HomeMy WebLinkAboutResolution 2010-069 defining and regulating hunting areas within the townMARANA RESOLUTION N0.2010-69
RELATING TO RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXE-
CUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND
FISH COMMISSION AND THE TOWN. OF MARANA DEFINING AND REGULATING
HUNTING AREAS WITHIN THE TOWN OF MARANA
WHEREAS the Arizona Game and Fish Commission has authority to regulate hunting un-
der A.R.S. § 17-231 (A)(3) and to execute agreements under A.R.S. § 17-231 (B)(7) and the
Town of Marana has authority to approve and post recommended hunting areas under
A.R.S. § 13-3107(C)(3); and
WHEREAS the Town of Marana and the Arizona Game and Fish Commission desire to enter
into an intergovernmental agreement for the purpose of defining and regulating hunting areas within
the Town of Marana; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The Town Council hereby approves the intergovernmental agreement between
the Arizona Game and Fish Commission and the Town of Marana, attached to and incorporated by
this reference in this resolution as Exhibit A, 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 obj ectives of
the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 20th day
Mayor E Honea
ATTEST:
ce C. B son, Town Clerk
APPROVED AS TO FORM:
~~
-'f ~ y ,~
~' rank ;C~lssidy, Town torney
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARIZONA GAME AND FISH COMMISSION
AND
THE TOWN OF MARANA
Pursuant to A.R.S. § 11-952, et seq., this Intergovernmental Agreement ("Agreement") is made this
day of , 2010, between the State of Arizona, by and through the Arizona Game
and Fish Commission ("Commission") and the Town of Marana ("Town") (collectively "Parties" and
singularly "Party").
WHEREAS, the Town of Marana desires to allow the discharge of firearms to the general public
to the extent and location where such activities are deemed safe and practical within the Town of
Marana and the Arizona Game and Fish Commission desires to define hunting areas to allow the
discharge of firearms by licensed hunters to the extent and location where such activities are
deemed safe and practical within the Town of Marana;
WHEREAS, the Commission has authority to regulate hunting under A.R.S. § 17-231 (A)(3) and
to execute agreements under A.R.S. § 17-231 (B)(7), and the Town has authority under
A.R.S. § 13-3107 (C)(3) to approve and post recommended hunting. areas, and both Parties have
authority under A.R.S. § 11-952 to enter into intergovernmental agreements;
WHEREAS, the Arizona Game and Fish Department ("Department") acts under the authority of
the Commission;
WHEREAS, this Agreement does not relieve either Party of any obligation or responsibility
imposed upon it bylaw;
NOW, THEREFORE, in consideration of mutual promises, it is agreed by the Parties that:
1. Subject to the requirements and provisions under State law and the Town of Marana Code, the
areas of unoccupied and open space within the Town of Marana, labeled as "Open" on
Exhibit A, attached to this Agreement and incorporated herein by reference, are recommended
as hunting areas by the Commission and are approved as such by the Town and shall remain
open to the discharge of firearms by properly licensed hunters pursuing. wildlife during an open
hunting season. All those areas identified as "Closed" in Exhibit A are specifically designated
as areas where hunting with firearms is prohibited. The Town and the Department shall
coordinate the placement of signs and the provision of notice regarding the areas identified
under this Agreement.
2. Upon mutual agreement, the Town and Department may amend this Agreement to:
(a) designate additional lands within the Town as hunting areas, including without limitation
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additional unoccupied and open lands which may be annexed by the Town and (b) close areas
or revise areas which have been deemed unsafe for firearms discharge or hunting by the Chief
of Police or the Director of the Department.
3. All or part of a designated area maybe immediately closed to the discharge of firearms by the
Chief of Police if, in the Chief of Police's determination, such closure is necessary to protect
the public health and safety. All or part of designated areas may be temporarily closed by the
Chief of Police, due to a special event being held in the Town of Marana, or around designated
areas.
4. Nothing herein shall be construed to allow the discharge of firearms within a '/ mile radius of
an occupied structure as prohibited under A.R.S. § 17-309(A)(4).
5. Nothing herein shall be construed to allow the discharge of firearms upon, from, across or into
a road or railway as prohibited under A.R.S. § 17-301(B).
6. Termination Generallv. Either Party may terminate this Agreement upon thirty (30} days'
written notice to the other Party.
7. Notices. All written notices concerning this Agreement shall be delivered in person or sent by
certified mail, return receipt requested, to the Parties as .follows:
A. For the Commission or the Department:
Larry D. Voyles, Director
5000 W Carefree Highway
Phoenix, Arizona 85086
B. For the Town of Marana
Chief of Police
11555 W. Civic Center Dr.
Marana, AZ 85653
8. Non-discrimination. In carrying out the terms of this Agreement, the Parties agree to comply
with Executive Order 99-4 prohibiting discrimination in employment, the provisions of which
are incorporated herein by reference.
9. Audit. Pursuant to A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and
other records relating to this Agreement shall be subject at all reasonable times to inspection
and audit by the State of Arizona for five (5) years after completion of this Agreement.
10. Effective Date and Duration. This Agreement shall not become effective until signed by all
Parties hereto. This Agreement shall remain in effect unless terminated by either Party
pursuant to paragraph 6 above.
11. Arbitration. To the extent required pursuant to A.R.S. § 12-1518, the Parties agree to use
arbitration to resolve any dispute arising under this Agreement, with each Party to bear its own
attorneys' fees and costs.
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12. Termination for Conflict of Interest. This Agreement is subject to termination pursuant to
A.R.S. § 38-511.
13.Other Agreements. ,This Agreement in no way restricts either Party from participating in
similar activities with other public or private agencies, organizations, or individuals.
14. Compliance with Applicable Law. All work performed pursuant to this Agreement shall be in
compliance with all applicable state and federal laws and regulations.
15. Integration. This Agreement constitutes the entire agreement between the Parties pertaining to
the subject matter herein and accurately sets forth the rights, duties, and obligations of each
Party. All prior or contemporaneous agreements. and understandings, oral or written, are
hereby superseded and merged herein. The provisions of this Agreement may be abrogated,
modified, rescinded, or amended in whole or in part only by mutual written consent executed
by the Parties.
16. Severabilitv. In the event that any provision of this Agreement or portion thereof is held
invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this
Agreement and shall have no effect on the remaining provisions of this Agreement, which shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date below:
TOWN OF MARANA
Ed Honea
Mayor
7--~a -/D
[Date]
AND FISH
L"arty D. Voyles ~ /
Secretary to the Commission
Director, Arizona Game and Fish Department
~ ~~ ~zo`o
[Date]
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CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between the Town of Marana and the Arizona
Game and Fish Commission is in proper form and is within the powers and authority of each Party
hereto granted under the laws of the State of Arizona to such Party.
Attorney for Date
Arizona Game and Fish Commission
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