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Home My WebLink AboutResolution 2011-012 approving IGA with az game and fish MARANA RESOLUTION NO. 2011-12 RELATING TO RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BE- TWEEN 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 in 2010, the Town of Marana and the Arizona Game and Fish Commission en- tered 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 amend that 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 first amendment to the intergovern- mental agreement between the Arizona Game and Fish Commission and the Town of Marana, at- tached 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 objectives of the intergovernmental agreement as amended. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE OWN OF MA- RANA ARIZONA this 1 s ' day of Februar a l . 4 0 11. ,N��, ® �� i �� coR F�•�. Mayor Ed Honea low S FA L ATTEST: s ��e �� e APPROVED AS TO FORM: ® ®® ®, ® ®��ei ° °° o Clerk rank ssidy, To A ttorney {00024825.DOC /f Pik X_ FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION AND THE TOWN OF MARANA This First Amendment to the intergovernmental agreement for defining and regulating firearms hunting areas within the Town of Marana (this "Amendment ") is entered into by the Town of Marana, an Arizona municipal corporation ( "Town ") and the Arizona Game and Fish Commission, an Arizona state agency ( "Commission "). Town and Commission 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 defining and regulating firearm hunting areas within the Town of Marana (the "Original IGA "). The Town approved the Original IGA via Marana Resolution No. 2010 -69 on July 20, 2010. The Commission executed the Original IGA on September 9, 2010. B. A map detailing areas open and closed to hunting with firearms within the Town of Marana was attached to and incorporated by reference into the Original IGA as Exhibit A ( "Original Exhibit A "). C. Original Exhibit A provided that a portion of the land known as the Tortolita Preserve was included as an area open to firearms hunting; however, pursuant to paragraph 2(h) of a Habitat Preservation Agreement entered into by and among RedHawk Marana, LLC, Rita Land Corporation and Cottonwood Properties, Inc. and the Town of Marana and the United States Fish and Wildlife Service, which was recorded in the office of the Pima County Recorder on November 3, 2000 at Docket 11418, Page 1876, the use of firearms is prohibited in the Tortolita Preserve. D. The Parties now desire to amend the Original IGA to close to hunting with firearms that area of the Tortolita Preserve which was defined in Original Exhibit A as open to hunting with firearms. 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. Definition of Firearms Hunting Areas Original Exhibit A is hereby replaced and superseded by Exhibit Al, attached to this Amendment and incorporated in and fully made a part of the Original IGA by this reference. Subject to the requirements and provisions of Arizona 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 Al, 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 Al are specifically designated as areas where hunting {00024786.DOC /} - I - 2/1/2011 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. 3. 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. 4. 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. 5. 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. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last Party's signature date below. The "Town ": The "Commission ": THE TOWN OF MARANA, ARIZONA GAME AND FISH COMMISSION, an Arizo a uni /pal corporation an Ari na stat agenc Ed Hone4 La oyfes Mayor Setetary to the Commission '9 ��, Director, Arizona Game and Fish Department Date Date ATTEST: elyn r nson, Town Clerk {00024786.DOC /) -2- 2/1/2011 s CERTIFICATION BY LEGAL COUNSEL The foregoing First Amendment to 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 e e l /l tto ey f ate en of arana {00024786.DOC /} -3- co� - .- I r� Ql E ❑ 8yas €'fig %� ° §doe LU m I I I I I I I 1 I I I � I I � • •I 1 I I I I. I. .1 � F t� J � I I I i