HomeMy WebLinkAboutResolution 2005-073 IGA with pima county for regulation of public property code compliance MARANA RESOLUTION NO. 2005-73
RELATING TO BUII.,DING CODES; APPROVING AND AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR TF~ REGULA-
TION OF PUBLIC PROPERTY REGARDING CODE COMPLIANCE FOR PUBLIC BiJILD-
INGS.
WHEREAS, the Town of Marana and Pima County desire to extend an intergovernmental
agreement for regulation of public property within each other's jurisdictional territory dated Jan -
uary 2, 2001; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to extend this agreement.
NOW, THEREFORE, BE IT RES4LVED BY T~-~E MAYOR AND COUNCIL OF THE
TOWN OF M[ARANA, that the intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as E~ibit A is hereby ap-
proved, and the Mayor is hereby authorized to execute an intergovernmental agreement in substan-
tially the same form as the attached Exhibit A for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to cany out the terms, obliga-
tions, and objectives of the aforementioned intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 21 st day of June, 2005.
Mayor d Honea
ATTEST:
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APPROVE AS TO FORM:
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~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13193
RECORDED BY: CDD PAGE: 1322
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TOWN OF MARP,NA ~N \ ,b AAG 15 : 02
ATTN : TOWN CLERK IZO~Q'
11555 W CIVIC CENTER DR M~+IL
MARAAIA AZ 85653 AMOUNT PAID $ 11.00
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AMENDMENT EXTENDING INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
FOR
REGULATION OF PUBLIC PROPERTY WITHIN EACH OTHER'S
.TURISDICTIONAL TERRITORY
This INTERGOVERNMENTAL AGREEMENT is entered into pursuant to A.R.S. § 11-952 by
~ and between P~1viA Cov1vTY, a body politic and corporate of the State of Arizona, (the "County"),
and the ToWN OF MARANA, an Arizona municipal corporation, (the "Town") for the purpose of
regulating public property within each other's jurisdictional territory.
RECITALS
A. The Town and the County entered into an intergovernmental agreement for regulation of
public property within each other's jurisdictional territory dated January 2, 2001 (the "Original
Agreement").
B. Execution of the Original Agreement by the County was authorized by the Pima County
Board of Supervisors through the adoption of Pima County Resolution No. 2001-2, adopted
January 2, 2001, and recorded at Docket 11458, page 326, Pima County Recorder's Office.
C. Execution of the Original Agreement by the Town was authorized by the Mayor and
Council of the Town of Marana by the adoption of Town of Marana Resolution No. 2000-112,
adopted October 17, 2000, and recorded at Docket 11408, page 653, Pima County Recorder's ~
Office. ' ~
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D. The Original Agreement expires by its own terms on June 30, 2005, but provides for
written extensions for up to four additional five-year periods by written amendment executed by
the County and the Town.
E. The County and the Town desire to extend the Original Agreement for an additional five-
year period.
F. The Town's offices have moved, requiring a change in the delivery address for notices to
the Town.
AGREEMENT
Now, TxExEFORE, the County and the Town do hereby mutually agree as follows:
1. The Original Agreement is extended for five years, terminating on June 30, 2010, unless
s~oner terr.linate~ or further extended pursuant to the provisions of the Original Agreement.
2. Paragraph 10 of the Original Agreement is hereby amended to provide that the Town's
address for purposes of notices and filings shall be as follows:
{00000876.DOC - 1- 6/7/2005 4:42 PM FJC
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Town of Marana
Town Manager
11555 W. Civic Center Drive Bldg A3
Marana AZ 85653.
3. All other terms and provisions of the Original Agreement shall continue in full force and
effect and are incorporated by reference in this Amendment.
IN w~TNESS wxExEOF, County has caused this IGA to be executed by the Chair of its
Board of Supervisors upon resolution of the Board and attested to by the Clerk of the Board, and
the Town has caused this IGA to be executed by the Mayor upon resolution of the Mayor and
Council and attested to by its Clerk.
THE TOWN: THE COUNTY:
TOWN OF MARANA, an Arizona municipal P~1viA Cot11vTY, a political subdivision of the
corporation State of Arizona
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By: By:
Ed Honea, Mayor , ChairM,qN ~.L1A5
` Board of Supervisors ~~T Q 2 2~~7
Date: . ~ ~ Date:
ATTEST: ATTEST: '
oc yn C. nson, Clerk Lori Godoshian, Clerk of the Boar~l
ATTORNEY CERTIFICATION
The undersigned attorneys for the Town of Marana and Pima County have determined, each as to
their respective client only, that this intergovernmental agreement is in proper form and is within
the powers nd auth rity granted under Arizona law to the Town of Marana and Pima County.
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AMEND~IgNT NC,
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Intergovernmental Agreement
between
Piuia Caunty and tl~e Tawn uf Marana
for
Re~lation of Publlc Property Withfn Each Other's Jurisdictfonal Terrltory
'I't~is Tntergovernmentai Agreement is entered into pursuant to A.RS. § I I-952 by and
between Pima County, a body politic and corporate of the State of Ariwna, (the "County'~ and
the Town ofMarana, a polirical subdivision of the State of Arizona, (the "Town") for the
purpose of regulating public property within each other's jurisdictional territery.
Recitals
A, Town, pursuant to A.R.S. § 9-240 and Title 9, Cha~ter 7, Article 1, Arizona Revised
Statutes, and County, pursuant to A.R.S. § I 1-861 et seq., are authorized to regulate the~
qumlity, type of material and worlananship of aA aspects of building conshuction and to
adopt uniform codes regulating such constructiott.
B. Couniy and Town may contract fa services and enter into agreements with one another
for joint or cooperative actioa pursuant to A.RS. § 11-951, et seq.
C. The purQose of this Intergovemmental Agreement is to eskablish jurisdictional authority
for compliance with building and development codes for property owned by each
jurisdiction in the other's jurisdictivnal tetritory.
D. County and Town wish to enter into this Agreement whcreby each party wil! be
responsible for the design and oonstruction compliance of its buiidings and other
; stnzctures within the territorial jurisdiction of the other party with the other party's
1 : building, plumbing, electrical~ fire prevention and mechanical codes and ta authorize
the issuance of appropriate pernuts by each party for its buildings and ather struChu~es
~ ' in such instances.
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; NOW, THEKEFORE, tlae County and the Town, pursuant to the above, and in consideration ~
i of the matters and things hereinafter set farth, do mutually agree as foliows: ~
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Agreement
i. Obl#gationa of the Partfes.
a. Town. The Town shall be responsible for the design and construction compliance with
adopted building, plumbing, electrical, fire prevention and mechanical codes of Town
buildings and other structures it builds or causes to be built within the Eerritorial
jurisdiction of the Cvunty. The Town will review,and approve the plans and issue the
required permits in connection therewith, and perform required inspections.
i. Where a fire district forraed and existing under the provisions of Title 9, Chapter 9,
Article 1, Arizona Revised Statutes, has legally adopted the fire prevention code
adopted by the State Fire Marshall, the Town shali submit plans for a building or
other structure proposed ta be constructed within that fire district to the fire district
for review and approvaL
ii. Where a fire district has not been formed and does not exisf under the provisions of
Title 9, Chapter 9, Article 1, Arizona Revised Statutes, tlte Town shall submit plans
for a building or other stnscture proposed to be constructed to the State Fire
Marshall for review and approvaL
b. County. The County shall be responsible far the design and construction compliance
with adopted building, plumbing, electrical, fire prevention and mechaaical codes of
County buildings and other structures it builds or causes to be built within the territorial
jnrisdiction of the Town. The County will review aad approve the plans and issue the
reqaired permits in connection therewith, and perform required inspections.
i. Where a fue district formed and existing under the provisions of Title 9, ChaQtcr 9,
Article 1, Arizona Revised Statutes, has legally adopted the fire prevention code
adopted by t.t:e State Fire Matshall, the County sliail submit plaz~s for a building or
other structure proposed to be constructed within that fire district to the fire district
for review and approval.
ii. Where a fire district has not been formed and dces not exist under the provisians of
Title 9, Chapter 9, Article 1, Arizona Revised Statutes, the County shall s~abmit
plans for a building or other structure proposed to be constructed to the State Fire
Marshall for review and approval. ~
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2. Fees. Where this Agreement is applicable, if any fees ate required in connection with design ~
(glan review fees) and construciion (fees for permits for code activity), they shall be paid to 5
itself by the jurisdiction responsibte under this Agreement for compliauce. ~
3. Terni. The tecm of this Intergovernmenta! Agreement shal l be from the date it is recorded 3
with tt~e Pirna County Recorder and shall terminate on Jnne 3U, 2005, unless sooner $
terminated or further extended pursuant to the provisians of this Agreement. The parries
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may renew this Agreement for up to four additional five year periods or any portion thereof.
Such extension shall be by formal written amendmeni executed by the parties.
4. Compliance with All Larvs. The Parties shall comply with all federal, state aud local laws,
rules, regulations, standards and Executive orders, without liaiitation to those designated
within this Agreement. A.uy changes in the governing laws, rules and regulativns during che
terms of this Agrecment shall apply but da not require an amendment.
S. Respansibility. To the extent permitted by law, each party agrees to be responsible for the
acts and omissions of its officers, agents and employecs taken pursuant to this Agreement.
6. 1Von-lliscrimination. This Agreement is subject to Executive Order ?5-5, as amended by
Executive ~rder 99-4, which is incotporated into this Agreement by reference as if set forth
in full herein.
7. Remedies. Either party may pursue any remedies provided by law fur the breach of this
Agreement. No right or remedy is intended to be exclusive of any vther right or temedy and
each shall be cumulative and in additioa to any other right or remedy existing at law or at
equity or by virt~e of this Agreemen~
8. Sevesahil~ty. jf any provision of this Agre~ment is held to be invalid or unenforceable, the
remaining pravisions shall conrinue to be valid and enforceab2e to the full extent permitted
by law.
9. Entire Agreement. This document constitutcs thc entire agreement between the parties
pertaining to the subject matter hereof, and a11 prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. Th'ss Agreement
may be modified, amended, altered or extended only by a written amendment sigued by the
parties.
10. Not~ifcation. AI! notices or demands upan any patty to this agreement shall be in writing,
unless other forms are designated elsewhcre, and shall be delivered in person or sent by mail
addressed as follaws:
Town of Marana Pima County
Town Manager Development Services Director '
13251 N. Lon Adams 201 Notth Stone Avenue, l~ Floor 1
Marana, AZ 85653 '~csan, AZ 85701 l
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11. Terminatfoe. ~
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a. Termirearian far convenience. Either Party may, at any time and without cause, cancel
this Agrcement by providing 3U days written notice to the other Party of intont to ~
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b. ?'erminatian for Cause. If, in the judgment of either party to this Agreement, the other
pariy does not perform in accordance with the conditions of this Agreement, or is
otherwise in default of any provision of this A$reement, the party claiming non-
performance or default shall give written notice to the other party specifying the nature
of the non-perform,ance or defautt. If the non-performance ar defauit is nat carrected
within 30 days after receipt of such written notice, ar if the non-performing or
defaulting party fails to diligently pursue remedies for corrections which require mare
than 30 days to complete, the pariy claiming non-gerformance or default may terminate
this Agreement.
c. A.R,S ~ 38-Sil. This Intergovernmental Agreernent is subject to the provisions of
A.RS. § 38-511.
d. Non Appropriatiori. Notwithstanding any other provision in tlus Agreement, this
Agreement may be tetminated if, for any reason, t12e Pima County Board af Supervisors
or the Marana Town Council does ttot appropriate sufficient monies for the purpose af
~ maintaining this Agreement.
In Witness Whereof, CoUnty has caused this Intergovernmental Agreernent to be executed by
the Chair of its Bo~rd of Supervisors~ upon resolution of the Board and a#ested to by the Clerk
of the Board and the Town has caused this Intergoveramental Agreement to be executed by the
Mayor upon resolution of the Mayor and Cotencil and attested to by its Clerk.
. ATTEST: TOWN OF NlARANA:
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Town Clerk :
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ATTEST: ~ ~ c _ ? ; ' ~ PIMA COUNTY:
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Lo ~ ' < < ~ Y"~ Sharon Bronson, Chair •~AN 0 $ ~
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Clerk ~ ~ ` ~~`'F:
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Intergavernmental Agreement Determination
The foregoing Intergovernmental Agreement between the town of Marana and Pima County has
been reviewed pursuant to A,R.S. § I 1-952 by the undersigned, who have determiaed that is in
proper form aud is within the powezs and authority granted undex rhe laws of the State of
Arizona to those parties to the Intergovernmental Agteement represented by the undersigned.
TOWN OF MARANA
. Tovm Attorney
PIMA COUI~ITY
Depnty County Attorney
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