HomeMy WebLinkAboutResolution 2003-138 IGA for the creation of an enterprise zoneMARANA RESOLUTION NO. 2003-138
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY, THE CITY OF TUCSON,
THE CITY OF SOUTH TUCSON AND THE TOWN OF SAHUARITA RELATING TO THE
CREATION OF AN ENTERPRISE ZONE, AND DECLARING AN EMERGENCY.
WHEREAS, the Town finds that it is in the best interests of the citizens of the Town of
Marana to participate in an Enterprise Zone.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, approving and authorizing the Mayor to execute an intergovernmental
agreement with Pima County, the City of Tucson, the City of South Tucson and the Town of
Sahuarita relating to the creation of an enterprise zone, in the form presented to the Mayor and
Council concurrently with this Resolution, and authorizing the Mayor, the Town Manager and
Staff to undertake all other tasks required to carry out the terms, obligations and objectives of the
intergovernmental agreement.
IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace,
health, and safety of the Town of Marana that this resolution become immediately effective;
therefore, an emergency is hereby declared to exist and this resolution shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this t~.~day of October, 2003. '
Mawr BOBBY SUTTON, JR.
lyn C. B~nson, Town Clerk
F. ANN RODRIGUEZ, RECOR.
RECORDED BY: LAM
DEPUTY RECORDER
6545 PEl
DOCKET: 1~
PAGE: 1007
NO. OF PAGES: 9
SEQUENCE: 20040060283
01/09/2004
AG 14:50
CCCLK
TUCSON CITY CLERK
255 W ALAMEDA
TUCSON AZ 85701
PICKUP
PICKUP
AMOUNT PAID $ 9.00
CONTRACT
NO. tJI3 f - /.. /33 .f(tf;< . 1/11 3
AMENDMENT ~W,
This number rT"JS: a::aar on all
INTERGOVERNMENTAL AGREE ~i~aes, corras:ordar::a and
documents per:ainir,. 10 this
BETWEEN contract
THE CITY OF TUCSON
PIMA COUNTY
THE CITY OF SOUTH TUCSON
THE TOWN OF MARANA
AND
THE TOWN OF SAHUARITA
for the establishment of a
JOINT ENTERPRISE ZONE COMMISSION
INTERGOVERNMENTAL AGREEMENT, entered into this
-J..
.3 (' day of
NO Vi MBt./{ ,2003, pursuant to title 11, Chapter 7, Article 3, A.R.S., by
and between the City of Tucson, a municipal corporation, hereinafter sometimes
referred to as "Tucson", the City of South Tucson, a municipal corporation,
hereinafter sometimes referred to as "South Tucson", the Town of Marana,
hereinafter sometimes referred to as "Marana", the Town of Sahuarita,
hereinafter sometimes referred to as "Sahuarita", and Pima County.
WHEREAS, the Arizona Department of Commerce has initiated an
enterprise zone program pursuant to A.R.S. Sec. 41-1521, et seq.; and
WHEREAS, the Pima County, the cities of Tucson and South Tucson, and
the towns of Marana and Sahuarita desire to participate in the state enterprise
zone program; and
WHEREAS, A.R.S. Sec. 41-1522 provides that a county and adjacent
cities, through their respective governing bodies, may jointly participate in the
enterprise zone program by establishing a Joint Enterprise Zone Commission by
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~)t~TO RESOLUTION NO. /1709
City {)F TUCSON CONTRACT NO. o23'i-()if
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Intergovernmental Agreement; and
WHEREAS, A.R.S. Sec. 41-1524 provides that an Enterprise Zone
Commission may apply to the Department of Commerce to designate a qualified
area as an enterprise zone; and
WHEREAS, the Pima County, the cities of Tucson and South Tucson, and
the towns of Marana and Sahuarita have determined that entry into this
Intergovernmental Agreement in order to establish a Joint Enterprise Zone
Commission, and to submit an application to the Department of Commerce for
the designation of an enterprise zone, is in the public interest;
NOW, THEREFORE, PURSUANT TO THE ABOVE AND IN
CONSIDERATION OF THE COVENANTS AND CONDITIONS HEREAFTER
SET FORTH, Pima County, the cities of Tucson and South Tucson, and the
towns of Marana and Sahuarita do mutually agree as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a joint enterprise zone
commission pursuant to A.R.S. Sec. 41-1522, to be known as the Tucson Pima
Enterprise Zone Commission, and define its authority and duties.
II. ESTABLISHMENT OF COMMISSION
Upon execution of this Agreement by all parties, there is established a
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Tucson Pima Enterprise Zone Commission ("Commission"), which shall consist
of the Chairperson of the Pima County Board of Supervisors, the mayors of
South Tucson, Marana, and Sahuarita, and the Mayor and two Council Members
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of the City of Tucson who shall serve as the Tucson Pima Enterprise Zone
Commission.
III. ZONE ADMINISTRATOR
The Director of the City of Tucson Office of Economic Development, or the
Director's designee, shall be appointed to serve as Zone Administrator pursuant
to A.R.S. Sec. 41-1522.
IV. AUTHORITY AND DUTIES OF COMMISSION
The Commission shall identify the area described in Exhibit A to this
Agreement as an enterprise zone and shall apply for designation of this area as
provided in A.R.S. 941-1524. The Tucson Pima Enterprise Zone Commission is
authorized to, and shall perform, all the duties contained in A.R.S. Secs. 41-1522
to 41-1528, except that designation or renewal of designation of enterprise zone
boundaries is subject to prior approval by all parties.
V. FINANCE AND ADMINISTRATIVE SUPPORT
Staff from Pima County, the cities of Tucson and South Tucson, and the
towns of Marana and Sahuarita will cooperatively provide administrative support
to the Enterprise Zone Commission under the direction of the Zone
Administrator.
VI.
INSURANCE AND LIMITATION OF LIABILITY
Each party agrees to hold the other party harmless by reason of its
individual activities hereunder and each party shall be solely responsible for its
own acts or omissions by reason of its operations under this Agreement.
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VII. TERM OF AGREEMENT
The term of this Agreement shall be one year from the date of its filing with
the Secretary of State pursuant to AR.S. Sec. 11-952(g). This Agreement may
be renewed each year for an additional one-year term upon approval by the
respective governing bodies of the parties to this Agreement.
VIII. TERMINATION
This Agreement may be terminated at any time by any party hereto giving
not less than 30 days written notice to the other parties.
IX. LEGAL JURISDICTION
Nothing in this Agreement is to be construed as either limiting or extending
the jurisdiction of Pima County, the cities of Tucson and South Tucson, or the
towns of Marana and Sahuarita.
X. EFFECTIVE DATE
This Agreement shall become effective upon its filing with the Secretary of
State pursuant to AR.S. Sec. 11-952(g).
XI. CANCELLATION
This Agreement may be canceled pursuant to AR.S. S 38-511, the
pertinent provisions of which are incorporated herein by reference.
XII. Non-Discrimination.
The parties shall not discriminate against any employee, or any other
individual in any way because of that person's age, race, creed, color, religion,
sex, disability or national origin in the course of carrying out duties pursuant to
this Agreement. The parties shall comply with applicable provisions of Executive
Orders 75-5, and amended by Executive Order 99-4, which are incorporated into
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this Agreement by reference as if set forth in full herein:
XIII. Compliance with Americans with Disabilities Act.
The parties shall comply with all applicable provisions of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all
applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
CITY OF S UTH TUCSON,
a municip I corporation
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APPROVED AS TO FORM:
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City of South Tucson
ATT..EST: ~ J
BY:~ -1.::t2td
City Clerk - NOV 0 3 2003
APPROVED AS TO FORM:
ATTEST:
BY~ ~ {1n..QiAIJ iZMw
Ci Clerk
ASSiSt~~
City of Tucson
TOWN OF MARANA,
a municipal corporation
BYM~
TOWN OF SAHUARITA,
a municipal corporation
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B~:~~1~u~W.:/~$.-n
Mayor
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ATTEST:
ATTEST:
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City Clerk .
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PIMA COUNTY
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Chairperson~
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Deputy County Attorney
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APPROVED AS TO FORM:
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Assistant City Attorney
Town of Sahuarita
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APPROVAL OF THE CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental
Agreement between the City of South Tucson, the City of Tucson, the Town of
Marana, the Town of Sahuarita, and Pima County and declare the Agreement to
be in proper form and within the powers and authority granted under the laws of
the State of Arizona.
DATED this i ~ day of
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,2003.
CITY OF TUCSON
BY pC'^~
Assistant City Attorney --
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