 000
CFD Development Agreement Amendments $5, 000
MPC Development Agreement $20, 000
MPC Development Agreement Amendments $5, 000
Zoning entitlement process for Master Planned Communities ("MPC")
$25, 000 + $30/ac
Major amendment to MPC districts $25, 000 + $30/ ac
Minor amendment to MPC districts $3, 000
MPC Development Unit Plans $3, 000 + $60/ac up to 100 ac,
plus $20/ac from 101 ac to 200
ac, + $10/ac over 200 ac
Major amendment to MPC Development Unit Plans $3, 000
Minor amendment to MPC Development Unit Plans $1, 250
ORDINANCE NO. 1498
PAGE 2 OF 4
MPC pre-application meetings $2, 500
MPC Unit Plan pre-application meetings $1, 500
Customized Review Schedule Double application fees
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other 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 decisions shall not affect the validity of the
remaining portions thereof.
SECTION IV ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective February
21, 2021 .
SECTION V ESTABLISHING A REVIEW PERIOD
Before the end of each sixty month period after its passage,
adoption and approval by the mayor and city council, staff shall
review the fees and provide a recommendation to the mayor and
city council for any amendments .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19th DAY OF January 2021 .
SIGNED AND ATTESTED TO THIS 19th DAY OF January, 2021 .
WALTER "CHIP" WILSON
Mayor
ORDINANCE NO. 1498
PAGE 3 OF 4
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
ORDINANCE NO. 1498
PAGE 4 OF 4
Arizona law Q.R.S. .�9 4�99.15) requires that government entities provide written notice on their website home page of the proposed
new or increased taxes or fees. When the City of Apache Junction has such a change to report, it will be posted to this page 60 days
prior to Council voting on such changes.
New! Notice of Proposed ed Changes to Fees & ChaEges: Planning nZoning Administrative Fees Development
Services e ar tment
In accordance with A.R.S. §9-49915, public notice is hereby given that the Apache Junction City Council will hold a Public Hearing
on January 19, 2021 at 7:00 p.m at City Hall, City Council Chambers, 300 E. Superstition Boulevard, Apache Junction, AZ 85119
to consider Ordinance#1498,proposed changes to fees & charges for the Development Services Department .
Posting Date: 1012212020
Planning and Zoning Administrative Fees Update-2020/21
The City of Apache Junction is proposing to amend Apache Junction City Code Volume 1, Chapter 4, Fees, Article 4-4, Development
Services Fees , Section 4-4-3 to amend administrative fees for Planning and Zoning applications. The fees being proposed are for
applications for processes that currently do not have fees or they are new processes that currently do not exist. Fees that are being
considered include: customized review schedule, the creation of community facilities districts including a deposit, fees for group home
applications/registration, processing annexations, Minor General Plan amendments, zoning entitlement process for Master Planned
Communities ("MPC"), major and minor amendments to MPC districts, MPC Development Unit Plans and major and minor
amendments to MPC Development Unit Plans, MPC and MPC Unit Plan pre-application meetings, and fees for MPC/CFD
Development Agreements and Amendments. Below is a list of proposed fees.
Action being
Description
Existing Proposed Fee proposed
Fee Inc., Dec.,NC,
New, Eliminated
Group home applications/registration inspection $0 $60 New Fee
Homeowner site plan preparation $0 $30 New Fee
1
Annexation Processing $0 $1,500 + $25 per each additional parcel New Fee
Minor General Plan Amendment $0 $1,250 New Fee
Formation of community facilities districts,plus $0 $15,000 + $60,000 Deposit New Fee
deposit
CFD Development Agreement $0 $15,000 New Fee
CFD Development Agreement Amendments $0 $5,000 New Fee
MPC Development Agreement $0 $20,000 New Fee
MPC Development Agreement Amendments $0 $5,000 New Fee
Zoning entitlement process for Master Planned $25,000 + $30/ac New Fee
Communities ("MPC") $0
Major amendment to MPC districts $0 $25,000 + $30/ac New Fee
Minor amendment to MPC districts $0 $3,000 New Fee
MPC Development Unit Plans $0 $3,000 + $60/ac up to 100 ac,plus $20/ac from New Fee
101 ac to 200 ac, + $10/ac over 200 ac
Major amendment to MPC Development Unit $0 $3,000 New Fee
Plans
Minor amendment to MPC Development Unit $0 $1,250 New Fee
Plans
MPC pre-application meetings $0 $2,500 New Fee
MPC Unit Plan pre-application meetings $0 $1,500 New Fee
Customized Review Schedule Double application fees New Fee
2
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 21-009
Sponsor: Rudy Esquivias Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Presentation, discussion and public hearing on proposed annexation case AN-1-20. This is a
privately-initiated annexation request by Dan Bonow, representing D.R. Horton Inc. and the
Arizona State Land Department, proposing to annex an area approximately 6,600 acres in size,
generally located south of the Elliot Avenue alignment, east of Meridian Drive, north of the State
Route 24/Frye Road alignment and west of the CAP canal. Tonight's hearing is for discussion
and public input purposes only.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City of 4pache
� Junction
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DATE: January 5, 2021
T ; Honorable Mayor and City Council Members
THROUGH; Bryant Powell, City Manager
Larry Kira , Development Services Director
FROM: Rudy Esquivias, PlanningManager/Zoning
SUBJECT:,-° 2021 l--
Proposed Annexation of 6,600acres of land south
Elliotof Avenue
This is s proposed annexation request by D.R. Horton Inc. ,
represented by Dan Bonow (also acting as agent on behalf of the
Arizona State lurid Department) , for approximately 6, 600 acres of
vacant state trust land. The property is bounded by the W.
Elliot Avenue alignment and the State Route 4/Frye Road
alignment on the north and south, respectively; and by S.
Meridian Drive and the Central Arizona Project canal on the west
and east, respectively.
City staff is working with D.R. Horton, their development
partner Brookfield Residential, and the state land department
(°'LD") to annexand plea the development of the property under
the lty' s general plan master Planned Community designation
(see SLD authorization letter and D.R. H ton' s annexation
narrative "attached)
The subject site is currently located in Pinal County
jurisdiction and is bordered by the City of Apache Junction on
the north, by the City of Mesa on the west, by the Town of Queen
Creek on the south and unincorporated Pinal County to the east.
The only substantial improvement currently within the annexation
area is Ironwood Drive, which runs through the property in a
north/south direction. The property is currently zoned GR
(General Rural) by Pinal County. Upon successful annexation
into the City, the subject site will be assigned the city' R.S--
R (General Rural Low Density Single-family Detached
Planning Zoning-,..,. Building&S tyReiwnue Dei,clopment
300 E.Superstition ot l �cird •Apaclie Junction,AZ 85119 Pli:(480) 7 - 0 *Fax( 0)p _'7010
-1 } Hs t n/ o field/ D)
PAGE of
Residential) zone, which is the c equivalent or very
similar zoning district to Pinal County' s.
"mentioned above and in the applicant' s narrative, the
developers and the city are also working on rezoning the
property to the city' a MPC zoningdistrict. The MPCrezoning
will closely follow the annexation. The MPC zoning will also
extend to additional SLD property (part of the "retained
property") which is already inside the city limits, to the north
of the Elliot alignment , While , acres is proposed to be
annexed, the eventual MPC zoning will encompass approximately
8, 100 total acres. D.R. Horton has purchased approximately
2, 800 of the 8, 100 acres—an area basically bounded by Elliot and
Flay l& ) and Meridian and Idaho ( & ) m Together with their
partner, Brookfield Residential, this four-plus square miles
will be developed first.
Annexation Case Rand
As part of the annexation process required by Arizona Revised
Statutes `° P ") § 9-471, and after verifying that the
configuration of the property satisfies the length, Width and
ntiguen y requirements wider state''lace for a proposed
annexation area, on December , 2020, the city filed a blank
(unsigned) annexation petition with the Pin al County Recorder' s
Office (recorded blank petition attached) . ARS requiresthat
the City Council, hold a public hearing to discuss the proposed
annexation within the last 10 days of a 30-day period subsequent
to the recording of the blank petition, but prior to collecting
signatures. The Council may NOT adopt an ordinance to annex lard
t this public haring. The purpose of the hearing is to receive
public comment and discuss the proposed annexation.
The City may begirt collecting petition signatures after January
1, 2021. State Statutes then give the City d time frame of one
year, after the 0 day waiting period, to collect the necessary
number of signatures of consent. After the signatures have been
collected and recorded, Planning Staff will prepare are
annexation ordinance to be adopted by the City Council at
separate public haring.
The City will become responsible for services including police
protection and zoning and coda enforcement. The site will
eventually also receive service from the Sewer district, Ai
Planning&Zoning-Building &Safety- Rei,enue Dei,elopment
300 E, per%ition Boulevard *Apache 1 Junction,AZ 85119 * Pfr 4 0)474- 0 Fax 4 ) "-7 J 1 1
AN-1 J Hot n okfield/
PAGE 3 of
Water District and the Fire District, among ether service and
utility r providers. Separate, but integral to the annexation of
the property, staff, developers and other agencies are all
working together on pre-annexation development tent
intergovernmental agreements, community il ty district
agreements, MPC documents and other items to plan for the
infrastructure--below ground and surface improvements—which
promise to make th .s first phase of the art Superstition Vistas
lands a beautiful Master planned community and the future of
Apache Junction.
Plannincr DivisionRecommendation
Public input and discussion only at this time.
All records pertaining to this annexation are available on file
in the Planning Division Office at 300 E. ; Superstition er g
Please rat'dt to case file AN-1 her inquiring about this
case
Attached:
- STUD authorization letter s D.R. Horton
D.R. Horton annexation narrative
Bleak Annexation Petition J an a . area map, recorded 12-22_2
Planning& Zoning w Building&SqftV,.... ietfienue Development
0 E.Superstition Boulevard -Apache ch unctio ,AZ 85119 0) `4- 08 -F&x -7
S
{
1
{
Douglas A.Ducey Lisa A.Atkins
Governor Commissioner
Asizona
State Land Department
t616 Vilest Adam,Ph a ;AZ 85W7
(0 54 -43 s
y
December 1,22
Dan o no ,
Director of Plying&Entitlements
D.R.Horton,Inc.
20410 $ 1911 Ave.,Suite 100
Phoenix, 2
State st land located in TI S,R8E,Section(s) 1 -22,27- e City of Apache
Junction and unincorporated Pinal County
ASLD Certificate of PurchaseKE#53-120190
Land Sale for Urban Development—Pre-Application Meeting
Dear Mr.Bonow:
The Arizona State Land Department (the "'Dep rtrnenf' or ".€ SC ") has received your request
representing D.R. Hcarton, Inc. for permission to act as authorized dent for the Department t
apply to the City of Apache Junction e "Jurisdiction) for an annexation rezoning
Pre-
application meeting(the"Entitlements') State Trust land described abode; x
D.R. Horton, Inc,, its employees, representatives, agents, and/or consultants (hereinafter
"Applicant") ere r as permission to file for the Entitlements as required
Jurisdiction.
Please be advised following conditions and understandingsaccompany s approval:
a
L Applicant shall pay all costs associated with the Entitlements and shall not be reimbursed
y the Department or by any subsequent purchaser at auctions
2. Applicant,their employees,representatives, agents, car consultants shall,
to act as the Department's agents to procure the Entitlements and say related permits- or
approvals a erequired (the"Entitlement rc e ,subject to final review and
approval y the Department
Applicant shall diligently pursue the satisfaction of all Entitlements. Further, it shall
respond to allinquiries by the Department as to the status of the Entitlement Proem,and
provide regular updates . out formal request.
a
Wwm
azIand
Y
t
z
f
4. prior to beginning Entitlement Process, the Applicant t provide the Departnent t
with an outline of, e proposal and a timeline for the process which identifies key dates
with the Jurisdiction or otherjurisdictional agency staff project hearing datesy
envy or jurisdiction. All documentation, including,but not limited to: lard use plans,
engineering i s, application materials and development agreements, shall be
submitted to the Department for approval for to the date the documentation is filed with
e apprt i ' isdictiorr& A copy of the application shall be submitted to the Department
an e same dayit is filed vvith the Jurisdiction or other jurisdictional agency.
�
. The Department staff shall be invited to,but not required to attend, all meetings with the
various agencies, elected officials, and the Jurisdiction as the Entitlements are processed
through relevant hearings. A minimum of five businessdays'notice shall be provided
to Department staff in advance of any meeting.
Applicant shall submit to the Department all staff reports and draft stipulations that will be
considered e Jurisdiction on the day they are received by the Applicant,and at least
ten l 0 business days before each public meeting_ or hearing,if possible.
7. e Jurisdiction is authorized to dater and inspect the subject property.
x
8.
s authorization may be revolved at any time without notice and in no way creates an
obligation on the part of the Department of any kind.
Ali information e provided to PaulPeterson,ASLD Senior Administrative Counsel,with a.
copy to me.
e Department appreciates your consideration in this matterd looks forward to working with
you through this process. Please contact Paul Peterson at - or pet d. o
or me at 2- 2- 331 or medelman@azland.gov if you have any questions.
Sincerely,
Mark Edelman,AICP
Director
Planning Engineering Division
a
cc: Karrin Taylor Robson,ArizonaStrategies
Bob Kammerle,Brookfield Properties Development
J,
ANNEXATION ARRATIVE
SUPERSTITION VISTAS
December 6,202
Two of the real estate industry's most prominent companies, D.R. Dorton and Brookfield Residential,
have partnered to brie high-quality toaster-planned community development to the City of Apache
Junction (the "City"), D.R. Horton has consistently delivered trap-quality new homes to hnmebuyers
across the nation, maintaining a commitment to excellence and the top spot as America's largest
hornebui der. Brookfield Residential is one of the lamest real estate managers and developers in the
world,whose core objective is to create the best places to call homey
.R> Horton's and Brookfield Residential's initial planning effort and entitlement requests will
encompass approximately 8,100 acres(the "Site")of land currently situated in Pinal County,south of
the municipal boundaries of the City and is commonly referred to as the first phase of"Superstition
Vistas",a 270 square mile area of land owned in trust by the Arizona State Land Department, The Site
is trade op of two parcels,the first is approximately 2,78 acres of land auctioned by the Arizona State
Land Department on November 4 2020 where D.R. Horton was the ginning bidder (the "Auction
Property")and the second parcel consists of approximately 5,306 acres which is being retained by the
State Land Department for future disposition{the"Retained Property"
This annexation request complies with A.R.S. §9-471 at seq. Specifically,the Site meets the statutory
contiguity requirements, the dimensional requirements and no unincorporated territory will be
completely surrounded by the City following annexation. In addition, because title to the Site is
currently held in trust by the Arizona State Land Department, written authorization required by the
Commissioner has been provided and approval by the State Selection Board has been obtained. All
other statutory requirements will be met as we proceed through the process.
The Auction Property and the Retained Property zoning will be processed as two separate applications
For Master Planned Community "MPC") zoning. D.R. Horton and Brookfield Residential will be the
applicant for the Auction Property and the Arizona State Land Department will be the applicant for
the Retained Property. Each application will be accompanied by a MPC plan containing the criteria b
which the City will administer and regulate the zoning and development of the Auction Property and
the Retained Property, respectively. Each DIPC plan will include overall land use budgets including
residential densities and intensities as well as allowable non-residential uses,densities and intensities.
The land use budgets will be utilized in preparing the roaster infrastructure studies to support the
requested entitlements. The MPC plan for the Auctions Property will also establish parameters for
development including development standards,site planning"aesthetics or ether planned features.
The MPC plans will divide the Auction Property and the Retained Property into Development units
and the respective land use budgets will allocate land rises, densities and intensities within each of
the Development units. The r1 C plans will also provide for processes to approve and amend
Development unit Plans and will provide for smaller Planning units to be created within Development
Units. Planning units will allow For right-sized construction phasing and more finite land planning,
This hierarchy of planning (Development Units further divided into Planning nits) allows the
respective development teams to plan and construct more manageable physical areas. The concept
for Development units and Planning units will be further detailed within the MPC plan describing hoer
they will be prepared, reviewed,implemented,and amended.
As part of the agreement with the Arizona State Land Department auction,an application needs to be
fled with Apache unctions to annex land in to the city limits: The annexation area "Annexation
Property" will comprise all of the Auction Property and a portion of the Retained Property. The
portion of the Retained Property north of Elliot Road is already in the city limits from a previous
annexation and is not included in the Annexation Property. In total, this is approximately 6,600 ac
that is being requested to be annexed.
ZONING
The Annexation Property is currently zoned GR (General Residential) in Pin al County. In the C y's
2020 General Plan, this area is designated as "Master Planned Community (20 du ac Max)". As was
previously menti ned it will be part of one of two future MPC zoning applications that have been
filed. It is expected that the Annexation Property will yield approximately 25,000 DU in total 18
iT a ,
EXISTING CONDITIONS
The Annexation Property is currently vacant desert, with the exception of Ironwood Road that is a 4
lane, divided roadway that goes from north to south through it. Utilities will need to be brought t
the site, and sewer will need to be gravity fed to a lift station, tentatively sited to be rear Meridian
and Williams Field Road. That sewage would then be forced to the northeast to the existing
treatment facility on the east side of ironwood, north of Elliot. Water will heed to be brought to the
site by means of new lines installed in Ironwood from the Surface Water Treatment Facility that is
north of Guadalupe Road.
The Annexation Property currently does not have any structures.
UTILITY PROVIDERS
It is expected that the site would be served by the following providers,
Water Apache Junction rater District JW
Sewer Superstition Mountain CF CF[
Electricity Salt River Project SRP
Gas Southwest teas Corp. S
We are currently in the process of working with all of these entities to ensure that they have the
capacity to handle a parcel of this size. The area is currently in the service area for AJ , but will
need to be added to S 'ICFD. It is also in the SRP and SWG service area:
CITY SERVICES
It is requested that the City provide the following services for the Annexation Property.
Police City of Apache Junction
Fire Apache Junction Fire District
Trash City of Apache Junction
School Apache Junction School District
e are working with each of these entities to determine what their reeds are to ensure that
adequate service can be provided. The closest existing fire station is Station 25 , which is on Idaho
north of Southern, 4 miles north of the site. The police department is located at Idaho and
Superstition Roulve rd,almost 5 miles north of the site
It is anticipated that one or more school sites be sat aside for schools and that a new fire station be
located within the Annexation Property. The closest elementary school-to the site is Avalon
Elementary,which is 5 miles north of the site. The nearest middle and high schools in the district are
Cactus Carryon Junior High School and Apache Junction High School,both 4 miles north of the site,
The Auction Property and the Retained property will each be accompanied y a pre-annexation
development agreement(the"P l s") by the applicants as stated above,which will set forth,among
other things,the rights and obligations of the respective parties for implementation of the MPC Plants,
provision of certain infrastructure and abiic services, The s will also include provisions
governing assignment of rights and obligations to successors and assigns of the respective properties.
Finally, as you are acre, large scale master-planning nin requires flexibility to manage through various
market cycles and changing consumer demands. The MPC zoning documents and PADAs
contemplated for the Auction Property and the Retained Property will establish a vision for the Site
and a regulatory framework offering flexibility for uses, design and implementation based on end
users and market cycles. This flexibility will be a benefit to the State and State Land Trust
beneficiaries,the City and all current and future development partners;
OFFfCtAL RECORDS OF
PIN AL COUNTY RECORDER
Virginia Ross
When recorded, mailCity of s
Apache Junction DATEfTIFED: $15,00
c/o Development Services Dept. PAGES 10
300 E. Superstition Blvd. FEE NUMBER -1
34297
Apache Junction, AZ 85119
PETITION FOR ANNEXATION
-2
C THE HONORABLE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA:
We, the undersigned, the owners of sane-half or - more in
value of the real and personal property and more than one-
half of the persons owning real and personal property that
would be subject to taxation by the City of Apache Junction
in the event of annexation wifhin the territory proposed two
be :annexed, which is hereafter described, said territory
being contiguous to thecorporate limits of the City of
Apache Junction, with the exterior boundaries of the
territory proposed to be annexed shown on the map attached
hereto, marked Exhibit "A" and made s part hereof, request
the City of Apache Junction to annex the following
described territory, provided that the requirements of
Arizona Revised Statutes yl, and amendments thereto are
fully observed.
The description of the territory proposed to be annexed,
not already within the present limits of the City of Apache
"unction and located in Pin al County, Arizona, is as
follows:
(SEE ATTACHED LEGAL DESCRIPTION AND MAP OF PROPOSED
ANNEXATION AREA, LABELED EXHIBIT "'A"
Petitioners p ific l.ly directed that this instrument
placed and joined with other similarly worded instruments
and thus presented to the City Council of the City of
Apache Junction, Final County, Arizona, as the petition for
Annexation for that parcel of lard which has specifically
been described herein and which is depicted by the map
attached hereto as Exhibit. "A" The undersigned request
that. the City Council of the City of Apache ,function,
Arizona, then consider the Petition for Annexation so
created just the same as if said Petition were one singular
instrument with all petitioners' names affixed thereto.
PETITION O ANNEXATION (C:AS A I_ )
PACE
DATE NAME OF OWNER(S) SIGNATURE OF OWNER(S)
LEGAL DESCRIPTION OF PROPERTY; ACID/CAR LOT MBE (S) AND
SUBDIVISION; AND/OR COUNTY TAX ASSESSOR' S PARCEL NUMBER(S) :
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CITY OF APACHE
EXHIBIT - LEGAL DESCRIPTION
Sections 17 0, 28-30, and portions of Sections 16, 21, 22, 27, and
31-34, Township 1 South, Range 5 East, Gila and Salt River Meridian,
Rlna 1 County, Arizona,
BEGINNING at the Northwest corner of Section 1.5, Township I South,
Range S East,
THENCE East along the North line of Sections 18 and 17 to the
Northeast corner of Section 17, also being the Northwest corner of
Section 16, "Township I Swath, Range 8 East,
THENCE East along the North line of Section 16 to a point on the West
line of the C.A.P. Canal ,
THENCE Southeasterly along the West line of the C.A. P. Canal through
Sections 16 21, 22, 27, and 34, Township l South, Range S East, to a
paint_Sara the East-West mid-section line of Section 34,
FENCE west along the East--West mid-section lies of Sections 34, 33,
32 and 31 to the Southeast corner of Lot 4 in Section 31, Township 1
South, Range S East,
"THENCE North along the East line of Lots 4 and 3 to the Northeast
corner of Lot 3 and a point can the North line of Section 31, 'Township
I South, Range 8 East
THENCE West along the North line of Section 31 to the northwest corner
of Section 31, also tieing the Southwest corner of Section 35,
THENCE North along the West line of Sections 30, 19, and 18, "Township
1 South, Range 8 East, to the Northwest corner of Section 15, being
the POTNT OF BEGINNING;
EXCEPT for the following described property.
A portion of Government Lots 1, 2 and 3, and the North half of the
Northeast t quarter of Section 18, Township 1 South, Range 8 East, Gila
and Salt River Meridian, Rinal County, Arizona, described as follows:
BEGINNING at the Southeast corner of Section 12, Township I South,
Range 7 East, from which the East quarter corner of said Section 12
bears rile"39° n15" , a distance of 2637.77 feet; THENCE EE 00* 39' 0 " 7,
along the East line of said Section 12 a distance of 359.15 feet to
the Northwest corner of Section 18, Township 1 South, Range 8 East;
THENCE N39045° 43"E, along the North line of the Northwest quarter of
said Section 19 a distance of 3579. 88 feet to the berth quarter
corner of said Section IS; THENCE 9045' 43"E, along the North line of
the Northeast quarter of said Section 18, a distance of 1935.46 feet;
`RE1 CAE S9 039" 05"E, a distance of 404 .31 :feet; THENCE S 0 5' 43"W, and
parallel to the North line of said Section 13, a distance of 4115..02
feet; THENCE CE 9 37' 5" ?, a distance of 1400.51 feet to the POINT -OF
BEGINNING (containing 50.95 acres more or less)
Douglas A. Ducey Lisa A.Atkins
Governor
Commissioner
Arizona State Land Department
1616 West Adams,Phoenix,Arizona 85007
(IS 7)542-4 31
July 2 , 21
Honorable Jeff Scrdy Mayor
City of Apache Junction
300 E. Superstition Bled.
Apache Junction, AZ 85119
State Selection card; Proposed Annexation of State "rust Land
Dear Mayor Scrdy,
t is a pleasure to advise you that on July 17, 2019, the State Selection Board approved the City
f Apache Junction's ction's proposed annexation of State Trust-land. The State Selection Board's
approval is included in the meeting minutes, and are pasted on the State wand Department's
website Fitt l d.a s o state-s l ctit rt-hoard. Thepurpose of this letter is to notify, youf the
approval and advise you ofthc additional steps necessary to complete the annexation.
Pursuant to Arizona Revised Statutes Title , §47 1¢&L, annexation of State Trust land requires
the approval ofth State Selection Board and the State Land Commissioner. The Commissioner
will provide written-approval following the Apache Junction Council approval of a pre-
annexation development agreement,
ASLD is will continue working with City stadf to develop a strategy for annexing and entitling
the State Trust land that was approved for annexation by the Selection Board.
e look forward to working with you and your staff toward a successful annexation.
Should you have any questions, please contact Marl, Edelman at 602-542-6331 or
rit dclman i ngly , on
Sihrly,
Lisa A.Atkins
State Laud Commissioner
cc: Bryan Powell, City of Apache Junction, Manager
Serving Arizonae Seboals and Public Inst tntions since 1915
STATE SELECTION BOARD MEETING MINUTES
Arizona State Capitol Building
1700 W, Washington Street
2nd Floor Conference Room
Phoenix, Arizona. 57
Wednesday,July 17,201
Selection Board Members Present: Douglas A. Ducey, Governor
Kimberly Yee, State Treasurer
Selection Board MemberAbsent: Mark Brnovich, Attorney General
Governor's Office Staff enter Moore,Natural Resources Policy Advisor
Nicole Coyler, Deputy General Counsel
State Ladd Department: Lisa . Atkins, State Lard Commissioner
Wesley P. Mehl, Director of Strategic Projects
David Jacobs, Assistant Attorney General
Stag Land Department Staff James Perry, DeputyCommissioner
Mark Edelman, Director of Planning and Engineering
Christine Thurston, Executive Assistant
Trinity Porlber P PS I /BOA Clerk
Michelle Green, Lazarus, Sil yn and Bangs
Treasurer's Office Staff; Mark Swenson, Deputy'Treasurer
Call to Order
The State Selection Board Meeting was called to order by Governor Ducey at 2 p.m. Governor
Joey welcomed everyone and thanked State 'Treasurer Kimberly 'fee for attending, Governor
Ducey nested that Mark Brnovich, Attorney General was unable to attend the meeting today;
however, the Board had a quorum and was are conduct business
Governor Ducey introduced State_Land Commissioner Lisa A. Atkins who provided comment can
the State Land Department. Commissioner Atkins introduced Director of StrategicProjects Wesley
Mehl who also "provided comment on the State Land Department,
Commissioner Lisa A. Atkins also noted a letter was received by the Arizona State Land
Department on July 16, 2019 from the City of Phoenix regarding agenda item . The letter will be
added into the record for the Selection Board.
Call to Public
Governor Ducey asked if anyone from the Public would like to address the Selection Board.
No Public Comment,
Consent Agenda
I. Approval of Affinotes - Revicit, and approval of the ininittes fi-oln the jane 11, 2018 Selection Board
ineeting.
2. City of Avondale Right of Way Annexation— The State Land Coalliassioner requests approvalfor the
alinavation of qpproxhnalc 6 acres qfState Trust land, a strip of land up to 100jeet ivide and 1.1 iniles
hing, in TIN RI IV Section 36 located in Alaricopa County, beliveen the 115"'Avenue aligninent oil the
cast and E I Mirage Road oil the ivest, into the Citt,of Avondale, This annexation correcty all en-or in the
City of Avondale annexation ordinance dated November 13, 1990 that excluded this strip of State Trust
landfroin the annewition.
3. 001 of Scottvdalc Right of Way Anna ration - The State Land Conunissioner requavis approvalfor the
annexation of all State Thist land, approximately 3 acres, "ithin to strip of land 10-feet ivide and
approxintately 8 aides long, in TW 114E Sections 2-7, 27 and 34 located in la ricopa Countly* along
Scottsdale Roadfiront Deer Malley Road oil the north to approxintately 03 ntiles north of the CAP Canal
oil the vouth, into the City of Scoleydale. This State Trust land nits left out of the original anne-ration of
Scottsdale Road into the Cill,ofScousdale,
4. City of jUesa Atate-vations- Both of the followingState Trust parcels, along with roughly 960 acres of
private land, art,,surrounded by the Citi,ofk1esa olljole-seal
4.1 City of Mesa Joner Loop Anne ration. The State Land Con"nissioner, and 11 group of
private property oinners, reqUest aj rovaljbr the annexation 0j'approxiinatety 320
acres of State TKist land in TIS R 7E Sections 16& 17, located in Uaricopa County,
I rest and or of Lool)202, into the City qfAlesa,
4.2 001 of 111asa Outer Loop Annevation - The State Land Commissioner, and a group of
private property oivnerv, request al)provalfor the annexation of approxinzatelv 320
acres of State Trust land at TIS 1 7E Section 16, located in Alaricopa County, ("fist Of
Loop 202, hater the City of Mesa,
5. City of Yuma Annexation—The State Land Commissioner requests approvalfor the annexation of State
Trust hold in T8S R2I JI'Sections 29, 30, 31 & 32 and T9S R21 IV Section 6, approximately 1,282 acres
located in Dann Couno,, irest of the l'unta Proving Grounds, into the City of Yuma. Yunia is the only
nearby inunicipalin, and the anne-X anti On 11-111faCifitate the extension of municipal services to the Starts
Trust land and an adjacent private continunity that ivishes to be annexed,
6. Tonvi of Ea gar Ann e-vation- The State Land Connnissioner requests approval for the annexation Qf
State Thist land in T8A1 R28E Section 11, approxintately 160 acres, located in Apache Couno,, along
State Roane 260, into the Tome of Ea gar. The annexation 1vilijacifitate the developinent of the State
Trust land and enable the annexation of a neighboring parced oivned by the Toutt into/lie Town.
Gov car Ducey asked for a motion, Treasurer Yee called for at motion to approve items I through
6 as described on the Consent Agenda. Govemor Ducey seconded the motion. Motion approved.
Regular Business
7. h), of Apache Jitu tin Anne—ration — The State Land Commissioner requ sts appi ov al.for, the
catanav ation of approximately d,tr 7 acres of State Trust load in TIS R8E Sections 16, 17, 18, 19, 20, 21,
7 7, 28 29, 30, 31, 32, 33, & 34, located in Pinal °ountt� oath of Elliot Road, west of the CAI'
Coral and trot th of Sisal l outa_2 , into the City a AI)ac he Junction.
Director Wesley I Mehl presented on the City ofApache Junction Annexation.
Governor Ducey asked for a motion, Treasurer Yee made as motion to approve the Arizona State
Selection Board proposed annexation of approximately 6,687 acres of State Trust, as presented today,
into the Cityof ApacheJunction, GovernorDucey seconded the motion. motion appro%ed
8. iti, r 'ar ea., nite-v ati as-Tlrc#Steatc,.Lttttcl C"a ttrrtrivvitesta°t- (la sts ill) oital i-the cheer veatiott , `c rc°lt
of tile ltcarcels of State Trust land listed below, all located in Maaricoper Couqy, totaling taj)j)ro-xhna'ttc"fa=
1,120 acres into the City ofPeafia.
&I Parcel A-1 located in the north half ofT"4N rat E Section 8,approximately 78 acres.
,2 Parcel -L I located in the southeastern quarter of T4N RI E Section ,approximately
acre.
8,3 Parcel B located in T4N RI E Sections 18 & 19, roughly bounded by Tessmer Road
oil the west,Rose Garden Lane n the south, l tl7th and 10 th Avenues on the cast slid
WilliamsRoad on the north, approximately 189 acres,
A Parcel C located in T5N P E Sections 17 & 20, an 40-foot wide parcel roughly
bounded by 99th Avenue on the cast from the Ditcilc a Drive alignment on the south
to near the CAP Canal on the north,approximately 174 acres.
Director Wesley Mehl presented on the City of Peoria Annexation items 8.1 through . .
Governor Ducey asked for a motion. Treasurer Yee made a motion to approve the proposed annexations
described in agenda items 8.1 through 8.4, as presented today, into the City of Peoria. Governor Ducey
seconded. Motion Apprm d;
8.5 Parcel D-1 located its T4 3 RIW Sections 1 & 2, between Loop 303 on the cast are
the 119th Avenue alignment on the west from the Jomax Road alignment on the north
to near Calls Fe cos on the south,approximately 287 acres
.6 Paired 1 a1.I located in T4N RI W Sections T :12,between Loop 303 on the west and
the I I5th Avenue alignment on the cast freers the Jomax load alignment on the north
to near Calle Lejos on the south,approximately 176 acres.
Director Wesley Meld presented on City ofPeoria Annexation items 8,5 and 8,6.
Governor Ducey asked for d motion. Treasurer Yee made a motion to approve the proposed annexations
described n agenda items 8.5 and 8.6, as presented today, into the City of Peoria. Governor Ducey
seconded the motion. Motion Approved,
d.
8.7 Parcel 1 -2 located in T4N R ice' Section 11, between Loop 303 on the south and the
West Wing substation on the north from the 123rd Avenue alignment on the dart to
the wash corridor on the west,approximately 42 acres.
8.8 Parcel 1 -3,1 located in T4N R I W Section 11, between Loop 303 on the north and the
Pinnacle Peal Road alignment on the south frr rrr the 133rd Avenue alignrnent on the
cast to the wash corridor on the west,approximately I 1 acres.
8.9 Parcel D-3 located in T4N R I W Section 11, between Loop 303 on the south and the
cMie etr Dam Outlet Channel on the north from the wash corridor on the east to the
Dysart Road alignment on the West,approximately 209 acres.
S,10 Parcel D3.1 located in T4N R 1 W Section 11, between Loop 303 on the north and
the Pinnacle Perth Road alignment on the south from the wash corridor on the east to
the Dysart Farad alignment crrt the east,approximately 44 acres.
Director Wesley Metil presented on City of Peoria Annexation items 8.7 through 8.10.
Governor Ducey asked for a motion. Treasurer Yee made a motion to approve the proposed annexations
described in agenda items 8.7 through 8.10, as presented today, into the City of Peoria, Motion
approx ed,
® Adjournment
As there was no further business, Governor Ducey adjourned the t eetin t 2:58 p.m.
AFFIDAVIT REGARDING ANNEXATION CASE
Personally appears before me 'Jennifer Pena, who, first
being duly sworn deposes and says as follows
1 . 1 make this affidavit Of my own personal
knowledge.
2 . 1 am the duly appointed City Clerk of the City of
Apache Junction, Arizona, and 1 am qualified "to
make this f l it on behalf of and for the
City.
2. 1 have Made a diligent search of the records of
the Office of the Clerk of the City and of the
Office of the Final County Recorder orde a any
annexation fling which might involve territory
sought to be annexed in the City Annexation
Petition, which is tiled herewith with exhibits,
in the Office of the Pinal County Recorder,
4 . 1 hereby affirm, pursuant to A.R. S. §9 - 1 ) ,
that no part of the territory for which the
attached Annexation Petition is filedis already
subject to an earlier filing for annexation.
FURTHER AFFIANT SAYETH NOT.
n' fer- na
ty Cleo
SWORN TO AND SUBSCRIBED before me
This ray of 2ectinber, 2020.
Notary y Public for the State of Arizona
1y commission expires: - -
6LR,t
,
OFFICIALSEAL
Moureen Freddckson
NOTARY PUBLIC-ARIZONA
COMM# 549B31
eMyComm.UomsJuty4,2022
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 20-676
Sponsor: Rudy Esquivias Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1499,
case PZ-7-19, a city-initiated rezoning of a 2.37-acres property located at 978 E. Roosevelt
Street, from General Rural Low Density Single-family Detached Residential ("RS-GR")to
Medium Density Single-family Detached Residential by Planned Development("RS-20/PD")for
the purpose of creating land split and development opportunities.
City of Apache Junction,Arizona Page 1 Printed on 111312021
City ofApache Junction
Development Services Department
Date : January 19, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager
From: Kendra Ellner, Planning Intern
Subject: January 19, 2021 City Council Public Hearing Item:
PZ-7-19 (Ordinance No. 1499) , City initiated rezoning
of 978 E . Roosevelt St. (Item continued from Dec. 1
Council meeting)
Background
The 2 . 37 acre property being considered in this rezoning is
located between N. Royal Palm Road and Cactus Road, on the North
side of E . Roosevelt Street. The parcel is identified as Pinal
County Tax Parcel No. 101-18-0340 and is proposed to be rezoned
from General Rural Low Density Single-Family Detached
Residential ("RS-GR") to General Rural Low Density Single-Family
Detached Residential by Planned Development ("RS-GR/PD") . In
order to create a 2-lot land split, one being 1 . 25 acres on the
west lot and 1 . 12 acres on the east lot, with reduced front
setbacks .
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission public hearing was held on
November 10, 2020, the Commission voted to continue the case to
their Planning and Zoning Commission meeting of December 8, 2020
and requested staff to present additional exhibits in order to
make a more informed decision. On Dec 8, staff returned with two
additional lot split options that included one showing the
approximately 2 . 37 acre parcel to be split directly in half; and
the other depicting a 1 . 25 acre lot on the west side of the parcel
and 1 . 12 acre lot on the east . The Planning and Zoning Commission
voted to approve the rezoning request, from RS-GR to RS-GR/PD,
with conditions reflected in the draft Ordinance #1499 .
Neighboring property owners and local residents spoke at the public
hearing. Specifically James Boerighter, who lives directly east of
the subject property. His main concern was that he did not want
any horses next to his property and that some additional clean-up
may be necessary before selling the lots .
Staff Recommendation
Staff supports the commission recommendation and the approval of
city-initiated rezoning case PZ-7-19 subject to the conditions
found in draft Ordinance #1499 .
Attachments:
- Ordinance No. 1499
- PZ Staff Report with attachments from December 8, 2020
- PZ Staff Report with attachments from November 10, 2020
ORDINANCE NO. 1499
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE
ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA,
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY DESCRIBED IN REZONING CASE PZ-7-19, A
PROPOSED REZONING FROM GENERAL RURAL LOW DENSITY SINGLE-
FAMILY DETACHED RESIDENTIAL ("RS-GR") TO GENERAL RURAL LOW
DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL BY PLANNED
DEVELOPMENT ("RS-GR/PD") ; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the 2 . 37 acre property located between N. Royal
Palm Road and N. Cactus Road on the north side of East Roosevelt
Street, is currently designated "Low Density Residential" (1 . 25
acre minimum lots) by the city' s general plan land use map; and
WHEREAS, the proposed rezoning represents a minor general
plan amendment and would allow the creation of lots that reflect
consistency with the character of the immediate neighborhood;
and
WHEREAS, as part of this rezoning the city intends to split
the parcel with a planned development overlay, allowing reduced
front setback deviations to alleviate some of the topographical
constraints and allow greater development opportunities; and
WHEREAS, the item was continued by the planning and zoning
commission from November 10, 2020 to December 8, 2020; and
WHEREAS, on December 8, 2020 the Apache Junction planning
and zoning commission voted 5 : 1 to recommend to council the
approval of the rezoning case PZ-7-19 to RS-GR/PD (General Rural
Low Density Single-Family Detached Residential By Planned
Development) for the purpose of creating a 2-lot land split with
one +/- 1 . 25 acre lot and another +/-1 . 12 acre lot under the
conditions set forth in Section I below.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
ORDINANCE NO. 1499
PAGE 1 OF 3
SECTION I IN GENERAL
The zoning district classification on the zoning district map
for the parcels of land legally described as :
The Southeast quarter of the Northwest quarter of the
Southwest quarter of the Northeast quarter of Section 21,
Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona;
EXCEPT the West 16 . 5 feet thereof; and
EXCEPT therefrom, all coal, oil, gas and other mineral
deposits, as reserved in the Patent recorded in Docket 172,
Page 368 .
be and hereby is amended from General Rural Low Density Single-
Family Detached Residential ("RS-GR") to General Rural Low
Density Single-Family Detached Residential by Planned
Development ("RS-GR/PD") , for the purpose of creating a 2-parcel
land split, one being 1 . 25 and another 1 . 12 acres, subject to
the following conditions of approval :
1) Following effective rezoning approval, city staff shall
take all necessary steps to split property as conceptually
approved.
2) Staff shall coordinate with the city engineer on any
additional right-of-way or utility easement needs,
including the dedication of the south 25 feet of the
property for roadway and utility purposes .
3) City shall disclose to prospective buyers that additional
property improvements and service extensions may be
necessary upon purchase .
4) All applicable permits and development fees will be due at
the time of development.
5) Horses shall only be allowed on the 1 . 25 acre lot, with an
RS-GR/PD zoning to allow a 25-foot front setback; and the
other conventional RS-GR setbacks of 40-foot rear and 20-
foot sides .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1499
PAGE 2 OF 3
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, 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 DAY OF ), 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
Walter ""Chip" Wilson
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1499
PAGE 3 OF 3
City ofApache Junction
Development Services Department
Date : December 8, 2020
To: Planning and Zoning Commission
Through: Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager
From: Kendra Ellner, Planning Intern
Subject: December 8, 2020, P&Z Public Hearing Item:
PZ-7-19, City initiated rezoning of 978 E . Roosevelt
St.
Background
The 2 . 37 acre property being considered in this rezoning is
located between N. Royal Palm Road and Cactus Road, on the North
side of E . Roosevelt Street . The parcel is identified as Pinal
County Tax Parcel No. 101-18-0340 and is proposed to be rezoned
from General Rural Low Density Single-Family Detached
Residential ("RS-GR") to Medium Density Single-Family Detached
Residential by Planned Development ("RS-20/PD") . The rezoning is
considered a Minor General Plan Amendment from Low Density
Residential to Medium Density Residential and proposes to bring
the property into conformance with the surrounding neighborhood
including allowing for a land split and horse privileges on
property.
Planning and Zoning Commission Recommendation
The Commission continued this case to December 8th, at their meeting
of November 10, 2020 (planning staff report and exhibits attached) .
Staff was directed to come back with two additional lot split
options : one showing the approximately 2 . 37 acre parcel to be split
directly in half; and the other depicting a 1 . 25 acre split on the
west side of the parcel and 1 . 12 acre lot on the east.
Staff Recommendation
Staff still recommends the approval of city-initiated rezoning
case PZ-7-19 subject to the conditions found in the staff report.
Because this case was advertised for the Council meeting of
December 1st, the rezoning case was presented to Council . However,
Council voted to continue the item to their meeting of January 19,
2021, in order to give the Commission the opportunity to formally
make a recommendation on the case .
Attachments :
- Initial Proposal of 3-lot Land Split Exhibit
- Half and Half Land Split Exhibit
- East/West Land Split Exhibit
- PZ Staff Report from November 10, 2020, with all attachments .
,..; Inital proposal of 3-lot land split 0 65 130eet
with easement and setbacks 978 E. ROOSEVELT ST
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DISCLAIMER:This map was produced without benefit of a field survey and is not the intended use.The use of this map is for informational purposes only and the City of Apache Junction makes no warranty,expressed or implied,regarding the reliability of the information provided.
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DISCLAIMER:This map was produced without benefit of a field survey and Is not the Intended use.The use of this map Is for Informational purposes only and the City of Apache Junction makes no warranty,expressed or Implied,regarding the roll ability of the Information provided.
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: November 10, 2020
CASE NUMBER: PZ-7-19
OWNERS/APPLICANTS: City of Apache Junction (owner/applicant)
REPRESENTATIVE: Kendra Ellner
REQUEST: Rezoning request from RS-GR (General Rural
Low Density Single-Family Detached
Residential) to RS-20 (Medium Density
Single-Family Detached Residential) . For
the purpose of developing the property and
splitting the parcel into 3 lots, each
approximately +/- 34, 485 sq. ft.
LOCATION: The property, totaling approximately 2 . 37
acres, is located between Royal Palm Road
and Cactus Road, on the North side of E .
Roosevelt Street.
GENERAL PLAN/
ZONING DESIGNATION: Low density residential opportunity area.
SURROUNDING USES: North: The Foothills Mobile Home Park
(RS-GR) ; Superstition Skies
Restaurant (RM-2)
South: Two Single-Family Parcels (RS-GR) ;
East: Single-Family home and duplex
(RM-2)
West: Two Single-Family Parcels (RS-GR)
PZ-7-19 City of Apache Junction
Page 1 of 5
Planning&Zoning—.Building& Safety—Revenue Development
300 E. Superstition Boulevard * Apache Junction,AZ 85119 * Ph: (480)474-5083 *Fax(480)982-7010
BACKGROUND
In July of 2019, Development Services Staff sought direction to
staff from the Commission to process a city initiated rezoning
after the City acquired this land as a donation from the former
owners in 2016 . This parcel had a history of neighborhood
complaints and code compliance issues . It was often occupied by
vagrants and trespassers while the owners of the property lived
in Germany. The City was notified of these issues by the
neighbors and were able to remove the trespassers and their
assembled structures with the property owner' s cooperation.
Following these events, the owner did not wish to deal with the
parcel any further and thus donated it to the city.
The City received approval from the Commission on July 23, 2019
to proceed with the requested city initiated rezoning and a
parcel land split. The parcel is currently zoned RS-GR (General
Rural Low Density Single-Family Detached Residential) ; the
minimum lot size is 1 . 25 gross acres (54, 450 sq. ft. ) .
PROPOSAL
In order to properly rezone and split the parcel and to keep the
new lot sizes in conformance with the recommended zoning, staff
was originally seeking approval to rezone the property to RS-20
(Medium Density Single-Family Detached conventional homes/
20, 000 sq. ft. minimum lots) . If approved, the rezoning will be
followed by a 3-lot land split, creating lots of approximately
34, 485 sq. ft. each.
Staff believes the rezoning will provide for the highest and
best use of the property and the City will eventually sell the
new parcels . The Commission has consented that Planning Staff
take all necessary actions to meet the legal requirements set
forth in state law regarding notification of this pending
action. Staff believe the rezoning and land split of this
property would designate a compatible land use pattern for the
area and provide new owners the opportunity to build three new
homes .
More recent and timely topographical information (see Exhibit
#7) , about the property has led the staff to recommend rezoning
to RS-20/PD instead, for reasons explained below.
PZ-7-19 City of Apache Junction
Page 2 of 5
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Boulevard *Apache Junction,AZ 85119 * Ph: (480)474-5083 -Fax(480)982-7010
PLANNING STAFF ANALYSIS AND FINDINGS
Relationship to General Plan:
The subject site is designated by the City' s General Plan as a
"Low Density Residential" opportunity area, normally
characterized by 1 . 25 acre single-family lots . Because this
rezoning proposes lots smaller than 1 . 25 acres, but does not
include an area larger than 10 acres, the rezoning is considered
a minor General Plan amendment . The proposed rezoning, however,
is in character with the development of the neighborhood with
regard to varying lot sizes and uses in the area.
Zoning/Site Context:
Residential developments exist to the north, south, east and
west of the site including a small mobile home park property at
the northwest corner. The parcels to the south and west are
still zoned RS-GR, but there is also designated RM-2 High-
density residential directly to the east . The proposal is to
rezone and split a vacant low density parcel into 3-medium
density parcels . In essence, a parcel split should allow
additional single-family development and create a variety of
land uses in the surrounding residential neighborhoods .
The site is less than a mile from downtown. Quick access to Old
West highway and N. Apache Trail will support the growing
density and economic activity of Apache Junction where the City
is trying to create a cohesive and vibrant community.
Planned Development Zoning:
Because of the site' s undulating topography and tributary
washes; and because of the character of the greater surrounding
neighborhood including many horse properties; staff proposes
that the rezoning be to RS-20 by Planned Development (RS-20/PD) .
Furthermore, as planned development deviations, staff recommends
setbacks of 20-foot front and rear; and that 2 horses per lot be
allowed.
Infrastructure Improvements:
Currently there are some utility services on the site that
haven' t been utilized in over a year. If the land is to be sold
and developed, new owners will need to contact utility providers
to bring additional services to the site . Further improvements
to the site, such as grading have been discussed with Public
Works, and proposed listing of the parcels will follow the
rezoning and land split.
PZ-7-19 City of Apache Junction
Page 3 of 5
Planning&Zoning-Building&Sgfety-Revenue Development
300 E.Superstition Boulevard ® Apache Junction,AZ 85119 - Ph: (480)474-5083 - Fax(480)982-7010
Public Input:
The City sent the required documentation and posted signage to
inform the residents within 300-ft on October 19, 2020 and
newspaper display advertising on October 24, 2020 . Staff received
two questions via telephone from one neighboring property-owner.
They were generally in favor of the rezoning but had a concern
about the quality of the roadway and wondered if the City would
be doing additional road improvements . Currently the site is
accessed from Cactus Road and is partially improved with chip
seal . Extension to Royal Palm is currently under discussion
internally.
The other question was about how the property is going to get
access to utility services . Planning staff is working with the
Water District on the possibility of infrastructure improvements
to the site, which will eventually be served by AZ Water Co.
PLANNING DIVISION RECOMMENDATION
The Planning Division recommends approval of the rezoning
request, from RS-GR to RS-20/PD, with conditions as listed under
the recommended motion below:
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL) of rezoning case PZ-
7-19, a request by the City of Apache Junction (owner/applicant) ,
represented by Kendra Ellner, to rezone a +/-2 . 37 acre property
located between N. Royal Palm Road and N. Cactus Road, on the
North side of E . Roosevelt Street from RS-GR (General Rural Low
Density Single-Family Detached Residential) to RS-20/PD (Medium
Density Single-Family Detached Residential by Planned
Development) , for the purpose of creating an opportunity for a
3-parcel land split under the following conditions :
1) Following effective rezoning approval, City staff shall
take all necessary steps to split property as conceptually
approved.
2) Staff shall coordinate with the City Engineer on any
additional right of way or utility easement needs,
including the dedication of the south 25 feet of the
property for roadway and utility purposes .
3) City shall disclose to prospective buyers that additional
property improvements and service extensions may be
necessary upon purchase .
PZ-7-19 City of Apache Junction
Page 4 of 5
Planning&Zoning_Building&,Safety—Revenue Development
300 E.Superstition Boulevard *Apache Junction,AZ 85119 * Ph: (480)474-5083 « Fax(480)982-7010
4) All applicable permits and development fees will be due at
the time of development .
5) The RS-20/PD zoning shall allow setbacks of 20-foot front
and rear yards and 10-foot side yards; and 2 horses shall
be allowed on each lot .
Prepared by Kendra Ellner
Planning Intern
Attachments:
Exhibit #1 - Vicinity Map
Exhibit #2 - Aerial Map
Exhibit #3 - Zoning Map
Exhibit #4 - General Plan Future Land use area map
Exhibit #5 - Conceptual Land Split Map
Exhibit #6 - Conceptual Net Area Diagram
Exhibit #7 - Topography Map
PZ-7-19 City of Apache Junction
Page 5 of 5
Planning& Zoning—Building& Safety—Revenue Development
300 E. Superstition Boulevard - Apache RMCtion,AZ 85119 - Ph:(480)474-5083 - Fax(480)982-7010
� Vicinity_ Ma
PZ 19
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DISCLAIMER:This map was produced without benefit of a field survey and is not the intended use.The use of this map is for informational purposes only and the City of Apache Junction makes no warranty,expressed or implied,regarding the reliability of the information provided.
VICINITY MAP APACHE JUNCTION LAND SPLIT MAP LSM -
NOT TO SCALD
SUPERSTITION BBLVD. A PORTION OF THE NORTHEAST 1 /4 OF
' CORNERSECTION 21 ,SECTION 21 FND 3/4- PIPE E. SCENIC ST.
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APPROVAL.-
SECTION 21 , FND COTTONTHIS IS TO CERTIFY THAT THIS MAP COMPLIES WITH THE
/- N 1 2" REBAR, UN , FF; PICKER SPINDLE REQUIREMENTS OF THE CITY OF APACHE JUNCTION, AND THAT
r ALSO FND 1 2" DEBAR IN FENCE IS THIS LAND SPLIT A 7S HEREBY APPROVED ON THIS
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ORDINANCE NO. 1499
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE
ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA,
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY DESCRIBED IN REZONING CASE PZ-7-19, A
PROPOSED REZONING FROM GENERAL RURAL LOW DENSITY SINGLE-
FAMILY DETACHED RESIDENTIAL ("RS-GR") TO GENERAL RURAL LOW
DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL BY PLANNED
DEVELOPMENT ("RS-GR/PD") ; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the 2 . 37 acre property located between N. Royal
Palm Road and N. Cactus Road on the north side of East Roosevelt
Street, is currently designated "Low Density Residential" (1 . 25
acre minimum lots) by the city' s general plan land use map; and
WHEREAS, the proposed rezoning represents a minor general
plan amendment and would allow the creation of lots that reflect
consistency with the character of the immediate neighborhood;
and
WHEREAS, as part of this rezoning the city intends to split
the parcel with a planned development overlay, allowing reduced
front setback deviations to alleviate some of the topographical
constraints and allow greater development opportunities; and
WHEREAS, the item was continued by the planning and zoning
commission from November 10, 2020 to December 8, 2020; and
WHEREAS, on December 8, 2020 the Apache Junction planning
and zoning commission voted 5 : 1 to recommend to council the
approval of the rezoning case PZ-7-19 to RS-GR/PD (General Rural
Low Density Single-Family Detached Residential By Planned
Development) for the purpose of creating a 2-lot land split with
one +/- 1 . 25 acre lot and another +/-1 . 12 acre lot under the
conditions set forth in Section I below.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
ORDINANCE NO. 1499
PAGE 1 OF 3
SECTION I IN GENERAL
The zoning district classification on the zoning district map
for the parcels of land legally described as :
The Southeast quarter of the Northwest quarter of the
Southwest quarter of the Northeast quarter of Section 21,
Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona;
EXCEPT the West 16 . 5 feet thereof; and
EXCEPT therefrom, all coal, oil, gas and other mineral
deposits, as reserved in the Patent recorded in Docket 172,
Page 368 .
be and hereby is amended from General Rural Low Density Single-
Family Detached Residential ("RS-GR") to General Rural Low
Density Single-Family Detached Residential by Planned
Development ("RS-GR/PD") , for the purpose of creating a 2-parcel
land split, one being 1 . 25 and another 1 . 12 acres, subject to
the following conditions of approval :
1) Following effective rezoning approval, city staff shall
take all necessary steps to split property as conceptually
approved.
2) Staff shall coordinate with the city engineer on any
additional right-of-way or utility easement needs,
including the dedication of the south 25 feet of the
property for roadway and utility purposes .
3) City shall disclose to prospective buyers that additional
property improvements and service extensions may be
necessary upon purchase .
4) All applicable permits and development fees will be due at
the time of development.
5) Horses shall only be allowed on the 1 . 25 acre lot, with an
RS-GR/PD zoning to allow a 25-foot front setback; and the
other conventional RS-GR setbacks of 40-foot rear and 20-
foot sides .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1499
PAGE 2 OF 3
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, 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 DAY OF ), 2021 .
SIGNED AND ATTESTED TO THIS DAY OF f 2021 .
Walter ""Chip" Wilson
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1499
PAGE 3 OF 3
PZ-7 - 19
City- Initiated Rezoning
978 E . Roosevelt Street
City of Apache Junction
City Council Meeting
January 19, 2021
Background
• The +/-2 . 37-acre subject property was donated to the city
after it was abandoned for several years often occupied by
trespassers while owners lived in Germany.
• Timeline :
• July 23, 2019 city approved direction to staff.
• November 10, 2020 staff presented to commission
• Continued case to December 8, 20204 P&Z motion
• December 1, 2020 staff presented to council
• Continued case to January 19, 2021
Zoning Map
Surrounding properties :
- RM-2 ( Multi-family
Residential )
- RS-GR ( Low-density
Residential )
Aerial Map
Zoning:Current {
sR
y
r
(General
Rural
s
Single-Family
Detached Residential)
P&Z Commission
Recommended
Zoning
(RS-GR/PD)
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Planning and Zoning Commission Motion
• APPROVAL of rezoning case PZ-7- 19, a request to
rezone a +/-2 . 37 acre property located between Royal
Palm Road and Cactus Road, on the north side of E .
Roosevelt Street, from RS-GR to RS-GR/PD ( General
Rural Low Density Single- Family Detached Residential
By Planned Development) for the purpose of creating
a 2- lot land split with one +/- 1 . 25 acre lot and
another +/- 1 . 12 acre lot under the five conditions
listed in the draft ordinance 1499 .
Analysis and Staff Recommendation
• Staff support the rezoning of the vacant +/-2 . 37-acre
property from RS-GR to RS-GR/ PD ( instead of RS-20 or
RS- 20/PD ), for the purpose of processing a 2- lot land
split .
• Recommended planned development overlay with
reduced front setbacks to help mitigate topographical
constraints .
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Draft Ordinance #1499 Conditions :
1 . Following effective rezoning approval, city staff shall take all
necessary steps to split property as conceptually approved .
2 . Staff shall coordinate with the city engineer on any additional
right-of-way or utility easement needs, including the
dedication of the south 25 feet of the property for roadway
and utility purposes.
3 . City shall disclose to prospective buyers that additional
property improvements and service extensions may be
necessary upon purchase .
Draft Ordinance # 1499 Conditions Cont . :
4 . All applicable permits and development fees will be
due at the time of development .
5 . Horses shall only be allowed on the 1 . 25 acre lot,
with an RS-GR/ PD zoning to allow a 25-foot front
setback; and the other conventional RS-GR setbacks of
40-foot rear and 20-foot sides .
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Questions and Discussion
• PZ-7- 19 978 E . Roosevelt St.
City of Apache Junction
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 13.
File ID: 21-008
Sponsor: Larry Kirch Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Discussion and consideration of Resolution No. 21-03, declaring as a public record and
amending a certain document filed with the city clerk entitled "City of Apache Junction
Classification Plan for Fiscal Year 2020-2021"to create a Principle Engineer position.
City of Apache Junction,Arizona Page 1 Printed on 111312021
t
a
Staff Memorandum
January r 19, 2021
Mayor Chip Wilson,City Council Members
Bryant Powell, City Manager
Elizabeth Riley, Human Resources.Director
Larry Kircb, Director of Development ice /
Resolution No. 1® e i e _City
of e e Junction Classification
lan 2020-2021 to create a Principal Engineer
The Development Services Department would like to create a Principal Engineer position. The
position is needed as a result oft e recent auction of2,7 1 acres of Arizona State Land
Department ro e y and the imminent development that is forthcoming. In order for the city to
gear up fort is development,the city is taking steps to appropriatelystaff the department in
timely manner.-The Development Services Department, will largely coordinate the development
that is to occur in cooperation with either city departments and the AJ Water District,the Sewer
District,and the Fire District.
classification audit was conducted for the proposed position,the title is recommended as
Principal Engineer with a salary assignment toy group 32. Pursuant to Personal Rule 6, -
Classification, Section 4,Creation,Abolishment d Reclassification of Positions the city staff is
requesting an amendment o the classification plan approved in the FY 2 /21 budget. The
amendment authorizes the Principal Engineer position be added to the Classification Plan with a
salary assignment of group 32, This position reports to the Planning Manager work within a
to environment four this large scaledevelopment _ age by a Principal Planner. This
position would a a e other project engineers and additional staff or engineering consultants to
meet the demands, workload and schedule of the successful bidder of approximately 2,800 acres
of state trust land.
Thank you and please let me know if you have any questions.
City of Apache Junction
Human Resources
300 E.Superstition Blvd.
Apache Junction,Arizona 85119
Office ours: - 7:00 AM to :00 RM
,service Over and Above the
Elcopy
RESOLUTION NO. 21-03
RESOLUTION CAE THE MAYOR AND CITY COUNCIL OF THE
CITY CAE APACHE JUNCTION, ARIZONA, DECLARING AS A
PUBLIC RECORD AND AMENDING A CERTAINDOCUMENTS FILED
WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION
CLASSIFICATION PLAN FOR FISCAL YEAR 202 -2C1211$ TO
CREATE A PRINCIPAL ENGINEER POSITION.
WHEREAS, the most recent Classification and Compensation
Plans were adopter on June Ida , 2020 amendments to the
Fiscal Year 2020-2021 Classification and Compensation Pleas for
all classified employees of the City of ApacheJunction; and
WHEREAS, adoption of a ClassificationPlan and
Compensation Plan retains these plans as part of the budget
for Fiscal Year -2021; and
WHEREAS, on June 1 , 2020, the yo and City Council
adopted the tentative budget for Fiscal Year 2021 2021. and on
July 7, 2020, adapted the final budget for Fiscal Year 202
2021., establishing funding for and the positrons as set forth
in the "Classification Plan for Fiscal Year 212 -2 21", the
"'Civilian Compensation Plea for Fiscal. Year 2 2 -2021.E , the
"Recruit rid Sworn Salary -Schedule for Fiscal Year 2 20 2021"
and the "City Of Apachez c ion Flat and Hourly salary schedule
for fiscal year 2020 2 121"K and
WHEREAS, the city management `inns it necessary to create
position of Principal Engineer at a Salary Grade 22 as an
amendment to the "Classification Plan for Fiscal Year 2020
2 21." in order to beginthe recruitment process for this position
which is made necessary as a result of the auction of
approximately four square miles of state trust lands south of
Baseline nu
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Cray Council
of the Carty of Apache Junction, Arizona as follows :
SECTIONI DECLARING A PUBLICRECORD
R
The documents entitled "City of Apache Junction Classification
Plan for Fiscal Year 2 20-2 21. as amended" Exhibit , three
RESOLUTION NO. 21-0
PAGE 1 of 2
Ecopy
copies of each which are can file in the Office the Clay
Clerk of the City of Apache Junction, Arizona, are hereby
declared to be public records; and the copies shall remain on
file with the City Clerk's office rid shall be availablefor
public examination and reproduction upon request .
SECTION II ADOPTION OF PLANS
The document en i d "City Apache Junction Classification
Plan for Fiscal Year 2020-2021 as amended", is hereby adopted,
referred to, and made a Part hereof as if fullyout in this
resolution.
SIGNED AND ATTESTED C THIS DAY OF I.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
P APACHE JUNCTION, ARIZONA, THIS DAY C ,
2021, w
Mayor
ATTEST
JENNIFER P NA
City Clerk
APPROVED AS TO 'CRC *
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-03
PACE 2 of
City of Apache Junction
Classification Plan FY 2020 2021
Recruit/Sworn
Title
r Flat/HourlyFlat/Hourly Schedule
Accountant 2
Accounting Clerk/Cashier 13
Accounting Technician 1
Administrative Assistant 1
Administrative Services Manager 27
Animal Control Officer 16
Animal Services Supervisor 18
,assistant CityAttorney/Prosecutor 32
Assistant City Manager 4
Assistant tot e City Manager 29
Associate Judged
Miff
Building and Safety Manager 3
Building Inspector 1
Building Inspector/Plans Examiner
Business License Coordinator 1
City Clerk 37
City Engineer 3
Clerical Assistant
ClericalAssistant/Kennel Assistant
Code Compliance Officer 15
Code Compliance ana er 2
Commander
Community Outreach Coordinator 1
Community Resource Coordinator 2
Controller 2
Corporal
Court_.Administrator 2
Court'Clerk 13
Court'Community Se ice Compliance Crew Leader
Court Compliance ecial st 17
Court Compliance Surveillance Manager
Crime Scene Technician
Crime/intelligence Analyst 21
Deputy City Clerk 23
Detention Officer
Development Services Director 37
Development Services Pro gam and Resource Manager 3
Director of Public Safety/Chief of Police 3
Economic Development Director 37
Educator 1
Engineering Technician 1
EXHIBIT A-Amended 1 1 2 21
City of Apache Junction
Classification Plan FY 2020 221
Recruit/Sworn
Title Group Flat/Hourly Schedule
Environmental Programs Specialist 18
Facilities Maintenance Supervisor 2
Facilities Maintenance Worker 13
Finance Director 3
Fleet Services Supervisor 2
IS Coordinator 2
Is Intern 4
IS Specialist 20
Grants and Community Development Administrator 22
Human Resources Analyst 22
Human- es rces Director 37
Information Technology Director 3
Information Technology Support Technician 19
Intern
Kennel Assistant
Lean Legal Assistant 17
Lead Library a
Legal Assistant is
Legal Research Assistant 2
Librarian 21
Library Assistant 1
Library, Computer Assistant
Library hector 37
Library Manager 2
Library a
ge
Lieutenant ,
Lifeguard
Maintenance Worker 2
Management Analyst 2
Mechanic T
Network Administrator 2
Office Support Specialist 12
Park Ranger 16
Parks and Recreation Director 3
Parks Maintenance Crew Leader
Parks Maintenance Mechanic 16
Parks Maintenance MechanicAssistant 11
Parks Maintenance Supervisor 24
Parks Maintenance Worker Specialist 1
Parks Ranger Supervisor 24
Parks Superintendent 29
Permit Technician 15
EXHIBIT A-Amended 1/1 /2 21
City of Apache Junction
Classification Plan Ft°2020 221
Recruit/Sworn
Title Group Flat/Hourly Schedule
Planner 22
Planning Intern
Planning aria e = 28
Plans Examiner 22
Police Officer
Police Records Clerk 11
Police Recruit
Police Telecommunications Manager 25
Police Telecommunications Officer 17
Principal Engineer 32
Principal Planner 2
Prod uction/M arketing&Communication Specialist 2
Program and Resource Coordinator 22
Project Engineer 2
Property& Evidence Custodian 1
Public Information Officer 2
Public Works Director 3
Public Works Engineering Inspector 18
Public' arks Engineering Technician 1
Public Works Maintenance Worker 12
Public Works Maintenance Worker Specialist 1
Public Works Maintenance Worker Trainee 1
Public Works Manager 3
Recreation"Assistant 14
Recreation Coordinator 21
Recreation Facilities Manager 2
Recreation Leader
Recreation Superintendent 2
Security Worker
Senior Administrative Assistant 1
Senior Code Compliance fficer 18
Senior Court Clerk 1
Senior Detention Officer 18
Senior Economic Development Specialist 2
Senior Facilities Maintenance Technician 17
Senior Human Resources Technician 1
Senior Information Technology Support Technician 2
Senior Kennel Assistant 1
Senior Legal Assistant 18
Senior Library,assistant 13
Senior Library Computer Assistant
Senior Lifeguard V
EXHIBIT -Amended 1 2 1
City of Apache Junction
Classification Plan FY 2020 2021
Recruit/Sworn
Title Group Flat/Hourly e l
Senior Mechanic 2
Senior Network Administrator 2
Senior Parks Maintenance Worker 1
Senior Permit Technician 18
Senior Planner 2
Senior Police RecordsClerk 1
Senior Police Telecommunications Officer 1
Senior Public Works Maintenance Worker 1
Senior Recreation Leader
Senior Tax Auditor 2
Senior Traffic Signal and Lighting Technician 1
Sergeant
Street Crew Leader 19
Street Maintenance Supervisor 24
Supervising Library'Assistant 1
Supervisory Librarian 2
System Administrator 2
Tax Auditor 2
Traffic Signal and Lighting Technician 17
Veterans Resource Aide
Water Safety Instructor
EXHIBIT ,f Amended01/19/2021
RESOLUTION NO. 21 2
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A
PUBLIC RECORD AND AMENDING A CERTAIN C C UM N'T FILED
WITH THE CITY CLERK ENTITLED "CITY OF PACHE JUNCTION
CLASSIFICATION PLAN FOR FISCAL YEAR 202C 2C 21 #f TO
CREATE A PRINCIPAL ENGI POSITION.
WHEREAS, the most recent Classification and Compensation
Plans were adopted on June 16, 2020, s amendments to the
Fiscal Year 20 20 2 21. Classification and Compensation Plans for
all classified employees of the City of ApacheJunction; and
WHEREAS, adoption of a Classification Plan and
Compensation Plea retains those plans as part of the budget
for Fiscal Year 2020 2C 21 _ and
WHEREAS, can June 1. , 2020, the Mayor and City Cla1
adopted the tentative budget for Fiscal Year 2020-2 321 and on
July 7, 2020, adopted the . final budget for Fiscal Year 20 C
2 21, establishing funding for and the positions as set forth
in the "Classification Plan for Fiscal Year 202 -202 "', the
"Civilian Compensation Plan for Fiscal Year 202 2 21 "', the
"'Recruit and Sworn Salary Schedule for Fiscal Year 2 2C 2 21"'
and the "City Of Apache Junction Flat and Hourlysalary schedule
for fiscal year 2 20-2 21,,; d
WHEREAS, the city management t finds it necessary to create a
position of Principal Engineer at a Salary Grade 22 as an
amendment to the "Classification Flan for Fiscal Year 22
2 21" in order to begin the recruitment process for this position
which is made necessary as a result of the auction of
approximately four square miles of state trust lands south of
Baseline Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Apache Junction, Arizona as follows :
SECTION l DECLARING A. PUBLIC RECORD
The documents_ entitled "City of Apache Junction Classification
Plan for Fiscal Year 2 2t -�2021 as amended"" (Exhibit , three
RESOLUTION NO. 21-03
PAGE 1 of
espies of each which are on fi .e in the Office of the City
Clerkf the City f Apache Junction, Arizona, are hereby
declared to be publicrecords and the copies shall remain on
file with the City Clerk's officeand shall be available :for
public examination and reproduction open request .
SECTION II ADOPTIO14 OF PLANS
The document entitled "City Apache Junction Classification
Plan for Fiscal Year 2020-2021 as amended", is hereby adopted,
referred to, and made a part hereof as if fully set out in this
resolution
SIGNED AND ATTESTED TO THIS DAY OF 2021 .
APPROVED AND ADOPTED BY THE MAYOR ANDCITY COUNCIL OF THE CITY
OF AI' l E JUNCTION,N A I L S , THIS CLAY
2021 .
S—C,N-
Mayor
ATTEST:
:
JENNIFER RSNA
City Clerk
APPROVED AS TO FORM:
phi
City :Attorney
RESOLUTION NO. 21-03
SAS 2 of
City of Apache Junction
Classification Plan FY 2020 221
Recruit/Sworn
Title Group l t/ rly Schedule
Accountant 23
Accounting Clerk/Cashier 13
Accounting Technician 14
Administrative Assistant 15
Administrative Services Manager 27
Animal Control Officer 15
Animal Services Supervisor 1
Assistant City Attorney/Prosecutor 3
Assistant City Manager 40
Assistant to the City Manager 29
Associate Judge
Bailiff
Building and Safety Manager 31
Building inspector 1
Building Inspector/Plans Examiner 2
Business License Coordinator 1
City Clerk 32
City Engineer 35
Clerical Assistant
Clerical Assistant/Kennel Assistant
Code Compliance Officer 15
Code Compliance an e
Commander
Community Outreach Coordinator 1
Community Resource Coordinator 2
Controller 2
Corporal
Court I istr ter 24
Court Clerk 1
Court Community Service Compliance Crew Leader
Court Compliance Specialist 17
Court Compliance Surveillance Manager 1
Crime Scene Technician 20
Crime/Intelligence Analyst 21
Deputy City Clerk 23
Detention Officer 1
Development Service irect r 37
Development Services Progam and Resource Manager 30
Director of Public Safety/Chief of Police
Economic Development Director 32
Educator 19
Engineering Technician 1
EXHIBIT A-Amended t 1 1 0 1
City of Apache Junction
Classification Plan FY 2020 22
Recruit/Sworn
Title Group Flat/Hourly Schedule
Environmental Programs Specialist 1
Facilities Maintenance Supervisor 24
Facilities Maintenance Worker 1
Finance Director 32
Fleet Services Supervisor 2
GIS Coordinator 25
IS Intern
GIs Specialist 2
Grants and Community Development Administrator 22
Human Resources Analyst 22
Human Resources Director 37
Information Technology Director 32
Information Technology Support Technician 1
Intern
Kennel Assistant
Lead Legal Assistant 17
Lead Library Page
Legal Assistant 1
Legal Research Assistant 2
Librarian 21
Library Assistant 11
Library Computer Assistant
Library Director 3
Library Manager 2
Library _Pagev
Lieutenant
Lifeguard
Maintenance Worker 10
Management Analyst 21
Mechanic 1
Network Administrator 25
Office Support Specialist 12
Park Ranger 1
Parks and Recreation Director 3
Parks Maintenance Crew Leader 1
Parks Maintenance Mechanic 16
Parks Maintenance Mechanic Assistant v
Parks Maintenance Supervisor 24
Parks Maintenance Worker Specialist 16
Parks Ranger Supervisor 24
Parks Superintendent 2
Permit Technician 1
EXHIBIT -Amended 1/1 /2 2 .
City of Apache Junction
Classification Plan FY 2020 2021
Recruit/Sworn
Title Group Flat/Hourly Schedule
Planner 22
Planning Intern
Planning any er 28
Plans Examiner 2
Police Officer
Police Records Clerk 11
Police Recruit
Police Telecommunications Manager 25
Police Telecommunications icr 17
Principal Engineer 32
Principal Planner 28
Prod action/ rketln Communication Specialist
Program and Resource Coordinator 22
Project Engineer 2
Property Evidence Custodian 1
Public Information Officer 26
Public Works Director 37
Public Works Engineeringinspector 1
Public Works Engineering Technician 1
Public Works Maintenance nce ores 1
Public Works Maintenance Worker Specialist 1
Public Works Maintenance Worker Trainee 10
Public Works Manager 30
Recreation Assistant 1
Recreation Coordinator 21
Recreation Facilities Manager 2
Recreation Leader
Recreation Superintendent 2
Security Worker
Senior Administrative Assistant 18
Senior Code Compliance Officer 18
Senior Court Clerk 1
Senior Detention Officer 1
Senior Economic Development Specialist 2
Senior Facilities Maintenance Technician 1
Senior Human Resources Technician 1
Senior Information Technology Support Technician 20
Senior Kennel Assistant 10
Senior Legal Assistant 1
Senior Library Assistant 13
Senior Library Computer Assistant
Senior Lifeguard
EXHIBIT A-Amended 11 2 1
City of Apache Junction
Classification Plain FY 2020 2021
cr t rt
Title r Flat/Hourly Sche l
Senior Mechanic 2
Senior Network Administrator 2
Senior Parks Maintenance Worker 1
Senior Permit Tec niciart 18
Senior Planner 2
Senior Police Records Clerk 14
Senior Police Telecommunications Officer 19
Senior Public Works Maintenance Worker 1
Senior Recreation Leader
Senior Tax Auditor 25
Senior Traffic Signal and Lighting"Technician 1
Sergeant
Street Crew Leader 1
Street Maintenance Supervisor 24
Supervising Library Assistant 19
Supervisory Librarian
System Administrator 26
Tax Auditor 20
Traffic Signal and LightingTechnician 17
Veterans eso c e v
Water Safety Instructor
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 14.
File ID: 21-017
Sponsor:Thomas Kelly Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
Discussion and consideration of approval for purchase of Lenco BearCat armored vehicle for
the Apache Junction Police Department's Special Weapons and Tactics ("SWAT") Unit in the
amount of$298,075.00.
City of Apache Junction,Arizona Page 1 Printed on 111312021
of Apache Junction Police Department
1001North Idaho load,Apache Junction,Arizona 85119 Tel 480/982-8260*Fax 4801474-5480*TDD 480/542-3323
Mailing Address:300 East Superstition Boulevard,Apache Junction,Arizona 8511
CIl efofPQlitce
Date: January 7, 2021
To: Mayor and Members of the City Council
Through:. Bryant Powell, City Manager
From: Thomas E. Kelly, Chief of PoI*' e
Subject: Proposed Purchase of a Len e r Armored Vehicle
The Apache Junction Police Department(AJPD) received a portion of Arizona Coronavirus
Aid, Relief and Economic Security Act CARES ACT) monies in the amount of$29 ,07
for a Lenco BearCat armored vehicle. The AJPD Special Weapons and Tactics ("SWAT")
unit has been in existence since 1989. The City has never purchased a "special purpose"
protective vehicle in support of and for the protection of the SWAT AT unit but has historically
relied on used vehicles from ether agencies:
In 2007, the AJPD was using e very old bank coin vehicle which we was previously
purchased from the Goodyear Police Department for$1,. This vehicle provided little officer
protection (but served its purpose at that time) and was on its last leg when it was there
replaced with a 1993 Ford armored bare true obtained from the Mesa Police Department
This vehicle was a step up from the old bank coin vehicle but still did not provide necessary
support for modern SWAT team threats. This vehicle is still currently being utilized but has
had continued mechanical issues and provides limited ballistic protection for SWAT
personnel.
The AJPD has previously requested that the City purchase a special purpose vehicle that
is manufactured for current SWAT operations each budget year. Clue to continued
economic reasons and now COVID-1 g AJPD has not had sufficient funds to procure such
a vehicle.
This year the City received AZ CARES ACT funds that are to be utilized for law'
enforcement purposes. Attached is a quota for a Lenco BearCat which is the type of
vehicle that most other law enforcement agencies use today. The cost is$298,075 through
the cooperative Houston Galveston an Area Council, Contract#f AM10-20.
Staff requests the mayor and city council approve the purchase using AZ CARES :ACT
funding:
Attachment: Lenco Quote
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 15.
File ID: 20-655
Sponsor: Bryant Powell Agenda Date: 1/19/2021
Index: In Control: City Council Meeting
The next regularly scheduled Work Session is February 1st, and the next regularly scheduled
Council Meeting is February 2nd, 2021.
City of Apache Junction,Arizona Page 1 Printed on 111312021