HomeMy WebLinkAboutResolution 2003-144 IGA for the creation of an enterprise zoneMARANA RESOLUTION NO. 2003-144
A REVISED RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT WITH PI/VIA 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 approved Resolution No. 2003-138 on October21, 2003,
authorizing the Mayor to execute an Intergovernmental Agreement relating to the creation of a
joint enterprise zone with Pima County, the City of Tucson, the City of South Tucson and the
Town of Sahuarita; and
WHEREAS, after the approval of Resolution No. 2003-138, the Intergovernmental
Agreement was revised by, among other things, clarifying that any further revision of the
enterprise zone map is subject to approval by all parties and adding required terms relating to
cancellation, non-discrimination and compliance with the Americans With Disabilities Act; and
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 ADOPTZD by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of November, ,~ g~f/~,~ ~ /
g ~SF__~...~ ~ Mayor B~'BB~Y'S/UTTON, JR.
ATTEST:
~y, Town 7ey
INTERGOVERNMENTAL AGREEMENT
BETWEEN
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 day of
,2003, pursuant to title 11, Chapter 7, Article 3, A.R.S., by
arid between the City of Tucson, a municipal corporation, hereinafter sometimes
referred to. as 'Tucson", the City of South Tucson, a mpnicipal corporation,
hereinafter sometimes referred to as "South Tucson", the Tc~wn of Marana,
hereinafter sometimes.referred to as 'Marana", the Town of Sahuarita,
hereinafter sometimes referred to as "Sahuarita", and Pima County.
WHEREAS; the Adzona 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 Sahuadta 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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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 Sahuarfta have determined that entry into this
Intergovernmental Agreement in order to establish a Joint Enterprise Zone
Commission, ahd to submit an application to the Department of Commerce for
the desigr~ation 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 (he Tucson Pima
Enterprise Zone Commission. and d~fine its authority and duties.
I1. ESTABLISHMENT OF COMMISSION
Upon execution of this Agreement by all parties, there is established a
Tucson Pime Enterprise Zon~ 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 appoihted 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. § 41-1524. The Tucson Pima Enterprise Zone Commission is
authorized to, and shall perform, all th~ 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 A.R.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 padies.
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
towr~s of Marana and Sahuadta.
X. EFFECTIVE DATE
This Agreement shell become effectiye upon its filing with the Secretary of
State pursuant to A.R.Si Sec. 11-952(g).
XI. CANCELLATION
This Agreement may be canceled pursuant to A.R.S. § 38-511, the
pertinent provisions of which are incorporated herein by reference.
XlI. 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 coume 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.
XlII. Comoliance 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 SOUTH TUCSON,
a municipal corporation
CITY OF TUCSON,
a municipal corporation
By: By:
Mayor Mayor
A'FI-EST: ATTEST:
By: By:
City Clerk
APPROVED AS TO FORM:
City Clerk
APPROVED AS TO FORM:
City Attorney
City of South Tucson
TOWN OF MARANA,
a municipal corporation
AsSis"~'nt Ci~y Attorney
City of Tucson
TOWN OF SAHUARITA,
a municipal corporation
By By
Mayor Mayor
ATTEST: ATTEST:
City Clerk City Clerk
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· APPROVED AS tO FORM:
APPROVED AS TO FORM:
City Attorney
' Town of Marana
Assistant City Attorney
Town of Sahuadta
PIMA COUNTY
By.
Chairperson
ATTEST:
Clerk of the Board of Supewisors
APPROVED ASTOFORM:
Deputy County Attorney
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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 Sahuadta, 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 Adzona.
DATED this .,~ ~. day of ("-'.)~.~,. ,2003.
CITY OF TUCSON
Assi~ant City Attorney
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