HomeMy WebLinkAboutResolution 2000-112 IGA with pima county for building services F. ANN RODRIGVEZ, RECORDER e~PIA. DOCRET: 11408
RECORDED BY: DSC PAGE: 653
DEPUTY RECORDER ~ I~ NO. OF PAGES: 1
1212 ROOE ~ SEQVENCE: 20002040198
10/20/2000
TO
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OF I~9IRANA Q8r ~~P RES 13:40
ATTN: TOWN CLERK
13251 N LON ADAMS RD MA=L ~
bIl4RANA AZ 85653
AMOUNT PAID $ 6.00
MARANA RESOLUTION NO. 2000-112
A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER IN TO AN 1NTERGOVERNMENTAL
AGREEMENT WITH PIMA COUNTY FOR BUII,DING SERVICES WITHIN EACH OTHERS
JURISDICTIONAL TERRITORY.
WHEREAS, the Town and Pima County both aze responsible for the design, construction,
operation and maintenance of public facilities within the jurisdictional territory of the other; and
WHEREAS, the Town and Pima County desire to clarify the review and inspection services
responsibilities for facilities constructed within the other's jurisdiction; and
WHEREAS, the owners of the facilities being conshucted aze already perfomvng review and
inspection services for their facilities; and
WHEREAS, it is in the best interest of the citizens of the Town of Marana to clarify the
relationship between the Town and Pima County with respect inspection and review authority for
the purposes of delivering the most cost effective service to the public.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Mayor is authorized to execute an Intergovernmental Agreement between
Pima County and the Town of Mazana for the Regulation of Public Proper[y within Each Other's
Jurisdictional Territory.
PASSED AND ADOPTED by the Mayor and Council of the Town of Mazana, Arizona, this
17~' day of October, 2000.
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Mayo o by utton, Jr. ~
ATTEST: ~
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Jocelyn . Entz `~~~~~~mr~ ~~~j ~
Town Clerk ~ ~ ~ =
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APPROVED AS TO FO . ?~`S~' ~ u
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Daniel J. Hoc uli
As Town Attomey and not personally
Marana, Arizona Resolution No. 2000-112
~ ..~'F. ANN RODRIGO_ ~ RECORDER DO. ST: 11458
RECORDED $Y; ggp P]?GE; 326
DEPUTY RECORDER NO. OF PAGES: 5
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RESOLUTION NO. 2001- z
RESOLUTION OF PIMA COUNTY BOARD OF SUPERVISORS;
APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND
THE TOWN OF MARANA WHICH AGREEMENT PROVIDES FOR CODE
COMPLIANCE OVER PUBLIC PROPERTY OWNED BY EACH
JURISDICTION LOCATED IN THE OTHER'S JURISDICTIONAL
BOUNDARIES.
WHEREAS, Pima County and the Town of Marana wish to be responsible for the design
and construction compliance of their respective buildings to be constructed in each other's
jurisdiction in accordance with adopted building, plumbing, electrical, fire prevention and
mechanical codes and to issue their own permits;
NOW, THEREFORE, be it resolved by the Pima County Board of Supervisors as follows:
SECTION 1. Pima County shall enter into an intergovemmental ageement with the Town of ~
Marana, attached hereto as Exhibit A and incorporated herein by this reference, for the
purpose of retaining regulatory review and compliance over properties owned by each ~
jurisdiction but located in the other's jurisdictional territory.
SECTION 2. The Chair of the Pima County Board of Supervisors is hereby authorized and
directed to sign the attached Intergovemmental A eement for
gr the Pima County Board of
Supervisors.
SECTION 3. The various Pima County officers and employees hereby aze authorized and i
directed to perform all acts necessary and desirable to give effect to this Resolution. ' ~
, RESOLVED this ~ day of J~'~~' 2001 i
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Shazon Bronson 1/2/01 ;
: Chair, Boazd of Supervisors ~
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ATT S'P' ~ ~ APP AS TO FORM:
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Lon ~o:~65hia~ ~ ~ ~
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CONTRACT
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AMENDMENT N0.
fihil numb~r muet eppear on sll
ODrn~pontlenee and
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aontreet,
Intergovernmental Agreement
between
Pima County and the Town of Marana
for
Regulation of Public Property Within Each Other's Jurisdictional Territory
This Intergovernmental Agreement is entered into 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, a political subdivision of the State of Arizona, (the "Town") for the
purpose of regulating public property within each other's jurisdictional territory.
Recitals
A. Town, pursuant to A.R.S. § 9-240 and Title 9, Chapter 7, Article 1, Arizona Revised
Statutes, and County, pursuant to A.R.S. § 11-861 et seq., aze authorized to regulate the
quality, type of material and workmanship of all aspects of building construction and to
adopt uniform codes regulating such construction.
B. County and Town may contract for services and enter into agreements with one another
for joint or cooperative action pursuant to A.R.S. § i 1-951, et seg.
C. The purpose of this Intergovernmental Agreement is to establish jurisdictional authority
for compliance with building and development codes for property owned by each
jurisdiction in the other's jurisdictional territory.
D. County and Town wish to enter into this Agreement whereby each party will be
responsible for the design and construction compliance of its buildings and other
structures within the territorial jurisdiction of the other party with the other party's
building, plumbing, electrical, fire prevention and mechanical codes and to authorize
the issuance of appropriate permits by each party for its buildings and other structures
in such instances.
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NOW, THEREFORE, the County and the Town, pursuant to the above, and in consideration f
of the matters and things hereinafter set forth, do mutually agree as follows:
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Agreement
1. Obligations of the Parties.
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 territorial
jurisdiction of the County. 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 formed 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 shall submit plans 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 does not exist under the provisions of
Title 9, Chapter 9, Article 1, Arizona Revised Statutes, the Town shall submit plans
for a building or other structure proposed to be constructed to the State Fire
Marshall for review and approval.
b. County. The County shall be responsible for the design and construction compliance
with adopted building, plumbing, electrical, fire prevention and mechanical codes of
County buildings and other structures it builds or causes to be built within the territorial
jurisdiction of the Town. The County will review and approve the plans and issue the
required permits in connection therewith, and perform required inspections.
i. Where a fire district formed 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 County shall submit plans 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 does not exist under the provisions of k
Title 9, Chapter 9, Article 1, Arizona Revised Statutes, the County shall submit ~
plans for a building or other structure proposed to be constructed to the State Fire
Marshall for review and approval. 1!
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2. Fees. Where this Agreement is applicable, if any fees are required in connection with design ~
(plan review fees) and construction (fees for permits for code activity), they shall be paid to
itself by the jurisdiction responsible under this Agreement for compliance. i
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3. Term. The term of this Intergovemmental Agreement shall be from the date it is recorded 3
with the Pima County Recorder and shall terminate on June 30, 2005, unless sooner t,
terminated or further extended pursuant to the provisions of this Agreement. The parties
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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 amendment executed by the parties.
4. Compliance with All Laws. The Parties shall comply with all federal, state and local iaws,
rules, regulations, standards and Executive orders, without limitation to those designated
within this Agreement. Any changes in the goveming laws, rules and regulations during the
terms of this Agreement shall apply but do not require an amendment.
5~ Responsibility. To the extent permitted by law, each party agrees to be responsible for the
acts and omissions of its officers, agents and employees taken pursuant to this Agreement.
6o Non-Discrimination. This Agreement is subject to Executive Order 75-5, as amended by
Executive Order 99-4, which is incorporated into this Agreement by reference as if set forth
in full herein.
7, Remedies. Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and
each shall be cumulative and in addition to any other right or remedy existing at law or at
equity or by virtue of this Agreement.
8, Severability. If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall continue to be valid and enforceable to the full extent permitted
by law.
9. Entire Agreement. This document constitutes the entire agreement between the parties ~
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and ~
understandings, oral or written, are hereby superseded and merged herein. This Agreement ~
may be modified, amended, altered or extended only by a written amendment signed by the ;
parties.
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10. Notification. All notices or demands upon any party to this agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail ~
addressed as follows: I
Town of Marana Pima County
Town Manager Development Services Director "
13251 N. Lon Adams 201 North Stone Avenue, 1~` Floor 1'
Marana, AZ 85653 'I~cson, AZ 85701
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11. Termination.
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a. Termination for convenience. Either Party may, at any time and without cause, cancel
this Agreement by providing 30 days written notice to the other Party of intent to
cancel. ~ i
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b. Termination for Cause. If, in the judgment of either party to this Agreement, the other
party does not perform in accordance with the conditions of this Agreement, or is
otherwise in default of any provision of this Agreement, the party claiming non-
performance or default shall give written notice to the other party specifying the nature
of the non-performance or default. If the non-performance or default is not corrected
within 30 days afrer receipt of such written notice, or if the non-performing or
defaulting party fails to diligently pursue remedies for corrections which require more
than 30 days to complete, the party claiming non-performance or default may terminate
this Agreement.
c. A.R.S. § 38-Sll. This Intergovemmental Agreement is subject to the provisions of
A.R.S. § 38-511.
d. Non-Appropriation. Notwithstanding any other provision in this Agreement, this
Agreement may be terminated if, for any reason, the Pima County Boazd of Supervisors
or the Marana Town Council does not appropriate sufficient monies for the purpose of
maintaining this Agreement.
In Witness Whereof, County has caused this Intergovemmental Agreement 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 Intergovemmental Agreement to be executed by the i
Mayor upon resolution of the Mayor and Council and attested to by its Clerk.
ATTEST: TOWN OF MARANA: '
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y Mayor, wn f arana
Town Clerk ~
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ATTEST: ~ ~ < . ? ` • PIMA COUNTY:
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V ~If~ i ~ 1 ` / I ~~Zf7Y~
Lo ' oddshi Shazon Bronson, Chair
Clerk q~tlieBbSr~~ t:' ~r' % Board of Supervisors `~M ~ 2~ 1
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Intergavemmental Agreement Determination
The foregoing Intergovemmental Agreement between the town of Marana and Pima County has
been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that is in
proper form and is within the powers and authoriry granted under the laws of the State of
Arizona to those parties to the Intergovemmental Agreement represented by the undersigned.
TOWN OF MARANA
Town Attorney
PIMA COUNTY
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Depury County Attomey ~
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~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13193
RECORDED BY: CDD PAGE: 1322
' ~ DEPUTY RECORDER y°g ~I~Zy NO. OF PAGES: 3
1785 PE2 ~
~ ^III,,~O SEQUENCE: 20072320342
sr~A w~\ I ~M~z 12/os/2oo~
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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co~tr3ct.
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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~ Fratik Cassr , To n Attorn Re ' ssen, Deputy County Attorney
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{00000876.DOC - 2- 6/7/2005 4:42 PM FJC