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ORDINANCE NO. 979
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF WICKENBURG, COUNTY OF MARICOPA, STATE OF ARIZONA,
AMENDING THE CODE OF THE TOWN OF WICKENBURG, CHAPTER 2
MAYOR _AND COUNCIL, BY AMENDING ARTICLE 2-7 ANNEXATION
POLICY, BY AMENDING SECTION 2-7-4 RESIDENTIAL RURAL ROAD
IMPROVEMENT STANDARD AND RENAMING SUCH SECTION AS “ROAD
DEDICATION REQUIREMENTS”; AND AMENDING CHAPTER 8 BUILDING,
ARTICLE 8-3 STREET IMPROVEMENTS BY ADDING NEW SECTION 8-3-9
DEDICATION AND ACCEPTANCE OF PRIVATE ROADS TO SET FORTH
THE REQUIREMENTS FOR DEDICATION AND ACCEPTANCE OF PRIVATE
ROADS INTO THE TOWN’S STREET SYSTEM; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR PENALTIES
WHEREAS, during recent annexations, the Town has been challenged with the addition of many
new roadways within the Town limits that were not built to any of the Town’s standards; and,
WHEREAS, there exist in the Town many private roads that may in the future be dedicated to the
Town; and
WHEREAS, the Town has no written standards or policy to address the acceptance of new roads
into the Town's streets system, which has created confusion and frustation on the part of both staff and affected
property owners; and,
WHEREAS, on March 5, 2007, the Common Council directed staff to establish a Road Dedication
Process and Policy for newly annexed territory.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Common Council of the Town of
Wickenburg, County of Maricopa, State of Arizona, as follows:
SECTION |. In General.
The Wickenburg Town Code, Chapter 2 Mayor and Council, Article 2-7 Annexation Policy is
hereby amended by amending Section 2-7-4 Residential Rural Road Improvement Standard to read as follows:
ARTICLE 2-7 ANNEXATION POLICY
Ordinance No. 979
Page 2 of 4
SECTION 2-7-4 ROAD DEDICATION REQUIREMENTS
DEDICATION OF PRIVATE ROADS IN NEWLY-ANNEXED TERRITORY WILL BE ACCEPTED
INTO THE TOWN'S STREETS AND ROADS SYSTEM IN COMPLIANCE WITH SECTION 8-3-9
OF THIS CODE.
The Wickenburg Town Code, Chapter 8 Building, Article 8-3 Street limprovements, is hereby
amended by adding Section 8-3-9 Dedication and Acceptance of Private Roads to read as follows:
SECTION 8-3-9 DEDICATION AND ACCEPTANCE OF PRIVATE ROADS
THIS SECTION SETS FORTH TOWN REQUIREMENTS FOR ACCEPTANCE OF PRIVATE
ROADWAYS INTO THE TOWN’S STREET AND ROAD SYSTEM.
|. A WRITTEN REQUEST SHALL BE FILED WITH THE PUBLIC WORKS DIRECTOR
IDENTIFYING THE PRIVATE ROADWAY PROPOSED TO BE ACCEPTED INTO THE TOWN'S
STREET AND ROAD SYSTEM. THE PUBLIC WORKS DIRECTOR SHALL REVIEW THE
REQUEST DETERMINE WHETHER THE PRIVATE ROADWAY SHALL BE ACCEPTED.
2. IF THE DIRECTOR OF PUBLIC WORKS DETERMINES THAT THE PRIVATE
ROADWAY SHOULD BE ACCEPTED INTO THE TOWN’S STREET AND ROAD SYSTEM, THE
TOWN WILL PAY THE COST OF HIRING A SURVEYOR TO PREPARE THE LEGAL
DESCRIPTION FOR THE PROPOSED PUBLIC RIGHT-OF-WAY AND THE COST OF ANY
REQUIRED TITLE SEARCH TO ESTABLISH OWNERSHIP OF SAID RIGHT-OF-WAY.
3. ALL OWNERS OF PROPERTY ADJACENT TO THE PROPOSED RIGHT-OF-WAY
SHALL DEDICATE THE RIGHT-OF-WAY TO THE TOWN AT NO COST TO THE TOWN.
THE RIGHT-OF-WAY DEDICATION SHALL BE IN FEE SIMPLE AND SHALL INCLUDE ANY
UTILITY EASEMENTS REQUIRED BY THE TOWN.
4. UPON COMPLETION OF STEPS 2 AND 3 ABOVE, THE TOWN WILL BEGIN ROAD
GRADING TO UPGRADE THE CONDITION OF THE ROAD.
5. ANY PHASES OF ADDITIONAL ROADWAY IMPROVEMENTS INCLUDING, BUT
NOT LIMITED TO CHIPSEAL, DOUBLE CHIPSEAL, OR HOT MIX ASPHALT SURFACING
SHALL BE REVIEWED BY THE PUBLIC WORKS DIRECTOR AND FINAL DETERMINATION
SHALL BE MADE BY THE WICKENBURG COMMON COUNCIL.
6. ANY ADDITIONAL PHASES OF ROADWAY IMPROVEMENTS SHALL REQUIRE A
WRITTEN AGREEMENT BETWEEN THE TOWN AND ADJACENT PROPERTY OWNERS
WHO WILL BE RESPONSIBLE FOR PAYING THE COST OF SAID ADDITIONAL
IMPROVEMENTS SETTING FORTH THE TERMS AND CONDITIONS OF PAYMENT FOR
DESIGN AND CONSTRUCTION OF THE IMPROVEMENTS. DESIGN AND CONSTRUCTION
SHALL NOT BEGIN UNTIL 100% OF THE ESTIMATED COST OF DESIGN AND
CONSTRUCTION OF THE ROADWAY |S DEPOSITED WITH THE TOWN, AS DETERMINED
Ordinance No. 979
Page 3 of 4
BY THE PUBLIC WORKS DIRECTOR. THE DEPOSIT FOR THE DESIGN AND
CONSTRUCTION OF THE ROADWAY SHALL BE PLACED IN A SPECIAL ACCOUNT AND
USED ONLY FOR SUCH PURPOSES. IF THE ACTUAL COST OF DESIGN AND
CONSTRUCTION IS GREATER THAN THE ESTIMATED COST, THE PROPERTY OWNERS
WHO ARE PARTIES TO THE AGREEMENT SHALL PAY SUCH ADDITIONAL COST. IF THE
ACTUAL COSTS OF DESIGN AND CONSTRUCTION IF LESS THAN THE ESTIMATED COST,
THE TOWN SHALL REFUND THE BALANCE OF THE DEPOSIT TO THE PROPERTY
OWNERS IN PROPORTION TO THE AMOUNT THEY DEPOSITED.
7. ANY AND ALL UTILITY IMPROVEMENTS WILL BE CONSIDERED AT A FUTURE DATE;
HOWEVER, THE PROPOSED RIGHT-OF-WAY SHALL ALLOW FOR FUTURE UTILITY NEEDS
AS SET FORTH IN PARAGRAPH 3.
SECTION Il. Repeal of Conflicting Ordinances
All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part
of the Code adopted herein by reference are hereby repealed.
SECTION Ill. Severability Clause
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
SECTION IV. Penalties Clause
Any person found guilty of violating any provision of this Ordinance shall be subject to the
violations and penalty provisions of Section |-8 of the Wickenburg Town Code.
PASSED, APPROVED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF WICKENBURG, STATE OF ARIZONA, ON THIS. fiw DAY OF p< ( 2006.
R.R. BADOWSKI, MAYOR
Date Signed: 4/23)0 7
ATTEST:
Donna Riffel, Town Clerk ( U Date Signed: Nia 3/0 /
APPROVED AS TO FORM:
Curtis, Goodwin, Sullivan, Udall & Schwab, PLC
Ordinance No. 979
Page 4 of 4
By: Su sen Eroad Ley
Number of Councilmembers Present: 7
Number of Votes For:_ ]
Number of Votes Against: 6
Number of Abstentions: ie)
CERTIFICATION
|, Donna Riffel, the duly appointed and qualified Town Clerk of the Town of Wickenburg, an Arizona Corporation, do hereby Certify
that the foregoing Ordinance Number 979 was duly passed, approved and adopted by the Common Council of the Town of Wickenburg.
Arizona, at a regular meeting held on the \\io day of Cx { wil 2007, and that a quorum was present at the meeting.
Donna Riffel, yen Clerk
FAL | 2\Ordinances\Road Annex-Dedication 979 SG 4-1-07.doc