HomeMy WebLinkAboutResolution 2013-072 reciprocal hearing officer services with oro valleyMARANA RESOLUTION NO. 2013-072
RELATING TO BUSINESS REGULATIONS; APPROVING AND AUTHORIZING THE
MA�OR TO EXECUTE THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA
FOR RECIPROCAL HEARING OFFTCER SERVICES UNDER ARIZONA REVISED
STATUTES SECTION 9-500.12, PROVIDING THAT THE ORO VALLEY LEGAL
SERVICES DIRECTOR OR DESIGNEE MAY SERVE AS HEARING OFFICER FOR
APPEALS BROUGHT UNDER CHAPTER 9-4 OF THE MARANA TOWN 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. ; and
WHEREAS on November 18, 2003, Oro Valley and Marana entered into an
intergovernmental agreement (IGA) for reciprocal hearing officer services under
A.R.S. § 9-500.12; and
WHEREAS Chapter 9-4 of the Marana Town Code regarding the licensing and regulation
of massage establishments provides for appeals to a hearing officer; and
WHEREAS effective June 19, 2012, Oro Va11ey and Marana amended the
November 18, 2003 IGA to provide that the Oro Valley Town Attorney shall serve as hearing
o�cer for appeals sought under Chapter 9-4 of the Marana Town Code; and
WHEREAS Oro Valley and Marana desire to further amend the IGA; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the public to approve the amendment to the IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Amendment No. 2 to the intergovernmental agreement between the Town
of Oro Valley and the Town of 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 for and on
behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
Marana Resolution No. 2013072 - 1-
undertake all other and further tasks required or beneficial to implement and carry out the terms,
obligations, and objectives of the aforementioned amendment to the intergovernmental
agreement. �
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2" day of July, 2013.
I
Mayor Ed H nea
ATTEST:
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Mazana Resolution No. 2013072 - 2-
SECOND 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
THIS SECOND AMENDMENT (��Amendment No. 2�� is entered into by and between the
TOWN OF MARANA, an Arizona municipal corporation ("Marana' and the TOWN OF ORO
VALLEY, an Arizona municipal corporation ("Oro Valley"). Marana and Oro Valley are
sometimes collectively referred to in this Amendment No. 2 as the Parties, any one of
which is sometimes individually referred to as a Party.
RECITALS
A. On November 18, 2003, Oro Valley and Marana entered into an intergovernmen-
tal agreement for reciprocal hearing officer services under A.R.S. � 9-500.12 (the "Origi-
nal Agreement").
B. Effective June 19, 2012, the Parties entered into Amendment No. 1 to the Original
Agreement to provide that the Oro Valley Town Attorney shall also serve as hearing
officer for appeals brought under Chapter 9-4 of the Marana Town code regarding
massage establishments.
C. The Parties now desire to enter into this Amendment No. 2 to reflect that the Oro
Valley Legal Services Director or designee may serve as hearing officer for appeals
brought under Chapter 9-4 of the Marana Town code regarding massage establish-
ments.
AGREEMENT
NOW, THEREFORE based on the foregoing recitals, which are incorporated here as the
intention of the Parties in entering into this Amendment No. 2, and in consideration of
the terms of the Original Agreement, Amendment Na 1, and this Amendment No. 2,
the Parties hereby agree as follows:
1. Hearing Officer Senrices. Paragraph 1 of Amendment No. 1 is hereby deieted and
replaced with the following: �
1. In the event of any appeals arising under Chapter 9-4 of the Marana Town
Code, the Oro Valley Lega1 Services Director or designee may serve as the hear-
ing officer to hear such appeals, at the request of Marana.
2. Effect of Amendment. Except as expressly modified by this Amendment No, 2, the
terms of the Original Agreement, as previously amended, shall remain in full force and
effect.
Exhibit A- Marana Resolution 2013-072 HEARING OFFICER IGA AMENDMENT NO. 2 6/24/2013 JF
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3. Effective Date. This Amendment No, 2 is effective when it has been fully executed
on behalf of all of the Parties.
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
"MARANA"
Ed H
Date:
ATTEST:
celyn B on, Town Clerk
APPROVED AS TO FORM:
��ORO VALLEY��
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
Date:
ATTEST:
Julie Bower, Town Clerk
APPROVED AS TO FORM:
Tobin Sidles, Legal Services Director
Exhibit A - Marana Resolution 2013-072 HEARING OFFICER IGA AMENDMENT NO. 2 6�24�2013 JF
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