HomeMy WebLinkAboutResolution 2003-124 IGA with oro valley for reciprocal hearing officer servicesMARANA RESOLUTION NO. 2003-124
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARJZONA, APPROVING AND AUTHORJZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY TO
PROVIDE RECIPROCAL HEARING OFFICER SERVICES UNDER A.R.S. § 9-500.12,
RELATING TO LANDOWNER APPEALS OF CERTAIN DEDICATIONS AND
EXACTIONS.
WHEREAS, A.R.S. § 9-500.12 requires Arizona municipalities to have a heating officer
to hear and decide landowner appeals of certain dedications and exactions; and
WHEREAS, the town attorneys' offices of the Towns of Marana and Oro Valley employ
attorneys with the knowledge and training necessary and prudent to act as dedication and exac-
tion heating officers; and
WHEREAS, the Town of Marana finds that entering into an intergovernmental agreement
for reciprocal exaction and dedication hearing officer services is in the best interests of the public
health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma-
rana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement
with the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9-500.12 exac-
tion and dedication hearing officer for the other, in the form presented to the Mayor and Council
concurrently with this Resolution, and authorizing the Town Manager, Town Attorney and other
Town staff to undertake all other tasks required to carry out the terms, obligations and objectives
of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 7th day of October, 2003. B~~TT(
Mayor )N, JR.
ATTEST:
'~'~lyn ~t~r-onson,'~own Clerk -
Resolution No. 2003-124
~~.~FORM:,
a dy, own
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: NMPI
DE, Z RECORDER
1134 PE2
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCK-W: 12182
PT PAG. 2046
NO. OF PAGES: 2
SEQUENCE: 20032250715
11/21/2003
AG 15:12
0
MAIL
AMOUNT PAID $ 8.00
INTERGOVERNMENTAL AGREEMENT FOR
RECIPROCAL HEARING OFFICER SERVICES
UNDER ARIZONA REVISED STATUTES § 9-500.12
THIS AGREEMENT, is made by and between the TOWN OF MARANA,
Arizona ("MARANA") and the TO" OF ORO VALLEY, Arizona ("ORO VALLEY")
for reciprocal hearing officer services under Arizona Revised Statutes § 9-500.12.
WHEREAS, MARANA and ORO VALLEY, pursuant to Arizona Revised
Statutes § 1 1-952(A) are authorized to enter into intergovernmental agreements for joint
and cooperative action with other public entities; and
WHEREAS, Arizona Revised Statutes § 9-500.12 requires that each town
designate a hearing officer to hear and decide appeals from final determinations made by
the town that grant approval for the use, improvement or development of real property
subject to the requirement of a dedication or exaction as a condition of granting the
approval; and
WHEREAS, it is in the best interests of MARANA and ORO VALLEY that they
enter into an agreement providing for reciprocal hearing officer services to be performed
by their respective Town Attorneys in connection with appeals that arise under ARS
§ 9-500.12.
NOW, THEREFORE, in consideration of the mutual promises expressed herein,
it is agreed that in the event an appeal is requested by a property owner in MARANA
under ARS § 9-500.12, the ORO VALLEY Town Attorney will serve as the designated
hearing officer for MARANA, and in the event an appeal is requested by a property
71--
owner in ORO VALLEY under ARS § 9-500.12, the MARANA Town Attorney will
serve as the designated hearing officer for ORO VALLEY.
IT IS FURTHER AGREED that this Agreement shall remain in effect subject to
termination upon thirty days' notice by either party.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the last date set forth below their respective signatures, which shall be the effective date
of this Agreement.
TOWN OF MARANA
By:
JtA, Jr.
Mayor
Date:-
TOWN OF ORO VALLEY
By:
Paul Loomis
Mayor
Date: /Z)-/(a-0-3
ATTEST:
T ".", 1_1,."J,
1?ocelyn . Bronson
Town Clerk
ATTEST:
01
By:
Kathr?n Cuvelier
Town Clerk
ATTORNEY CERTIFICATION
The undersigned attorneys for the Town of Marana and the Town of Oro Valley have
determined, each as to their respective client only, that this intergovernmental agreement
is in proper form and is within the powers and authority granted under Arizona law to the
Town of Marana and the Town of Oro Valley.
.01
rank Cas/cay Mark Langli(,Z/
Marana w
i alarwn Attorney Oro Valley Town6??rney
2