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HomeMy WebLinkAboutResolution 96-014 IGA with pima county for addressing and street naming MARANA RESOLUTION NO. 96-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR ADDRESSING AND STREET NAMING SERVICES. WHEREAS, the Town of Maran a has detennined that it is in the public interest to have Pima County provide street naming and addressing services; and WHEREAS, Pima County and the Town ofMarana desire to enter into an intergovernmental agreement whereby the County will provide services for addressing and street naming, in order to provide uniform addressing systems throughout the county. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and Pima County providing for addressing and street . . nanung semces. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of February, 1996. ~/ #~ C-- ED HONEA, Mayor ~ Daniel 1. Hochuli Town Attorney ~....-. Marana, Arizona Resolution No. 96-14 Page 1 of 1 6-23-1997 12:38PM FROM ADDRESSING/DEV SERV 7406370 P.2 P0230 PIMA CO CLERK OF THE BOARD DOCKET: PAGE: NO. OF PAGES: SEQUENCE: \ l V ) u t.-$ 10278 978 12 96066376 04/22/96 15:06:00 ... F. ANN RODRIGUEZ. RECORDER RECORDED BY: DDA' DEPUTY RECORDER 1969 ROO A RES TUCSON AZ 85701 PI CKUF' AMOUNT PAID $ 6.50 RESOLUTION AND ORDER NO. 1996-=..26- RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ADDRESSING AND STREET NAMING SERVICES Whereas, it is deemed to be in the public interest to establish an Intergovernmental Agreement, pursuant to A.R.S. S 11-951 et. sec., with the Town of Marana for Pima County to provide addressing and street naming services; and Whereas, Pima County has the resources and capabilities to provide addressing and street naming services that will provide addressing unifonnity throughout the County. . NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, PIMA COUNTY ARlZONA, THAT: Pima county enter into an agreement with the Town of Marana for the purpose of providing addressing and street naming services. The Chairman of the Board is hereby authorized and directed to sign said agreement for the Pima County Board of Supervisors. PASSED, ADOPTED, AND APPROVED nns16thDAY OF April . 1996. PIMA COUNTY BOARD OF SUPERVISORS ~NA-I?(J c .;. ......' . ',", ~, . i. . ' , ~ ~ ........ ,:;.; :',:" . . ....~ '~. \ . J ,'. . ~, .. ~ ,.,' ,:.,'.. ~:(',.:.;::t. ';',' '. ~=t. . APPROVED AS TO FORM: ~j\'~ DEPUTY COUNTY A TIORNEY , . 6-23-1997 12:38PM FROM ADDRESSING/DEV SERV 7406370 P.3 between CONTRACT NO. QL -Sb "fYJ .. 1;)./ 5;2S - oy9b AMENDMENT NO. ~ - This number must appear on all invoices. correspondence. and document~ pertaining to this contract Intergovernmental Agreement Pima County and the Town of Marana for Addressing and Street Naming Services This Intergovernmental Agreement is entered into this .L6.!!day of fltJr/ / ,1996, pursuant to A.R.S. ~ 11-952, by and between Pima County, a body politic and corporate of the State of Arizona (the "County") and the Town of Marana, Arizona, a municipal corporation (the I'Town") for the provision of addressing and street naming services. Recitals A. The County and the Town desire to jointly exercise their powers pursuant to the provisions of A.R.S. ~ 11-951 et seq.; B. The Town desires to enter into an intergovernmental agreement with the County for the provision of addressing and street naming services within the corporate limits of the Town; C. The Mayor and Council of the Town did on the 20th day of February, 1996, authorize the Mayor to execute this Agreement by Resolution No. 96.14; and D. The Board of Supervisors of the County did on the 1.6.th.. day of Ap:d , , 1996, authorize the Chainnan of the Board to execute this Agreement by Resolution No. 1996-56 . NOW, TIIEREFORE, the County and the Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: S-23-1997 12:39PM FROM ADDRESSING/DEV SERV 7406370 P.4 Agreement 1. Effective Date; Tenn: Renewal 1.1 Effective date; Term. This Intergovernmental Agreement shall become effective upon filing the original executed agreement with the office of the Pima County Recorder ~ and after July 1, 1996, and shall continue until June 30, 2006 or until sooner tenninated pursuant to Article 9. 1.2 Renewal. This Intergovernmental Agreement may be renewed by agreement of the parties, effective upon filing the original executed renewal agreement with the office of the Pima County Recorder. 2. Addressing Services 2.1 Addressing - Subdivision plats reviewed by County. The County shall assign addresses for all new subdivision plats recorded within the boundaries of the town which have been reviewed by County staff~ pursuant to the County's addressing ordinances and policies .and in a manner consistent with the methods used by the County within the unincorporated area of the county. 2.2 Addressing - Plats reviewed l7y third parties. If requested by the Town, County shall provide addressing services for plats recorded within the boundaries of the town which have been reviewed by the Town or its third-party agent, pursuant tb the County's addressing ordinances and policies and in a manner consistent with the methods used by the County within the unincorporated area of the county . 2.3 Addressing - Building penniES. County shall assign addresses for all parcels of land within the boundaries of the town for which building permits are issued and addresses do not exist, pursuant to the County's addressing ordinances and policies and in a manner consistent with the methods used by County within the unincorporated area of the county. 2.4 Master maps. County shall record and maintain all addresses assigned within the town on its original master maps for all new addresses issued. 2.5 Addressing - Miscellaneous. County shall assign addresses for parcels of land at the owner's request (whether new or a change), correct conflicting addresses and assign addresses for leased, rented or apportioned space whether residential or commercial. 2.6 Recordation and Maintenance. County shall provide all necessary recording and maintenance of records for addressing provided to Town. 6-23-1997 12:40PH FROM ADDRESS I f'JG/DEV SERV 7406370 P.5 3. Street Naming Services 3.1 Street lU1l11i.ng. County shall assign street names to all public and private roads and easements in new subdivisions or in unsubdivided areas in accordance with County street name ordinances and policies. -------- 4. ---'"'-- Town Addressing and Street Naming Duti;;------------ 4.1 Notice to Coum:y; Processing of street name changes. Town shall, On a timely basis, notify County of the pending recordation of new subdivisions or the creation of new or realigned streets and easements requiring naming or addressing. Town shall process all requests for street name changes within the town requested by County. 4.2 Applications for street name chlJuges and addressing. Town shall require applicants to provide to County all necessary documentation and material as may be required by County. 5. County Compensation 5.1 Fees. County shall submit an itemized monthly billing to Town for services. The fees for such services shall be $100.00 base fee for each subdivision or development plan submitted, plus $35.00 per hour for review, comment~ address assignment, maintenance and information dissemination. 5.2 Plats reviewed by third parties. If County provides addressing services for plats recorded within the boundaries of the town which have been reviewed by Town or its third-party agent, County shall bill Town for such addressing services on a time and materials used basis. 6. Cnanges in Controlling Laws 6.1 Notice of changes. County shall notify Town of any proposed changes to, and any amendments~ modifications and repeals of any County ordinances and policies affecting addressing and street naming. Town shall notify County of any proposed changes to, and any amendments, modifications .and repeals of any Town ordinances and policies affecting addressing and street naming. 6.2 County right to discontinue services. 6.2.1 Within two weeks of receipt of notice by the Town of a proposed change~ amendment or modification to any Town ordinance or policy affecting addressing and street naming, County shall notify Town whether it will accept implementation or enforcement responsibility for -the proposed change, amendment or modification. 6.2.2 Not:\vithstanding acceptance pursuant to Subsection 6.2.1, the County reserves the right in its discretion to discontinue perfonnance at any time of any services provided pursuant to this Intergovernmental Agreement in the event the Town has made changes to, amended or mcxlified any Town ordinance or policy affecting addressing and 6-23-1997 12:40PM FROt,1 ADDRESS I NG/DEV SERV 7406370 P.6 street naming in any manner that results in provisions or applications which differ from those in effect in the unincorporated areas of the county. 7. Status of Count'j/ Officers and Employees 7.1 Status. It is not intended by this Intergovernmental Agreement to, and nothing contained. in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or creating any employer-employee relationship between the Town and any County employee, or between the County and any Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party)s obligation to withhold Social Security and income taxes for any of its employees. 7.2 Town cooperarion. County officials and employees, while working within the scope of the Intergovernmental Agreement, shall be granted by Town whatever rights are necessary to accomplish the County's obligations under this Intergovernmental Agreement. 8. Hold harmless; Indemnification 8.1 By the Town. The Town shall to the extent permitted by Arizona law indemnify, defend and hold h4umless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of the Town or to any act or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 8.2 By lhe Cowuy. The County shall to the extent permitted by Arizona law indemnify, defend and hold harmless the Town, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of the County or to any act or omission of the County, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 9. Tennination 9.1 Termination at will. This Intergovernmental Agreement may be terminated by either party at will by giving three months prior written notice of termination to the other party. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. 9.2 Funding sources; Budget; Non-appropriation. This Intergovernmental Agreement and all obligations upon the County or the Town arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the Pima County Board of Supervisors or the Marana Town Council do not " 6-23-1997 12:41PM FROM ADDRESSING/DEV SERV 7406370 P. 7 appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, County and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 9.3 Conflict. This Agreement is subject to the provisions of A.R.S. ~ 38-511. 10. Miscellaneous 10.1 Town boundaries. The Town boundaries are shown on Exhibit A attached hereto. The Town shall notify the County pursuant to A.R.S. 2 9-471(A)(3)(c) of any proposed annexation. . 10.2 Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of either the County or the Town. 10.3 Coun action by third persons. If this Intergovernmental Agreement is determined, in whole or in part, to be void by court action brought by third persons. there shall be no liability on the part of the County or the Town to the other by reason of such action or by reason of this Intergovernmental Agreement. 10.4 Beneficiaries. Nothing in this Intergovernmental Agreement, whether expresS or implied, is intended. to confer any rights or remedies under or by reason of this Intergovernmental Agreement on any person other than the parties to it and their respective successors and permitted assigns. 10.5 Timeliness. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to carry out the terms of this Intergovernmental Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 10.6 Compliance with laws. Each party to this Intergovernmental Agreement shall comply with all applicable federal and state statutes and regulations. Each party shall comply with all applicable legal requirements relating to civil rights and non-discrimination in employment, including the Inunigration Refonn and Control Act of 1986 and the Americans with Disabilities Act. Each party shall indemnify and hold harmless the other party pursuant to Article 8 of this Intergovernmental Agreement for all liability arising from failure to comply with federal and state statutes and regulations. Indemnification shall include costs of suits. 10.7 No assignment. Any assignment or attempted assignment of this Intergovernmental Agreement by either party without the written consent of the other party shall be void. 10.8 Non-waiver. The failure of either party to insist on anyone or more instances upon the full and complete performance of any of the tenns and provisions of the Intergovernmental Agreement to be performed on the part of the other 1 or to take any action pennitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and 6-23-1997 12:42PH FROH ADDRESSING/DEV SERV 7406370 P.8 complete performance of the same, or any other covenant or condition, either in full or in part in the future. The acceptance by either party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 10.9 Notices. Any and all notices, requests or demands made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as agreed by both parties. 10.10 Integration: Modification. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the rights, duties and obligations of each to the other as of its date. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by the parties and recorded with the Pima County Recorder. 10.11 Severability. In the event that any provision, or any portion of any provision, of this Intergovernmental Agreement, or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Intergovernmental Agreement shall be deemed to be severable. In witneSs whereof, the County has caused this Intergovernmental Agreement to be executed by the Chairman 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 Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. TOWN OF MARANA ~! ~ -- Ed Honea Mayor 2t1 t . - .~~~~. ~rJ'7 Jane S. Williams ' Clerk of the Board PIMA COUNTY ~a:! A1i~ Chairman, Board of Supervisors ~ 6-23-1997 12:43PH FROH ADDRESS I ~~G/DEV SERV 7406370 P.9 INTERGOVERNMENTAL AGREEMENI' DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have determined that it is in proper fonn and is within the powers and authority grnnted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: OJ/.-i.... j\:::t Deputy County A ey Daniel Attorney 6-23-1997 12:43PM FROt,1 ADDRESS I f'JG/DEV SERV 7406370 P.10 1\tIARANA RESOLUTION NO. 96-14 A RESOLUTION OF 11!E J\tfA YOR AND COUNClL OF THE TOWN OF ~t\ ARJZONt\ APPROVING AND AUTHORIZING THE EJCECUTION OF Ai'l" INTERGOVERNMENTAL AGREEl'AENT BETWEEN TIIE TOWN OF MARANA Ai'lD PIMA COUNTY FOR ADDRESSING AND STREET NAMING SERVICES. WHEREAS, the TO\.vn of Maran a has detennined that it is in the public interest to have Pima County provide street naming and addressing services; and WHEREAS, Pima County and the Town of Maran a desire to enter into an intergovemmental agreement whereby the County will provide services for addressing and street naming, in order to provide uniform addressing systems throughout the county. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, that the town enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and Pima County providing for addressing and street . . nanung servtces. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of February, 1996. ! C;'fi ~l/(}'/LJ C.', ,- tc, ! .I' ED HON'"EA, Mayor --- APjROVED AS T.D-Fel)\1: ~L. - . Daniel 1. ochuli Town Attorney