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Home My WebLink AboutResolution 2012-037 approving amendment to Oro Valley Hearing OfficerMARANA RESGILUTION NO. 2012-37 RELATING TQ BUSINESS REGULATIONS; APPROVING AND AUTHQRIZING THE MAYOR TO E�CUTE AMENDMENT NO. 1 TO THE 1NTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR RECIPROCAL HEARING OFFICER SERVICES UNDER ARIZONA REVISED STATUTES SECTION 9-SQ0.12, PROVIDIN�`r THAT THE ORO VALLE� TOWN ATTORNEY WILL SERVE AS HEARING OFFICER FOR APPEALS BROUGHT UNDER CHAPTER 9-4 4F THE MARANA TOV�N CODE REGARDING MASSAGE ESTABLISHMENTS WHEREAS the Towns of Oro Valley and Marana may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. WHEREAS on November 18, 2003, Oro Va11ey and Marana entered into an intergovernmentai agreement (IGA) for reciprocal hearing officer services under A.R. S. § 9-500.12; and WHEREAS Marana recently adopted Chapter 9-4 of the Marana Town Code regarding massage establishments, of which Section 9-4-15 provides for appeals ta a hearing officer; and WHEREAS Oro Valley and Marana desire to amend the intergovernmental agreement of November 18, 2003 to provide tk�at the Oro Valley Town Attorney shall serve as a hearing officer for appeals sought under Chapter 9-4 of the Marana Town Code; and WHEREAS the Mayor and Council of the Town af Marana feel it is in the best interests of the public to apprave the amendment to the IGA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR ANID COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Amendment No. 1 to the intergavernmental agreement between the Town of Oro Valley and the Town af Marana for reciprocal hearing officer services under A.R.S. § 9-500.12, 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 far and on behalf of the Town of Marana. Marana Resolution No. 2012-37 .JF bll l/12 IT IS FURTHER RESOLVED that 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 term�, obligatians, and objectives of the aforementioned amendment to the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL O THE TQWN OF RZARANA, ARIZONA, this 19th day of June, 2012. � ' �'v�-2, �_ Mayor Honea ATTEST: celyn C. � ronson, Town �lerk Marana Resolution No. 2012-37 -2- �� ,� ,,� ; • , ,. �. , AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR RECIPROCAL HEARING OFFICER SERVICES UNDER ARIZONA REVISED STATUTES § 9-500.12 THIS AMENDMENT NO. 1 is made between the Town of Marana, Arizona ("Marana") and the Town of Oro Valley, Arizona ("Oro Valley") for reciprocal hearing officer services under Arizona Revised Statutes (A.R.S.) § 9-500.12. WHEREAS, the Intergovernmental Agreement between Marana and Oro Valley for reciprocal hearing officer services under A.R.S. § 9-500.12 was approved on November 18, 2003; and WHEREAS, Marana recently adopted an amendment to the Marana Town Code, adding Chapter 9-4, Massage Establishments, of which Section 9-4-15, Procedure for denial, suspension, revocation or nonrenewal; appeals, provides for appeals to a hearing officer; and WHEREAS, both Parties desire to enter into an amendment to the intergovernmental agreement for reciprocal hearing officer services under A.R.S. § 9-500.12 to provide that the Town Attorney for Oro Valley will serve as a hearing officer for appeals sought under Chapter 9-4 of the Marana Town Code regarding massage establishments. NOW THEREFORE, in consideration of the foregoing, the Parties agree that: In the event of any appeals arising under Chapter 9-4 of the Marana Town Code, the Oro Valley Town Attorney shall serve as the hearing officer to hear such appeals. 2. All other provisions of the revised by this Amendment and effect. Intergovernmental Agreement not specifically No. 1 shall remain unchanged and in full force IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the last date set forth below their respective signatures, which shall be the effective date of this Amendment. � TOWN OF MARANA TOWN OF ORO VALLEY Ed Honea, Mayor Dr. Satish I. iremath, Mayor {000301 I fi.UOC /)\�I,axioon\agealaquick�PackatPrinlarV+GHNDA\TCUtem05_E_AU2_Amentlmeni No. I.doc ATTEST: r" �" � �� Y � �°°--- Jo yn C. B son, Town Clerk J Bower, Town Clerk Date: � � � Date: � � �� INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Amendment No. 1 to the Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. � '�./ ��~ Tobin Rosen, Town Attorney Oro Valley �00030316.UOC /�\U.aricon\agondaquick�PacketR'mter�AGENDA\TC\IIamOS�E Alt2_l�me�dmonl No. I.dnc RESOLUTION NO. (R) 12-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR RECIPROCAL HEARING OFFICER SERVICES UNDER ARIZONA REVISED STATUTES SECTION 9-500.12 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. § ll-951, et seq., the Town of Oro Valley ("Town") and the Town of Marana ("Marana") are authorized to enter into intergovernmental agreements for joint and cooperative action; and WHEREAS, on Intergovernmental 500.12; and November 18, 2003, the Town and Marana approved the Agreement for reciprocal hearing officer services under A.R.S. 9- WHEREAS, Marana recently adopted an amendment to the Marana Town Code, adding Chapter 9-4, Massage Establishments, of which Section 9-4-15, Procedure for denial, suspension, revocation or nonrenewal; appeals, provides for appeals to a hearing officer; and WHEREAS, the Town and Marana desire to amend the Intergovernmental Agreement to provide that the Oro Valley Town Attorney serve as a hearing officer for appeals sought under Chapter 9-4 of the Marana Town Code regarding massage establishments; and WHEREAS, it is in the best interest of the Town to approve Amendment No. 1 to the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, for reciprocal hearing officer services to provide that the Oro Valley Town Attorney Serve as a hearing officer for any appeals regarding massage establishments. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: Amendment No. 1 of the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, between the Town of Oro Valley and the Town of Marana to provide for the Oro Valley Town Attorney to serve as a hearing officer for any appeals sought under Chapter 9- 4 of the Marana Town Code regarding massage establishments is hereby authorized and approved. ��I.ericon�xgenJnyuicklPoeketPrinterV�(iliND�\'fCUtem05_F:_Alil Iteu�lution No. (R)12-7fi.dnc ' Towm o� or„ vun�y a�oi,�es'+ nit�o�mrosnx i a Exhibit "A'° 2. 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 Amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 6 day of June, 2012. TOWN OF ORO VALLEY ATTEST: '?��;__°�„ 1' K. Bower, Town Clerk Date: �.. � L � Dr. Satis I. Hiremath, Mayor APPROVED AS TO FORM: , �� _.. �� , ��,°' ''�✓`w�...._..�..�- ��, , Tobin Rosen, ttorney Date: ��E �lz- \Uzxicon�egendaquick�PacketPnnlerWGENDA\TC\I�em05_E_AUl_Re.olution No. (R)12-30Aa: Tn.m ofOrn Vulley AuoiTrev v Offce/cu/ASf�Rl2 EXHIBIT "A" \U,ericon�egcndnquick�PacA tPrinter�AGENDA\TCUtem05_P_Attl_Resolution No. (R)12-30.diw To�m nfOnr Valicy Auorncy'.v Office/caN�50R12