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PRESCOTT CITY COUNCIL
it1 °'�•' JOINT VOTI
NG ING MEETING /
SPECIAL MEETING AGENDA
PRESCOTT CITY COUNCIL Council Chambers
JOINT REGULAR VOTING/SPECIAL MEETING 201 S. Cortez Street
TUESDAY, JUNE 23, 2009 Prescott, AZ 86303
3:00 P.M. (928) 777-1100
The following Agenda will be considered by the Prescott City Council at its Joint Regular
Voting/Special Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice
of this meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02.
♦ CALL TO ORDER
• INTRODUCTIONS
• INVOCATION: Pastor James Taylor, Church on the Street
• PLEDGE OF ALLEGIANCE: Councilman Bell
♦ ROLL CALL:
MAYOR AND CITY COUNCIL:
Mayor Wilson
Councilman Bell Councilman Luzius
Councilman Lamerson Councilman Roecker
Councilwoman Lopas Councilwoman Suttles
• SUMMARY OF CURRENT OR RECENT EVENTS
REGULAR VOTING MEETING
I. PUBLIC COMMENT
A. Jim Howard from the Prescott Bluegrass Events Association to thank City
Council for their support.
II. PRESENTATION
A. Introduction of new businesses.
Prescott City Council Joint Regular
Voting/Special Meeting — June 23, 2009 Page 2
III. CONSENT AGENDA
CONSENT ITEMS A THROUGH J LISTED BELOW MAY BE ENACTED BY ONE
MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A
COUNCILMEMBER SO REQUESTS.
A. Approve renewal of insurance policies for FY2010 for Excess Public Entity
Liability Insurance from Traveler's at $391,214.00; Property Coverage from
the Traveler's Indemnity Co. at $116,797.00; and Excess Worker's
Compensation from Safety National at $44,307.00.
B. Approve purchase of one Freightliner 26' MT55 Walk-In Equipment Truck
from Utilimaster in the amount of $174,135.53 including state use tax.
C. Adopt Resolution No. 3968-0974 — A resolution of the Mayor and Council of
the City of Prescott, Yavapai County, Arizona, authorizing the City of
Prescott Fire Department to enter into an Intergovernmental Agreement
("IGA") with Yavapai College to provide vehicular and/or clinical training for
students enrolled in emergency medical service courses and authorizing the
Mayor and staff to take any and all steps necessary to accomplish the
above.
D. Approve application for Assistance to Firefighters Fire Station Construction
Grant for construction of a downtown fire station.
E. Adopt Resolution No. 3972-0978 — A resolution of the Mayor and Council of
the City of Prescott, Yavapai County, Arizona, approving Third Amendment
to the Memorandum of Understanding between the City of Prescott and the
Central Yavapai Metropolitan Planning Organization for personnel,
purchasing and accounting services.
F. Approve a 60-90 day temporary half street closure of the west end of
Glendale Avenue at Coronado Avenue.
G. Adopt Ordinance No. 4701-0944 - An ordinance of the Mayor and Council of
the City of Prescott, Yavapai County, Arizona repealing Ordinance No. 4656-
0858 adopted June 24, 2008 and authorizing the purchase of real properties,
easements and improvements from Donald A. Guzzo; Nicholas and Lorraine
Guzzo; Donald and Joan Guzzo and Nicholas and Lorraine Guzzo Joint
Tenents with Rights of Survivorship; Michael S. Drew; Rutkowski Family Trust;
and Dale and Vanessa Coffman; Robert and Michele Flori for the widening of
Williamson Valley Road, and authorizing the Mayor and City staff to take all
necessary steps to effectuate said purchases.
H. Approve payment to Arizona Public Service in the amount of $58,798.96, for
streetlight installation associated with the Iron Springs Road Improvement
Project.
Prescott City Council Joint Regular
Voting/Special Meeting — June 23, 2009 Page 3
I. Award Fiscal Year 2010 legal publications to Prescott Newspapers, Inc. at
the rate of $11.16/column inch for straight copy and $9.30/column inch for
camera-ready copy.
J. Approval of the Minutes of the Prescott City Council Joint Special
Meeting/Study Session of May 19, 2009; the Budget Workshop of May 21,
2009; and the Regular Voting Meeting of May 26, 2009.
IV. REGULAR AGENDA
A. Adoption of Resolution No. 3964-0970 — A resolution of the Mayor and
Council of the City of Prescott, Yavapai County, Arizona, authorizing the City
of Prescott to enter into an Amended Development Agreement with
WESCAP Investments, LLC, for "Amendment No. One to the Development
Agreement McDonald/Bradshaw Drive (City Contract No. 96-150)", and
authorizing the Mayor and staff to take any and all steps necessary to
accomplish the above. (The Bradshaws)
B. Approval of the Open Space Master Plan. (Pulled from Consent Agenda by
Councilman Lamerson)
C. Adoption of Resolution No. 3973-0979 — A resolution of the Mayor and
Council of the City of Prescott, Yavapai County, Arizona, authorizing the City
of Prescott to enter into an Animal Shelter Service Agreement with Yavapai
Humane Society, and authorizing the Mayor and staff to take any and all
steps necessary to accomplish the above. (Pulled from Consent Agenda by
Councilman Lamerson)
D. Adoption of Resolution No. 3952-0958 — A resolution of the Mayor and
Council of the City of Prescott, Yavapai County, Arizona, authorizing the City
of Prescott Fire Department to enter into an Intergovernmental Agreement
("IGA") with Chino Valley Fire District to share personnel resources and
authorizing the Mayor and staff to take any and all steps necessary to
accomplish the above. (Pulled from the Consent Agenda by Councilwoman Lopas)
E. Adoption of Resolution No. 3956-0962 — A resolution of the Mayor and
Council of the City of Prescott, Yavapai County, Arizona, authorizing the City
of Prescott Fire Department to enter into an Intergovernmental Agreement
("IGA") with Central Yavapai Fire District (CYFD) to share personnel
resources and authorizing the Mayor and staff to take any and all steps
necessary to accomplish the above. (Pulled from the Consent Agenda by
Councilwoman Lopas)
F. Approval of a Real Estate Purchase Agreement with John & Judy Beurie for
approximately 15 acres of real property near Willow Lake for Open Space
purposes.
Prescott City Council Joint Regular
Voting/Special Meeting — June 23, 2009 Page 4
G. Continuation of public hearing on Granite Dells Ranch Rezoning RZ09-001
from June 23, 2009, to July 14, 2009.
H. Discussion of election process including roles and responsibilities and
verification of candidate petitions. (Requested by Councilwoman Suttles and
Councilman Lamerson)
I. Public Hearing on the Final Budget for Fiscal Year 2010 including
expenditure limitation and proposed tax levy.
VI. ADJOURNMENT
SPECIAL MEETING
1. Call to Order.
2. Adoption of Resolution No. 3974-0980 — A resolution of the Mayor and Council of
the City of Prescott, Yavapai County, Arizona, finally determining and adopting
estimates of proposed expenditures for the Fiscal Year 2010, and declaring that the
same shall constitute the budget for the City of Prescott for said fiscal year and
establishing the expenditure limitation, approving and updating the job roster for the
City of Prescott and setting forth its determination as to unfunded capital and other
unfunded budgetary requests.
3. Adjournment of Special Meeting.
CERTIFICATION OF POSTING OF NOTICE
The undersign d he eb certifies trat a copy of the foregoing notice was duly posted at Prescott City
Hall on ,/i /) , at I t'I & ,m. in accordance with the statement filed by the Prescott
City Counci ith t e Ci Clerk.
Elizabeth A. r ce, MMC, Cit Clerk
RESOLUTION NO. 3972-0978
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT,
YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY OF PRESCOTT TO ENTER
INTO A THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING,
CONTRACT NO. 03-265, WITH THE CENTRAL YAVAPAI METROPOLITAN
PLANNING ORGANIZATION (CYMPO), PROVIDING FOR A TWO YEAR EXTENSION
OF THE MEMORANDUM OF UNDERSTANDING AND ESTABLISHING STAFFING
AND CERTAIN SUPPORT SERVICES FOR SUCH EXTENSION, AND AUTHORIZING
THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO
ACCOMPLISH THE ABOVE
RECITALS:
WHEREAS, the City of Prescott and the Central Yavapai Metropolitan Planning
Organization entered into a Memorandum of Agreement (MOU), Contract No. 03-265, for
certain services provided by the City to Central Yavapai Metropolitan Planning
Organization (CYMPO). The First Amendment to the MOU, approved in June 2005,
extended said services as well as the Second Amendment to the MOU, approved in June
of 2007; and
WHEREAS, the parties do now wish to amend that MOU to extend the MOU for
another two years through June 30, 2011; and to provide for the loan of three staff
members by Prescott to be furnished to CYMPO: CYMPO Administrator, and two full-time
equivalents; and
WHEREAS, the City of Prescott and the CYMPO have the authority to enter into
the foregoing agreement pursuant to ARS Section 11-952, 26-307 and 26-308; and
WHEREAS, the funding for the MOU and this Third Amendment and
reimbursement by other CYMPO members are included in the City's Tentative Fiscal year
2010 Budget.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF PRESCOTT AS FOLLOWS:
SECTION 1. THAT the City of Prescott hereby approves the attached Third
Amendment to the Memorandum of Understanding between the City of Prescott and the
CYMPO, Contract No. 03-265, recorded at Book 4101 at Page 975, Records of the
Yavapai County Recorder, Exhibit"A," hereto and made a part hereof.
RESOLUTION NO. 3972-0978 PAGE 2
SECTION 2. THAT the Mayor and Staff are hereby authorized to execute the
attached Third Amendment to MOU and to take any and all steps deemed necessary to
accomplish the foregoing.
PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this
23rd day of June, 2009.
JACK D. WILSON, Mayor
ATTEST: APPROVED AS TO FORM:
ELIZABETH A. BURKE, City Clerk GARY D. KIDD, City Attorney
MEMORANDUM OF UNDERSTANDING
CITY OF PRESCOTT/CYMPO
PERSONNEL, PURCHASING,AND ACCOUNTING SERVICES
THIRD AMENDMENT
WHEREAS the parties hereto did enter into a Memorandum of
Understanding for the City of Prescott to provide certain personnel, purchasing and
accounting services for the Central Yavapai Metropolitan Planning Organization,
more particularly identified as City of Prescott Contract Number 03-265 (hereinafter
referred to as the "MOU"), which MOU was recorded in Book 4101 at Page 975,
Records of the Yavapai County Recorder; and
WHEREAS the Second Amendment thereto provided for a termination date
of June 30, 2009; and
WHEREAS the parties hereto do wish to continue and extend the MOU for
two additional years; and
WHEREAS the City of Prescott has previously approved an increase in the
number of personnel employed on-loan to CYMPO from two to three, defined for
the purposes herein to be three full-time-equivalent staff; and
WHEREAS pursuant to Section 3 (B) of the MOU, CYMPO is responsible
for providing funding for all personnel employed by Prescott on-loan to CYMPO.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each party to the other, the parties
hereto agree as follows:
SECTION 1. That Section 1, Subparagraphs (B) through (D), of the MOU is
hereby amended to read as follows:
"SECTION 1. PERSONNEL AND SERVICES TO BE PROVIDED
BY PRESCOTT:
(B) Prescott will employ a maximum of three full-time-equivalent
personnel on behalf of and solely for the purpose of providing staffing for
CYMPO, in the capacity of"City of Prescott employees on-loan to CYMPO":
MPO Administrator, and two other full-time-equivalent employees. The
parties acknowledge and agree that the MPO Administrator and Program
i
Manager will be unclassified, "FLSA-exempt" positions. Staff shall be
appointed by the MPO Administrator consistent with the City of Prescott's
hiring process; the MPO Administrator shall supervise the Program Manager
and additional staff, including appraising their performance and
recommending personnel actions. The employment of all said personnel shall
be in full conformance with the City Code of Prescott, and the City of
Prescott's employee handbook, personnel rules and all other applicable City
of Prescott rules, procedures and ordinances governing its unclassified and
classified employees. The City shall solely maintain the personnel file for
each such on-loan employee. The MPO Administrator will serve at a level
equivalent to a department head position of the City of Prescott reporting to
the City Manager or his/her designee. Because of the close working
relationship and familiarity of CYMPO with the performance of said City on-
loan employees, CYMPO shall prepare a draft annual evaluation of the MPO
Administrator, forward it to the City, and recommend personnel actions for
consideration by the City, including compensation adjustments pursuant to
the Pay-for-Performance and other compensation policies of the City,
whenever CYMPO deems such actions are appropriate. Should CYMPO for
whatever reason determine it is appropriate to sever its employment
relationship with the MPO Administrator, or other staff positions, it shall
forward its recommendation to Prescott that such positions are no longer
needed. In such event, the elimination of the positions for reasons not related
to performance shall be treated as a layoff under the City of Prescott's
personnel rules and procedures. In the event that CYMPO shall recommend
termination, suspension, demotion or other disciplinary action(s), it shall
forward its recommendation, along with pertinent facts, reports and/or
investigations, to the City of Prescott. The City shall thereafter review the
recommendations and take such appropriate action as may be warranted under
its rules and procedures. In the event CYMPO desires to employ additional
personnel through Prescott, amendment of this MOU by the parties shall be
required.
(C) Prescott will employ said employees in the same manner as its
other employees including, but not limited to, health and other insurance
coverages, leave accrual, and Arizona State Retirement System participation.
(D) During the term of this MOU, Prescott agrees not to discharge any
or all of the MPO Administrator or other staff unilaterally, for any reason,
including a lack of funding from CYMPO to support personnel costs, without
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prior consultation with CYMPO. Upon a request from CYMPO to terminate
the "on-loan" status of any or all of said personnel under this MOU, for the
purpose of replacing them, Prescott will do so, provided, however, that in
such event, Prescott may elect to terminate this MOU."
SECTION 2. That Section 4 of the MOU is hereby amended to read as
follows:
"SECTION 4. TERM"
This MOU shall commence upon its recordation with the Yavapai
County Recorder, and shall continue in full force and effect until June 30,
2011; provided, however, that CYMPO may, upon written notice to Prescott
not later than 60 calendar days prior to the first day of any fiscal year, elect to
terminate this MOU effective the first day of such fiscal year. Either party
may, upon not less than 180 calendar days prior written notice to the other
party, elect to terminate this MOU at any other time. Prescott may, upon
written notice to CYMPO, terminate this MOU in accordance with Section 1,
Paragraph D, or for breach of this MOU by CYMPO. The parties may extend
the term of this MOU beyond June 30, 2011, upon execution of an
appropriate amendment hereto."
SECTION 3. That except as amended herein, the MOU remains in full force
and effect.
PASSED, APPROVED AND ADOPTED by the Mayor and Council of the
City of Prescott this 23rd day of June, 2009.
JACK D. WILSON
MAYOR
ATTEST:
ELIZABETH A. BURKE
CITY CLERK
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PASSED, APPROVED AND ADOPTED by the Executive Board of the
Central Yavapai Metropolitan Planning Organization this day of
2009.
MICHAEL R. FLANNERY
CHAIRMAN OF THE BOARD
ATTEST:
JEAN KNIGHT
CLERK OF THE BOARD
Pursuant to A.R.S. Section 11-952(D), the foregoing MOU has been reviewed by
the undersigned attorney for the City of Prescott, who has determined that the MOU
is in proper form and is within the powers and authority granted under the laws of
this State to the City of Prescott.
GARY D. KIDD
CITY ATTORNEY
Pursuant to A.R.S. Section 11-952(D), the foregoing MOU has been reviewed by
the undersigned attorney for CYMPO, who has determined that the MOU is in
proper form and is within the powers and authority granted under the laws of this
State to CYMPO.
BARRY B. CLINE, ESQ.
BOYLE, PECHARICH, CLINE &
WHITTINGTON, P.L.L.C.,
ATTORNEYS FOR CYMPO
4
Tr..
RESOLUTION NO. 3964-0970
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT,
YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY OF PRESCOTT TO
ENTER INTO AN AMENDED DEVELOPMENT AGREEMENT WITH WESCAP
INVESTMENTS, LLC, FOR "AMENDMENT NO. ONE TO THE DEVELOPMENT
AGREEMENT MCDONALD/BRADSHAW DRIVE (CITY CONTRACT NO. 96-150)",
AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS
NECESSARY TO ACCOMPLISH THE ABOVE
RECITALS:
WHEREAS, WESTCAP Investments, LLC, is the owner of certain real
property in the City limits that is the subject of the above-referenced Development
Agreement; and
WHEREAS, the parties wish to enter into an Amended Development
Agreement, pursuant to ARS Section 9-500.05 relating to the development of that
property, which amends and supersedes all prior Development Agreements.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF PRESCOTT AS FOLLOWS:
SECTION 1. THAT the City of Prescott hereby approves the Amended
Development Agreement with WESTCAP Investments, LLC, attached hereto as
Exhibit "A."
} SECTION 2. THAT the Mayor and Staff are hereby authorized to take all
such steps as may be necessary to effectuate said Amended Development
Agreement.
PASSED AND ADOPTED by the Mayor and Council of the City of Prescott on this
9th day of June, 2009.
JACK D. WILSON, Mayor
} ATTEST: APPROVED AS TO FORM:
ELIZABETH A. BURKE, City Clerk GARY D. KIDD, City Attorney
i
1
RESOLUTION NO. 3964-0970 PAGE 2
EXHIBIT 'A'
AMENDMENT ONE TO THE
DEVELOPMENT AGREEMENT
MCDONALD/BRADSHAW DRIVE
(CITY CONTRACT NO. 96-150)
THIS AGREEMENT ("Agreement"), is entered into this day of
, 2009, by and among the CITY OF PRESCOTT, an Arizona municipal
corporation (hereinafter "CITY") and WESCAP INVESTMENTS, INC., an Arizona
corporation; WILLIAM E. SPREITZER, an individual; BRADSHAW SENIOR/PRESCOTT
LP, an Arizona limited partnership; BRADSHAW CROSSING/PRESCOTT LP, an Arizona
limited partnership; and BRADSHAW SENIOR II/PRESCOTT LP, an Arizona limited
partnership (hereinafter "Property Owners"). Collectively City and Property Owners are
referred to herein as "Parties".
RECITALS:
WHEREAS, Charles B. McDonald, Jr. Qualified Trust ("Trust") was the owner of
certain real property in the City limits described in Exhibit A attached; and
WHEREAS, the City and the Trust entered into a Development Agreement on
December 10, 1996 (City Contract No. 96-150, recorded on January 22, 1997 in Book 3346,
page 411 of the records of the Yavapai County Recorder); and
WHEREAS, the Trust sold all the property described in the attached Exhibit A
("Property") to the Property Owners; and
WHEREAS, the Property Owners intend to divide and develop the property into Five
Phases by utilizing the Low Income Housing Tax Credit Program, as described in Section 42
of the Internal Revenue Code and as administered by the Arizona Department of Housing
("LIHTC Program"); and
WHEREAS, pursuant to the terms of the Development Agreement described above,
the Property Owners are bound by the terms of the Development Agreement; and
WHEREAS, the Parties wish to enter into this Amendment One to the Development
Agreement (City Contract No. 96-150), pursuant to ARS Section 9-500.05 relating to the
development of the Property which amends the Development Agreement.
ENACTMENTS:
That the Development Agreement (City Contract No. 96-150) be amended to add
new Section 13 to read as follows:
13. The City shall defer the Property Owners' payment of the City's impact,
development, buy-in and resource fees ("Fees") until the issuance of any
temporary or final Certificates of Occupancy for each of the Five Phases. Fees
shall be paid within five days after each phase has been completed and prior to
issuance of any temporary or final Certificates of Occupancy for that Phase.
RESOLUTION NO. 3964-0970 PAGE 3
The parties agree and acknowledge that impact fees are part of the consideration
for this Agreement. Accordingly, impact fees for the development of the property
shall be applicable to the development and the development of the property
therein as of the time of the operative date of this Agreement. The impact fees
shall be calculated and paid based upon the current rates for such fees at the
time the applicable building permit is issued. However, in the event that a
moratorium or other law could potentially prevent or hinder the ability of the City
of Prescott to collect such impact fees at the time of permitting or occupancy, it is
expressly agreed that in such instance the impact fees shall nevertheless be
required to be paid based upon the rates and calculation for such fees at the time
of the operative date of this Agreement and shall, therefore, in accordance with
this Agreement, remain and continue to be an obligation of the developer, owner,
or their agent(s), successors in interest or assigns. Notwithstanding any such
subsequent changes in the laws, in no way shall the Property Owners be
discharged of their financial obligations set forth above.
Payment of grading permit fees, building permit fees, and plan review and plan
check fees will be made prior to issuance of the permits and prior to
commencement of construction for each of the Five Phases. Payment of all
inspection fees will be made upon request of the City. The cost of the domestic
and irrigation water meters will be made at the time the water meters are
purchased. The impact, development, buy-in and resource fees associated with
the water meters will be deferred until issuance of the temporary or final
Certificates of Occupancy. In the event any phase of the Five Phases is not
developed under the LIHTC Program, that phase will not qualify for the
deferment of the Fees, and all Fees for that phase shall be due and payable to
the City prior to the commencement of construction.
This Amendment One to the Development Agreement (City Contract No. 96-150)
shall be recorded in the office of the Yavapai County Recorder.
All other terms and conditions of the previous Development Agreement (City
Contract No. 96-150) shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of
Prescott this day of , 2009.
JACK D. WILSON, Mayor
ATTEST:
ELIZABETH A. BURKE GARY D. KIDD
City Clerk City Attorney
RESOLUTION NO. 3964-0970 PAGE 4
STATE OF ARIZONA )
) ss.
COUNTY OF YAVAPAI )
The foregoing instrument was acknowledged before me this day of
, 2009, by Jack D. Wilson, Mayor of the City of Prescott, personally
known to me or proven to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged that he executed it.
Notary Public
Signed this day of , 2009.
WESCAP Investments, Inc.
By:
William E. Spreitzer William E. Spreitzer, an Individual
Its: President
BRADSHAW SENIOR/PRESCOTT LP, BRADSHAW CROSSING/PRESCOTT
LP,
an Arizona limited partnership an Arizona limited partnership
By: WESCAP Investments, Inc. By: WESCAP Investments, Inc.
Its: General Partner Its: General Partner
By: By:
William E. Spreitzer William E. Spreitzer
Its: President Its: President
BRADSHAW SENIOR II/PRESCOTT LP,
an Arizona limited partnership
By: WESCAP Investments, Inc.
Its: General Partner
By:
William E. Spreitzer
Its: President
RESOLUTION NO. 3964-0970 PAGE 5
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2009, by William E. Spreitzer, the President of WESCAP Investments,
Inc., an Arizona corporation, personally known to me or proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged that he executed it for the purposes therein contained and, that he has
the authority to so execute.
Notary Public
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2009, by William E. Spreitzer, an individual, personally known to me or
proven to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged that he executed it for the purposes
therein contained and, that he has the authority to so execute.
Notary Public
STATE OF ARIZONA )
ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2009, by William E. Spreitzer, the President of WESCAP Investments,
Inc., an Arizona corporation, the General Partner of Bradshaw Senior/Prescott LP, an
Arizona limited partnership, personally known to me or proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged that he executed it for the purposes therein contained and, that he has
the authority to so execute.
Notary Public
RESOLUTION NO. 3964-0970 PAGE 6
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2009, by William E. Spreitzer, the President of WESCAP Investments,
Inc., an Arizona corporation, the General Partner of Bradshaw Crossing/Prescott LP, an
Arizona limited partnership, personally known to me or proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged that he executed it for the purposes therein contained and, that he has
the authority to so execute.
Notary Public
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2009, by William E. Spreitzer, the President of WESCAP Investments,
Inc., an Arizona corporation, the General Partner of Bradshaw Senior II/Prescott LP, an
Arizona limited partnership, personally known to me or proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged that he executed it for the purposes therein contained and, that he has
the authority to so execute.
Notary Public
REAL ESTATE PURCHASE AGREEMENT
(Vacant Land)
THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") is made and entered
into by and between the BEURIE FAMILY TRUST, ("Seller"), and the City of Prescott, an
Arizona municipal corporation, ("Buyer").
WITNESSETH :
WHEREAS, Seller owns certain real property consisting of approximately fourteen (14)
+/- acres located at 3240 N. State Route 89, Yavapai County, Arizona, commonly known as
Granite Dells, currently designated as Yavapai County Parcel 106-13-001.
WHEREAS, Seller desires to sell and Buyer desires to purchase such real property in
accordance with the terms and conditions specified herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement,the parties hereby agree as follows:
1. DESCRIPTION OF PROPERTY.
The real property which is the subject of this Purchase Agreement, consists of
approximately fourteen (14) +/- acres generally located at 3240 N. State Route 89, Yavapai
County, Arizona, in the area commonly known as Granite Dells. The portion of Seller's property
transferred and conveyed pursuant to the terms of this Agreement, is a portion of Seller's
property, currently designated as Parcel No. 106-13-001, in the Records of the Yavapai County
Assessor. The full and complete legal description of the property transferred and conveyed
hereunder is contained in Exhibit "A" attached hereto and, by this reference, made a part hereof.
Furthermore, the portion of Seller's property sold to Buyer hereunder shall be hereinafter
referred to as the "Purchased Parcel" and the portion of Seller's property retained by Seller shall
be hereinafter referred to as the "Seller's Retained Property." The parties further agree that the
Seller's Retained Property shall be legally described on Exhibit "B" attached hereto and made a
part hereof by this reference. Furthermore, the parties agree that the Seller and Seller's
successors and assigns shall retain, in perpetuity, an easement or easements under and over the
Purchased Parcel for ingress and egress for the purpose of improving and maintaining any well,
wells, and septic systems located on the Purchased Parcel and that Seller and Seller's successors
and assigns shall retain ownership of such well, wells, and septic systems, together with any and
all water rights provided by and flowing from the well or wells, and that the easement or
easements describing the same shall run with Seller's Retained Property in perpetuity for the
benefit of Seller and Seller's legal successors and assigns.
2. AGREEMENT TO SELL AND PURCHASE.
Subject to the terms of this Agreement, Seller hereby agrees to sell to Buyer, and Buyer
hereby agrees to purchase from Seller, on the terms and conditions herein set forth, the
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Purchased Parcel described and depicted in Exhibit "A," together with the privileges, general
rights and benefits appurtenant to or used in connection with the beneficial use and enjoyment of
the Purchased Parcel, including, but not limited to, existing rights of way, licenses, and
easements, excluding any new easements prepared and recorded as required by the terms of this
Agreement. Seller and Buyer acknowledge the existence of an existing well or wells on the
Purchased Parcel and the Buyer understands and agrees that the Seller shall retain an appropriate
easement or easements for roadway ingress and egress as necessary to service and maintain the
existing well, wells, and septic systems on the Purchased Parcel. The parties understand,
acknowledge and agree that the Purchased Parcel is being purchased with open space funds and
is intended to and shall be used exclusively as open space for the benefit of the citizens of
Prescott and shall, upon completion of this purchase and sale, constitute and be made part of the
City of Prescott's open space in perpetuity. The easement or easements required to be created
pursuant to the terms of the agreement are legally described in Exhibit "C" attached hereto and
made a part hereof by this reference.
3. OPENING AND CLOSING DATES.
"Opening of Escrow" shall occur when Escrow Agent accepts this Agreement as
provided at the end of this Agreement. Subject to the satisfaction of all contingencies as set forth
herein, the closing of this transaction (the "Closing" or the "Close of Escrow") shall take place at
the office of the Escrow Agent on or before October 1, 2009 (the" Scheduled Closing Date").
4. PURCHASE PRICE.
The purchase price for the Purchased Parcel, as described in Exhibit "A," being
purchased by the City is based on and is agreed to be the per acre appraised value of Sixty
Thousand and 00/100 Dollars ($60,000.00) per acre, as determined by the appraisal, dated May
21, 2009, prepared by Gordon Bergthold Appraisers, Prescott, Arizona. The total purchase price
shall be Eight Hundred Forty Thousand and 00/100 Dollars ($840,000.00), plus or minus any
additional or lesser pro rata portion of$60,000.00 for any portion of acreage exceeding or less
than fourteen (14) acres.
(A) The Buyer shall provide payment for the purchase price to the Seller as
follows:
(1) The sum of Four Hundred Twenty Thousand and 00/100 Dollars
($420,000.00) (the "Earnest Money Deposit") shall be deposited with the Escrow
Agent, in cash or certified funds, on or before June 30, 2009, or within three (3)
days from the Opening of Escrow, whichever date occurs first, and shall be
disbursed to the Seller upon the Close of Escrow. The Earnest Money Deposit
shall be refundable until expiration of the Sixty (60) day Examination Period, at
which time, if Buyer has failed to terminate this Agreement, it shall become non-
refundable and shall be forfeited to Seller upon Buyer's failure to perform, subject
only to (a) the conditions of Section 4 hereof and (b) to performance by Seller of
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its obligations hereunder. Immediately upon receipt of the Earnest Money
Deposit, the Escrow Agent shall deposit the funds in a short-term interest-bearing
account at a financial institution mutually acceptable to Buyer and Seller. The
interest earned on such deposit shall accrue to the benefit of the Buyer, except in
the event Seller becomes entitled to retain the Earnest Money Deposit by reason
of Buyer's failure to perform, in which event said interest shall accrue to the
benefit of the Seller.
(2) The balance of the remaining purchase price in the sum of Four
Hundred Twenty Thousand and 00/100 Dollars ($420,000.00), plus or minus any
additional or lesser amount due and payable as a result of the Purchased Parcel
exceeding or being less than fourteen (14) acres shall be paid to Escrow Agent for
the benefit of Seller plus or minus pro-rations as hereinafter provided, in cash or
certified funds or by wire, on or before the Scheduled Closing Date, unless the
Scheduled Closing Date is extended by mutual agreement of the parties in which
case the balance shall be paid to Escrow Agent on or before the agreed upon
extended closing date.
5. EXAMINATION PERIOD.
(A) Buyer shall have a period commencing on the date of Opening of Escrow
and ending at 5:00 p.m. on the sixtieth (60th) day (Examination Period") during which to make
its examination and investigation of the Purchased Parcel, and this Agreement is subject to and
conditioned upon Buyer's approval of same in Buyer's sole and absolute discretion. Buyer's
activities during the Examination Period shall include, without limitation, investigation of all
aspects of the Purchased Parcel that Buyer deems advisable to confirm that the Purchased Parcel
is suitable for Buyer's intended use. Further, the parties agree that in the event the
environmental inspection to be conducted and paid for by Buyer indicates that any
environmental issues or concerns may exist on the Purchased Parcel necessitating remediation,
the parties agree that such amount as may be necessary to hold back from the sales price to cover
the expenses of remediation shall be held back in escrow pending remediation by Seller. In the
event that significant or substantial environmental concerns are discovered and either party
believes the cost of remediation to be too substantial to continue with or to conduct such
remediation, the parties agree that either party may rescind this agreement, and that all funds
provided to Seller by Buyer for the purchase of the Purchased Parcel shall be refunded to Buyer
and that any title and other real property interests conveyed by Seller to Buyer shall be
reconveyed to Seller.
(B) Within the Sixty (60) day examination period after the Opening of Escrow,
Seller shall assist in and cooperate with Buyer obtaining information and documents and any
real property information possessed by Seller to assist Buyer in obtaining and procuring, at
Buyers' sole cost, a survey of the Purchased Parcel (the "Survey") prepared by an Arizona
licensed civil engineer. The Survey shall be certified to Buyer, Seller and Escrow Agent and
shall meet the minimum ALTA/ASCM standards for issuance by Escrow Agent of a standard
coverage owner's policy of title insurance. The Survey shall contain a legal description of the
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Purchased Parcel. In addition, Seller agrees to reasonably cooperate with Buyer during the
Examination Period and to furnish Buyer such other documents, instruments and information in
Seller's possession concerning the Purchased Parcel or its operation as Buyer may, from time to
time, reasonably request. The survey shall also contain a legal description of all of Seller's
Retained Property and easements retained and reserved to Seller and Seller's successors and
assigns.
(C) Following the Opening of Escrow, Buyer, its agents and employees may
enter upon the Purchased Parcel at any time for the purpose of conducting any and all tests,
investigations, inspections, studies, and surveys which Buyer in its discretion may deem
advisable. If Buyer desires an environmental report or any other reports of any kind with respect
to the Purchased Parcel, Buyer shall obtain such reports at its expense during the Examination
Period. Buyer hereby agrees to indemnify Seller and the Purchased Parcel and holds Seller and
the Purchased Parcel free and harmless from any and all loss or liability resulting from the
activities of Buyer, its agents and employees upon the Purchased Parcel, and from any and all
mechanics', material man's and other liens resulting from such conduct of Buyer, its agents and
employees upon the Purchased Parcel. The foregoing indemnification shall survive the
termination of this Agreement.
(D) At any time prior to the expiration of the Examination Period, if Buyer
determines, for any reason whatsoever, that it does not desire to complete the transaction
contemplated herein, Buyer may terminate this Agreement by so notifying Seller and Escrow
Agent in writing. Upon termination of this Agreement pursuant to this paragraph, the escrow
provided for herein shall be immediately canceled, the Earnest Money Deposit and all earnings
thereon shall be returned to Buyer, and Buyer shall pay all escrow fees in connection with the
escrow or the cancellation thereof. Notwithstanding anything to the contrary contained in this
agreement, it is agreed that in the event that either Buyer or Seller wishes to cancel this
agreement as may be provided herein during the examination period, they shall be required to
provide written notice of their intent to cancel this agreement which notice shall be provided to
the other party and to Escrow Agent, not later than Ten (10) days prior to the closing date
specified herein.
6. TITLE REVIEW PERIOD.
(A) Escrow Agent is hereby instructed to deliver to Buyer and Seller, as soon
as practicable after the Opening of Escrow, a title commitment for an ALTA standard coverage
Owner's title insurance policy (the "Title Report"), together with full, complete and legible
copies of all instruments of record referred to therein. Seller shall pay the premium for the
standard portion of the title insurance policy, and Buyer shall pay all costs for any extended
coverage and/or endorsements in excess of the cost of a standard coverage policy, if so desired
by Buyer.
(B) Buyer shall have ten (10) days after receipt of the Title Report and the
Survey (the "Title Review Period") to give written notice of objection to any matter shown on
the Title Report or the Survey. In the event an amended Title Report is issued or an amended
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Survey is prepared, Buyer shall have ten (10) days from Buyers' receipt of the amended Title
Report or Survey within which to give written notice of objection to any matter shown on the
amended Title Report or amended Survey. Seller will, within ten (10) days after timely
notification of any objection, advise Buyer in writing whether or not Seller will attempt to
eliminate or cure any matter to which Buyer has objected. In the event that Seller advises Buyer
that Seller will not attempt to eliminate or cure the matter to which Buyer has objected, Buyer,
may exercise its options in writing within five (5) days after receipt of Seller's notice, may elect
to (i) waive the objection; or (ii) terminate this Agreement and the escrow. If Buyer fails to give
written notice of its election within the time period provided, Buyer will be deemed to have
waived the objection. If Seller advises Buyer that Seller will attempt to eliminate any matter to
which Buyer has objected, Seller shall use its best efforts to cure such matters on or before the
Scheduled Closing Date, provided, however, Seller shall have no liability to Buyer for failure to
cure such matters, and in the event such matters are not cured on or before the Scheduled Closing
Date, Buyer shall at its option have the right to either (i) terminate this Agreement, or (ii) waive
its objections to such matters. Upon termination of this Agreement pursuant to the terms of this
paragraph, the escrow provided for herein shall be immediately canceled, the Earnest Money
Deposit, together with all earnings thereon, shall be returned to the Buyer, and Seller and Buyer
shall each pay one-half (1/2) of the fees in connection with the escrow or the cancellation
thereof.
(C) If Buyer fails to give written notice of any objection to the Title Report or
the Survey within the time provided above, Buyer will be deemed to have approved all matters
shown on the Title Report and the Survey, and the Purchased Parcel shall be conveyed to the
Buyer subject to all such matters. All matters shown on the Title Report and the Survey, except
those to which Buyer timely objects are hereinafter referred to as "Permitted Title Exceptions".
(D) Notwithstanding anything to the contrary in the preceding subparagraphs,
Seller shall be obligated to remove any financial liens and monetary obligations without the
necessity of Buyers' objecting to said matters. If any monetary liens or encumbrances have not
been removed on or before the Scheduled Closing Date, the Buyer may cancel the agreement and
obtain a refund of the escrow deposit.
7. SELLER'S REPRESENTATIONS AND WARRANTIES.
Seller represents, warrants and covenants to Buyer those matters set forth below,
with the understanding that Buyer shall rely upon said representations, warranties and covenants.
All representations and warranties shall survive the Closing for a period of One (1) year after the
close of escrow.
(A) Seller and all persons acting for and on behalf of Seller have the full
power, capacity and authority to enter into and deliver this Agreement, to perform all obligations
of Seller hereunder, to complete and close this transaction in accordance with this Agreement
and to sign, deliver and perform any documents and instruments in connection herewith on
behalf of Seller.
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(B) Seller is not aware of any liens, encumbrances, claims of liens or
encumbrances, or any possible defects, or claims or defects to the title to the Purchased Parcel
which do not appear in the Title Report, and the parties acknowledge and agree that any liens,
encumbrances, claims of liens due to loans or mortgages are to be removed at closing, and
Seller shall protect Buyer against or remove as a lien or encumbrance any such matter arising
prior to the Closing except those caused by Buyer.
(C) The Purchased Parcel is not subject to any written or oral agreement which
grants to any person or entity other than the Buyer an option, right of first refusal or other right to
acquire any interest in the Purchased Parcel.
(D) Seller has no knowledge of any pending, threatened or contemplated action
of eminent domain or any other public or quasi-public taking of all or any portion of the
Purchased Parcel.
(E) Seller has not authorized any work on the Purchased Parcel which could
result in any mechanics' liens, claims of lien or other claims against the Purchased Parcel, and all
bills for work done or material supplied to the Purchased Parcel have been paid. Seller shall
indemnify, defend, protect and hold Buyer harmless from any unrecorded mechanics', surveyors'
or engineers' liens, claims of lien or other claims against the Purchased Parcel occurring or
arising for work or services performed at Seller's request to or for the Purchased Parcel prior to
the Closing, except for work performed by or on behalf of Buyer.
(F) To Seller's knowledge, there are not any adverse claims of adjoining
property owners against the Purchased Parcel; there are no adverse parties in possession of the
Purchased Parcel or any part thereof; and there are no encroachments by Seller on the Purchased
Parcel or by others in the Purchased Parcel, except as disclosed in the Title Report.
(G) To Seller's knowledge, but without any investigation or inquiry of any
kind, the Purchased Parcel has not been used by Seller or any of Seller's predecessors in title, nor
by anyone else, to generate, manufacture, refine, transport, treat, store, handle, discharge or
dispose of hazardous or toxic wastes or substances, except for insecticides, pesticides, chemicals,
and other substances used in connection with the growing and harvesting of agricultural products
or the preparation or use of the land for agricultural purposes. Seller is not aware of any
proceeding or inquiry by any governmental authority with respect to the presence of hazardous
materials on the Purchased Parcel or the migration of hazardous materials from or to other
property.
8. DISCLAIMER.
(A) Except as herein specifically set forth, Seller makes no representations or
warranties, express or implied, with respect to, and shall have no liability for: (1) the condition of
the Purchased Parcel or the suitability of the Purchased Parcel for Buyer's intended use or for
any use whatsoever; (2) any applicable building or zoning laws or regulations or with respect to
compliance therewith or with respect to the existence of or compliance with any required
permits, if any, of any governmental agency; (3) the availability of water, sewer or other utilities;
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(4) water, sewer or other utility districts; (5) access to any public or private sanitary sewer
system; or (6) the presence of any hazardous substances on or under the Purchased Parcel.
Without limiting the generality of the foregoing, but subject to the representations set forth in
Section 8, Seller shall have no liability to Buyer with respect to the condition of the Purchased
Parcel under common law, or any federal, state, or local law or regulation, including but not
limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980
as amended, 42 U.S.C.A. §9601 et seq., or any similar state statutes in Arizona, including but not
limited to the Arizona State Superfund Act, as codified in A.R.S. §49-281 through 287, and
Buyer hereby waives any and all claims which the Buyer has or may have against the Seller with
respect to the condition of the Purchased Parcel (except claims for a breach of Seller's
representations and warranties set forth in Section 8), including any private causes of action
arising under the foregoing statutes concerning the Purchased Parcel and any conditions in the
Purchased Parcel.
(B) Buyer's failure to terminate this Agreement during the Examination Period
shall act as an acknowledgment by Buyer that: (i) during the Examination Period Buyer has had
the opportunity to review the Purchased Parcel to determine if the Purchased Parcel is in
violation of any federal, state or local environmental law, rule or regulation or otherwise contains
levels or concentrations of"hazardous substances", "hazardous materials", "toxic substances" or
"hazardous waste", as such terms are defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended 42 U.S.C. §9601 et seq., the Hazardous
Materials Transportation Act 49 U.S.C. §1801 et seq., the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. §6901 et seq., or the Toxic Substances Control Act, as amended, 15
U.S.C. §2601 et seq., or analogous provisions of state law; (ii) Buyer is purchasing the Purchased
Parcel "as is" in its present condition, subject only to the representations and warranties
contained in this Agreement; and (iii) Buyer has fully inspected the Purchased Parcel and
assumes the responsibility and risks of all defects and conditions, including such defects and
conditions, if any, that cannot be observed by casual inspection.
(C) By closing the transaction hereunder, Buyer agrees that (i) Buyer shall be
deemed to have accepted all risks associated with adverse physical characteristics and existing
environmental conditions that may or may not have been revealed by the Buyer's investigation
of the Purchased Parcel, (ii) as between the Buyer and the Seller, Buyer shall be deemed to have
accepted all costs and liability associated in any way with the physical and environmental
condition of the Purchased Parcel, and (iii) the Buyer hereby waives any and all objections,
setoffs, claims, or causes of action (whether under a statute or common law) concerning the
physical characteristics and existing conditions of the Purchased Parcel, including, without
limitation, any environmental hazards.
(D) Notwithstanding the foregoing disclaimers, waivers and releases, nothing
in this Section 9 shall be deemed to relieve Seller of any liability to Buyer for release of
hazardous materials or other environmental contamination on the Purchased Parcel caused by
Seller or Seller's officers, directors, shareholders, employees, agents, contractors, or invitees; nor
shall this Section be deemed to release Seller from liability for breach of any express
representations or warranties contained in this Agreement.
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9. POSSESSION.
Possession of the Purchased Parcel and risk of loss will be delivered to the Buyer
at Close of Escrow. City also agrees at its expense to post seller's properties that are not part of
the sale to help prevent unauthorized or unlicensed use by the public and to hold harmless and
indemnify seller from any liability claims from such unauthorized public incursions on
Seller's Retained Property.
10. ADDITIONAL CONDITIONS OF SALE.
The following are further conditions of sale:
1. The subject property sold pursuant to this Agreement shall be designated
as and shall be used exclusively as open space by the City.
2. No man made structures shall be constructed, allowed, or placed on the
Purchased Parcel except for small inconspicuous signs west of boundary
designating private land beyond the Purchased Parcel.
3. No Paving shall be allowed or placed on the Purchased Parcel.
4. Any vegetation planted on the Purchased Parcel must be native to the area.
5. Buyer shall not construct or place anything on the Purchased Parcel which
obstructs Seller's or Seller's legal successors and assigns of Seller's Retained
Parcel, current views and access to the Purchased Parcel and lake.
6. The Seller's Retained Parcel and any subsequent legal owners of Seller's
Retained Parcel shall have unobstructed and unencumbered access to the
Purchased Parcel and the entire lake.
7. No bridges shall be placed or constructed on the Purchased Parcel which
would hinder access to the Purchased Parcel or the entire lake or obstruct current
views of the Purchased Parcel and lake.
8. No high wire utility lines and poles shall be constructed or allowed on or
across the Purchased Parcel, unless the same are mandated as a result of legal
condemnation by a legally approved condemning authority.
9. No man made trails shall be built or constructed east of survey boundary
between the Purchased Parcel and Seller's Retained Property in the area or areas
of an existing well, wells and septic system.
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10. No camping or overnight activities shall be allowed on the Purchased
Parcel.
11. No fireworks or camp fires shall be allowed on the Purchased Parcel.
12. Nothing shall be constructed or placed on the properties currently owned
by the City, which would obstruct current views and access to the Purchased
Parcel and lake from Seller's Retained Parcel or any portions thereof
13. Sellers shall walk the property with the surveyor, Kelley/Wise
Engineering, Inc., at which time the surveyor shall mark the boundary between
the Purchased Parcel and Seller's Retained Property prior to close of escrow.
14. The parties understand that from time to time, horses may wander a short
distance to an area west of the Purchased Parcel's boundary line in the rocky area
south of the well and septic system area and the parties agree to amicably agree to
address and resolve any issues arising as a result of such equine activity, if any.
15. Neither the City nor any other entity shall be granted access for any
purpose to the Purchased Parcel through, over, and under the Seller's Retained
Parcel or any portion thereof
11. CONDEMNATION.
If any condemnation or eminent domain proceedings are commenced with respect
to the Purchased Parcel, or any part thereof, prior to the Closing, Seller shall promptly give
Buyer written notice thereof, and Buyer shall have the option, to be exercised within fifteen (15)
days after receipt of such notice, to (i) close the purchase of the Purchased Parcel on the
Scheduled Closing Date subject to such proceedings, whereupon any award paid or to be paid in
connection therewith shall be paid to or assigned to Buyer by Seller at the Closing, or (ii)
terminate this Agreement and receive a return of the Earnest Money Deposit, whereupon the
rights and obligations of the parties to this Agreement shall cease and terminate, except for rights
and obligations which by the express terms of this Agreement survive its termination.
12. CLOSING MATTERS.
(A) On or before the Scheduled Closing Date, Seller shall deposit with Escrow
Agent, for delivery to Buyer at the Closing, the following items, which shall be in form
satisfactory to Buyer and be duly executed and acknowledged (where applicable): (i) a Special
Warranty Deed conveying fee simple title to the Purchased Parcel to City, subject only to the
Permitted Title Exceptions; (ii) an Affidavit of Real Property Value; (iii) an affidavit of Seller's
non-foreign status, as required pursuant to Section 20; and (iv) such other documents as may be
required by Escrow Agent.
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(B) On or before the Scheduled Closing Date, Buyer shall deposit with Escrow
Agent, for delivery to Seller at the Closing, (i) the sum of Four Hundred Twenty Thousand and
00/100 Dollars ($420,000.00), plus or minus any additional or lesser amount due and payable as
a result of the Purchased Parcel exceeding or being less than fourteen (14) acres, in cash or
certified funds or by wire. Buyer shall specify to Title Company the method of disbursement of
funds.
(C) All real property taxes and assessments shall be prorated as of the Closing
Date on the latest information available to the Escrow Agent. All Escrow fees and all other
closing costs shall be charged to and paid by Buyer. If any tax or assessments affects the
property and any additional land not a part of the Purchased Parcel, only that portion of the tax or
assessment attributable to the Purchased Parcel shall be prorated between Buyer and Seller, and
the remainder of said tax or assessment shall remain the sole obligation of the Seller. The
determination of the portion of the tax or assessment attributable to the Purchased Parcel shall
take into account the value of improvements (if any) made to the property and/or any other
property covered by the tax bill to properly account for differences in the valuation of, and
resulting tax or assessment levied against the Purchased Parcel covered by the bill.
13. BROKERS' COMMISSIONS.
Buyer and Seller warrant, each to the other, that, there are no fees or commissions
owing to any broker or other party for bringing about the sale contemplated hereunder. If any
other person shall assert a claim to a fee, commission or other compensation on account of
alleged employment as a broker or finder or for performance of services as a broker or finder in
connection with this transaction, the party hereto under whom the broker or finder is claiming
shall indemnify and hold harmless the other party against and from any such claim and all costs,
expenses and liabilities incurred in connection with such claim or any action or proceeding
brought thereon (including, but without limitation, counsel and witness fees and court costs in
defending against such claim).
14. NOTICES.
All notices, requests and other communications hereunder shall be given in
writing and either (i) personally served on the party to whom it is given, or (ii) mailed by
registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private
overnight courier such as Federal Express or Airborne, or (iv) sent by facsimile to the number set
forth below, as long as such facsimile transmission is confirmed as received by the transmission
equipment, and is followed the next business day by another permissible means of notice
hereunder, addressed as follows:
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If to Seller:
Beurie Family Trust
c/o John and Judy Beurie, Trustees
3240 N. State Route 89
Prescott, Arizona 86301
With a copy to:
Selmer Lutey, Esq.
Murphy, Schmitt, Hathaway& Wilson, PLLC
117 E. Gurley Street
Prescott, AZ 86302
Phone: (928) 445-6860
If to Buyer:
City Attorney
City of Prescott
201 S. Cortez Street
Prescott, AZ 86302
Phone (928) 777-1274
If to Escrow Agent:
Connie Allman
Yavapai Title
123 N. Montezuma
Prescott, Arizona 86301
928-445-2528
All notices shall be deemed given when delivered or, if mailed as provided above, on the second
day after the day of mailing, and if sent by overnight courier, on the next day after the date of
deposit with the courier, and if sent by facsimile, upon machine confirmation of receipt. Any
party may change his address for the receipt of notices at any time by giving written notice
thereof to the other parties in accordance with the terms of this section. The inability to deliver
notice because of a changed address of which no notice was given, or rejection or other refusal to
accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such
inability to deliver or rejection or refusal to accept.
15. SELLER'S REMEDIES.
Provided Seller is not in default hereunder, in the event the escrow hereunder fails
to close because of a breach by the Buyer or Buyer's inability to satisfy any of the conditions
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precedent set forth herein, Seller shall not be entitled to specifically enforce this Agreement. In
that event, the Earnest Money Deposit that has been deposited into escrow, together with all
earnings thereon, shall be released to Seller, free of all claims of Buyer. Seller's sole remedy
shall be to retain the Earnest Money Deposit and earnings thereon as liquidated damages.
16. BUYER'S REMEDIES.
Provided Buyer is not in default hereunder, in the event the escrow hereunder fails
to close because of a breach by the Seller or Seller's inability to satisfy any of the conditions
precedent set forth herein, Buyer shall not be entitled to specifically enforce this Agreement. In
that event, the Earnest Money Deposit that has been deposited into escrow, together with all
earnings thereon, shall be released to Buyer, free of all claims of Seller. Buyers' sole remedy
shall be to retain the Earnest Money Deposit and earnings thereon as liquidated damages.
17. RIGHT TO CURE.
The breach by either party of any representation or warranty under this
Agreement or such party's failure to perform any covenant, condition or obligation hereunder
shall constitute a default hereunder, and the non-breaching party may exercise its remedies,
including termination of this Agreement, only if such breach or nonperformance continues more
than five (5) business days following the date of notice by the other party specifying such breach
or nonperformance.
18. AFFIDAVIT OF NON-FOREIGN STATUS: IRS FORM 1099B.
Seller shall deliver or cause to be delivered to Escrow Agent at the Close of
Escrow an affidavit executed by Seller under penalty of perjury setting forth Seller's taxpayer
identification number and stating that Seller is not a foreign person, in accordance with Internal
Revenue Code Section 1445(b)(2). Seller shall also execute and deliver to Escrow Agent at the
Close of Escrow a copy of IRS Form 1099B for filing by Escrow Agent with the Internal
Revenue Service (the "IRS"). Escrow Agent, as the party responsible for closing the transaction
contemplated hereby within the meaning of Section 6045(e)(2)(A) of the Internal Revenue Code
of 1986, as amended (the "code"), is instructed to file all necessary information reports, returns
and statements (collectively the "reports") regarding the transaction required by the Code,
including, but not limited to, the reports required pursuant to Section 6045 of the Code.
19. CLOSING PROTECTION LETTER.
If Escrow Agent acts as an agent for an underwriter and does not issue policies of
title insurance, Escrow Agent agrees that, as a condition to acting as the escrow agent for this
transaction, it shall cause its underwriter (the "title insurer") to issue to Seller and Buyer, within
twenty (20) days after the Opening of Escrow, an escrow and closing protection letter, insured
escrow and closing service, or statement of service responsibility in written form satisfactory to
both Seller and Buyer.
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20. MISCELLANEOUS.
(A) This Agreement and the exhibits attached hereto or to be attached hereto,
embody the entire agreement between the parties in connection with this transaction, and there
are no oral agreements existing between the parties relating to this transaction that are not
expressly set forth herein and covered hereby; this Agreement may not be modified except in a
writing signed by all parties.
(B) Time is of the essence of this Agreement.
(C) In the event either party hereto fails to perform any of its obligations under
this Agreement or in the event a dispute arises concerning the meaning or interpretation of any
provision of this Agreement, the sole remedies shall be as specified in paragraphs 14 and 15
respectively, herein.
(D) The captions and section numbers appearing in this Agreement are
inserted only as a matter of convenience, and do not define, limit, construe or describe the scope
or intent of such sections or articles of this Agreement nor in any way affect this Agreement.
(E) This Agreement may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original and all of which, taken together, shall constitute
one and the same agreement.
(F) This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors in interest and assigns; provided, however, that no
assignment of this Agreement shall in any way relieve the assignor of its obligations hereunder.
Buyer may assign its rights pursuant to this Agreement by giving written notice of such
assignment to Seller and the Escrow Agent.
(G) This Agreement shall be construed and interpreted under, governed
and enforced according to the laws of the State of Arizona.
(H) Cancellation in the Event of Conflict. The parties hereby note that either
party hereto may cancel this agreement in the event of a conflict of interest as defined by A.R.S.
§ 38-511, the provisions of which are incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last
date set forth below their respective signatures.
SELLER: BUYER:
BEURIE FAMILY TRUST CITY OF PRESCOTT
By By
Jack D. Wilson
Its: Its: Mayor
13
Attest:
Murphy, Schmitt, Hathaway& Wilson, PLLC
Elizabeth A. Burke
By: City Clerk
Selmer Lutey
Attorney for Seller Approved as to form:
By
Gary D. Kidd
City Attorney
14
AGREEMENT AND CONSENT BY ESCROW AGENT
The undersigned, Yavapai Title Company, hereby agrees to (i) accept the foregoing Real
Estate Purchase Agreement as instructions to the undersigned, (ii) act as Escrow Agent under
said Agreement in consideration of its fees normally charged in such transactions, and (iii) be
bound by said Agreement in the performance of its obligations as the Escrow Agent.
Dated this day of , 2009.
YAVAPAI TITLE AGENCY
By:
Its:
15
EXHIBIT "A"
LEGAL DESCRIPTION OF PURCHASED PARCEL
[To Be Attached]
16
EXHIBIT"B"
LEGAL DESCRIPTION OF SELLER'S RETAINED PROPERTY
[To Be Attached]
17
EXHIBIT"C"
EASEMENT TO BE RETAINED BY SELLER
[To Be Attached]
18
COUNCIL AGENDA MEMO - June 23, 2009 ■I `cir
DEPARTMENT: City Manager
AGENDA ITEM: Continuation of public hearing on Granite Dells Ranch Rezoning RZ09-
001 from June 23, 2009, to July 14, 2009
Approved By: Date:
Deputy City Manager: Craig V. McConnell ' ' ' -
647-0 9
Finance Director: Mark Woodfill
City Manager: Steve Norwood P 0 f 7/
Item Summary
The subject public hearing was previously noticed to be held at a Special Meeting of the
City Council on June 23, 2009, immediately following the regular 3:00 PM Council
Meeting on that date. A copy of the Notice of Public Hearing is attached for reference.
At the Study Session of June 16, 2009, due to the possible imposition of an impact fee
moratorium by the State of Arizona, action was deferred on the prospective Granite
Dells Ranch development agreement, master plan, other related plan amendments,
and annexation. Upon advice of the City Attorney, direction was also received to
continue the subject public hearing on the rezoning application to a later date certain.
July 14, 2009, has been selected as the date to which the public hearing should be
continued. In the event the impact fee moratorium issue has not been resolved by July
14th, another continuation of the public hearing may be necessary.
Attachment - Notice of Public Hearing Rezoning RZ09-001
Recommended Action: MOVE to continue the public hearing on Granite Dells Ranch
Rezoning RZ09-001 to a Special Meeting to be held on July 14, 2009, immediately
following the regular 3:00 PM Council Meeting on that date.
NOTICE OF PUBLIC HEARING
CITY OF PRESCOTT
REZONING
PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING will be held in
Council Chambers, 201 South Cortez Street, Prescott, Arizona on June 23, 2009,
immediately following the 3:00 PM Council Meeting at a Special Meeting of the
City Council to consider the following:
RZ09-001, GRANITE DELLS RANCH. APNs: 102-06-002E, 103-01-030A, 103-01-
031A, 103-01-031B, 103-01-053C, 800-17-021E, 800-17-023W and portions of the
Peavine Trail west of Granite Dells Estates (Fann). Totaling ± 450 acres.
Recommendation for Rezoning includes Single-Family 9 (SF-9 = 9,000 square feet
minimum) and Rural Estate-2 acre minimum (upon annexation) to Open Space (OS),
Business Regional (BR), and Industrial Light (IL). Owner is Granite Dells Ranch
Holdings (Cavan). Applicant/agent is Mark Reddie, LVA Urban Design Studio.
Community Planner is Ryan Smith (928)777-1209.
Any written issues or concerns with this item must be received by the City of Prescott
Community Development Department, Attention: Thomas Guice, Director, 201 S.
Cortez St., Prescott, Arizona 86303, no later than 5:00 PM, June 17, 2009, for inclusion
in City Council Packets.
Details of the rezoning may be obtained at the City of Prescott Planning & Zoning
Office, 201 S. Cortez Street, Prescott, Arizona 86303, or by calling Community Planner
Ryan Smith at(928)777-1209 or Community Development Director Tom Guice at(928)
777-1317.
Publish 1x
June 8, 2009
,_
II -R, µ,„, i REZONE SIIE PLAN
FRZ
a !i f I. xu
M
•
s^ viiie . _ 4-C T
R
4
Me ,T.
CERTIFICATION OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall,201 S Cortez on May
27,2009 t 4:30 PM in accordance with the statement filed with the City Clerk's Office.
/641/
Kathj Dude dministrative Assistant
Community evelopment Department
a —
1
a
COUNCIL AGENDA MEMO — June 23, 2009
DEPARTMENT:
AGENDA ITEM: Discussion of election process including roles and responsibilities and
verification of candidate petitions.
Approved By: Date:
Department Head: Elizabeth A. Burke, City Clerk 06/19/09
Finance Director: Mark Woodfill ��/,
City Manager: Steve Norwood _ ,/� 'l 0�
V I
Background
Councilwoman Suttles and Councilman Lamerson have requested that this be placed
on the agenda to discuss the election process. Below I am including the information I
sent out previously and on Tuesday we'll do a short PowerPoint to review the process
further.
As you all know, there have been many questions on this year's candidate petitions and
other election issues. ARS §16-351 addresses challenges filed by any interested party;
however, the Statutes are vague on the role of the City Clerk's Office. We, therefore,
have had to review the case law as shown in the League's Manual:
"It is the duty of the courts and not the clerk to determine the legal sufficiency of
nomination petitions'. The clerk need only determine that the nomination petition are
substantially in regular form and contain the requisite number of signatures. The clerk
has neither the right nor the duty to determine signers of the nomination petitions are
qualified electors."
'Sims Printing Co. v. Frohmiller, 47 Ariz. 561, 58 P.2d 518
Hunt et al. v. Superior Court in and for Navajo County et al., 64 Ariz. 325, 170 P.2d 293
Both of these cases make it very clear that the clerk's role is to 1) receive petitions by
the statutory deadline; 2) verify that they are in substantial form; and 3) verify that they
contain the required number of signatures. The City Clerk's office, and for that matter all
staff, have to maintain neutrality in all of their public duties, but especially with all
aspects of the election process.
Recommended Action: Council's pleasure.
1
•
33E--""-Za
COUNCIL AGENDA MEMO - June 23, 2009 t
DEPARTMENT: Budget and Finance 2
AGENDA ITEM:
Public Hearing FY 2010 Budget, Expenditure Limitation and Tax Levy
Resolution Adopting Final FY 2010 Budget, Expenditure Limitation, City Job Roster,
and Identification of Unfunded Capital
Approved By: Date:
Department Head: Mark Woodfill
Finance Director: Mark Woodfill
City Manager: Steve Norwood Ce 6r 3p 06/le/Cc?
BACKGROUND
The fiscal year 2010 (FY10) budget process started in January with a workshop where
council established the City's goals and priorities. From January to March City
departments put together operating and capital plans to achieve these goals and
priorities. During April and May the City Manager and budget staff reviewed and meet
with Departments to refine these plans into a balanced budget.
At the Budget Workshop on May 21, 2009 the budget for FY10 was reviewed along with
the projects that could not be funded. Council and staff made some modifications to this
proposed budget and the tentative FY10 budget of $180,818,693 was adopted by
Council on June 9, 2009.
ITEM
This is the next step in the fiscal year 2010 budget process and includes:
• Public hearing on the fiscal year 2010 (June 23, 2009)
o Budget
o Expenditure Limitation
o Property Tax Levy
• Consideration of a Resolution which establishes the
o Establishes the FY10 Budget
o Sets the FY10 Expenditure Limitation
o Approves the City Job Roster
o Identification Unfunded Capital Projects
Summary of the FY10 Budget:
FY09 FY10 Change/
Budget Budget Budget
Operating 80,833,236 81,448,527 0.8%
Capital Outlay/Projects 175,443,927 99,370,166 -43.4%
Total 256,277,163 180,818,693 -29.4%
Agenda Item: Public Hearing and Resolution No. 3974-0980
In November 2005 voters approved the "Home Rule Option" that requires the City
Council establish the spending limit each year as part of the budget process. This
resolution includes establishment of the Expenditure Limit for FY10 at $180,818,693.00.
Attached for your review and consideration are:
• Resolution No. 3974-0980
• FY10 Budget Forms
• City's Complete Job Roster and Pay Scale
• Unfunded Capital Projects
At a July 14, 2009 Special Meeting the Council will consider the FY10 property tax levy.
Recommended Action: (1) MOVE to close the public hearing; and (2) MOVE to adopt
Resolution No. 3974-0980.
2
RESOLUTION NO. 3974-0980
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT,
YAVAPAI COUNTY, ARIZONA, FINALLY DETERMINING AND ADOPTING
ESTIMATES OF PROPOSED EXPENDITURES FOR THE FISCAL YEAR 2010, AND
DECLARING THAT THE SAME SHALL CONSTITUTE THE BUDGET FOR THE CITY
OF PRESCOTT FOR SAID FISCAL YEAR AND ESTABLISHING THE EXPENDITURE
LIMITATION, APPROVING AND UPDATING THE JOB ROSTER FOR THE CITY OF
PRESCOTT AND SETTING FORTH ITS DETERMINATION AS TO UNFUNDED
CAPITAL AND OTHER UNFUNDED BUDGETARY REQUESTS
RECITALS:
WHEREAS, in accordance with the Provisions of Title 42, Chapter 17, Articles 1-
5, Arizona Revised Statutes, the City Council did, on the 9th day of June, 2009, make
an estimate of the different amounts required to meet the public expenses for the
ensuing year, also an estimate of revenues from sources other than direct taxation, and
the amount to be raised by taxation upon real and personal property within the City of
Prescott; and
WHEREAS, in accordance with said sections of said title, and following due
public notice, the Council met on June 23, 2009, at which meeting any taxpayer was
privileged to appear and be heard in favor of or against any of the proposed
expenditures, establishing the expenditure limitation, or tax levies; and
WHEREAS, the City Job Roster is included in the accompanying exhibit and the
Council wishes to update its job roster and approve the job roster as provided by the
Prescott City Charter; and
WHEREAS, Unfunded Capital Projects are included in the accompanying
exhibits to this resolution and such projects have been determined not to be funded by
the City of Prescott in the 2010 fiscal year; and
WHEREAS, it appears that publication has been duly made as required by law,
of said estimates together with a notice that the City Council would meet on July 14,
2009, in Prescott City Council Chambers at 201 South Cortez Street, Prescott, Arizona
for the purpose of making tax levies as set forth in said estimates; and
WHEREAS, it appears that the sums to be raised by primary taxation, as
specified therein, do not in the aggregate amount exceed that amount as computed in
Arizona Revised Statutes, Title 42, Section 17051.A.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
PRESCOTT AS FOLLOWS:
RESOLUTION NO. 3974-0980 PAGE 2
SECTION 1. THAT, the said estimates of revenue and expenditures shown on
the accompanying schedules as now increased, reduced or changed by and the same
are hereby adopted as the budget of the City of Prescott for the fiscal year 2010.
SECTION 2. THAT, the expenditure limitation for the City of Prescott for fiscal
year 2009 be established at $180,818,693.
SECTION 3. THAT, the Roster of Jobs shown in the attached accompanying
exhibit be adopted and approved by the City of Prescott and in accordance with Article
IV of the Prescott City Charter.
SECTION 4. THAT, the Council in its legislative discretion has reviewed the
budgetary items referred to in the annual budget proposals as "Unfunded Capital,"
which items are referred to in the accompanying exhibit referenced as Unfunded Capital
and in the exercise resources for the purchase of equipment, personnel, construction,
reconstruction or maintenance of the unfunded proposals and projects contained in or
referred to in the "Unfunded Capital" exhibit. Further, the City Council has exercised its
budgetary and legislative discretion with respect to its decision not to provide
governmental funding or services for the Unfunded Capital items, as well as for the
requested equipment, personnel, construction or maintenance of facilities or capital
items requested in departmental budgetary proposals considered by the Council in its
annual budget retreat and its review of the budget proposals of each city department,
(Including all proposals for capital funding and that the decision not to fund, to repair, to
improve, maintain, reconstruct). The Council has determined not to spend existing
resources for the purchase of equipment, personnel, construction, reconstruction or
maintenance of the unfunded proposal and unfunded projects requested by the City
departments. This determination constitutes a decision by the City Council not to
provide the resources necessary for such proposals to be funded, including specifically
the decision as to which streets, sidewalks, sanitary sewers, and parking lots will be
repaired, maintained, and reconstructed or otherwise funded for the ensuing fiscal year
and which will not be funded.
PASSED and ADOPTED by the Mayor and Council of the City of Prescott,
Arizona, on this 23rd day of June, 2009.
JACK D. WILSON, Mayor
ATTEST: APPROVED AS TO FORM:
ELIZABETH A. BURKE, City Clerk GARY D. KIDD, City Attorney
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CITY OF PRESCOTT, ARIZONA
Summary of Tax Levy and Tax Rate Information
Fiscal Year 2010
2009 2010
1. Maximum allowable primary property tax levy.
A.R.S. §42-17051(A) $ 1,278,666 $ 1,338,494
2. Amount received from primary property taxation in
the current year in excess of the sum of that year's
maximum allowable primary property tax levy.
A.R.S. §42-17102(A)(18) $
3. Property tax levy amounts
A. Primary property taxes $ 1,214,192 $ 1,235,701
B. Secondary property taxes 1,937,779 1,646,680
C. Total property tax levy amounts $ 3,151,971 $ 2,882,381
4. Property taxes collected*
A. Primary property taxes
(1) Current year's levy $ 1,197,088
(2) Prior years' levies 17,104
(3) Total primary property taxes $ 1,214,192
B. Secondary property taxes
(1) Current year's levy $ 1,906,425
(2) Prior years' levies 31,354
(3) Total secondary property taxes $ 1,937,779
C. Total property taxes collected $ 3,151,971
5. Property tax rates
A. City/Town tax rate
(1) Primary property tax rate 0.1839 0.1695
(2) Secondary property tax rate 0.2394 0.2002
(3) Total city/town tax rate 0.4233 0.3697
B. Special assessment district tax rates
Secondary property tax rates-As of the date the proposed budget was prepared, the
City of Prescott did not operate any special assessment districts for which secondary
property taxes are levied.
* Includes actual property taxes collected as of the date the proposed budget was prepared, plus
estimated property tax collections for the remainder of the fiscal year.
4/08 SCHEDULE B
CITY OF PRESCOTT,ARIZONA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
GENERAL FUND
Local taxes
Prvilege and Use Tax $ 15,121,000 $ 13,350,018 $ 12,677,500
Franchise Taxes 1,564,191 1,577,355 1,608,902
Licenses and permits 895,915 406,827 397,750
Intergovernmental
State 12,282,566 11,658,393 10,812,411
Local Jurisdictions 2,304,733 2,296,466 2,344,708
Charges for services 753,529 559,901 540,720
Fines and forfeits 449,000 448,750 442,500
Interest on investments 200,000 200,000 200,000
In-lieu property taxes 94,550 74,142 74,142
Miscellaneous 331,975 348,983 324,124
Total General Fund $ 33,997,459 $ 30,920,835 $ 29,422,757
SPECIAL REVENUE FUNDS
Highway User Revenue Fund
Intergovernmental-State $ 3,895,679 $ 3,147,610 $ 3,118,684
Intergovernmental-Local Jurisdictions 294,264 241,512 284,544
Miscellaneous 278,950 268,336 232,721
Total Highway User Revenue Fund $ 4,468,893 $ 3,657,458 $ 3,635,949
Local Transportation Assistance Fund
Streets and Open Space Tax $ 14,684,000 $ 12,810,002 $ 12,195,000
Intergovernmental-State 1,000,000
Intergovernmental-County 98,654 2,010,000
Interest Earned 519,000 131,000 120,000
Intergovernmental-Local Jurisdictions 799,080 409,920 157,420
Miscellaneous 1,598 480,000
Total Local Transportation Assistance Fund $ 16,002,080 $ 13,451,174 $ 15,962,420
Transient Occupancy Tax
Transient Occupancy Tax $ 680,715 $ 530,000 $ 491,817
Fees/Donations 37,000 30,000 38,000
Miscellaneous 3,000 3,036 100
Total Transient Occupancy Tax Fund $ 720,715 $ 563,036 $ 529,917
Capital Improvement Fund
Interest Earned $ 176,389 $ 250,000 $ 250,000
Sale of Property 25,500
Miscellaneous 1,000 500 500
Total Capital Improvement Fund $ 177,389 $ 276,000 $ 250,500
Impact Fees Fund
Impact Fees $ 596,995 $ 322,700 $ 322,700
Miscellaneous 123,918 97,820 97,820
Total Impact Fees Fund $ 720,913 $ 420,520 $ 420,520
Grant Funds
Miscellaneous Grants 5,169,923 1,394,392 13,512,539
Total Grants Fund $ 5,169,923 $ 1,394,392 $ 13,512,539
Total Special Revenue Funds $ 27,259,913 $ 19,762,580 $ 34,311,845
4/08 SCHEDULE C Page 6 of 11
CITY OF PRESCOTT,ARIZONA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared,plus estimated revenues for the remainder of the fiscal year.
4/08 SCHEDULE C Page 7 of 11
CITY OF PRESCOTT,ARIZONA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
DEBT SERVICE FUNDS
Special Assessments $ 322,151 $ 322,151 $ 332,151
Interest Earned 137,366 137,395 121,464
Total Debt Service Funds $ 459,517 $ 459,546 $ 453,615
PERMANENT FUNDS
Acker Trust 20,000 25,000 25,000
$ 20,000 $ 25,000 $ 25,000
Total Permanent Funds $ 20,000 $ 25,000 $ 25,000
ENTERPRISE FUNDS
Water Fund $ 22,030,453 $ 15,454,609 $ 16,040,675
Wastewater Fund 7,949,402 6,554,892 6,958,609
Solid Waste/Transfer Station Fund 9,798,603 9,068,208 9,400,449
Golf Course Fund 4,166,660 3,135,529 3,377,007
Airport Fund 14,122,642 1,727,634 2,960,681
Parking Garage Fund 75,800 60,282 64,500
Total Enterprise Funds $ 58,143,560 $ 36,001,154 $ 38,801,921
INTERNAL SERVICE FUNDS
Central Garage Fund $ 4,481,785 $ 4,664,351 $ 3,709,176
Self-Insurance Fund 2,355,204 1,867,909 2,044,627
Facilities Maintenance Fund 1,180,934 1,182,456 990,793
Engineering Fund 2,357,610 2,052,868 1,903,222
Total Internal Service Funds $ 10,375,533 $ 9,767,584 $ 8,647,818
TOTAL ALL FUNDS $ 130,255,982 $ 96.936,699 $ 111,662,956
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
4/08 SCHEDULE C Page 8 of 11
CITY OF PRESCOTT, ARIZONA
Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers
Fiscal Year 2010
OTHER FINANCING INTERFUND TRANSFERS
2010 2010
FUND SOURCES <USES> IN <OUT>
GENERAL FUND
Capital Improvement Fund $ $ $ 250,000 $ (1,753,621)
1% Streets and Open Space Fund (6,000)
Parking Garage Fund (10,122)
Total General Fund $ $ $ 250,000 $ (1,769,743)
SPECIAL REVENUE FUNDS
Capital Improvement Fund $ $ $ 3,123,848 $ (1,762,219)
1% Streets and Open Space Fund 20,500,000 253,205 (925,000)
Highway Users Revenue Fund 264,590
Grant Funds 1,432,671
Impact Fees Fund (803,396)
Total Special Revenue Funds $ 20,500,000 $ $ 5,074,314 $ (3,490,615)
DEBT SERVICE FUNDS
$ $ $ $
Total Debt Service Funds $ $ $ $
CAPITAL PROJECTS FUNDS
$ $ $ $
Total Capital Projects Funds $ $ $ $
PERMANENT FUNDS
$ $ $ $
f
Total Permanent Funds $ $ $ $
ENTERPRISE FUNDS
Parking Garage Fund $ $ $ 10,122 $
Solid Waste/Transfer Station Fund (264,590)
Water Fund 27,524,433 (28,000)
Wastewater Fund 11,502,980 (28,000)
Airport Fund 121,512
Total Enterprise Funds $ 39,027,413 $ $ 131,634 $ (320,590)
INTERNAL SERVICE FUNDS
Central Garage $ $ $ 125,000 $
Total Internal Service Funds $ $ $ 125,000 $
TOTAL ALL FUNDS $ 59,527,413 $ $ 5,580,948 $ (5,580,948)
4/08 SCHEDULE D
1
CITY OF PRESCOTT,ARIZONA
Summary by Department of Expenditures/Expenses Within Each Fund Type
Fiscal Year 2010
ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2009 2009 2009 2010
GENERAL FUND
City Council $ 59,353 $ $ 50,222 $ 55,941
City Clerk 125,712 25,073 75,150
City Court 521,285 505,485 525,193
City Manager 1,604,204 1,575,502 1,760,663
Legal Department 285,357 264,958 277,292
Budget& Finance 1,911,028 1,514,077 1,746,610
Administrative Services 585,576 537,011 236,756
Community Development 2,430,949 2,206,904 1,638,460
Parks, Recreation &Library 6,079,335 5,962,392 5,452,628
Police Department 10,217,104 9,644,623 9,863,514
Fire Department 7,550,839 7,366,468 7,045,674
Regional Communications 2,486,667 2,362,902 2,434,352
Total General Fund $ 33,857,409 $ $ 32,015,617 $ 31,112,233
SPECIAL REVENUE FUNDS
Highway User Fund $ 4,165,866 $ $ 4,016,336 $ 3,882,857
1%Streets and Open Space 23,225,513 4,437,595 21,895,353 29,388,936
Transient Occupancy Tax 839,122 672,691 594,393
Capital Improvement Fund 11,160,211 3,836,654 4,614,042
Impact Fee Fund 223,200 750 191,700
Grant Funds 5,911,082 1,627,780 14,956,310
Total Special Revenue Funds $ 45,524,994 $ 4,437,595 $ 32,049,564 $ 53,628,238
DEBT SERVICE FUNDS $ 2,369,675 $ $ 2,369,675 $ 1,986,840
CAPITAL PROJECTS FUNDS
Public Safety Projects $ 42,818,040 $ (4,437,595) $ $
Park Upgrades 4,000,000
•
Rodeo Grounds 3,196,981
Runway 3R-21L Land 4,575,000
Total Capital Projects Funds $ 54,590,021 $ (4,437,595) $ $
PERMANENT FUNDS
Trust Funds 100,000 100,000 100,000
Total Permanent Funds $ 100,000 $ $ 100,000 $ 100,000
ENTERPRISE FUNDS
•
Water Fund $ 48,740,756 $ $ 18,144,334 $ 55,707,840
Wastewater Fund 28,002,728 13,038,218 12,880,361
Solid Waste/Transfer Station 10,061,302 8,509,154 9,082,788
Golf Course Fund 4,470,926 4,219,596 3,372,782
Airport Fund 13,309,432 2,070,415 3,069,265
Parking Garage Fund 117,858 96,323 77,160
Total Enterprise Funds $ 104,703,002 $ $ 46,078,040 $ 84,190,196
INTERNAL SERVICE FUNDS
Central Garage $ 9,330,254 $ $ 3,010,207 $ 4,689,818
Self-Insurance Fund 2,265,204 1,828,529 2,223,627
Engineering Fund 2,357,610 2,142,872 1,898,948
Facilities Maintenance Fund 1,178,994 1,149,972 988,793
Total Internal Service Funds $ 15,132,062 $ $ 8,131,580 $ 9,801,186
TOTAL ALL FUNDS $ 256,277,163 $ $ 120,744,476 $ 180,818,693
* Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget
was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
4/08 SCHEDULE E
CITY OF PRESCOTT,ARIZONA
Summary by Department of Expenditures/Expenses
Fiscal Year 2010
ADOPTED EXPENDITURE!
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2009 2009 2009 2010
Public Works:
1%Streets and Open Space $ 23,225,513 $ 4,437,595 $ 21,895,353 $ 29,388,936
Streets(HURF)Fund 821,082 2,637,542 2,582,799
Engineering 2,357,610 2,142,872 1,898,948
Water Fund 48,740,756 18,144,334 55,707,840
Wastewater Fund 28,002,728 13,038,218 12,880,361
Department Total $ 103,147,689 $ 4,437,595 $ 57.858,319 $ 102,458,884
Field Operations:
Streets(HURF)Fund $ 3,344,784 $ $ 1,378,794 $ 1,300,058
Solid Waste/Transfer Station 10,061,302 8,509,154 9,082,788
Department Total $ 13,406,086 $ $ 9.887,948 $ 10,382,846
* Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the
proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
4/08 SCHEDULE F
1
POSITION ROSTER FY10
I
4 Pos
# Position Description FTE % Pay Grade
12 ADMIN SVCS DIRECTOR 1.0000 open range
433 PURCHASING MANAGER 1.0000 74
ADMINISTRATIVE SERVICES TOTAL 2.0000
4 ACCOUNTING CLERK 1.0000 44
16 MANAGEMENT ANALYST 1.0000 66
23 AIRPORT OP TECH 1.0000 52
24 AIRPORT OP TECH 1.0000 52
251AIRPORT OP TECH 1.0000 52
261AIRPORT OP TECH 1.0000 52
? 331AIRPORT MANAGER 1.0000 77
3141MAINTENANCE SPECIALIST 1.0000 59
AIRPORT TOTAL 8.0000
27 ANIMAL CNTRL OFFICER 1.0000 47
29 ANIMAL CNTRL OFFICER 1.0000 471
30 ANIMAL CNTRL OFFICER 1.0000 47
31 ANIMAL CNTRL SUPV 1.00001 68
ANIMAL CONTROL TOTAL 4.00001
2 ACCOUNTING CLERK 1.00001 44
3 ACCOUNTING TECH 1.00001 53
5 ACCOUNTING CLERK 1.0000 44
7 ACCOUNTING CLERK 1.0000 44
8 ACCOUNTING TECH 1.00001 53
9 ACCOUNTING TECH 1.00001 53
10 ACCOUNTING TECH 1.00001 53
KK 35 ASST FINANCE DIR 1.0000 84
"; 48 BUDGET MANAGER 1.0000 70
70 PRIVILEGE TAX AUDITOR ASSOCIATE 1.0000 60
133 CUSTOMER SVC MNGR 1.0000 70
171 FINANCE DIRECTOR 1.0000 open range
428 PRIVILEGE TAX AUDITR 1.0000 68
429 PRIVILEGE TAX SUPV 1.00001 70
{ 470 ACCOUNTING TECH 1.00001 53
570 UTILITY BILLING SUPERVISOR 1.00001 66
$ 1BUDGET/FINANCE TOTAL 16.00001
50 BUILDING INSPECTOR 1.0000 581
511BLDG INSP/PLANS EXAM 1.0000 68
57 CHIEF BLDG OFFICIAL 1.0000 77
751COMMERCIAL SPECIALST 1.0000 68
3411PERMIT TECHNICIAN 1.0000 50
3471PLANS EXAMINER 1.0000 64
BUILDING INSPECTION TOTAL 6.0000 1
r 144 EQUIPMENT MECHANIC 1.0000 591
146 EQUIPMENT MECHANIC _ 1.0000 591
147 EQUIPMENT MECHANIC 1.0000 591
148 EQUIPMENT MECHANIC 1.0000 591
228 FLEET MAINT SUPV 1.0000 68
229 FLEET MAINT SUPT 1.0000 74
336 PARTS SPECIALIST 1.0000 52
544 SECRETARY 1.0000 44
605 EQUIPMENT MECHANIC 1.0000 591
1
{
CENTRAL GARAGE TOTAL 9.0000
591CITY CLERK 1.0000 open rangel
ti 252 ADMINISTRATIVE ASSISTANT 1.0000 531
CITY CLERK TOTAL 2.00001 1
60 CITY COURT CLERK 0.7500 42
61 CITY COURT CLERK 1.0000 42
62 CITY COURT CLERK 1.0000 42
63 CITY COURT CLERK 1.0000 42
64 CITY COURT CLERK 1.0000 42
459 SENIOR COURT CLERK 1.00001 46
CITY COURT TOTAL 5.7500
41 1DEPUTY CITY MANAGER 1.0000 open range
671CITY MANAGER 1.0000 open range
76 PUBLIC AFFAIRS DIRECTOR 1.0000 75
120 COUNCILMAN 1.0000 N/A
121 COUNCILMAN 1.0000l N/A
122 COUNCILMAN 1.00001 N/A
123 COUNCILMAN 1.00001 N/A
124 COUNCILMAN 1.00001 N/A
125 COUNCILMAN 1.0000 N/A
170 EXECUTIVE ASSISTANT 1.0000 61
241 GRANTS ADMINISTRATOR j 1.0000 64
324 WATER MANAGEMENT ANALYST 1.0000 75
325 MAYOR 1.00001 N/A
432 DEPUTY CITY MANAGER 1.00001 open range
453 PUBLIC AFFAIRS COORDINATOR 1.0000 63
4691SR PROJECT MANAGER 1.0000 85
485 SP EVENTS COORD 1.0000 63
CITY MANAGER TOTAL 17.0000
71 CODE ENFORCEMENT OFF 1.0000 47
549 CODE ENFORCEMENT OFF 1.0000 47
s 550 CODE ENFORCEMNT SUPS 0.0000 68
CODE ENFORCEMENT TOTAL 2.0000
131ADMIN ASSISTANT 1.0000 53
104 COMM DEV DIRECTOR 1.0000 open range
251 HISTORIC PRESERVATION SPECIAL! 0.5000 64
342 PLANNER 1.0000 70
343 PLANNER 1.00001 70
344 PLANNER 1.0000 70
3451PLANNER 1.0000 70
454 ADMIN SPECIALIST 1.0000 52
455 SECRETARY 1.0000 44
579 ASST COMM DEV DIR 1.00001 84
COMMUNITY DEVELOPMENT TOTAL 9.5000
78 COMM SPECIALIST 0.7500 55
80 COMM SPECIALIST 1.0000 55
81 COMM SPECIALIST-trainee 1.0000 53
82 COMM SPECIALIST 1.00001 55
83 COMM SPECIALIST 1.00001 55
841COMM SPECIALIST 1.00001 55
851COMM SPECIALIST 1.0000 55
86 COMM SPECIALIST 1.0000 55
87 COMM SPECIALIST 1.0000 55
88 COMM SPECIALIST 1.0000 55
891COMM SPECIALIST 1.0000 55
90 COMM SPECIALIST 1.0000 55
91 COMM SPECIALIST 1.0000 55
92 COMM SPECIALIST 1.0000 551
94 COMM SPECIALIST 1.0000 551
95 COMM SPECIALIST 1.0000 55
96 COMM SPECIALIST 1.00001 55
97 COMM SPECIALIST 1.0000 55
98 COMM SPECIALIST 1.0000 55
99 COMM SPECIALIST-trainee 1.0000 531
100 COMM SPECIALIST-trainee 1.00001 531
101 COMM SPECIALIST SUPV 1.00001 61
102 COMM SPECIALIST SUPV 1.0000 61
103 COMM SPECIALIST SUPV 1.0000 61
262 IT SPECIALIST 1.0000 01
352 REG COMM DIRECTOR 1.0000 801
556 COMM SPECIALIST 1.0000 551
557 COMM SPECIALIST 1.0000 55
558 COMM SPECIALIST 1.0000 55
559 COMM SPECIALIST SUPV 1.0000 611
564 COMM SPECIALIST SUPV 1.0000 61
600 ADMIN ASSISTANT 1.0000 53
COMMUNICATIONS TOTAL 31.7500 1
109 CONST INSPECTOR 1.0000 581
110 CONST INSPECTOR 1.0000 58
111 CONST INSPECTOR 1.0000 58]
114 CONST INSPECTOR j 1.0000 58
115 CONST INSPECTOR 1.0000 58
117 CONST SVCS SUPERINTENDENT 1.0000 83
323 CONST INSPECTOR 1.0000 58
551 CONST INSPECTOR SUPV 1.0000 671
CONSTRUCTION SERVICES 8.0000
20 ADMIN ASSISTANT 1.0000 531
291 MPO ADMINISTRATOR 1.0000 0
608 CYMPO PROGRAM MANAGER 0.5000 66
CYMPO TOTAL 2.5000 1
140 ECONOMIC DEV DIR 1.0000 open rangel
443 ECONOMIC DEVELOPMENT SPECIAL 1.0000 591
ECONOMIC DEVELOPMENT TOTAL 2.0000
14 DEVELOPMENT COORDINATOR 1.0000 561
55 CAD TECHNICIAN 1.0000 631
s 65 CITY ENGINEER 1.0000 88
119 CONTRACT SPECIALIST 1.0000 61
138 DEVLPMNT SVC MNGR 1.0000 70
339 PERMIT TECHNICIAN 1.0000 501
441 REG LAND SURVEYOR 1.0000 64
460 SR ENG TECHNICIAN 1.0000 70
500 DRAINAGE ENG-CIVIL 1.0000 82
552 CAPITAL PROJECT MANAGER 1.0000 81
569 CAPITAL PROJECT MANAGER 1.0000 81
ENGINEERING 11.0000 1
128 CUSTODIAN 1.0000 35
130 CUSTODIAN 1.0000 35
131 CUSTODIAN 1.0000 351
1
I
i
f
300 FACILITIES MAINT SUP 1.0000 741
307 FACILITIES COORDINATOR 1.0000 52
309 MAINTENANCE TECH 1.0000 52
FACILITIES MAINTENANCE TOTAL 6.0000
17 ADMIN ASSISTANT 1.0000 53
43 BATTALION CHIEF 1.0000 Fire Step Plan
44 FIRE CAPTAIN (ACTING) 1.0000 Fire Step Plan
45 BATTALION CHIEF 1.0000 Fire Step Plan!
46 BATTALION CHIEF 1.0000 Fire Step Plan!
136 DEPUTY FIRE CHIEF 1.0000 88
172 BATTALION CHIEF 1.0000 Fire Step Plan
173 EMERGENCY SERVICES DIRECTOR 1.00001 open range
174 FIRE ENGINEER 1.0000Eire Step Plan
175 FIRE ENGINEER 1.0000 Hire Step Plan
176 FIRE ENGINEER 1.0000Fire Step Plan
177 FIRE ENGINEER 1.0000 Fire Step Plan!
178 FIRE ENGINEER 1.0000 Fire Step Plan
179 FIRE ENGINEER 1.0000 Fire Step Plan
180 FIRE ENGINEER - 1.0000 Fire Step Plan
181 FIRE ENGINEER 1.0000 Hire Step Plan
182 FIRE ENGINEER 1.0000 Hire Step Plan
183 FIRE ENGINEER 1.0000 Fire Step Plan
184 FIRE ENGINEER 1.0000 Fire Step Plan
185 FIRE ENGINEER 1.0000Fire Step Plan
186 FIRE ENGINEER 1.0000 Fire Step Plan!
187 FIRE ENGINEER 1.0000 Fire Step Plan!
188 FIRE ENGINEER 1.0000 Fire Step Plan
189 FIRE CAPTAIN 1.0000:ire Step Plan
190 FIRE CAPTAIN 1.0000=ire Step Plan
191 FIRE CAPTAIN 1.0000Fire Step Plan]
192 FIRE CAPTAIN 1.0000 Fire Step Plan!
193 FIRE CAPTAIN 1.0000 Fire Step Plan!
194 FIRE CAPTAIN 1.0000Eire Step Plan
195 FIRE CAPTAIN 1.0000 Hire Step Plan
196 FIRE CAPTAIN 1.0000 Hire Step Plan
197 FIRE CAPTAIN 1.0000 Fire Step Plan
198 FIRE CAPTAIN 1.0000 Fire Step Plan
199 FIRE CAPTAIN 1.0000 Fire Step Plan!
200 FIRE CAPTAIN 1.0000 Fire Step Plan]
201 FIRE CAPTAIN 1.0000 Fire Step Plant
202 FIRE CAPTAIN 1.0000 Eire Step Plan!
203 PLANS EXAMINER 1.0000 64
204 FIRE INSPECTOR 1.0000 58
205 FIRE MARSHAL/DIV CHF _ 1.0000 85
206 FIREFIGHTER 1.0000Fire Step Plan
207 FIREFIGHTER 1.0000 Fire Step Plan
208 FIREFIGHTER 1.0000 Hire Step Plan
209 FIREFIGHTER 1.0000 Fire Step Plan
210 FIREFIGHTER 1.0000Fire Step Plan
211 FIREFIGHTER 1.0000 Fire Step Plan
212 FIREFIGHTER 1.0000 Hire Step Plan'
213 FIREFIGHTER 1.0000 Hire Step Plan
214 FIREFIGHTER 1.0000 Fire Step Plan
215 FIREFIGHTER 1.0000 Eire Step Plan
216 FIREFIGHTER 1.0000 Fire Step Plan
217 WILDLAND CAPTAIN 1.0000 621
218 FIREFIGHTER 1.0000Hire Step Plan
219 FIREFIGHTER 1.0000 Hire Step Plan
220 FIREFIGHTER 1.0000hre Step Plan
221 FIREFIGHTER 1.0000Hire Step Plan
222 FIREFIGHTER 1.0000 Hire Step Plan
223 FIREFIGHTER 1.0000Hire Step Plan
224 FIREFIGHTER 1.0000 Hire Step Plan!
225 FIREFIGHTER 1.0000Hire Step Plan1
226 FIREFIGHTER 1.0000 Hire Step Plan1
227 FIREFIGHTER 1.0000 Hire Step Plan
2301WILDLAND CREW SUPV 1.0000 68
231 CODE ENFORCEMENT OFF 1.0000 47
232 SQUAD BOSS 1.0000 54
233 SQUAD BOSS 1.0000 54
234 FUEL TECH/WW FF 1.0000 45
236 I FUEL TECH/WW FF 1.0000 45
237 FUEL TECH/WW FF 1.00001 45
238 SQUAD BOSS 1.0000 54
451 SECRETARY j 1.0000 441
468 FIRE PREVENTION AIDE 1.0000 44
536 WILDLAND DIV CHIEF 1.0000 78
597 FIRE ENGINEER 1.0000Hire Step Plan
598 FIRE ENGINEER 1.0000Hire Step Plan
599 FIRE ENGINEER 1.0000 Eire Step Rani
FIRE TOTAL 76.0000
36 PRO SHOP MNGR/TOUR DIR-BUYER 1.0000 60
239 GOLF MANAGER 1.0000 82
1 242 GREENS SUPT 1.0000 741
244 GREENSKEEPER 1.00001 41
245IGREENSKEEPER 1.0000 411
247 GREENSKEEPER 1.00001 41
248 GREENSKEEPER 1.0000 41
249 IRRIGATION TECH - 1.0000 _ 52
250 EQUIPMENT MECHANIC 1.0000 59
296 2ND ASST GREENS SUPT 1.0000 58
305 IRRIGATION TECH 1.0000 52
578 ASST GREENS SUPT 1.0000 64,
GOLF COURSE TOTAL 12.00001
= 601 SOUS CHEF 1.0000 46
602 ASSISTANT MANAGER 1.0000 46
603 RESTAURANT MANAGER 1.0000 60
604 CHEF 1.0000 681
GOLF COURSE RESTAURANT TOTAu 4.0000
47 BENEFITS SPECIALIST 1.0000 58
253 HR ANALYST 1.00001 68
2541HR DIRECTOR 1.0000 open range
337IPAYROLL SPECIALIST 1.00001 68
HUMAN RESOURCES TOTAL 4.0000
32 APP MNGR/GIS COORD 1.0000 75
235 GIS SPECIALIST 1.0000 0
240 IT SPECIALIST 1.0000 0
r 256lIT SPECIALIST 1.0000 0
1 257 IT SPECIALIST 1.0000 0
•
•
258 IT SPECIALIST 1.0000 0
259 IT SPECIALIST 1.0000 0
260 HELP DESK MANAGER 1.0000 70
263 IT TECHNICIAN 1.0000 531
330 IT MANAGER 1.0000 841
546 NETWORK ENGINEER 1.0000 70
IT TOTAL 11.0000 1
54 OFFICE MANAGER 1.0000 58
56 CHIEF ASST CITY ATTY 1.0000 88
58 CITY ATTORNEY 1.0000 open range
68 CITY PROSECUTOR 1.0000 881
137 DETECTIVE 1.0000 621
269 LEGAL SECRETARY 0.50001 511
270 LEGAL SECRETARY 1.00001 511
331 PARALEGAL 1.0000 _ 57
442 I LEGAL ASSISTANT 1.0000 57
458 SR ASSIST CITY ATTY 1.0000 84
555 RISK MANAGEMENT TECH 1.0000 571
596 RISK MANAGER 1.0000 741
LEGAL TOTAL 11.5000
38 ASST LIBRARY DIR 1.00001 74
53 BUSINESS MANAGER 1.00001 58
132 CUSTODIAN 1.0000 35
267 1 LEAD LIBRARIAN 1.0000 65
268 LEAD LIBRARIAN 1.0000 65
271 LIBRARIAN 1.0000 61
272 LIBRARIAN 1.0000 61
273 LIBRARIAN 1.0000 61
274 LIBRARIAN 1.00001 61
275 LIBRARIAN 1.0000 61
276 LIBRARIAN 1.0000 61
• 277 LIBRARIAN 1.0000 59
278 LIBRARIAN 1.0000 61
280 LIBRARY ASSISTANT 0.5000 45
281 LIBRARY ASSISTANT 1.00001 45
• 282 LIBRARY ASSISTANT 1.0000 45
• 283 I LIBRARY ASSISTANT 0.5000 _ 45
•
284 LIBRARY ASSISTANT 1.0000 45
285 LIBRARY ASSISTANT - 1.0000 45
286 LIBRARY ASSISTANT _ 1.0000 45
287 LIBRARY DIRECTOR 1.0000 82
288 LIBRARY NETWORK MGR 1.0000 70
289 LIBRARY SPECIALIST 1.0000 51
290 LIBRARY SPECIALIST 1.0000 51
306 MAINTENANCE TECH 1.00001 52
444 SECRETARY 1.0000 44
572 LIBRARY ASSISTANT 0.5000 45
573 LIBRARY ASSISTANT 0.5000 45
574 LIBRARY SPECIALIST 1.0000 51
LIBRARY TOTAL 27.0000
I 134 METERING SVCS SUPV 1.00001 54
I 3261 METER READER 1.00001 43
327 METER READER 1.00001 43
fi
I 328 METER READER 1.0000 43
METERING SERVICES TOTAL 1 4.0000
18 ADMIN ASSISTANT 0,0000 631
149 EQUIPMENT MECHANIC 1.0000 59
264 LNDSCP COORDINATOR 1.00001 601
265 MAINTENANCE TECH 1.0000 52
266 MAINTENANCE WORKER 1.0000 41
302 MAINTENANCE TECH 1.0000 52
304 MAINTENANCE TECH 1.0000 52
308 MAINTENANCE TECH 1.00001 52
310 MAINTENANCE WORKER 1.0000 41
313 MAINTENANCE WORKER 1.00001 41
333 1 PARKS REGIONAL COORDINATOR 1.0000 62
334 PARKS REGIONAL COORDINATOR 1.0000 62
335 PARKS SECURITY RGR 1.0000 51
435 RECREATION COORD 1.0000 63
436 RECREATION LEADER 0.5000 41
437 RECREATION LEADER 0.5000 41
438 PRK/REC/LIB DIRECTOR 1.00001 open range)
440 1 RECREATION SUPV 1.0000 681
446 SECRETARY 1.00001 441
488 SUPT LAKE/ PARKS 1.0000 74
498 PARKS MAINT SUPT 1.0000 741
499 TURF & IRR COORD 1.00001 57
1 PARKS&RECREATION TOTAL 20.0000
15 ADMIN ASSISTANT 1.00001 53
401DEPUTY CHIEF OF POLICE 1.0000 88
105 PUBLIC SAFETY SPECIALIST 0.5000 491
1061PUBLIC SAFETY SPECIALIST 0.7500 49
107 COMM SV WRKR MONITOR 1.0000 441
108 COMM SV WRKR MONITOR 1.0000 44
127 CRIME PREV SPECIALIST 0.5000 49
332 PARKING CNTRL MONITOR 1.0000 47
349 POLICE CHIEF 1.0000 open range
350 POLICE LIEUTENANT 1.00001lice Step Plan
t I 351 POLICE LIEUTENANT 1.0000 lice Step Plan
353 POLICE SERGEANT 1.0000 lice Step Plan
354 POLICE OFFICER 1.00001lice Step Plan
355 POLICE OFFICER 1.0000 lice Step Plan
356 POLICE OFFICER 1.00001lice Step Plant
357 POLICE OFFICER 1.0000 lice Step Plan
358 POLICE OFFICER 1.00001lice Step Plan
359 POLICE OFFICER 1.0000 lice Step Plan
361 POLICE OFFICER 1.00001lice Step Plan
3631POLICE OFFICER 1.0000 lice Step Plan
364 POLICE OFFICER 1.0000 lice Step Plan
., 365 POLICE OFFICER 1.00001lice Step Plan
366 POLICE OFFICER _ 1.0000 lice Step Plan
1
367 POLICE OFFICER 1.00001lice Step Plan
368 POLICE OFFICER 1.0000 lice Step Plan
369 POLICE OFFICER 1.00001lice Step Plan'
370 POLICE OFFICER 1.0000 lice Step Plan
371 POLICE OFFICER 1.0000 lice Step Plan
372 POLICE OFFICER 1.0000 lice Step Plan
373 POLICE OFFICER 1.0000 lice Step Plan
374 POLICE OFFICER 1.0000 lice Step Plan,
MEW
3751POLICE OFFICER 1.0000 lice Step Plant
376 POLICE OFFICER 1.0000 lice Step Plan]
377 POLICE OFFICER 1.0000 lice Step Plan'
378 POLICE OFFICER 1.0000 lice Step Plan!
379 POLICE OFFICER 1.0000 lice Step Plant
380 POLICE OFFICER 1.0000 lice Step Plant
381 POLICE OFFICER 1.0000 lice Step Plan
382 POLICE OFFICER 1.0000 lice Step Plan
383 POLICE OFFICER 1.0000 lice Step Plan'
384 POLICE SERGEANT 1.0000 lice Step Plan
385 POLICE OFFICER 1.0000 lice Step Plan
386 POLICE OFFICER 1.0000 lice Step Plan
387 POLICE OFFICER 1.0000 lice Step Plan
388 POLICE OFFICER 1.0000 lice Step Plan
389 POLICE OFFICER 1.0000 lice Step Plan
390 POLICE OFFICER 1.0000 lice Step Plan
391 POLICE OFFICER 1.0000 lice Step Plan
392 POLICE OFFICER 1.0000 Mice Step Plan
393 POLICE OFFICER 1.0000 lice Step Plan
394 POLICE OFFICER 1.0000 lice Step Plan
395 POLICE OFFICER 1.0000 lice Step Plan
396 POLICE OFFICER 1.0000 lice Step Plan
397 POLICE OFFICER 1.0000 lice Step Plan
.'' 398 POLICE OFFICER 1.0000 lice Step Plan
400 POLICE OFFICER 1.0000 lice Step Plan
401 POLICE OFFICER 1.0000 lice Step Plan
402 POLICE OFFICER 1.0000 lice Step Plan
403 POLICE OFFICER 1.0000 lice Step Plan
404 POLICE OFFICER 1.0000 lice Step Plan
405 POLICE OFFICER 1.0000 lice Step Plan
406 POLICE OFFICER 1.0000 lice Step Plan
407 POLICE OFFICER 1.0000 lice Step Plan
408 POLICE OFFICER 1.0000 lice Step Plan
409 POLICE OFFICER 1.0000 lice Step Plan
410 POLICE RECORDS CLERK 1.0000 51
411 POLICE RECORDS CLERK 1.0000 51
413 POLICE RECORDS CLERK 1.0000 51
415 POLICE RECORDS CLERK 1.0000 51
416 POLICE RECORDS SPVR _ 1.0000 68
417 POLICE RSRCH ANALYST 1.0000 62
418 POLICE SERGEANT 1.0000 lice Step Plan
419 POLICE LIEUTENANT 1.0000 lice Step Plan
420 POLICE SERGEANT 1.0000 lice Step Plan
421 POLICE SERGEANT 1.0000 lice Step Plant
422 POLICE SERGEANT 1.0000 lice Step Plan
423 POLICE SERGEANT 1.0000 lice Step Plan
424 POLICE SERGEANT 1.0000 lice Step Plan
425 POLICE SERGEANT 1.0000 lice Step Plan
426 POLICE SERGEANT 1.0000 lice Step Plan
430 PROP&EVIDENCE TECH 1.0000 _ 51
f 431 PROP&EVIDENCE TECH 1.0000 51
448 SECRETARY 1.0000 441
449 SECRETARY 0.5000 441
4521SECRETARY 0.5000 441
560 POLICE OFFICER 1.0000 lice Step Plan,
5611POLICE OFFICER 1.0000 lice Step Plan
5621POLICE OFFICER 1.00001Iice Step Plan
563 1 POLICE OFFICER 1.0000 lice Step Plan
565 1 POLICE RECORDS CLERK 1.0000 51
POLICE TOTAL 87.7500
19 ADMIN ASSISTANT 1.0000 53
69 CITY UTILITIES ENG 1.0000 88
116 CAPITAL PROJECT MNGR 1.0000 81
118 CONTRACT SPECIALIST 1.0000 61
142 PUBLIC WORKS DIRECTOR 1.0000 open range
526 WATER CONV COORD 1.0000 66
553 CIVIL ENGINEER 1.0000 82
566 SECRETARY 1.0000 44
567 CAPITAL PROJECTS MANAGER 1.0000 81
568 SR ENG TECHNICIAN 1.0000 70
571 CAPITAL PROGRAM MANAGER 1.0000 86
} PUBLIC WORKS TOTAL 11.00001
6 ACCOUNTING CLERK 1.00001 44
11 ACCOUNTING TECH 1.00001 53
73 COMM EQUIP OPERATOR 1.0000 54
74 COMM EQUIP OPERATOR 1.0000 54
139 FIELD OPS SUPERVISOR 1.0000 68
159 EQUIPMENT OPERATOR 1.0000 52
160 EQUIPMENT OPERATOR 1.0000 52
161 EQUIPMENT OPERATOR 1.0000 52
162 EQUIPMENT OPERATOR 1.0000 52
255 COMM EQUIP OPERATOR 1.0000 54
292 MAINTENANCE SPCLST 1.0000 59
462 SR EQUIP OPERATOR 1.0000 56
465 SR EQUIP OPERATOR 1.0000 56
466 SR EQUIP OPERATOR 1.0000 56
467 SR EQUIP OPERATOR 1.0000 56
482 FIELD OPS SUPERVISOR 1.0000 68
483 FIELD OPS MANAGER 1.0000 open range
484 FIELD OPS SUPERINTENDENT 1.0000 77
540 COMM EQUIP OPERATOR 1.0000 54
575 EQUIPMENT OPERATOR 1.0000 52
576 EQUIPMENT OPERATOR 1.0000 52
589 EQUIPMENT OPERATOR 1.0000 52
590 EQUIPMENT OPERATOR 1.0000 52
592 EQUIPMENT OPERATOR 1.0000 52
593 EQUIPMENT OPERATOR 1.00001 52
607 ACCOUNTING CLERK 1.00001 44
SOLID WASTE TOTAL 26.0000 1
150 EQUIPMENT OPERATOR 1.00001 521
151 EQUIPMENT OPERATOR 1.00001 52
152 EQUIPMENT OPERATOR 1.0000 52
153 EQUIPMENT OPERATOR 1.0000 521
155 EQUIPMENT OPERATOR 1.0000 521
156 EQUIPMENT OPERATOR 1.0000 521
157 EQUIPMENT OPERATOR 1.0000 521
158 EQUIPMENT OPERATOR 1.0000 521
295 MAINTENANCE SPCLST 1.0000 591
316 MAINTENANCE TECH 1.0000 52
318 MAINTENANCE WORKER 1.0000 41
3191SR EQUIP OPERATOR 1.00001 56
320IMAINTENANCE WORKER 1.0000 41
321 MAINTENANCE WORKER 1.0000 41
322 MAINTENANCE WORKER 1.0000 411
457 ADMIN ASSISTANT 1.0000 581
461 SR EQUIP OPERATOR 1.0000 561
464 SR EQUIP OPERATOR 1.0000 561
486 FIELD OPS SUPERINTENDENT 1.0000 771
487 FIELD OPS SUPERVISOR 1.0000 68
490 TRAFFIC CNTRL WORKER 1.0000 53
491 TRAFFIC CNTRL WORKER 1.0000 53
492 TRAFFIC CNTRL SUPERVISOR 1.0000 64
541 FIELD OPS SUPERVISOR 1.0000 68
591 EQUIPMENT OPERATOR 1.0000 521
594IEQUIPMENT OPERATOR 1.0000 521
595 EQUIPMENT OPERATOR j 1.0000 521
STREETS TOTAL 27.0000
493 TRAFFIC ENGINEER 1.0000 88
494 TRAFFIC ENG TECHN 1.0000 63
495 TRAFFIC SIGNAL SPCL 1.0000 61
496 TRAFFIC SIGNAL SPCL 1.00001 61
497 TRAFFIC SIGNAL SUPV 1.00001 70
TRANSPORTATION SERVICES TOTA 5.00001
1 ADMIN SPECIALIST 1.0000 52
299 MAINTENANCE SPCLST 1.0000 59
476 SR UTILITY WRKR 1.0000 52
477 SR UTILITY WRKR 1.0000 52
478 SR UTILITY WRKR 1.0000 52
479ISR UTILITY WRKR 1.0000 52
480ISR UTILITY WRKR 1.0000 52
501 UTILITIES OP MANAGER 1.0000 86
510 UTILITY WORKER 1.0000 48
511 UTILITY WORKER 1.0000 48
512 UTILITY WORKER 1.0000 48
513 UTILITY WORKER 1.0000 48
514 UTILITY WORKER 1.0000 48
515 UTILITY WORKER 1.0000 48
516 WW COLLECTION SUPV 1.0000 68
517 WASTEWATER SUPT 1.0000 77
606 WATER PROTECTION SPECIALIST 1.0000 59
WASTEWATER COLLECTION TOTAL 17.0000
298 MAINTENANCE SPCLST 1.0000 59
518 WW TREAT PLANT OP 1.0000 59
519 WW TREAT PLANT OP 1.0000 59
520 WW TREAT PLANT OP 1.0000 59
521 WW TREAT PLANT OP 1.0000 59
522 WW TREAT PLANT OP 1.0000 59
523 WW TREAT PLANT OP 1.0000 59
524 I WW TREAT PLANT OP 1.0000 59
525 I WW TREAT PLANT OP 1.0000 59
532 WATER OPERATOR 1.0000 56
537 WWTP LAB TECH/REL OP 1.0000 59
538 WWTP OP SUPERVISOR 1.0000 70
5
539IWWTP OP SUPERVISOR 1.0000 701
(WASTEWATER TREATMENT TOTAL 13.00001
297I MAINTENANCE SPCLST 1.0000 59
456 SECRETARY 1.0000 44
471 SR UTILITY WRKR 1.0000 52
472 SR UTILITY WRKR 1.0000 52
473 SR UTILITY WRKR 1.0000 52
474 SR UTILITY WRKR 1.0000 52
475 SR UTILITY WRKR 1.0000 52
502 UTILITY WORKER 1.0000 48
504 UTILITY WORKER 1.00001 48
505 UTILITY WORKER 1.00001 48
506 UTILITY WORKER 1.00001 48
507 UTILITY WORKER j 1.0000 48
508 UTILITY WORKER j 1.0000 48
509 UTILITY WORKER 1.0000 481
535 WATER SUPERINTENDENT 1.0000 771
WATER DISTRIBUTION TOTAL 15.0000
527 WATER DIST SUPV 1.0000 68
528 WATER OPERATOR 1.0000 56
529 WATER OPERATOR 1.0000 56
530 WATER OPERATOR 1.0000 j 56
531 WATER OPERATOR 1.0000 j 56
533 WATER PROD SUPV 1.0000 68
534 WATER QUAL TECHN 1.0000 j 56
(WATER PRODUCTION TOTAL 7.0000
FY10 TOTAL FTE'S 520.7500
3
Unfunded Capital -Summary
Project Description FY2010
General Government
Environmental Insurance 209,000
Total General Government 209,000
Finance/Information Technology
E-Mail Archiving System 75,000
Total Finance/IT 75,000
Parks. Recreation & Library
Ken Lindley Wall 200,000
Play Area Surfacing 163,000
Total Parks, Recreation & Library 363,000
Regional Communications
Alarm Monitoring 41,265
Total Regional Communications 41,265
}
3