HomeMy WebLinkAboutResolution 2008-153 IGA for creation of regional enterprise zoneMARANA RESOLUTION N0.2008-153
RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY, THE CITY OF TUCSON, THE CITY OF SOUTH TUCSON AND THE TOWN OF
SAHUARITA RELATING TO THE CREATION OF AN ENTERPRISE ZONE, AND
DECLARING AN EMERGENCY
WHEREAS the Arizona Department of Commerce initiated an enterprise zone program
pursuant to A.R.S. Sec. 41-1521, et seq; and
WHEREAS this program's intent is to improve economically depressed sections of cities,
towns and counties .through the development 'of job-creating uses; and
WHEREAS Pima County, the Town of Marana, the Town of Sahuarita, the City of South
Tucson, and the City of Tucson have identified an area that meets the State's eligibility criteria
for enterprise zone designation which. is contained in the map attached as Exhibit A hereto; and
WHEREAS the Town finds that it is in the best interests of the citizens of the Town of
Marana to participate in an enterprise zone.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
Section 1. The Mayor is authorized to execute an intergovernmental agreement with Pirna
County, the City of Tucson, the City of South Tucson and the Town of Sahuarita relating to the
creation of an enterprise zone, in the form presented to the Mayor and Council concurrently with
this Resolution.
Section 2. The Mayor is authorized to take all actions necessary and appropriate to carry
out his duties in his official capacity as a member of the Enterprise. Zone Commission as
established in the Intergovernmental Agreement referenced under Section 1 above.
Section 3: The Town Manager and Staff are authorized to undertake all other- tasks
required to carry out the terms, obligations and objectives of the. intergovernmental agreement.
Section 4. It is necessary for the preservation of the peace, health, and safety of the Town
of Marana that this resolution become immediately effective; therefore, an emergency is hereby
declared to exist and this resolution shall be effective immediately upon its. passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OFT E TOWN OF
MARANA, ARIZONA, this 18t" day of November, 2008.
Mayor E 3 Honea
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REC,pIiDED IIY: MRB PAGE: 4581
DEPUTY RECORDER of PSI
~~q NO . OF PAGES : 18
1562 PE-1 ~'~ ~~'p~ SEQUENCE : 20082300861
TCCWB W\ 1 y 11/26/2008
CITY OF TUCSON-CITY CLERK ~~e'\ ~b AG 18:00
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INTERGOVERNIV/IENTAL AGREEI~IIENT
BETWEEN
NO. v- C~~--1 ( ,,.,,,, THE CITY OF TUCSON
Filed with the Se rata of S tts PIMA COUNTY ~
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THE CITY OF SOUTH TUCSON
Secretary 'fate THE TOWN OF MARANA
BY, AND
THE TOWN OF SAHUARITA
for the establishment ofa
JOINT ENTERPRISE ZONE COMMISSION
INTERGOVERNMENTAL AGREEMENT, entered into this lath day of
November , 2008, pursuant to title 11, Chapter 7, Article 3, A.R.S., by and
between the City of Tucson, a municipal corporation, hereinafter sometimes .
- referred to as "Tucson", the city of South Tucson, a municipal corporation,
hereinafter sometimes referred to as "South Tucson", the Town of Marana,
hereinafter sometimes referred to as "Marana'; the Town of Sahuarita,
hereinafter sometimes referred to as "Sahuarita", and Pima County.
WHEREAS, the Arizona Department of Commerce has initiated an
enterprise zone program pursuant to A.R.S. Sec.. 41-1521, et seq.; and`
WHEREAS, the Pima County, the cities of Tucson and South Tucson, and
` the town of Marana and Sahuarita desire to participate in the state enterprise
zone program; and
WHEREAS, A.R.S. Sec. 41-1522 provides that a county and adjacent -
cities, through their respective governing bodies, may jointly participate in the ,
enterprise zone program by establishing a Joint Enterprise Zone Commission by
` - Intergovernmental Agreement,. and
City Clerk Note:
Pursuant to A.R.5. §1T-952-G, filed
with. the. Secretary of State. on
December.. 24, 2008, File No. 305.41.
(RWR:dsc)
City of Tucson Contract,# 16120 .
Exhibit A to Resolution No. _ .211:52
WHEREAS, A.R.S. Sec. 41-1524 provides that and Enterprise Zone
Commission may apply to the Department of Commerce to designate a qualified
area as an enterprise zone; and
WHEREAS, the Pima County, the cities of Tucson and South Tucson, and
the towns of Marana and Sahuarita have determined that entry into this
Intergovernmental Agreement in order to establish a Joint Enterprise Zone
Commission, and to submit an application to the Department of Commerce for
the designation of an enterprise zone, is in the public interest,
NOW, THEREFORE, PURSUANT TO THE ABOVE AND IN
CONSIDERATION OF THE COVENTANTS AND CONDITIONS HEREAFTER
SET FORTH, Pima County, the cities of Tucson and South Tucson, and the
towns of Marana and Sahuarita do mutually agree as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a joint enterprise zone
commission pursuant to A.R.S. Sec. 41-1522, to be known as the Tucson Pima
Enterprise Zone Commission, and define its authority and duties.
II. ESTABLISHMENT OF COMMISSION
Upon execution of this Agreement by all parties, there is established a
Tucson Pima Enterprise Zone Commission ("Commission"), which shall consist
of the Chairperson of the Pima County Board of Supervisors, the mayors of
South Tucson, Marana, and Sahuarita, and the Mayor and two Council members
of the City of Tucson who shall serve as the Tucson Pima Enterprise Zone
Commission.
I11. ZONE ADMINISTRATOR
The Senior Vice President for Business Development of Tucson Regional
Economic Opportunities (TREO), as the regional representative of the governing
bodies participating in this agreement, shall be appointed to serve as Zone
Ill
Administrator pursuant to A.R.S. Sec. 41-1522.
IV. AUTHORITY AND DUTIES OF COMMISSION
The Commission shall identify the area described in Exhibit A to this
Agreement as an enterprise zone and shall apply for designation of this area as
2
provided in A.R.S. § 41-1524. The Tucson Pima Enterprise Zone Commission is
authorized to, and shall perform, all the duties contained in A.R.S. Sec. 41-1522
to 41-1528, except that designation or renewal of designation of enterprise zone
boundaries is subject to prior approval by all parties.
V. FINANCE AND ADMINISTRATIVE SUPPORT
Staff from Pima County, the cities of Tucson and South Tucson, and the
towns of Marana and Sahuarita will cooperatively provide administrative support
to the Enterprise Zone Commission under the direction of the Zone
Administrator.
VI. INSURANCE AND LIMITATION OF LIABILITY
Each party agrees to hold the other party harmless by reason of its
individual activities hereunder and each party shall be solely responsible for its
own acts of omissions by reason of its operations under this Agreement.
VII. TERM OF AGREEMENT
The agreement shall continue until it is terminated pursuant to section VIII
hereof.
VIII. TERMINATION
This Agreement may be terminated at any time by any party hereto giving
not less than 30 days written notice to the other parties.
IX. LEGAL JURISDICTION
Nothing in this Agreement is to be construed as either limiting or extending
the jurisdiction of Pima County, the cities of Tucson and South Tucson, or the
towns of Marana and Sahuarita.
X. EFFECTIVE DATE
This Agreement shall become effective upon its filing with the Secretary of
State pursuant to A.R.S. Sec. 11-952(g).
XI. CANCELLATION
This Agreement may be canceled pursuant to A.R.S. § 38-511, the
pertinent provisions of which are incorporated herein by reference.
XII. Non-Discrimination.
The parties shall not discriminate against any employee, or any other
individual in any way because of that person's age, race, creed, color, religion,
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sex, disability or national origin in the course of carrying out duties pursuant to
this Agreement. The parties shall comply with applicable provision of Executive
Orders 75-5, and amended by Executive Order 99-4, which are incorporated into
this Agreement by reference as if set forth in full herein.
XIII. Compliance with Americans with Disabilities Act.
The parties shall comply with all applicable provision of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 1 21 01-1 221 3) and all
applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
4
CITY OF TUCSON,
a municipal,. rporation ,.
By:
Mayor
Date; November 18, 2008
ATTEST:
By:
City Clerk
Date: November 18, 2008
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the City of Tucson, Pima County, the
City of South Tucson, the Town of Marana, and the Town of Sahuarita has been
reviewed pursuant to A.R.S. § 11-952 by the undersigned who has determined
that it is in proper form and is within the powers and authority granted to the City
of Tucson under the laws of the State of Arizona.
City Attorney
Date: / ~- ~/- ~ ~
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PIMA COUNTY
By:
Chairperson NOV 1 8 ~QQ$
ATTEST:
By:
Clerk of the Board of Supervisors
Deputy County A
_ APPROVED AS TO FORM:
CITY OF SOUTH TUCSON,
A municipal corporation
By:
M Y ~ l1 l~CS~
ATTEST:
City Clerk
APPROVED S TO FO
City Attorney
City of South Tucson
TOWN OF MARANA
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ATTEST:
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TOWN OF SAHUARITA
A municipal corporation
Gy: J`n ~
Mayor
ATTEST:
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APPROVED AS TO FORM:
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City Attorney
Town of Sahuarita
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1;xhibit A to exhibit A to Resolution 21152
RESOLUTION NO. 2008- 302
A RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITIES
OF TUCSON AND SOUTH TUCSON
AND THE TOWNS OF MARANA AND SAHUARITA
TO RE-ESTABLISH AN ENTERPRISE ZONE COMMISSION
WHEREAS, the Arizona Department of Commerce initiated an Enterprise Zone
program pursuant to A.R.S. § 41-1521, et seq., in order to improve economically
depressed areas through the development of job-creating uses; and
WHEREAS, Pima County and the Cities of Tucson and South Tucson and the
Towns of Marana. and Sahuarita have established an Enterprise Zone and desire
to renew the Enterprise Zone; and
WHEREAS, it is in the best interests of Pima County to have an Enterprise Zone
Commission formed pursuant to A.R.S. § 41-1522 file a renewal of the Enterprise
Zone;
NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors
authorizes the Chair of the Board to sign the attached Intergovernmental
Agreement with the City of Tucson, the City of South Tucson and the Towns of
Marana and Sahuarita, re-establishing a joint Enterprise Zone Commission.
Passed by the Board of Supervisors of Pima County, this 18th day of
November, 2008.
BOARD OF SUPERVISORS:
ichard Elias
Chair, Board of Supervisors
ATTEST:
Lori Godoshian
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Neil J. Konigsberg
Deputy County Atto
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CITY Off' SOUTH 'T'UCSON RESOI..UTION NO. OS-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
SOUTH TUCSON, APPROVING AND ADOPTING THE
INTERGOVERNMENTAL AGREEMENT ["IGA") BETWEEN THE CITY
OF SOUTH TUCSON, ARIZONA, ["SOUTH TUCSON"); THE CITY OF
TUCSON ["TUCSON"); PIMA COUNTY ["COUNTY"); THE TOWN OF
MARANA ["MARANA"); AND THE TOWN OF SAHUARITA
["SAIIUARITA") FOR THE ESTABLISHMENT OF A 30INT
ENTERPRISE ZONE COMMISSION, AUTHORIZING THE MAYOR TO
EXECUTE THE IGA AND DECLARING AN EMERGENCY TO EXIST
WHEREAS, the Arizona Department of Commerce has initiated an enterprise zone
program pursuant to A.R.S. § 41-1521, et seq.; and
WHEREAS, SOUTH TUCSON, TUCSON, COUNTY, MARANA and SAHUARITA
are empowered and authorized to enter into agreements with one another for joint or cooperative
action pursuant to A.R.S. § 11-951, et seq.; and
WHEREAS, A.R.S. § 41-1522 provides that a county and adjacent cities, through their
respective governing bodies, may jointly participate in the enterprise zone program by
establishing a Joint Enterprise Zone Commission by Intergovernmental Agreement; and
WHEREAS, A.R.S. § 41-1524 provides that an Enterprise Zone Commission may apply
to the Department of Commerce to designate a qualified area as an enterprise zone; and
WHEREAS, the COUNTY, the cities of Tucson and South Tucson, and the towns of
Marana and Sahuarita have determined that entry into this Intergovernmental Agreement for the
purpose of establishing a Joint Enterprise Zone Commission, and to submit an application to the
Department of Commerce for designation of an enterprise zone, is in the public interest; and
WHEREAS, the Mayor and Council desire to have this resolution presented at the next
council meeting on November 17, 2008; and
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WHEREAS, it is necessary for the preservation of the peace, health,, and safety of the
City of South Tucson, Arizona, that an emergency be declared to exist to assure timely joint
action on the IGA, and that this Resolution shall be effective immediately upon its passage and
adoption.
THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of South
Tucson, Arizona, that the City hereby gives formal approval to enter into the "IGA" and
authorizes execution of said "IGA" by empowering the Mayor of the City of South Tucson to
execute this Resolution and the "IGA".
IT IS FUR'T'HER RESOLVED that the immediate operation of the provisions of this
Resolution is necessary for the preservation of the public peace, health and safety, an emergency
is hereby declared to exist, and this Resolution shall be in full force and effect from and after its
passage by the City of South Tucson, Arizona.
PASSED AND ADOPTED by the Mayor and Council of the City of South Tucson,
Arizona, this ~~`'~``"d'ay of November, ?008.
CITY OF SOUTH TUCSON,
A Body Politic & Corporate
3 ennifer Eckstrom
ATTEST:
Marie Dolores Robles, City Clerk
APPROVED AS TO FORM:
,.
Hecto M. Figueroa, ity ttorney
2
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Adopted by Council ll - / a ~~
Ordina ce lk Resolution ~~
wn Irk Date
MARANA RESOLUTION N0.2008-153-
RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY, THE CITY OF 'TUCSON, THE CITY OF SOUTH TUCSON AND THE TOW1~1 OF
SAHUARTTA RELATING TO THE CREATION OF AN ENTERPRISE ZONE, AND
DECLARING AN EMERGENCY
WHEREAS the Arizona Department of Commerce initiated an enterprise zone program
pursuant to A.R.S. Sec. 41-1521, et seq; and
WHEREAS this program's intent is to improve economically depressed sections. of cities,
towns and counties ahrough the development `of job-creating uses; and
WHEREAS Pima County, the Town of Marana; the Town of Sahuarita, the City~of South
Tucson, and the City of Tucson have identified an area that meets the State's eligibility criteria
.for enterprise zone designation which is contained iri the map attached as Exhibit A hereto; and
WHEREAS. the Town f nds that it is in. the best interests of the citizens of the Town of
Marana to participate in an enterprise zone.
NOW, THEREFORE, BE TT :RESOLVED BY THE MAYOR AND COUNCIL OF THE.
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
Section 1: The Mayor is authorized to execute an intergovernmental agreement with Pima
County, the City~~oi<°Tucson,.the City of South Tucson and the Town of Sahuarita relating-to the
creation of an enterprise zone, in the form presented to the Mayor and Council concurrently with
this Resolution.
Section 2: The Mayor is authorized to take all actions necessary and appropriate to carry
. out his duties in his official capacity as:, a member of the Enterprise- Zone .Commission as
established in the~Intergovernmental Agreement referenced under Section l above.
Section 3: The Town Manager and Staff are authorized to undertake all otlier~ tasks
required to carry. out he terms, obligations and objectives of the intergovernmental agreement.
Section 4. It is necessary for the preservation of the peace, health, and safety of xhe Town
of Marana that this resolution become immediately effective; therefore, an emergency is hereby
declared to exist and this resolution shall be effective immediately upon its, passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OFT TOWN OF
MARANA, ARIZONA, this 18th day of November, 2008:
Mayor E 3 Honea
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Certificate of Clerk
Town of Sahuarita, Pima County, Af°izona
State of Arizona
County of Pima
Town of Sahuarita
I, Vicky Miel, the duly appointed, qualified, and acting Clerk of the Town of Sahuarita,
Pima County, Arizona, hereby certify and attest the attached to be a true and correct copy of
Resolution No. 2008-093, approving and authorizing execution of an Intergovernmental
Agreement with Pima County, the City of Tucson, the City of South Tucson, the Town of Marana,
and the Town of Sahuarita providing for the establishment of a joint enterprise zone commission
and declaring an emergency, which was approved by the Sahuarita Town Council on the 17`x'
day of November, 2008.
In Witness Whereof, I have hereunto set my hand and caused the official seal of the Town of
Sahuarita to be affixed hereunto this 20`h of November, 2008.
/,,
Vicky Miel, C, Town Clerk
STAPtTTA R~S~}LUTION l~T~. 2005-093
A RESOLUTION OF THE TOWN OF SAHUARITA, ARIZONA, RELATING TO ECONOMIC
DEVELOPMENT; APPROVING AND AUTHORIZING .EXECUTION OF AN
INTERGOVERNA~IENTAL AGREEMENT WITH PIMA COUNTY, THE CITY OF TUCSON,
THE CITY OF SOUTH TUCSON, THE TOWN OF I~~IARANA, AND THE TOWN OF
SAHUARITA PROVIDING FOR THE ESTABLISHMENT OF A JOINT ENTERPRISE ZONE
CONMSSION AND DECLARING AN EMERGENCY.
WHEREAS, the Arizona Department of Commerce initiated an enterprise zone program
pursuant to A.R.S. § 41-1521, et seq; and
WHEREAS, this program's intent is to improve economically depressed sections of to~~is,
cities and counties through the development ofjob-creating uses; and
WHEREAS, by ResolutionNo. 2003-68, adopted by the To~~l of Saliuarita on October 27,
2003, the Mayor and Council approved the establislunent of sucli an Enterprise Zone; and
WHEREAS, by Resolution No: 2003-69, adopted by the Town of 5ahuarita 27, 2003, the
Mayor and Council authorized the Town of Saliuarita to enter into an hntergovernmental Agreement
with the same entities for the purpose of establishing a1i Enterprise Zone Comnussion, and said
Intergovernmental Agreement has expired; and
WHEREAS, the Mayor and Council of the Town of Saliuarita have determined that it is izi
the best interest of the residents and the Town of Sahuaizta to enter into a new Intergovernmental
Agreement aIlowing the Tou~l to have a representative on the Enterprise Zone Comnussion; and
WHEREAS, it is necessary for the preservation of the peace, health, ?nd safety of tl.e Town
of Sahuarita that this resolution become inunediately effective.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Saliuarita, Arizona, as follows:
Seefion 1. The Town is hereby authorized to enter into the Intergovernmental Agreement
between the City of Tucson, Pima County, the City of South Tucson, the To~~l of
Salmarita_ Arizona Resolution No, 2005-093 Page 1 of 2
r
Marana and the To~~i of Saliuarita, a copy of whicli is attached hereto as Exhibit
"A" and 'incorporated herein by this reference.
Section 2. Tlie Mayor of the Town of Sahuarita is hereby authorized and directed to execute
said Agreement on behalf of the Town of Sahuarita; and the Town staff is hereby
authorized and directed to take alI steps necessary to unplennent said Agreement and
give it effect.
Section 3. An emergency is hereby declared to exist and this resolution shall be effective
umi7ediately upon its passage and adoption.
Section 4. The various tovnl officers and employees are authorized and directed to perform all
acts necessary or desirable to give effect to this Resolution and sections of the Town
Code.
Section ~. A1I ordinances, resolutions, or motions and parts of ordinances, resolutions or
motions of the council in conflict with the provisions of this Resolution are hereby
repealed, effective as of the effective date of this Resolution. All internal references
witlnul the Town Code to any affected provision are hereby updated.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Resolution is
for any reason held to be invalid or unconstitutional by the decision of any court of
con7petent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof. y
PASSED AND ADOPTED by the Mayor and Council of the Town of Sahuarita, Arizona,
this 17t1i day of l~TOVember, 2008. i ~ ~ ~
Skelton
ATTEST:
Vicky Miel,
Town Clerk
APPROVED AS TO FORM:
Daiuel J. H c uli
To~Tn Attorney
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SahuaritaArizonaResolutionNo.'OOS-093 Page 2 of 2
F. ANN RODRIGUEZ, RECORDER
.,' ia..ECORDED BY: MRB
DEPUTY RECORDER
1562 PE-1
TCCWB
CITY OF TUCSON-CITY CLERK
PICK UP
DOCKET: 13442
PAGE: 4578
°e P~I~q
~~ ~`9~~0 NO . OF PAGES :
SEQUENCE : 3
20082300860
~
W I~x 11/26/2008
~~~ ~ ~b RES 18:00
`~BIZO~R'
PICKUP
AMOUNT PAID $ 7.00
ADOPTED BY THE
MAYOR AND COUNCIL
November 18, 2008
RESOLUTION NO. 21152
RELATING TO INTERGOVERNMENTAL AGREEMENTS; APPROVING AND
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH PIMA COUNTY, THE CITY OF SOUTH TUCSON, THE TOWN OF
MARANA AND THE TOWN OF SAHUARITA; PROVIDING FOR THE
ESTABLISHMENT OF A JOINT ENTERPRISE ZONE COMMISSION; AND
DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TUCSON, ARIZONA, AS FOLLOWS:
1. The Intergovernmental Agreement with Pima County, the City of South
Tucson, the Town of Marana and the Town of Sahuarita for the establishment of a Joint
Enterprise Zone Commission, attached hereto as Exhibit A, is approved.
2. The Mayor is authorized and directed to execute the Intergovernmental
Agreement for and on behalf of the City of Tucson and the City Clerk is directed to
attest the same.
3. The various City officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
4. WHEREAS, it is necessary for the preservation of the peace, health, and
safety of the City of Tucson that this resolution become immediately effective, an
{A0021586.DOC/}
emergency is hereby declared to exist and this resolution shall be effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Tucson, Arizona, November 18, 200
MAYO
ATTEST:
CITY CLERK
APPROVED AS O ORM:
Q
C TY EY
REVIEWED BY:
CI NAGER
MIND/dc
11/3/2008 2:39 PM
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Certificate of CCerk
• City of ~Iucson ~
State ofArizonac
ss
County of Pima
I, Roger W. Randolph, the City Clerk of the City of Tucson, Arizona, do
hereby certify that the foregoing is a true and correct copy of Resolution No.
21152 which was passed and adopted by the Mayor and Council of the City of
Tucson, Arizona, at a meeting held on November 18, 2008, at which a quorum
was present.
In Witness Whereof, I have hereunto set my hand and affixed the seal of
the City of Tucson, Arizona on November 24, 2008.
Total of 2 pages
(Exhibits not included)
City Clerk