HomeMy WebLinkAboutResolution 2008-165 IGA with oro valley for water service to the new life baptist churchMARANA RESOLUTION NO. 2008-165
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY FOR
WATER SERVICE TO THE NEW LIFE BAPTIST CHURCH LOCATED IN MARANA
WHEREAS the New Life Baptist Church owns an approximately 11.34-acre vacant parcel of
land located at the northwest corner of Cortaro Farms Road and Star Grass Drive, located in the
Town of Marana and within the Marana Water Department service area and more particularly de-
scribed in the intergovernmental agreement that is the subject ofthis agreement (the Subject Prop-
erty); and
WHEREAS the New Life Baptist Church desires to begin construction of improvements on
the Subject Property, and needs water service for fire flow and potable water purposes; and
WHEREAS water service to the Subject Property is necessary for the health, safety and wel-
fare of the public on and in the vicinity of the Subject Property; and
WHEREAS the Town of Oro Valley owns and operates a water utility that serves the area
immediately adjacent to the Subject Property and currently serves the Northwest Fire District fire
station bordered on two sides by the Subject Property pursuant to an intergovernmental agreement
for water service that was approved by the Marana Town Council by the adoption of Resolution
No. 2007-37 on March 20, 2007; and
WHEREAS the Town of Oro Valley has agreed to provide water service to the Subject Prop-
erty until Marana can hook up its own water service to this location; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the
Town and the public are served by entering into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TO WN OF MARANA, that the intergovernmental agreement between the Town of Marana and the
Town of Oro Valley attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staffare hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
{FC0637.DOC /} - 1 - 12/8/2008 1029 PM FJC
PASSED AND ADOPTED by the Mayor and Council ofthe
16`" day of December, 2008.
ATTEST:
d
ocelyn C. ronson, Town Clerk
Town ofMarana, rizona, this
%~„'~~
Mayor d Honea
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{FC0637.DOC /} - 2 - 12/8/2008 1029 PM FJC
APPROVED AS TO FORM:
F. ANN RODRIGUEZ, RECORDER DOCKET: 13475
RECORDED BY: K O PAGE: 177
DEPUTY RECORDER of Pal
~q NO. OF PAGES: 7
1861 PE-2 ~'~ i,i.~0 SEQUENCE: 20090100096
S~'~ W"1 I ~ ,~z 01/15/2009
TOWN OF MARANA ~'C \ ~ , II t AG 11:51
ATTN: TOWN CLERK `9k\\IZ013Q'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 9.00
INTERGOVERNMENTAL AGREEMENT
BETWEEN
TOWN OF MARANA
AND
THE TOWN OF ORO VALLEY
FOR WATER SERVICE TO THE
NEW LIFE BAPTIST CHURCH
This Intergovernmental Agreement ("IGA") is entered into by and between the
Town of Marana, a political subdivision of the State of Arizona ("Marana") and the
Town of Oro Valley, a municipal corporation ("Oro Valley"), collectively referred to as
the "Parties", pursuant to A.R.S. § 11-952.
RECITALS
WHEREAS, Marana and Oro Valley may contract for services and enter into
agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951,
et seq.; and
WHEREAS, Marana and Oro Valley agree that the New Life Baptist Church
(hereinafter referred to as the "Property"), located in Marana (which Property is
described in Exhibit "A" attached hereto), requires water service for the health, safety
and welfare of the residents surrounding the Property; and
WHEREAS, it is currently not economically feasible for Marana to provide water
service to the Property; and
WHEREAS, Marana desires that Oro Valley provide temporary water service to
the Property until such time that Marana can hook up its own water service to the
Property; and
WHEREAS, Oro Valley can temporarily provide water service to the Property
until such time that Marana can hook up its own water service to the Property; and
WHEREAS, for the health, safety and welfare of the residents surrounding the
Property, Oro Valley shall provide water service to the Property until Marana can provide
its own water service to the Property.
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein set forth, the Parties agree as follows:
AGREEMENT
1. Marana's Responsibilities
A. Marana agrees to permit Oro Valley to provide water service to the Property
until such time that Marana can provide its own water service to the Property.
B. Marana agrees to permit Oro Valley to provide water service to the Property
in accordance with Oro Valley's standard water service rates, fees and
commitments to existing customers.
C. Marana shall have no right to reimbursement from Oro Valley for any portion
of the cost of construction and installation of the water supply line and
facilities to the Property.
D. Marana hereby agrees to cooperate with Oro Valley to connect the Property to
the Marana water service and disconnect the Property from the Oro Valley
water service when Marana water service becomes available to the Property.
2. Oro Valley's Responsibilities
A. Oro Valley shall provide water service to the Property.
B. Oro Valley shall charge standard water development fees to the Property. All
fees collected will be revenues to Oro Valley and no credits will be paid to
Marana or the Property now or at the time of disconnection from Oro Valley
water service.
C. Oro Valley shall charge and collect the standard water rates to the Property
based upon usage. All water rates charges collected by Oro Valley will be
revenues to Oro Valley so long as water service is provided by Oro Valley.
D. Oro Valley hereby agrees to cooperate with Marana to connect the Property to
the Marana water service and disconnect the Property from the Oro Valley
water service when Marana water service becomes available to the Property.
3. Termination. Either party may terminate this Agreement for material breach of
the Agreement by the other Party. Prior to any termination under this paragraph, the
Party allegedly in default shall be given written notice by the other Party of the nature of
the alleged default. The Party said to be in default shall have forty-five (45) days to cure
the default. If the default is not cured within that time, the other Party may terminate this
Agreement. Any such termination shall not relieve either Party from liabilities or costs
already incurred under this Agreement.
4. Non-assignment. Neither Party to this Agreement shall assign its rights under
this Agreement to any other party.
2
5. Amendments. This Agreement may be modified, amended, altered or changed
by written agreement signed by both Parties.
6. Construction and Interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the Parties as expressed in the recitals
hereof.
7. Captions and Headings. The headings used in this Agreement are for
convenience only and are not intended to affect the meaning of any provision of this
Agreement.
8. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action shall have
no effect on other provisions and their application, which can be given effect without the
invalid or void provision or application, and to this extent the provisions of the
Agreement are severable. In the event that any provision of this Agreement is declared
invalid or void, the Parties agree to meet promptly upon request of the other Party in an
attempt to reach an agreement on a substitute provision.
9. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-
511.
10. Ownership of Improvements. Ownership and title to all materials, equipment
and appurtenances installed pursuant to this Agreement shall automatically vest in Oro
Valley upon completion of the Project.
11. Legal Jurisdiction. Nothing in this Agreement shall be construed as either
limiting or extending the legal jurisdiction of Oro Valley or Marana.
12. No Joint Venture. It is not intended by this Agreement to, and nothing contained
in this Agreement shall be construed to, create any partnership, joint venture or
employment relationship between the Parties or create any employer-employee
relationship between Oro Valley and Marana employees, or between Marana and Oro
Valley employees. 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 itself or any of its employees. ~~u
~:
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13. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is '~~~"
intended to create duties or obligations to or rights in third parties not parties to this `=.N
A eement or effect the le al liabilit of either Part to the A eement b im osin an ~C''G
gr g Y Y ~' Y p g Y a~;
standard of care different from the standard of care imposed by law. ;~,~~
14. Compliance with Laws. The Parties shall comply with all applicable federal,
state and local laws, rules, regulations, standards and executive orders, without limitation
to those designated within this Agreement.
3
a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive
Order Number 99-4 issued by the Governor of the State of Arizona are
incorporated by this reference as a part of this Agreement.
b. Americans with Disabilities Act. This Agreement is subject to all
applicable provisions of the Americans with Disabilities Act (Public Law
101-336,42 U.S.C. 12101-12213) and all applicable federal regulations
under the Act, including 28 CFR Parts 35 and 36.
15. 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.
16. 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:
Marana
Town of Marana Utilities Director
5100 West Ina Road
Tucson, Arizona 85743
Town of Oro Valley
Water Utility Director
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Cc: Town Attorney
Town of Marana
11555 W. Civic Center Drive
Marana, Arizona 85653
Cc: Town Attorney
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
17. 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 in equity or by virtue of this Agreement.
18. Entire Agreement. This instrument 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.
4
IN WITNESS WHEREOF, the Town of Oro Valley and the Town of Marana
have caused this Ageement to be executed by the Mayor and Council of the Town of
Oro Valley and the Town of Marana, upon resolution of the their respective Mayor and
Council and attested to by the Clerk of Marana and the Town of Oro Valley.
TOWN OF MARANA
~~~~
Eddie Honea, Mayor
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST:
celyn ron/son, Town Clerk
Date: ~i ~ / /(e ~d~.
ATTEST:
K ` yn E. Cuvelier, Town Clerk
Date: ~ ~ ~ `~
5
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Town of Marana and the Town of Oro
Valley has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who
have 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.
TOWN OF MARANA:
F C idy, Town At ey
/ ~L per'
Date
TOWN OF ORO VALLEY:
-- ___.
Tobin Rosen, Town Atto
l ~~ L~`~i
Date
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RESOLUTION NO. (R) 09- n i
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ORO VALLEY AND THE TOWN OF MARANA FOR WATER SERVICE
TO THE NEW LIFE BAPTIST CHURCH
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested
with all associated rights, privileges and benefits and is entitled to the immunities and
exemptions granted municipalities and political subdivisions under the Constitution and laws of
the State of Arizona and the United States; and
WHEREAS, pursuant to A.R.S. § 11-952, the Town of Marana ("Marana") and the Town of
Oro Valley ("Oro Valley") may contract for services and enter into agreements with one another
for joint or cooperative action; and
WHEREAS, pursuant to A.R.S. 9-511, et seq., the Town has the requisite statutory authority to
acquire, own and maintain a water utility for the benefit of the landowners within and without
the Town's corporate boundaries; and
WHEREAS, Marana and Oro Valley agree that the New Life Baptist Church (the "Property"),
located in Marana, requires water service for the health, safety and welfare of the residents
surrounding the Property; and
WHEREAS, it is currently not economically feasible for Marana to provide water service to the
Property; and
WHEREAS, Marana desires that Oro Valley provide temporary water service to the Property
until such time that Marana can hook up its own water service to the Property; and
WHEREAS, Oro Valley can temporarily provide water service to the Property until such time
that Marana can hook up its own water service to the Property; and
WHEREAS, for the health, safety and welfare of the residents surrounding the Property, Oro
Valley shall provide water service to the Property until Marana can provide its own water service
to the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA:
1. That the Intergovernmental Agreement between the Town of Oro Valley and the
Town of Marana to provide temporary water service to the New Life Baptist Church,
attached hereto as Exhibit "A", is hereby approved.
\\Legal\sharefiks\Water U~ili[yUGA'sWew Life Baptisr ChurchVtesolution.doc Town or Oro Valley Atmmey's Office//ca/12090g
2. That the Mayor of the Town of Oro Valley and other administrative officials are
hereby authorized to take such steps as necessary to execute and implement the terms
of the Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 7th day of Ta~r}~ , 2009.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST:
Katl'~ryn Cuvelier, Town Clerk
Date
/-~-~~
APPROVED AS TO FORM:
_....._.,...._..~._.w.....~..~ ..
...... J~_-~-..
Tobin Rosen, Town Attorney
Date: t'a ~~ r`
\U..egal~sharef les\Wawr UlilityUGA's\New Life Baptise Church~Resolurion.do< Town or Oro Valley Anomey's Office//ca/120908