Rotation #5: Legal (civil)

My fifth rotation was spent in the civil legal department with Frank Cassidy, the town attorney. We talked about a wide variety of subjects, including property, finances and intergovernmental relationships. As a relatively young town, property (acquiring property, working with developers) is a large part of Marana's proceedings. Frank Cassidy serves as a contact person for all cases regarding the Town of Marana, but he more specifically deals with contract lawsuits and land purchasing for pojects.

Meeting regarding Designated Planning Agencies

Frank had a meeting regarding the implications of the Town being identified as a Designated Management Agency. Under Section 208 of the Clean Water Act, Designated Mangement Agencies must be identified in order to determine how sewage is treated. The Pima  (PAG) and the Central Arizona (CAAG)Association of Governments are Designated Planning Agencies that must adopt a plan about how sewage in their areas should be treated, and recommend Designated Management Agencies to the governor. Needless to say it's a complex process, but an important part in Marana's future.

Current Property Projects

Coding is an interesting aspect of property law. Typically, government wants any building or property they own to meet with current codes. For example, town code may specify that a house must be 15 feet away from the street. New developments go up for the next few years adhering to this code. But five years later, the code changes, and now the house must be 25 feet away from the street.



That's a lot of feet.

Does this now mean that all the development must be torn down and rebuilt to fit the new codes? Not necessarily. In many cases, buildings can be grandfathered in. However, when a property goes through a change of use, or a rezoning, it should be updated to the current code.

Another prevalent topic is zombie subdivisions.

 No not that kind.



This kind

In the wake of the recession, a countless number of developments had to be abandoned. Many even had homes built in them, but were soon demolished. What is left behind is a sad shadow of what could have been. Frank is currently working on a discussion he will be having regarding this very issue, and how it can be dealt with. In some cases, these developments can be picked up by another company. However, much relies on time.

Finances

When asked about his involvement in finances, Frank told me about Community Facilities Districts and Improvement Districts. Both are special districts that are supported by bonds that are in-turn supported by a property tax. Currently Marana uses General Obligation bonds, but current debates have been brought up regarding the benefits (and costs) of using Assessment bonds as well.  The biggest concern is the fluctuation of the assessed valuation of the property, and how this will effect the bonds. With general obligation bonds, Marana can control the flow of bond proceeds in order to keep the tax level. While assessment bond payments are predictable, tax rates may be higher as a result. When asked what bond structure he preferred, Frank said he would favor a modified general obligation bond that maintains the property tax level at $2.80 per $100, and can't increase more than 5% a year (important note to make: the Town of Marana does not have a property tax, but a special district can).

Some interesting information I learned

• In Marana, an improvement district can be disputed by a community if 50% of the community members choose to petition against it. In contrast, Pima County can establish an improvement district if 50% of the community members choose to support it. 
• If you live in a university area and charge people to park their cars in your front lawn during a football game, you are actually in violation of zoning codes, since your single-family home was never intended to be a parking lot.

Huge thanks to Frank for spending the day with me and answering all my questions.