HomeMy WebLinkAboutResolution 2010-046 amendment to the extension of IGA regarding tucson water service area within the town limitsMARANA RESOLUTION N0.2010-46
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AND EXTENSION OF THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WITHIN THE TOWN LIMITS OF THE
TOWN OF MARANA
WHEREAS the City of Tucson and the Town of Marana entered into an
intergovernmental agreement regarding Tucson water service within the Marana town boundaries
recorded in the Pima County Recorder's office on December 13, 2000 at Docket 11444, Page
1792 (the "Original IGA"); and
WHEREAS, among other things, the Original IGA set forth the terms for Tucson to
provide New Water Service within the Marana town limits but outside the Dove Mountain
Service Area and the Continental Ranch Service Area; and
WHEREAS, the Original IGA had afive-year term which ended on December 13, 2005;
and
WHEREAS, the Parties now desire to extend the Original IGA for seven years,
retroactive to the termination date of the Original IGA, in order to give the Parties sufficient time
to negotiate one or more new long-term intergovernmental agreements addressing, among other
things, (1) the terms of continued water service by Tucson to Tucson customers within the
Marana town limits. but outside the Dove Mountain Service Area and the Continental Ranch
Service Area, (2) the "wheeling" of water from Tucson infrastructure to Marana customers in
areas proximate to but outside Tucson's established water service area and within the Marana
town limits, (3) effluent ownership based on potable source-water deliveries to customers within
the Town of Marana, (4) a utility franchise for Tucson's continued use of public rights-of--way
within Marana, addressing coordination and financial obligations to relocate Tucson water
facilities to accommodate the construction of public improvements, and (5) the terms for
transferring from Tucson to Marana ownership of the water infrastructure serving the Sunset
Ranch Estates area; and
WHEREAS the Town Council finds that the proposed extension is in the best interests of
the Town and its residents and landowners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The "Amendment to and Extension of Intergovernmental Agreement
between the City of Tucson and the Town of Marana regarding Tucson Water Service Area
within the Town Limits of the Town of Marana" attached as Exhibit A to and incorporated by
Marana Resolution No. 2010-46 - 1 - {00020784.DOC /}
this reference in this resolution is hereby approved, and the Mayor is hereby authorized to
execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
G--'`
Mayor d H nea
ATTEST:
J celyn C. ronson, Town Clerk
APPROVED AS TO FORM:
,,
...,~ ~ ~ - . ,_ s
f/ Frank Cassidy, Town Af rney
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Marana Resolution No. 2010-46 - 2 - {00020784.DOC /}
r : F. ANN RODRIGUEZ, RECORDER DOCKET: 13814
RECORDED BY: K O PAGE: 4119
DEPUTY RECORDER
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CITY OF TUCSON-CITY CLERK N\
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TUCSON AZ 85701 PICKUP
AMOUNT PAID $ 7.00
AMENDMENT TO AND EXTENSION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WITHIN
THE TOWN LIMITS OF THE TOWN OF 11/IARANA
This amendment (this "Amendment") is entered into by and between the CITY OF
TUCSON, an Arizona municipal corporation ("Tucson") and the TowN of MARANA, an Arizona
municipal corporation ("Marana"). Tucson and Marana are collectively referred to as the
"Parties," either one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into an intergovernrental agreement regarding Tucson water
service within the Marana town boundaries recorded in the Pima County Recorder's office on
December 13, 2000 at Docket 11444, Page 1792 (the "Original IGA").
B. Among other things, the Original IGA set forth the terms for Tucson to provide New
Water Service within the Marana town limits but outside the Dove Mountain Service Area and
the Continental Ranch Service Area.
C. The Original IGA had afive-year term which ended on December 13, 2005.
D. The Parties now desire to extend the Original IGA for seven years, retroactive to the
termination date of the Original IGA, in order to give the Parties sufficient time to negotiate one
or more new long-term intergovernmental agreements addressing, among other things, (1) the
terms of continued water service by Tucson to Tucson customers within the Marana town limits
but outside the Dove Mountain Service Area and the Continental Ranch Service Area, (2) the
"wheeling" of water from Tucson infrastructure to Marana customers in areas proximate to but
outside Tucson's established water service area and within the Marana town limits, (3) effluent
ownership based on potable source-water deliveries to customers within the Town of Marana,
(4) a utility franchise for Tucson's continued use of public rights-of--way within Marana,
addressing coordination and financial obligations to relocate Tucson water .facilities to
accommodate the construction of public improvements, and (5) the terms for transferring from
Tucson to Marana ownership of the water infrastructure serving the Sunset Ranch Estates area.
E. This Amendment is an intergovernmental agreement under A.R.S. § 11-952.
AGREEMENT
Now, THEREFORE, in consideration of the promises and the mutual obligations c~~ta~ri~c~;'y:~~ ;~~,~
in this Amendment, the Parties hereby agree as follows: °~ N ,.• ° ~ - ~;,, ' a ,
b ~ ., t
1. Retroactive Extension of the Original IGA. The Original IGA is hereby retroacti~el~i ,_ ~' `_
extended for a period of seven years from the December 13, 2005 termination: date of the -: ' `r-'
Original IGA to December 13, 2012. ,~ ~- ,
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ExH%Tiit A to R~solut'on No 2i5~5~
City of Tucson Contract Nos 0~4$=0'
{00005200.DOC / 4} - 1 - 4/27/2010 4:53 ~'~ t;'' ~'
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2. Effect on Valuation of Water System. Should there be an appraisal of any portion of
Tucson's water system within Marana, the parties agree that the appraisal shall exclude the value
of any New Water Service connections accomplished by the installation of a water meter only on
or after the effective date of this Amendment. New Water Service connections that will have also
required line extensions shall be included in the appraisal.
3. Negotiation of Long-Term Agreements. The Parties shall negotiate in good faith to
reach one or more long-term agreements addressing water resource, service, delivery, and
ownership issues, including, but not limited to, those issues addressed in recital D above.
4. Effect of this Amendment. Terms in this Amendment shall be defined as set forth in the
Original IGA, and except as specifically modified by this Amendment, the terms of the Original
IGA shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last signature
date below, which shall be the effective date of this Amendment.
TOWN OF MARANA, CITY OF TUCSON,
an Arizona municipal . rporation an Arizona m al corpor
By:
By:
Ed H ne ,Mayor Robert alkup, Mayor.
Date: ~- --/D Date: May 18. 2.010 ~ `"
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ATTEST: ATTEST: ~' .~ .s
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m .W
own Cle City Clerk ~
Date: May 18~.~~-'~~-0 4 =~
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ATTORNEY CERTIFICATION
~ tt '
The undersigned attorneys for the City of Tucson and the Town of Marana have determined,
each as to their respective client only, that this intergovernmental agreement ~s° in proper form
and is within the powers and authority granted under Arizona law to the City of Tucson and the
Town of Marana.
~~'City Attorney
{00005200.DOC / 4} _ 2 _
4/27/2010 4:53 PM
(•r F. ANN RODRIGUEZ, RECORDER DOCKET: 13814
RECORDED BY: K O PAGE: 4116
DEPUTY RECORDER y°F ~I~.q NO. OF PAGES: 3
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TCCWB w _ ;~'~;~z 05/21/2010
CITY OF TUCSON-CITY CLERK xN -' ~ ~~ by RES
18:00
255 W ALAMEDA ~ItIZ01"`"
TUCSON AZ 85701 PICKUP
AMOUNT PAID $ .7.00
ADOPTED BY THE
MAYOR AND COUNCIL
Mav 18, 2010
RESOLUTION NO. 21555
RELATING TO WATER: AUTHORIZING AND APPROVING THE
EXECUTION- OF AN AMENDMENT TO AND EXTENSION OF THE 2000-
2005 WATER SERVICE INTERGOVERNMENTAL AGREEMENT WITH
THE TOWN OF MARANA; AND DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF TUCSON, ARIZONA, AS FOLLOWS:
SECTION 1. The Amendment to and Extension of the 2000 - 2005
Water Service Intergovernmental Agreement between the City of Tucson
and the Town of Marana to coordinate water services, attached hereto as
Exhibit "A", is approved.
SECTION 2. The Mayor is authorized and directed to execute the
said Amendment to and Extension of the 2000 - 2005 Water Service
Intergovernmental Agreement with the town of Marana for and on behalf
of the City of Tucson and the City Clerk is authorized and directed to attest
the same.
SECTION 3. The various City officers and employees are
authorized and directed to perform all acts necessary or desirable to give ~::: r; ,,
effect to this resolution. ' ;
,i.
SECTION 4. WHEREAS., it is necessary for the preservation for the
peace, health and safety of the City of Tucson that this resolution become
immediately effective, an 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 Mav 18, 2010
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
. w .: n. _ ..............M _r~.,.~..~ ~.~
~~.., ~ -
~ CITY ATTORNEY ~ ~~
~MD/tl'
5/11/10
REVIEWED BY:
~:~
CITY ANAGER
Yi
{A0028276.DOC/} 2
c~.~a~ ofcce~,
• City of Tucson •
State ofArizona
County of ~'ima ss
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.
21555 which was passed and adopted by the Mayor and Council of the City of
Tucson, Arizona, at a meeting held on May 18, 2010, 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 May 21, 2010.
Total of 2 pages
(Exhibit not included)