HomeMy WebLinkAboutResolution 2000-126 IGA with tucson for water service areas F. ANN RODRIGUEZ, P-ECOEDER
RECOI~DED BY: BAT
DEPUT~ ~ECOP~ER
1971 ROOE
TOWN OF M~RANA
ATTN: TOWN CLEI~K
13251 N LON ADAMS I~D
M~RANA AZ 85653
DOCKET: 11436
PAGE: 1352
NO. OF PAGES: 15
SEQUENCE: 20002320402
12/01/2000
RES 16:09
M~IL
AMOUNT PAiD $ 13.00
MARANA RESOLUTION NO. 2000-126
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA, AN ARIZONA MUNICIPALITY, AND THE CITY OF TUCSON, A MUNICIPAL
CORPORATION CONCERNING THE OFFERRING OF NEW WATER SERVICE TO AREAS
WITHIN THE PRESENT AND FUTURE TOWN BOUNDARIES.
WHEREAS, the City of Tucson and the Town of Marana are empowered by A.R.S. Title 11,
Chapter 7, Article 3 to enter into this IGA; and
WHEREAS, Tucson is authorized by the Tucson Charter, Chapter IV, Section 1(7) "...to
establish, maintain, equip, own and operate, works and appliances within and without city and for
supplying the city and its inhabitants also persons, firms and corporations outside Tucson, including
other municipal corporations, with water...;" and
WHEREAS, Tucson presently owns and operates a water utility serving areas both within
and w~thout the lmuts of Tucson, ~neludmg areas w~thin and immediately adjacent to the Town limits
of Marana; and
WHEREAS, Tucson and Marana propose to coordinate the development of water service
areas and water infrastructure within and adjacent to the Marana boundahes as provided for in the
attached Intergovcm~mentai Agreement between Tucson and Marana so as to maximize the efficiency
of water delivery within adjacent to the Town; and
WHEREAS, Marana has expressed an interest in purchasing Tucson's water service area and
facilities within the Marana boundaries; and
WHEREAS, Tucson has agreed to consider the sale of its water service area and facilities
within the Town boundaries to Marana and has caused an appraisal of this service area and facilities
to be performed; and
WHEREAS, both Marana and Tucson agree, pursuant to the attached Intergovernmental
Agreement, to continue discussions toward completing the purchase of water facilities by the Town
of Marana; and
WHEREAS, Tucson, pursuant to its June 26, 1979 IGA with Pima County, and its February
7, 2000 Supplementai Effluent IGA ("Supplemental IGA") with Pima County, owns the Effluent
derived from the Metropolitan-area (currently Roger Road and Ina Road) Wastewater Treatment
Plants subject to agreements Tucson has with other entities: the Conservation Effluent Pool
established in the Supplemental IGA, the entitlement of Pima County to 1.0% of the Effluent, and
the entitlement of Secretary of Interior to the SAWRSA Effluent; and
Marana, Arizona Resolution No. 2000-126 Page i of 3
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WHEREAS, Tucson and Marana are prepared to negotiate a separate Intergovernmental
Agreement that will give Marana reasonable access to Effluent from the Waters of Marana; and
WHEREAS, the Mayor and Council of the Town of Marana determine that the acceptance
of this Intergovernmental Agreement between the Town of Marana and the City of Tucson would
benefit the residents of the Town and be in the Town best interest.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Intergovernmental Agreement, attached hereto as Exhibit A, and
specifically incorporated herein by this reference, is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
21 st day of November, 2000.
ATTEST: ~
Mayot~(~Bl~ SUTTON, JR.
APPROVED AS TO FORM:
Daniel J. Hochuli, Esq.
As Town Attorney
and not personally
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Marana, Arizona Resolution No. 2000-126 Page 2 of 3
EXHIBIT A
Intergovernmental Agreement
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Marana. Arizona Resolution No. 2000-126 Page 3 of 3
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
MARANA REGARDING TUCSON WATER SERVICE AREA
WITHIN THE MARANA TOWN BOUNDARIES
This ia an Intergovernmental Agreement dated this' ~J~' <~day of '~/yt)~/7~, 2000,
by arid between the City of Tucson, Arizona, a municipal corp~'ation, hereinafter
referred to as "Tucson" and the Town of Marana, Arizona, a town organ/zed pursuant
to A.R.S. § 9-231 et seq., hereinafter referred to as "Marana".
Section L Recitals
The following recitals represent the general principles on which th~ parties' agreements
are based:
1.1
1.2
Tucson and Marana are empowered by A.R.S. Title 11, Chapter 7, Article 3 to
enter into this Agreement.
1.3
1.4
1.5
1.6
1.7
Tucson is authorized by the Tucson Charter, Chapter IV, Section 1(7) "...to
establish, maintain, equip, o~m and operate, works and appliances within and
without city for supplying the city and its inhabitants also persons, firms and
corporations outside Tucson, including other municipal corporations, with
water..."
Tucson presently owns and operates a water utility both within and without the
limits of Tucson.
Tucson presently provides water service within and immediately adjacent to the
incorporated boundaries of Marana.
The City and the Town wish to coordinate the development of water service areas
and water infrastructure within and adjacent to the Town boundaries.
Marana has expressed an interest in purchasing Tucson's water service area and
facilities within the Town boundahes.
Tucson has agreed to consider the sale of its water service area and facilities
within the Town boundahes to Marana and has caused an appraisal of this service
area and facilities to be Performed.
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1.8
Tucson, pursuant to its June 26, 1979 IGA with Pima County, and its February 7,
2000 Supplemental Effluent IGA ("Supplemental IGA") with Pima County, owns
the Effluent derived from the Metropolitan-area (currently Roger Road and Ina
Road) Wastewater Treatment Plants subject to: the Conservation Effluent Pool
established in the Supplemental IGA, the entitlement of Pima County to 10% of
the Effluent, and the entitlement of Secretary of Interior to the SAWRSA
Effluent.
1.9
Tucson and Marana are prepared to negotiate a separate Intergovernmental
Agreement that will give Marana reasonable access to Effluent from the Waters of
Marana.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties covenant and agree as follows:
Sectiofi II. Statement of Purpose
The purpose of this Agreement is to create and set forth and define the intended
relationships between Marana and Tucson regarding the provision of water service within
the boundaries of Marana and to establish an orderly process for future negotiations on
the purchase by Marana of Tucson's water service areas within Marana and control of
Effluent derived from the Waters of Marana.
Section III. Definitions
Notwithstanding any similarities as may appear when compared to the definitions in the
1980 Groundwater Management Act or elsewhere in A.R.S. Title 45, or any other statute,
the following words and phrases shall have the following defined meanings for the
purpose of this Agreement:
3.1
Addendum: An amendment, addition, or deletion to this Agreement adopted and
approved by the parties shall be called an "Addendum" and shall be numbered
and dated, such as "Addendum 1, Adopted May 1, 2001".
3.2
A~eement: This intergovernmental agreement between the City of Tucson and
the Town of Marana regarding Tucson Water service areas within the Marana
town boundaries.
3.3 Default: An act or omission which violates this Agreemen, t.
3.4
Conservation Pool Effluent: Effluent reserved for environmental uses under
Section V of the Supplemental IGA.
3.5
Continental Ranch Service Area: That portion of the Town of Marana to which
Tucson is obligated to provide water service pursuant to the agreement between
Tucson and Stewart Title and Trust of Tucson, Trust Nos. 1746 and 2270 dated
November 19, 1980, as amended.
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(361279.2) ~
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3.6
Dove Mountain Service Area: That portion of the Town of Marana to which
Tucson is obligated to provide water service pursuant to the agreement between
Tucson and Tortolita Mountain Properties Limited Partnership dated September
19, 1988, as amended.
3.7
Effluent: Wastewater that has received a minimum of secondary wastewater
treatment including wastewater that has received treatment to higher standards.
3.8
Identified Areas: The areas identified by Marana on the most recent Marana
Water Service Area Map as areas which are receiving water service from Marana
or to which Marana intends to provide water service.
3.9 Ina/Thornydale Area: The area along Thomydale Road between Orange Grove
Road and Ina Road that lies within the Town of Marana, but which currently
receives service from Tucson.
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3.10 Identified Portions: The portions identified by Marana to which Marana intends
to provide water service according to the most recent Marana Annexation Area
Map.
3.11
Reportine; Year: The calendar year in which reports are made by Tucson to
Marana of water received and water deliveries pursuant to Subsection 6.1 of this
Agreement.
3.12
Marana Annexation Area Map: A map of the areas planned to be annexed into
the Town boundaries of Marana which identifies those portions of the planned
annexation areas to which Marana intends to provide water service.
3.13
Marana Water Service Area Map: A map of the areas within the town boundaries
of Marana to which Marana is providing water service or intends to provide water
service.
3.14
New Water Service: Water service extended by Tucson after the effective date of
th/s Agreement to customers within the boundaries of Marana, outside the Dove
Mountain Service Area and the Continental Ranch Service Area.
3.15
Waters of Marana: All water purchased, pumped or developed by Marana in any
way, including Central Arizona Project water, groundwater, surface water, and
Effluent, for which there is a water fight or a contractual right.
3.16
SAWRSA Effluent: The 28,200 acre feet, plus losses, of annual Effluent
entitlement which Tucson assigned and conveyed to the United States by contract
dated October 11, 1983, pursuant to the provisions of the Southern Arizona Water
Rights Settlement Act ("SAWRSA").
3.17
Stored Water Credits: Long~term storage credits issued by the Arizona
Department of Water Resources ("ADWR") for water stored in underground
storage facilities or groundwater storage facilities pursuant to Title 45, Chapter
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3.1, Arizona Revised Statutes, except that the following will not be Stored Water
Credits for purposes of this Agreement:
3.17.1 Long term storage credits accrued for effluent stored in
managed underground storage facilities will not be Stored Water Credits for purposes of
this Agreement; and
3.17.2 Long term storage credits included by the Director of ADWR
under A.R.S. § 45-855.01 in determining whether to designate Marana as having an
assured water supply.
Section IV. Coordination on Water Service Areas
4.1
4.2
4.3
4.4
Marana will, within 30 days following the effective date of this Agreement,
provide to Tucson a Marana Water Service Area Map and wiI1 update this map to
,'Tucson each year thereafter on or before March 31. Tucson will not, after receipt
of a Marana Water Service Area Map, extend New Water Service to any
customers within the Identified Areas.
Following receipt of the Water Service Area Map or any update thereto, the City
will determine the areas to which the City may extend New Water Service outside
the Identified Areas in conformance with adopted Mayor and Council Water
Policies. Tucson will provide Marana a map of any areas to which it may not
provide service pursuant to those policies within 30 days of the receipt of the
Water Service Area Map or any update thereto. Should Tucson's Mayor and
Council Water Policies be amended to alter Tucson's ability to serve within the
Marana Service Area, Tucson will provide any required alterations to Marana
within 30 days of any such amendment.
Marana will, within 30 days following the effective date of this Agreement,
provide to Tucson a Marana Annexation Area Map. As the areas planned to be
annexed into the Town boundaries change, Marana will provide to Tucson an
updated Marana Annexation Area Map. Tucson will not, after receipt of a
Marana Annexation Area Map, extend New Water Service to any customers
within the Identified Portions.
Following receipt of the Annexation Area Map or any update thereto, the City
will determine the areas to which the City may extend New Water Service outside
the Identified Areas in conformance with adopted Mayor and Council Water
Policies. Tucson will provide Marana a map of any areas to which it may not
provide service pursuant to those policies within 30 days of the receipt of the
Annexation Area Map or any update thereto. Should Tucson's Mayor and
Council Water Policies be amended to alter Tucson's ability to serve within the
Annexation Area, Tucson will provide any required alterations to Marana within
30 days of any such amendment.
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Section V. Coordination on Water Infrastructure
5.1
Tucson and Marana will develop an on-going consultation process to coordinate
the development of water infrastructure within the boundaries of Marana,
including development of local water resources, water storage facilities, and water
transmission mains.
5.2
Marana is currently planning to construct potable water storage facilities in the
vicinity of the Continental Ranch Service Area. At Tucson's request and subject
to reasonable technical requirements imposed by Marana, Marana will allow
Tucson an interconnection to these water storage facilities. Tucson will pay the
cost of the interconnection and necessary meters. To the extent that Tucson
requires additional water resoumes to meet peak demands in the Continental
Ranch Service Area, Tucson may, subject to reasonable notice requirements,
withdraw water from Marana's potable water storage facilities in order to meet
· 'such peak demands.
5.3
Marana and Tucson will coordinate planning for the provision of additional water
infrastructure in the vicinity of but outside the Dove Mountain Service Area and
will evaluate the feasibility of Marana supplying additional water resources to the
area. In the event it is feasible and desirable for Marana to supply additional
water resources for service in the vicinity, of but outside the Dove Mountain
Service Area, Tucson and Marana will cooperatively develop mechanisms for
allocating the costs of necessary infrastructure to new development in the vicinity
of but outside the Dove Mountain Service Area. Tucson will determine, in
conformance with adopted Mayor and Council Water Policies, the areas to which
the City may extend New Water Service in the vicinity of but outside the Dove
Mountain Service Area.
5.4
Marana and Tucson will coordinate plarming for the provision of additional water
infrastructure in the Ina/Thornydale Area and will evaluate the feasibility of
Marana supplying additional water resources to the area. In the event it is feasible
and desirable for Marana to supply additional water resources for service in the
Ina/Thornydale Area, Tucson and Marana will cooperatively develop mechanisms
for allocating the costs of necessary infrastructure to new development in the
Area. Tucson will determine, in conformance with adopted Mayor and Council
Water Policies, the areas to which the City may extend New Water Service in the
Area.
Section VI. Stored Water Credits
6.1
Tucson wilt meter and will annually report to Marana any water received from
Marana facilities under Subsections 5.2 and 5.3 of this Agreement. Tucson also
will meter and will annually report to Marana all water deliveries to New Water
Service customers during the preceding calendar year. Such report will be
(361279.2)
delivered to Marana by March 31 of each Reporting Year and will include all
such water deliveries metered during the preceding calendar year.
6.2
In the event that the amount of water deliveries to New Water Service customers
during the preceding calendar year exceeds the amount of water Tucson received
in that year from Marana facilities under Subsections 5.2 and 5.3 of this
Agreement, Marana will cause to be transferred to Tucson prior to the end of the
calendar year following the Reporting Year an amount of Stored Water Credits
equal to the amount of the excess water. Tucson and Marana will consult
concerning the permitted storage facility at which Marana will cause the Stored
Water Credits to be accrued.
6.3
In the event that the amount of water Tucson received fi.om Marana facilities
under Subsections 5.2 and 5.3 of this Agreement during the preceding calendar
· year exceeds the amount of water deliveries to New Water Service customers in
· that year, Tucson will cause to be transferred to Marana prior to the end of the
calendar year following the Reporting Year an amount of Stored Water Credits
equal to the amount of the excess water. Tucson and Marana will consult
concerning the permitted storage facility at which Tucson will cause the Stored
Water Credits to be accrued.
6.4
At the written request of Marana, Tucson agrees to include in the water rates for
New Water Service, in each calendar year following a Reporting Year, a
sumharge in the amount specified by Marana on or before March 31 of the
Reporting Year, to recover the cost to Marana of providing Stored Water Credits
to New Water Services customers· On or before March 31 of each year, Tucson
will remit to Marana the amount of the surcharges collected by Tucson fi.om New
Water Services customers during the preceding calendar year.
Section VII. Purchase of Water Service Area
7.1
Tucson and Marana agree to continue discussions toward the purchase by Marana
of Tucson Water facilities and service areas within the Town boundaries of
Marana, including the Ina/Thornydale Area. In the event that Marana and Tucson
reach agreement on the purchase, Marana and Tucson will work together to
ensure an orderly transition.
Section VIII. Effluent Control
8.1
Tucson and Marana agree to continue negotiations toward an agreement that will
~ve Marana reasonable access to Effluent from the Waters of Marana in
accordance with the Supplemental IGA with Pima County.
Section IX. Miscellaneous Provisions
9.1
Term. The term of this Agreement shall be five years fi.om the effective date of
this Agreement. Six months prior to the end of this term, Tucson and Marana will
meet to discuss the necessity to extend, amend or terminate th/s Agreement.
(361279.2) 6
9.2
Force Maieure: In the event any party is rendered unable, wholly or in part, by
force majeure reasons to carry out its obligations under this Agreement, the
obligations of both Marana and Tucson so far as they are affected by such force
majeure shall be suspended during the continuance of any inability so caused, but
for no longer period; and such cause shall be so far as possible remedied with the
best efforts of the disabled party and with all reasonable dispatch. The term
"fome majeure" as employed in this Agreement shall mean acts of God, strikes,
lockouts or other industrial or labor disturbances, acts of the public enemy, wars,
blockades, insurrections, riots, epidemics, land slides, lightning, earthquakes,
fires, storms, floods, washouts, droughts, unavoidable interruptions in electric
power to drive pumps, interruptions by government not due to the fault of parties,
including injunctions, civil disturbances, explosions, well collapses, breakage or
accident to machinery or transmission facilities, or action or non-action by
governmental bodies in approving or failing to act upon applications for approvals
· or permits which are not due to the negligence or willful action of the parties.
· Nothing herein contained shall be construed as requiring either party to settle a
strike or labor dispute against its will. Nothing herein shall prohibit either party at
its own expense from using whatever self-help remedies which may be available
to it.
9.3 Altemative Dispute Resolution: The following binding alternative dispute
resolution process shall be followed for any dispute arising under this Agreement:
9.3.1 Tucson and Marana shall meet and confer about the issue or
issues in an attempt to resolve the dispute. If there are issues that cannot be resolved by
Tucson and Marana, each shall appoint one arbitrator to a three-party panel of arbitrators
which will decide the dispute. The appointment of the two arbitrators will occur within
30 days of the meeting referred to above.
9.3.2 Arbitrators appointed to the arbitration panel shall be skilled
and experienced in the field or fields pertaining to the dispute. The two selected
arbitrators shall meet within 30 days of the later of the two arbitrator's appointment, and
at their first meeting they shall appoint a third neutral arbitrator to complete the
arbitration panel. The third arbitrator shall act as a chairperson of the arbitration panel
and shall direct the arbitration proceedings.
9.3.3 The arbitration process shall be limited to the issue or issues
submitted by Tucson or Marana. The arbitration panel shall not rewrite, amend, or
modify this Agreement or any other agreement or contract between the Parties.
9.3.4 There shall be no discovery beyond the information and
documents made available during the informal meet and confer process provided for in
this section.
9.3.5 No formal evidentiary hearing shall be provided unless one is
requested by either Tucson or Marana in writing, at the same meeting that the neutral
arbitrator is appointed. Assuming that no hearing has been requested, the arbitration
(361279.2)
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panel will meet as deemed necessary by the panel and shall, in a manner it deems
appropriate, receive evidence, receive argument or written briefs from Tucson and
Marana, and otherwise gather whatever information is deemed helpful by the panel. The
arbitration process to be followed shall be informal in nature, and Tucson and Marana
shall not be entitled to trial-type proceedings under, for example, formal rules of
evidence.
9.3.6 In the event that either Tucson or Marana requests a hearing,
the arbitration panel shall meet to receive evidence, receive argument and written briefs
from Tucson and Marana as follows:
9.3.6.1 The arbitration panel shall, within 5 days of the
appointment of the neutral arbitrator, schedule a date for a hearing, which shall be held
within 20 days of the appointment of the neutral arbitrator.
9.3.6.2 Within 10 days of the appointment of the neutral
arbitrllor, Tucson and Marana shall each submit a brief of no longer than 15 pages setting
forth its case. The brief shall include discussion of all issues relevant to the party's case.
Each party shall, as an attachment to its brief, include declarations of not more than two
experts and any relevant factual witness. Declarations of expert witnesses must include
all opinions to be elicited upon direct testimony and a complete explanation of the basis
of these options. Disputes with respect to the sufficiency of declarations or the
appropriateness of the testimony shall be resolved by the witnesses available for cross-
examination at the time of the arbitration hearing. Factual witnesses for whom a
declaration is prepared shall be made available for cross-examination at the time of the
arbitration hearing only if requested by the other party.
9.3.6.3 There shall be no testifying witness on direct
except for expert witnesses.
9.3.6.4 Each party shall have a maximum of four hours
to present its case in total. This time shall include opening and closing statements, direct
presentation and any cross-examination of the other party's witnesses. Each party shall
have the right to reserve part of its time to present up to one hour of rebuttal testimony.
9.3.6.5 Each party shall have the opportunity, within 5
days of the close of hearing, to submit a closing brief not to exceed 10 pages. The
closing brief shall be argument with no additional factual evidence to be submitted.
9.4 The matter shall be deemed submitted at the submission of closing briefs.
9.4.1 The panel of arbitrators shall render its final decision in the
dispute within 60 days after the date of naming the third arbitrator. If the arbitrators
disagree as to the determination, any two of the three arbitrators may join to form a
majority and the decision of those two arbitrators will be final for the panel. The panel
will issue a written decision for Tucson and Marana.
(361279.2)
9.4.2 If either Tucson or Marana declines to accept the decision of
the arbitration panel, it may initiate an action in the appropriate court within 60 days of
the issuance of the panel's written decision to obtain a judicial determination of the
underlying dispute. If an action is not filed within 60 days of the panel's decision, the
decision of the panel shall be deemed to be final and not subject to judicial review. The
decision of the panel and record of the arbitration shall not be privileged and may be
submitted as part of the record by either side in support of its case.
9.4.3 All costs incurred by the arbitration panel shall be shared
equally by Tucson and Marana, and the expenses of the arbitration panel shall be paid
expeditiously.
9.4.4 During the period of time in which a disagreement is being
addressed in the ADR process or appropriate judicial proceeding, Tucson and Marana
agree that no default or breach of any agreement being addressed in the process will have
occuff~d.
9.5 Attorney's Fees: In the event of any litigation between the parties to enforce any
provision of this Agreement or any right of either party hereto, the unsuccessful
party to such litigation agrees to pay to the successful party all reasonable costs
and expenses, including reasonable attorney's fees, incurred therein by the
successful party, all of which shall be included in and as part of the judgment
rendered in such litigation.
9.6 Assignment of Am'eemen~: The parties shall have no right to assign this
Agreement or any interest herein except to their respective successors.
9.7 Notices: All notices shall be in writing and together with other mailings
pertaining to this Agreement shall be made to:
FOR MARANA:
Town Water Director
Town of Marana
Marana Town Hall
13251 Lon Adams Road
Marana, AZ 85653
WITH COPY TO:
Marana Attorney
Town of Marana
Marana Town Hall
13251 Lon Adams Road
Marana, AZ 85653
(361279.2) 9
FOR TUCSON:
Director
Tucson Water
P.O. Box 27210
Tucson, AZ 85726
WITH COPY TO:
City Attorney
City of Tucson
P.O. Box 27210
Tucson, AZ 85726
· or as otherwise specified from time to time by each party.
9.8 Waiver: Waiver by either party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of any other term, covenant or
condition, or any subsequent breach of the same or any other term, covenant, or
condition herein contained.
9.9 Amendment: This Agreement shall not be amended except by written instrument
mutually agreed upon and executed by the Parties.
9.10 ~eement: This Agreement and its recitals constitute the entire agreement
between the Parties, and includes ali prior oral and written agreements of the
Parties. All warranties and guarantees and representations shall survive during
the life of this Agreement.
9.11 Construction and Interpretation: All provisions of this Agreement shall be
construed to be consistent with the intention of the Parties expressed in the
recitals hereof.
9.12 Authority: Marana represents and warrants that it has legal authority and capacity
to enter into this Agreement upon the terms and conditions provided within this
Agreement, and has properly and legally authorized and executed this Agreement.
Tucson represents and warrants that it has the legal authority and capacity to enter
into this Agreement upon the terms and conditions provided within this
Agreement, and has properly and legally authorized and executed this Agreement.
9.13 Legal Jurisdiction: Nothing in this Agreement shall be considered as either
limiting or extending the legal jurisdiction of either Marana or Tucson.
9.14 Severabilit¥: In the event that any provision of this Agreement or the application
thereof is held invalid, such invalidity shall have no effect on other provisions and
their application which can be given effect without the invalid provision, or
application, and to this extent the provisions of the Agreement are severable.
(361279.2) 10
9.15 _Assignment: This Agreement shall be binding on the successors and assigns of
the parties hereto.
9.16 Effective Date: This Agreement shall be effective upon filing of the original
executed Agreement with the office of the Pima County Recorder.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the
day and year first above written.
TOWN OF MARANA
"ATTEST:
APPROVED AS TO FORM:
Town Attorney
CITY OF TUCSON
By:_
MAYOR
ATTEST:
AS TO FORM:
By:.
City Clerk
By:
City Attorney
(361279.2) 1 1
ATTORNEY CERTIFICATION
TOWN OF MARANA
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and Tucson of Tucson, has been reviewed this __ day of 2000,
pursuant to A.R.S. § 11-952 by the undersigned Town Attorney of the Town of
Marana, who has determined that it is in proper form and is within the powers and
authority granted under the laws of the State of Arizona to those parties to the
agreement represented by the Town of Marana.
~ Marana Tow~t'ATttomey
ATTORNEY CERTIFICATION
CITY OF TUCSON
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and Tucson of Tucson, has been reviewed this .. day of 2000,
pursuant to A.R.S. § 11-952 by the undersigned Attorney for Tucson of Tucson,
who has determined that it is in proper form and is within the powers and
authority granted under the laws of the State of Arizona to those parties to the
agreement represented by Tucson of Tucson.
By:.
Tucson City Attorney
(361279.2) 12