The URL can be used to link to this page

Home My WebLink AboutResolution 2010-041 first amendment to IGA with northwest fire and marana unified school districtMARANA RESOLUTION N0.2010-41 RELATING TO INTERGOVERNMENTAL RELATIONS; ' APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF MARANA, NORTHWEST FIRE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE AND GENERAL COOPERATION WHEREAS the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 entered into an intergovernmental agreement for development review and inspec- tion, facility use and general cooperation; and WHEREAS .the Town Council finds that amending the intergovernmental agreement is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. That the first amendment to the intergovernmental agreement among the Town of Marana, Northwest Fire District and Marana Unified School District attached to and. incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town. SECTION 2: The Town's Manager and staff are hereby directed and authorized to uader- take all other and further tasks required or beneficial to carry out the terms, obligations and ob- jectives of the first amendment to the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF -THE TOWN OF MARANA, ARIZONA, this 4th day of May 2010. e,~iii~~l/®,'I v ~A* e ~ Mayo Ed onea ,~ a GSr.~~.3 ATTEST: '~~oa,~Z elyn ronson, Town Clerk {00020665.DOC /} APPROVED AS TO FORM: F. ANN RODRIGUEZ, RECORDER DOCKET: 13819 RECORDED BY: LLW PAGE: 1413 ' DEPUTY RECORDER y°F P~I~ NO. OF PAGES : 6 1956 PE-2 ~~ ~~'p~ SEQUENCE : 20101030330 SMARA w~ ~ #Z 05/28/2010 TOWN OF MARANA ~~~~~ ~ AAG 15:15 ATTN: TOWN CLERK `9$IZO1`ZQ' 11555 W CIVIC CENTER DR Mp,IL MARANA AZ 85653 AMOUNT PAID $ 8.50 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AMONG TOWN OF MARANA, NORTHWEST FIRE DISTRICT, AND MARANA UNIFIED SCHOOL DISTRICT N0.6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL COOPERATION This First Amendment to the intergovernmental agreement for development review and inspection, facility use and general cooperation (this "Amendment") is entered into by and- among the Town of Marana, an Arizona municipal corporation ("Town"), Marana Unified School District No. 6, a political subdivision of the state of Arizona ("School District"), and Northwest Fire District, an Arizona special taxing district ("Fire District"). Town, School District and Fire District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an intergovernmental agreement for development review and inspection, facility use and general cooperation which was recorded in the office of the Pima County Recorder on March 18, 2010 at Docket 13768, Page 1096 (the "Original IGA"). B. The Original IGA provided that the agreement would become effective on or upon filing with the Pima County Recorder and the State Board of Education, whichever filing occurred last, after having been approved by the Parties. C. The State Board of Education does not accept documents for filing; therefore, this Amendment is executed to clarify the effective date of the Original IGA. AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Amendment, the Parties agree as follows: 1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this reference. 2. Term. The Original IGA shall be effective retroactively from the date of recording with the office of the Pima County Recorder on March 18, 2010. The Parties agree that there is no requirement to file the Original IGA with the State Board of Education. 3. Effective Date. This Amendment shall become effective on or upon filing with the Pima County Recorder. 4. Other terms. Except as modified by this Amendment, all terms and provisions of the Original IGA shall remain in full force and effect and shall apply to this Amendment. (00020479.DOC / 2 } - 1 - 5. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6. Entire Agreement. This Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Amendment. by WITNESS wxExEOF, the Parties have executed this Amendment as of the last date set forth below their representatives' respective signatures. TOWN OF MARANA By: Ed Honea, ayor ATTEST: lyn Bro n, Town Clerk NORTHWEST FIRE DISTRICT By: Geo arter, Board Chairman ATTEST: C ~t%~Cil Lee C. Mellor, Board Clerk MARANA UNIFIED SCHOOL DISTRICT By: Eric Brandriff, Board Pre ' ent ATTEST: Y~ Brenda Drury, Board Clerk °M.. { 00020479.DOC / 2 } - 2 - INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Amendment by and between the Town of Marana, Marana Unified School District No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Richardson, Attorney for the District Northwest F' District: ---~. T omas Be videz, Attorney for the District S"~=/~ Date Date Date ,~ { 00020479.DOC / 2 } - 3 - Marana Unified SchogYDistrict ATE. 6: RESOLUTION NO. 2010-017 A RESOLUTION OF THE BOARD OF THE NORTHWEST FIRE DISTRICT APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA AND THE MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL COOPERATION. WHEREAS, the Northwest Fire District (the Fire District ~ is an internationally accredited emergency medical, fire, and rescue services provider and an Arizona Fire District, organized under and existing pursuant to Title 48, Arizona Revised Statutes; and WHEREAS, the Fire District, the Town of Marana (the "Town's and the Marana Unified School District No. 6 (the "School District's entered into an intergovernmental agreement permitting common use of their facilities, personnel, equipment and services in order to minimize expense, improve service delivery and provide enhanced resources to the community for the benefit of their common citizens (the "Agreement'; and WHEREAS, the staffs of the Fire District, the Town and the School District have drafted an ,. „ amendment to the Agreement, attached hereto as Exhibit A and incorporated herein by t is reference (the "Amendment', that clarifies the effective date of the Agreement; and WHEREAS, the Fire District, the Town and the School District desire to avail themselves of all provisions of law applicable to the Agreement and desire to jointly exercise their powers as provided for in A.R.S. § 11-951 et seq.; and WHEREAS, the Governing Board of the Northwest Fire District has reviewed the Amendment to the Agreement and finds that entering into it is in the best interests of the Fire District and its residents. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Northwest Fire District that the Amendment, attached hereto as Exhibit "A," is hereby adopted, and Fire District officers and staff are hereby authorized to execute the Amendment and take all steps necessary and proper to carry out its intents and purposes. PASSED AND ADOPTED by the Governing Board of the Northwest Fire District at a duly noticed meeting held on April 27, 2010, by a majority of a quorum of the Governing Board Members. ATTEST: C Lee C. Mellor Clerk of the Board ~~ G e Carter oard Chair APP ED AS TO FORM: homas Benavidez District Attorney 1 of 2 Exhibit A [Amendment to Intergovernmental Agreement] 2of2