HomeMy WebLinkAboutResolution 2004-043 IGA with pima county for improvements to cortaro roadMARANA RESOLUTION NO. 2004-43
RELATING TO ROADS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR DESIGN AND CON-
STRUCTION OF IMPROVEMENTS TO CORTARO ROAD.
WHEREAS, the County and Town may contract for services and enter into agreements with
one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and
WHEREAS, on March 16, 2004, the Town of Marana adopted Ordinance No. 2004.05, an-
nexing into the Town certain property located along Cortaro Road straddling Camino de Oeste; and
WHEREAS, $8,200,000 in Pima County bonds was authorized for improvements to Cortaro
Road from the Union Pacific Railroad Crossing to Thomydale Road in the November 4, 1997 special
election; and
WHEREAS, the Town desires to undertake a project for the design and construction of Cor-
taro Road involving widening Cortaro Road to a four-lane divided cross-section from the Union Pa-
cific Railroad Crossing to Camino de Oeste and tapering to the existing two-lane cross-section at
Star Grass Drive (the "Cortaro/UPRR-Oeste Project"); and
WHEREAS, Pima County and the Town desire to facilitate the design and construction of the
Cortaro/UPRR-Oeste Project utilizing a portion of the 1997 bond funding; and
WHEREAS, the Town anticipates that a budget of $7,000,000 will be adequate for the Cor-
taro/UPRR-Oeste Project if the work can be accomplished in connection with an anticipated devel-
opment agreement with the developer of the proposed adjacent Willow Ridge project; and
WHEREAS, the proposed adjacent Willow Ridge project is currently in the Town of Marana
rezoning and development agreement process, and is subject to later legislative action by the Town
Council of the Town of Marana and other potential proceedings which could cause it either not to be
approved or to have its effective date delayed; and
WHEREAS, the Town Council finds that approval and execution of an intergovernmental
agreement with Pima County for design and construction of the Cortaro/UPRR-Oeste Project is in
the best interests of the citizens of the Town of Marana so long as the Cortaro/UPRR-Oeste Project
can be accomplished in connection with an anticipated development agreement with the developer of
the proposed adjacent Willow Ridge project.
RSO 0404061GA with PC re Cortaro Road #2004-43.doc - 1 ~ 3/31/2004 4:48 PM FJC
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The intergovernmental government between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby au-
thorized and approved.
SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk
is hereby authorized to attest thereto for and on behalf of the Town of Marana when and if, but only
when and if, the rezoning of the proposed adjacent Willow Ridge project and the associated devel-
opment agreement with the developer of the proposed adjacent Willow Ridge project are approved
and become effective.
SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author-
ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said
Exhibit A, upon its execution in accordance with Section 2 of this Resolution.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 6th day of April, 2004.
15 Mayor B-ob-by Sutton, Jr.
ATTEST:
~r~l~-onson, Town Clerk
APPR~ ~VED AS TO FORM:
~idy, Town A~
RSO 0404061GA with PC re Cortaro Road #2004-43.doc -2- 3/31/2004 4:48 PM FJC
F. ANN RODRIGUEZ, RECORDER
~ECOPDED BY: mc
DEPUTY RECORDER
1513 PEl
DOCKET: 12499
PAGE: 2898
NO. OF PAGES: 19
SEQUENCE: 20050400438
03/01/2005
RES 16:09
poooo
PIMA CO
PICKUP
PICKUP
AMOUNT PAID $ 0.00
RESOLUTION AND ORDER NO. 2004 - 236
RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS
APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH THE TOWN OF MARANA FOR THE
CONSTRUCTION OF IMPROVEMENTS TO CORTARO ROAD FROM
THE UNION PACIFIC RAILROAD CROSSING TO CAMINO DE OESTE,
PIMA COUNTY, ARIZONA.
WHEREAS, Pima County (County) and the Town of Marana (Town) may contract for
services and enter into agreements with one another for joint and cooperative action pursuant to
AR.S. g 11-951, et seq.; and
WHEREAS, the Town is authorized by AR.S. g 9-276 to layout and establish, regulate the
use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise improve streets, alleys,
avenues, sidewalks, parks, public grounds and off-street parking sites and acquire any property
necessary or convenient for that purpose by the exercise of the right of eminent domain; and
WHEREAS, the County is authorized by AR.S. S 28-6707 to construct and improve part of a
highway located in an incorporated city or town in the same manner as if it were located outside an
incorporated city or town; and
WHEREAS, County and Town desire to cooperate in the construction of roadway
improvements to Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste, ( "the
Project" ); and
WHEREAS, County and Town wish to enter into an intergovernmental agreement for the
purpose of defining the terms and conditions under which the Project is to be engineered, constructed,
financed and maintained; and
1
'2
WHEREAS, the parties are in agreement that the Town's approval and execution ofthe p
intergovernmental agreement is contingent upon the successful rezoning of the area in which the Project ~~
is located, which will be submitted to the voters for approval at a general election to be scheduled; and
~
WHEREAS, the Pima County Board of Supervisors wishes to approve and execute the i
intergovernmental agreement at this time as a demonstration of its commitment to the Project and to the
citizens of the Town of Marana;
\~ \
\. .
Resojution and Order No. 2004- 236
Pima County Board of Supervisors
NOW, THEREFORE, be it resolved by the Board of Supervisors of Pima County that:
1. The intergovernmental agreement between Pima County and the Town of Maran a for the
Cortaro Road Roadway Improvements, Union Pacific Railroad Crossing to Camino de Oeste,
is hereby approved by the Board.
2. The Chair of the Board is instructed and authorized to sign the intergovernmental agreement
on behalf of the Pima County Board of Supervisors.
3. The various Pima County officers and employees are hereby authorized and directed to
perform all acts necessary and desirable to give effect to this Resolution.
2004.
RESOLVED by the Board of Supervisors of Pima County this 16th day of August
PIMA COUNTY BOARD OF SUPERVISORS:
~~~
Sharon Bronson, Chair
AUG 1 6 2004
ATTEST: ~
~ . IwtLY/>?
Lon Godoshian, Clerk of the Board
~~MGl~~
Deputy ounty Attorney
1
~?
~
9
~
i
Page 2
~~lD <O{
CONTRACT
NO. c11-~.y /11. /jf'f~ s. ~cf(j.y
AMENDMENT NO.
Thi.. numoer must acoear
invOIces, corresponaence on all
documents penaJnlng to t:'~d
contract. ..
Intergovernmental Agreement
between
Pima County and the Town of Maran a
for design and construction of improvements to
Cortaro Road
from the Union Pacific Railroad Crossing to Camino de Oeste
1
"')
,.
d
9
!~
~
B
Table of Contents
Recitals ................................................................ 1
1. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. County Design Responsibilities .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
a. Technical documents and drawings ............................ 3
b. Review and comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
c. Construction plans and specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4. Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5. Town Review of Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Utility Relocations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. Rights of Way and Construction Easements .............................4
8. Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Project Permits ..................................................... 4
a. Town permit fees ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
b. County issuance of Town permits .............................. 4
c. Other permits required ...................................... 5
10. Public Art ......................................................... 5
11. Public Participation ................................................. 5
12. Project Manager and County Representative ............................ 5
13. Financing of the Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
a. Allocation of County bond funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
b. Town responsibility for excess costs ............................ 5
c. Betterments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
14. Payment........................................................... 6
15. Establishment of County Highway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
a. Petition to establish County highway ........................... 6
b. Establishment of County highway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
16. Regulation ofthe Project During Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 6
17. Ownership, Operation and Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
a. County inspection .......................................... 6
b. Abandonment of County highway within Town . . . . . . . . . . . . . . . . . . . . 6
c. Acceptance of the Project by Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
i. Continued ownership and ooeration. .................. 7
ii. Insurance; Repair and replacement. ................... 7
d. Ownership of installed materials, equipment and appurtenances ..... 7
18. Term and Termination oflntergovernmental Agreement. . . . . . . . . . . . . . . . . . 7
a. Effective Date .............................:............... 7
b. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
c. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1. For cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
-1-
1
2:
ill
9
9
~
,
11. At will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
111. A.R.S. 9 38-511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IV. Non-appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
v. Arbitrage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. Legal authority ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
vii. Ownership ofpropertv upon termination. . . . . . . . . . . . . . . 8
19. Indemnification..................................................... 8
a. Mutual Indemnity. ................... '. . . . . . . . . . . . . . . . . . . . . . . 8
b. Preexisting conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
c. Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
d. Negligence ofindemnified party ....... . . . . . . . . . . . . . . . . . . . . . . . . 9
e. Survival of termination ..........................;........... 9
20. Insurance.......................................................... 9
21. Town Accounting of Project Costs .....................................9
22. Books and records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23. County Inspection and Audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
24. Construction of Agreement .......................................... 10
a. Entire Agreement. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
c. Construction and interpretation .............................. 10
d. Captions and headings ..................................... 10
e. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
25. Legal Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26. No Joint Venture. .................................................. 10
27. Workers's Compensation. ........................................... 10
28. No Third Party Beneficiaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
a. Anti-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
b. Americans with Disabilities Act .............................. 11
c. Compliance with County laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30. Waiver................................................... . . . . . . . . 11
31. Force Majeure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
32. Notification....................................................... 12
33. Remedies......................................................... 12
~
..,
,it
S3
~3
~)
~j
o.
-11-
Intergovernmentali\greement
between
Pima County and the Town of Marana
for design and construction of improvements to
Cortaro Road
from the Union Pacific Railroad Crossing to Camino de Oeste
This Intergovernmental Agreement is entered into by and between Pima County, a body politic
and corporate of the State of Arizona ("County") and the Town of Maran a, Arizona ("Town") pursuant
to A.R.S. ~ 11-952.
Recitals
A County and Town may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. ~ 11-951, et seq.
B. Town is authorized by AR.S.~ 9-240(B)(3):
(a) To exercise exclusive control over the streets, alleys, avenues and sidewalks of the
Town and to give and change the names thereof.
(b) To prevent and punish for the encumbering thereof, and to abate and remove all
encumbrances and obstructions thereon.
(c) To widen, extend, straighten, regulate, grade, clean or otherwise improve the same.
1
2
4
9
9
o
2
9
o
3
(d) To open, layout and improve new streets, avenues and alleys.
(e) To vacate or abandon any street, avenue, alley, park, public place or sidewalk in such
town or to abolish them, provided that rights-of-way or easements to existing sewer, gas,
water or similar pipelines and appurtenances and for canals, laterals or ditches and
PCIMARANA DOr 18 IGA 040204
I
appurtenances, and for electric, telephone, and similar lines and appurtenances shall
continue as they existed prior to the vacating, abandonment, or abolishment thereof.
Cf) To protect the same from encroachment and injury.
C. Pursuant to A.R.S. g 28-6701, the Marana Town Council may petition the Pima County
Board of Supervisors to establish a county highway in the Town and, pursuant to A.R.S. g
28-6702 and g 28-6703, the Board of Supervisors may establish a county highway in the
Town.
D. County is authorized by A.R.S. g 28-6707 to construct and improve part of a highway
located in an incorporated city or town in the same manner as ifit were located outside an
incorporated city or town.
E. County and Town desire to cooperate in an improvement of Cortaro Road from the Union
Pacific Railroad Crossing to Camino de Oeste ("the Project").
F. County and Town desire to define the terms and conditions under which the Project is to be
engineered, constructed, financed, and maintained.
G. The Project consists of the reconstruction and widening ofCortaro Road from the Union
Pacific Railroad Crossing to Camino de Oeste.
H. The Pima County Board of Supervisors included the Project in the Bond Improvement Plan
for the November 4, 1997 Special Bond Election.
1. The Pima County Board of Supervisors adopted guidelines for bonding disclosure,
accountability and implementation of County transportation bond projects in other
jurisdictions in Pima County Code g 3.06.080, "Implementation of County Bond Projects
in Other Jurisdictions" and Pima County Ordinance No. 1997-80, Section Vill,
"Implementation of Transportation Projects in Other Jurisdictions."
J. The estimated total cost of construction of the Project is approximately $7,000,000.00.
K. $8,200,000.00 in County bonds was authorized for improvements to Cortaro (Farms)
Road from the Union Pacific Railroad Crossing to Thomydale Road in the November 4,
1997 Special Election. $7,000,000.00 of the $8,200,000.00 of County bond funds
approved in the November 4, 1997 Special Election has been allocated as the County's
contribution to the Project to be designed and constructed by Town.
1
2
d
~~
9
N
~
~
,11
L. Town intends to provide all funds necessary for the Project in excess of the $7,000,000.00
in County bond funds contributed by County.
PC/MARANA DOT 18 IGA 040204
2
M. County and Town have agreed that Town shall construct the Project and that Town shall
advertise, award, execute and administer the construction contracts for the Project.
N. Construction of the Project is currently scheduled to commence on or before January 1,
2005, subject to acquisition of all necessary utility clearances, rights of way and easements,
and is currently estimated to be completed approximately 18 months after the start of
construction.
O. At the conclusion of Project construction by Town, County will abandon to Town all of the
Project roadway and adjacent rights of way lying within the limits of Town pursuant to
A.R.S. S 28-7212, and Town will accept it for inclusion in Town's maintenance program.
NOW, THEREFORE, the Town and the County, pursuant to the above, and in consideration of
the matters and things hereinafter set forth, do mutually agree as follows:
Aereement
1. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of
the parties for the construction, maintenance and operation ofthe Project and to address legal and
administrative matters among the parties.
2. Project. The Project consists of the reconstruction and widening ofCortaro Road from the Union
Pacific Railroad Crossing to Camino de Oeste.
3. Design Responsibilities. Town will complete design of the Project in accordance with Design
Standards included in the American Association of State Highway and Transportation Officials
and Federal Highway Administration Standards for highway engineering and construction, the
Pima County/City of Tucson Standard Specifications for Public hnprovements, and Town's
municipal design guidelines.
a.
Technical documents and drawings. County shall provide Town with copies of all
existing technical documents and drawings in County's possession which are required
for design of the Project.
b.
~.
.:?
Review and comment. County shall review and comment on all engineering studies, ~
technical data and specifications provided by Town for the design and construction
ofthe Project under a schedule determined by Town to ensure timely progress on ~
and completion of improvements. Ifno comments are received by Town within fiftee1
(15) working days following delivery to County, Town may assume County has given ~
approval.
PC/MARANA DOT 18 IGA 040204
3
c. Constrnction plans and specifications. Construction plans, specifications and
estimates shall be submitted to County for comment at 50%, 90% and 100%
completion of Project design. If Town receives no comments within fifteen (15)
working days following receipt, Town may assume County has approved the
construction plans, specifications and estimates submitted for review.
4.
Town Construction Responsibilities. Town shall advertise, award, execute and administer the
construction contracts for the Project. Town shall have the usual rights of the owner of a public
construction contract, including the authority to approve changes and make payments.
5.
County Review of Contracts. Town shall afford County the opportunity to review and comment
on the solicitations for all contracts, including relevant scopes of work, prior to Town's issuance of
such solicitations. To the extent possible, Town shall afford County the opportunity to review and
comment on all contract modifications, change orders and supplemental agreements prior to the
execution of such contract modifications, change orders and supplemental agreements. In any
instance where providing County with notification and opportunity for review of any contract
modification, change order or supplemental agreement is not possible prior to execution of such
modification, change order or supplemental agreement, Town shall provide County written
notification of the modification, change order or supplemental agreement immediately upon
execution of such modification, change order or supplemental agreement. To the extent possible,
Town shall also afford County the opportunity to review and comment on all contract claims prior
to resolution thereof.
6.
Utility Relocations. Town shall be responsible for all utility relocations within the Project
boundaries.
7.
Rights of Way and Construction Easements. Town shall be responsible for acquiring all
construction easements and rights of way necessary for construction of the Project.
8.
Right of Entry. Execution of this Agreement by County grants to Town the right to enter upon
County-owned lands, rights of way and easements necessary to construct the Project as defined
by the construction plans, specifications and estimates.
9.
Project Permits. Town shall be responsible for acquiring all permits necessary to construct the
Project, including the requisite Stormwater Pollution Permit from ADEQ and any federal permits ~
required for the Project. ~
a.
Town permits. Town shall provide any Town permits required in connection with the
Project at no cost to the Project.
~
~
6
b. County permits. County shall provide any County permits required in connection with the
Project at no cost to the Project.
PCfMARANA DOT 18 IGA 040204
4
c. Other permits required. ill the event any other governmental entity requires Town to
obtain any approval, permission or permits for the Project, County shall cooperate with and
assist Town in its application for such permits.
10. Public Art. Public art shall be included in the Project in accordance with the standards set forth in
the County's Bond Improvement Plan for the November 4, 1997 Special Bond Election, unless
otherwise agreed by County.
11. Public Participation. Town shall manage all public participation processes for construction of the
Project. County and Town shall meet to coordinate the public participation process, which shall
be approved by County prior to commencement of design and construction.
12. Project Manager and County Representative. Town shall furnish a representative to perform
the functions of a Project Manager, and County shall furnish a representative available to
cooperate and consult with the Town concerning all matters of the Project during construction.
13. Financing of the Project.
a.
Allocation of County bondfunds. $8,200,000.00 in County bonds was authorized for
improvements to Cortaro (Farms) Road from the Union Pacific Railroad Crossing to
Thornydale Road in the November 4, 1997 Special Election. $7,000,000.00 of the
$8,200,000.00 of County bond funds approved in the November 4, 1997 Special Election
has been allocated for construction costs ofthe segment of the project from the Union
Pacific Railroad Crossing to Camino de Oeste. County shall therefore contribute
$7,000,000.00 of County HURF bond funds as the County's contribution to the Project
for construction costs incurred by Town. No November 4, 1997 County bond funds in
excess of $7,000,000.00 may be expended for the Project without the prior approval and
amendment of this Agreement by the Pima County Board of Supervisors.
b.
Town responsibility for excess costs. The final cost of the Project shall be that necessary
to complete the Project, including any change orders or supplemental agreements approved
by Town for unanticipated work. Town shall be responsible for all costs of the Project in
excess of allocated County bond funds identified in Section l3(a) ofthis Agreement.
c.
1
2
.Ii
Betterments. The Town shall be solely responsible for the costs of any Betterment H
~~
incorporated into the Project. The term "Betterment" shall mean a change in the design and
construction of an element of the Project resulting from the application of standards that
County determines exceed those that County would otherwise apply for accomplishing the
design and construction of that element.
~
!}
PC/MARANA DOT 18 IGA 040204
5
14. Payment.
a. County agrees to pay to Town a total of $7,000,000.00 following award of the
construction contract for the Project by Town and based on periodic invoices submitted by
Town for progress payments for construction accompanied by a detailed progress report at
intervals mutually agreed to by the parties.
b. Town shall provide written notice to County of completion and final acceptance of the
Project by Town. Upon completion and final acceptance ofthe Project, Town shall conduct
a Final Accounting Statement of all construction costs of the Project and shall provide
County a copy of the Final Accounting Statement within 90 days of final acceptance of the
Project by Town.
15. Establishment of County Highway.
a. Petition to establish County highway. Pursuant to AR.S. 9 28-6701(B), the Marana
Town Council submitted a petition to the Pima County Board of Supervisors for the
establishment of a county highway for the Project as described in the attached Exhibit A
b. Establishment of County highway. The Pima County Board of Supervisors shall take the
actions required by AR.S. S 28-6702 and 9 28-6703 to establish the Project county
highway.
16. Regulation of the Project During Construction. Town will have responsibility for and control
over highway access, traffic regulation and signing for the reach of the Project during construction.
Town shall provide a traffic control plan to County for comment and approval prior to the
commencement of construction.
17. Ownership, Operation and Maintenance.
a. County inspection. County may inspect any portion of the Project construction for
substantial compliance with drawings and specifications. Town shall allow County
inspectors reasonable access to the Project site before, during and after construction.
1
b. Abandonment of County highway within Town. Upon completion in substantial 2
compliance with drawings and specifications and acceptance ofthe Project construction by ~
Town, County will abandon pursuant to AR.S. S 28-7212 all ofthe Project roadway and .9
adjacent rights of way lying within the limits of Town. ~
c. Acceptance of the Project Roadway by Town. Upon abandonment of the Project g
roadway by County, Town shall accept control of and maintain, at its own cost and
expense, the Project roadway located within the limits of Town.
PCIMARANA DOT 18 IGA 040204
6
1. Continued ownership and operation. Town shall not dispose of or encumber its title
or other interests in the Project facilities within the limits of Town for 25 years
following the date the Project is abandoned by County to Town. Town shall operate
and maintain the Project facilities within the limits of Town for a period of not less
than 25 years.
11. Insurance: Repair and replacement. Town agrees to insure or self-insure the Project
facilities within the limits of Town after conveyance to Town and to repair or replace
the Project facilities within the limits of Town if damaged or destroyed within 25
years of abandonment of the Proj ect roadway by County to Town.
d. Ownership of installed materials, equipment and appurtenances. Upon completion of
all work under this Agreement and abandonment of the Proj ect roadway by County to
Town, ownership and title to materials, equipment and appurtenances installed under this
Agreement will automatically be vested in Town. No further agreement will be necessary to
transfer ownership.
18. Term and Termination of Intergovernmental Agreement.
a. Effective Date. This Intergovernmental Agreement shall be effective on the date it is
recorded with the Pima County Recorder.
b. Term. This Intergovernmental Agreement shall terminate upon completion and acceptance
ofthe Project by Town and abandonment of the Project roadway by County to Town.
However, the ownership, operation, and maintenance provisions shall remain in effect for
25 years from the date of the County abandonment of the Project roadway.
c. Termination.
1. For cause. A party may terminate this Agreement for material breach of the
Agreement by the other party. Prior to any termination under this paragraph, the
party allegedly in default shall be given written notice by the other party ofthe nature
of the alleged default. The party said to be in default shall have forty-five (45) days to l
cure the default. lfthe default is not cured within that time, the other party may 2
terminate this Agreement. Any such termination shall not relieve either party from ~l
liabilities or costs already incurred under this Agreement. ~~
II. At will. County or Town may terminate this Intergovernmental Agreement by giving I
sixty (60) days written notice. Such termination shall not relieve either party from g
those liabilities or costs already incurred under this Agreement.
PC/MARANA DOT 18 IGA 040204
7
111. A.R.S. & 38-511. This Intergovernmental Agreement is subject to the provisions of
A.R.S. g 38-511.
IV. Non-appropriation. It is acknowledged that all obligations ofthe County and Town
hereunder to make payments to or to incur costs for the specified Project shall be
subject to annual appropriation by the respective governing bodies and to any
limitation imposed by budget laws or other applicable state or local law or regulation,
and are undertaken subject to and in accordance with such processes and
constitutional limitations. Notwithstanding any other provision in this
Intergovernmental Agreement, this Intergovernmental Agreement may be terminated
if for any reason the Pima County Board of Supervisors or Marana Town Council
does not appropriate sufficient monies for the purpose of maintaining this
Intergovernmental Agreement. In the event of such cancellation, County and Town
shall have no further obligation to the other party other than for payment for services
rendered prior to cancellation.
v. Arbitrage. County may unilaterally terminate this Intergovernmental Agreement
whenever the County determines violations offederal arbitrage regulations are likely
to occur and may reallocate the Project funds.
Vl. Legal authority. Neither party warrants to the other its legal authority to enter into this
Agreement. If a court, at the request of a third person, should declare that either
party lacks authority to enter into this Agreement, or any part of it, then the
Agreement, or parts of it affected by such order, shall be null and void, and no
recovery may be had by either party against the other for lack of performance or
otherwise.
VB. Ownership ofpropertv upon termination. Any termination of this Intergovernmental
Agreement shall not relieve any party from liabilities or costs already incurred under
this Intergovernmental Agreement, nor affect any ownership of the Project
constructed pursuant to this Intergovernmental Agreement.
19. Indemnification.
a.
Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement
shall indemnify, defend and hold the other party, its governing board or body, officers,
departments, employees and agents, harmless from and against any and all suits, actions,
legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, ~
damages, liability, interest, attorney's, consultant's and accountant's fees or costs and ~
expenses of whatsoever kind and nature, resulting from or arising out of any act or omission &
ofthe indemnifying party, its agents, employees or anyone acting under its direction or
1
2
d
9
~~
PC/MARANA DOT 18 IGA 040204
8
control, whether intentional, negligent, grossly negligent, or amounting to a breach of
contract, in connection with or incident to the performance ofthis Agreement.
b. Preexisting conditions. To the fullest extent permitted by law, each party to this
Agreement shall indemnify, defend and hold the other party, its governing board or body,
officers, departments, employees and agents, harmless from and against any claims and
damages, as fully set out above in paragraph a, resulting from or arising out of the existence
of any substance, material or waste, regulated pursuant to federal, state or local
environmental laws, regulations or ordinances, that is present on, in or below or originated
from property owned or controlled by the indemnifying party prior to the execution of this
Intergovernmental Agreement.
c. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of
any claim, demand, suit or judgment against the receiving party for which the receiving party
intends to invoke the provisions ofthis Article. Each party shall keep the other party
informed on a current basis of its defense of any claims, demands, suits, or judgments under
this Article.
d. Negligence of indemnified party. The obligations under this Article shall not extend to the
negligence ofthe indemnified party, its agents or employees, except as provided in 19(a)
above.
e. Survival of termination. This Article shall survive the termination, cancellation or
revocation, whether in whole or in part, of this Intergovernmental Agreement.
20. Insurance. When requested by the other party, each party shall provide proof to the other of
their worker's compensation, automobile, accident, property damage, and liability coverage or
program of self-insurance.
21. Town Accounting of Project Costs. Town shall account for all funds expended under this
Agreement.
22. Books and records. Town shall keep and maintain proper and complete books, records and
accounts, which shall be open for inspection and audit by duly authorized representatives of any 1
other party at all reasonable times. All design and construction drawings, records, documentation 2
and correspondence shall be the property of Town at the completion of the Project, except copies ~
maintained by County for its records. Within three (3) months after acceptance of the Project by 9
Town, Town shall provide County "As-Built" original drawings at no cost to County. ~
23. County Inspection and Audit. County employees may perform any inspection of the Project or i
reasonable audit of any books or records of Town in order for the County to satisfy itself that the
PCIMARANA DOT 18 IGA 040204
9
monies on the Project have been spent and the Project completed in accordance with this
Agreement.
24. Construction of Agreement.
a. Entire Agreement. This instrument constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein.
b. Amendment. This agreement shall not be modified, amended, altered or changed except by
written agreement signed by both parties.
c. Construction and interpretation. All provisions of this Agreement shall be construed to
be consistent with the intention of the parties as expressed in the recitals hereof.
d. Captions and headings. The headings used in this Agreement are for convenience only and
are not intended to affect the meaning of any provision ofthis Agreement.
e. Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on
other provisions and their application which can be given effect without the invalid or void
provision or application, and to this extent the provisions of the Agreement are severable. In
the event that any provision ofthis Agreement is declared invalid or void, the parties agree
to meet promptly upon request of the other party in an attempt to reach an agreement on a
substitute provision.
25. Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either
limiting or extending the legal jurisdiction of County or Town.
26.
No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing
contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint
venture or employment relationship between the parties or create any employer-employee
relationship between County and any Town employees, or between Town and any County
employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities
whatsoever of the other, including (without limitation) the other party's obligation to withhold
Social Security and income taxes for itself or any of its employees.
j,
-,
i
27.
Workers's Compensation. An employee of either party shall be deemed to be an "employee" tl
of both public agencies while performing pursuant to this IGA, for purposes of A.R.S. S 23-1 022 ~
and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for ~
any worker's compensation benefits which may accrue. Each party shall post a notice pursuant to
the provisions of A.R.S. S 23-906 in substantially the following form:
PC/MARANA DOT 18 IGA 040204
10
All employees are hereby further notified that they may be required to work
under the jurisdiction or control or within the jurisdictional boundaries of
another public agency pursuant to an intergovernmental agreement or contract,
and under such circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of workers' compensation.
28. No Third Party Beneficiaries. Nothing in the provisions ofthis Agreement is intended to create
duties or obligations to or rights in third parties not parties to this Agreement or affect the legal
liability of either party to the Agreement by imposing any standard of care with respect to the
maintenance of streets and highways different from the standard of care imposed by law.
29. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws,
rules, regulations, standards and executive orders, without limitation to those designated within this
Agreement.
a. Anti-Discrimination. The provisions of A.R.S. S 41-1463 and Executive Order Number
99-4, issued by the Governor of the State of Arizona, are incorporated by this reference as
a part of this Intergovernmental Agreement.
b. Americans with Disabilities Act. This Agreement is subject to 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.
c. Compliance with County laws. Town agrees to comply with Pima County Code S
3.06.080, "Implementation of County Bond Projects in Other Jurisdictions" and Pima
County Ordinance No. 1997-80, Section Vill, "Implementation of Transportation Projects
in Other Jurisdictions."
30. Waiver. Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other term, covenant or condition, or any
subsequent breach ofthe same or any other term, covenant, or condition herein contained.
31. Force Majeure. A party shall not be in default under this Agreement ifit does not fulfill any ofits1
obligations under this Agreement because it is prevented or delayed in doing so by reason of ~
uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this ~~
Agreement, any cause beyond the control of the party affected, including but not limited to failure ~}
of facilities, breakage or accident to machinery or transmission facilities, weather conditions, f1oodr~
,.
earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor ~~
dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action ~
by governmental bodies in approving or failing to act upon applications for approvals or permits
which are not due to the negligence or willful action of the p~ies, order of any government officer
PC/MARANA DOT 18 IGA 040204
11
or court (excluding orders promulgated by the parties themselves), and declared local, state or
national emergency, which, by exercise of due diligence and foresight, such party could not
reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by
reason of uncontrollable forces shall exercise due diligence to remove such inability with all
reasonable dispatch.
32. Notification. All notices or demands upon any party to this agreement shall be in writing, unless
other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed
as follows:
Town of Maran a:
Director of Public Works
3696 W. Orange Grove Road
Tucson, Arizona 85741
Pima County:
Director,
Department of Transportation
& Flood Control District
201 N. Stone, 3rd floor
Tucson, Arizona 85701
33. Remedies. Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue ofthis Agreement.
In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the
Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the
Board, and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon
resolution of the Mayor and Council and attested to by its Clerk.
ATTEST: """"" TOWN OF MARANA:
~\'OF~1~
/"7 S'~~\\"llr",,~% ..
~ef'~co~;"tsi d
. wn C k S ,SEAL} i Bobby - - """";;yor
~ .., ~"'IU"\\\~ ~
~',1~fjaW\\\~
ATTEST: PIMA COUNTY:
~.~~
Lori Godoshian, Clerk of the Board
~~sc1
~
J1
~~
~~
Sharon Bronson, Chair of the Board
AUG 1 6 2004
@
9
'-
.tl
PC/MARANA DOT 18 IGA 040204
12
Approval
The foregoing futergovemmental Agreement between Pima County and the Town of Marana has been
reviewed by the undersigned, and is hereby approved as to content.
arhad Moghimi, P.E.
Director of Public Works
Town of Maran a
PC/MARANA DOT 18 IGA 040204
13
1
2
it
9
~~
t~
~
ll.
~i
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. S 11-952 by the undersigned, who have determined that it is in proper
form and is within the powers and authority granted under the laws of the State of Arizona to those
parties to the Intergovernmental Agreement represented by the undersigned.
Pima County:
~~
Deputy County Attorney
~
i
~
a
~
PCIMARANA DOT 18 IGA 040204
14
b ')5~b '1
Table of Contents
Recitals
1.
2.
3.
Purpose ........................................................... 3
Project ............................................................ 3
County Design Responsibilities ........................................ 3
a. Technical documents and drawings ............................ 3
b. Review and comment ........................................ 3
c. Construction plans and specifications ........................... 4
4. Construction ....................................................... 4
5. Town Review of Contracts ............................................ 4
6. Utility Relocations ................................................... 4
7. Rights of Way and Construction Easements ............................. 4
8. Right of Entry ...................................................... 4
9. Project Permits ..................................................... 4
a. Town permit fees ........................................... 4
b. County issuance of Town permits .............................. 4
e. Other permits required ...................................... 5
10. Public Art ......................................................... 5
11. Public Participation ................................................. 5
12. Project Manager and County Representative ............................ 5
13. Financing of the Project .............................................. 5
a. Allocation of County bond funds ............................... 5
b. Town responsibility for excess costs ............................ 5
c. Betterments ............................................... 5
14. Payment ........................................................... 6
15. Establishment of County Highway ..................................... 6
a. Petition to establish County highway ........................... 6
b. Establishment of County highway .............................. 6
16. Regulation of the Project During Construction ....................... ~... 6
17. Ownership, Operation and Maintenance ................................ 6
a. County inspection .......................................... 6
b. Abandonment of County highway within Town .................... 6
c. Acceptance of the Project by Town ............................. 6
i. Continued ownership and operation ................... 7
ii. Insurance; Repair and replacement. 7
d. Ownership of installed materials, equipment and appurtenances ..... 7
18. Term and Termination of Intergovernmental Agreement .................. 7
a. Effective Date ............................................. 7
b. Term ..................................................... 7
c. Termination ............................................... 7
i. For cause .................................... 7
ii. At will .......................................... 7
iii. A.R.S. § 38-511 ................................... 8
-i-
iv. Non-appropriation ................................ 8
v. Arbitrage ........................................ 8
vi. Legal authority ................................... 8
vii. Ownership of properW upon termination ............... 8
19. Indemnification ..................................................... 8
a. Mutual Indemnity. .......................................... 8
b. Preexisting conditions ....................................... 9
c. Notice .................................................... 9
d. Negligence of indemnified party ............................... 9
e. Survival of termination ...................................... 9
20. Insurance .......................................................... 9
21. Town Accounting of Project Costs ..................................... 9
22. Books and records ................................................... 9
23. County Inspeetian and Audit .......................................... 9
24. Construction of Agreement .......................................... 10
a. Entire Agreement .......................................... 10
b. Amendment .............................................. 10
c. Construction and interpretation .............................. 10
d. Captions and headings ..................................... 10
e. Severability .............................................. 10
25. Legal Jurisdiction .................................................. 10
26. No Joint Venture ................................................... 10
27. Workers's Compensation ............................................ 10
28. No Third Party Beneficiaries ......................................... 11
29. Compliance with Laws .............................................. 11
a. Anti-Discrimination ........................................ 11
b. Americans with Disabilities Act .............................. 11
c. Compliance with County laws ................................ 11
30. Waiver ........................................................... 11
31. Force Majeure .................................................. :.. 11
32. Notification ....................................................... 12
33. Remedies ......................................................... 12
-ii-
" .
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: RJL
DEPUTY RECORDER
9544 PE2
P0230
PIMA CO CLERK OF THE BOARD
PICKUP
RESOLUTION NO. 2004-290
DOCKET: 12443
PAGE: 451
NO. OF PAGES: 8
SEQUENCE: 20042350102
12/07/2004
RES 10:19
PICKUP
AMOUNT PAID $ 0.00
PIMA COUNTY RESOLUTION NO.2004-290 RECORDED IN DOCKET 12419, PAGE
00336 PIMA COUNTY RESOLUTION NO. 2004-290 IS HEREBY BEING RE-
RECORDED WITH THE CORRECTED PROCEEDING NUMBER 2983 ON PAGES ONE AND
TWO
DOCKET
PAGES
THROUGH
1
':-
ii
A.
3
e
tJ
t1
5
1
o
RESOLUTION AND ORDER NO. 2004- 290
A RESOLUTION AND ORDER OFTHE BOARD OF SUPERVISORS
OF PIMA COUNTY, ARIZONA PROVIDING FOR THE
ESTABLISHMENT OF A PORTION OFCORTARO ROAD WITHIN
THE INCORPORATED LIMITS OF THE TOWN OF MARANA AS A
COUNTY HIGHWAY FOR THE PURPOSES OF THE 1997 BOND
CORT ARO ROAD IMPROVEMENT PROJECT.
UNDER PROCEEDING NO. 2983
WHEREAS, the Town of Marana has submitted to the Pima County Board of Supervisors a
petition for the establishment of a portion of Cortaro Road within the incorporated town limits as a
county highway, pursuant to the provisions of A.R.S. ~ 28-6701(B), said road being more fully
,I
described in attached Exhibit A-I; and
WHEREAS, the County Engineer filed a report and map of the proposed highway with the
Board in accordance with A.R.S. 28-6702(1); and
WHEREAS, said petition was set for a hearing before the Board on October 19,2004, in
accordance with A.R.S. 28-6703; and ~
J1
J1
WHEREAS, notice of the hearing was published once a week for two consecutive weeks in a 3
(]
newspaper of general circulation prior to the hearing; and ~
5
WHEREAS, at the hearing this 191h day of October, 2004, the Board considered the feasibility, 2
advantages and necessity of the highway sought to be established; and
I.
WHEREAS, the Board determined that the proposed highway is a public necessity.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Supervisors of Pima
County hereby grants the petition filed by the Town of Marana for the establishment of a portion of
Cortaro Road as county highway, as more fully described in attached Exhibit A-I.
IT IS HEREBY ORDERED that the above described county highway is hereby established,
and that the Clerk of the Board of Supervisors shall record this Resoluti on and Order, together with a
map of said highway as Establishment Proceedings No. 2983
in the Office of the County
Recorder, Pima County, Arizona.
DONE BY ORDER of the Board of Supervisors of Pima County, Arizona, this 19th day of
October
.2004.
Sharon Bro n, Chair
Pima County Board of Supervisors
October 19, 2004
"
q~~r ~ ~oWd Q f SJlli-erJ'}scjrs ?
~'.. I,. . v U U Ie It r.. . .
ii.''.'- " ':, \. .:" .~. .
'\i. , *', ....';..~ .. J " ,'.
'., . ..... -..
I. .... ..- .... ,
~!j'i;i~PRM:
- - ,.,. " ..' ','
Depu~ unY!i;F
-2-
_ r_r/ _#J
1 .
2
11
t1
3
fil
S
4
5
3
F. ANN RODRIGUEZ, RECOZRDER /
RECORDED BY: J V
DEP7UY R ORDER
4437 PE2
P02
P CO CLERK OF THE COURT
ICK UP /
~/
DOCKET:
PICKUP
RESOLUTION AND ORDER NO. 2004- 290
A RESOLUTION AND ORDER OFTHE BOARD OF SUPERVISORS
OF PIMA COUNTY, ARIZONA PROVIDING FOR THE
ESTABLISHMENT OF A PORTION OF CORT ARO ROAD WITHIN
THE INCORPORATED LiMITS OF THE TOWN OF MARANA AS A
COUNTY HIGHWAY FOR THE PURPOSES OF THE 1997 BOND
CORT ARO ROAD IMPROVEMENT PROJECT.
UNDER PROCEEDING NO. 2968
WHEREAS, the Town of Marana has submitted to the Pima County Board of Supervisors a
petition for the establishment of a portion of Cortaro Road within the incorporated town limits as a
county highway, pursuant to the provisions of A.R.S. ~ 28-6701 (B), said,road being more fully
WHEREAS, the County Engineer filed a report and map of the proposed highway with the
~
u
11
:5
flI
6l
a
5
4
described in attached Exhibit A-I; and
Board in accordance with A.R.S. 28-6702(1); and
WHEREAS, said petition was set for a hearing before the Board on October 19, 2004, in
accordance with A.R.S. 28-6703; and
')
: i
WHEREAS, notice of the hearing was published once a week for two consecutive weeks in a
newspaper of general circulation prior to the hearing; and
II
: J
WHEREAS, at the hearing this 19th day of October, 2004, the Board considered the
. j
I'
feasibility, advantages and necessity ofthe highway sought to be established; and
t-
J
"
WHEREAS, the Board determined that the proposed highway is a public necessity.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Supervisors of Pima
County hereby grants the petition filed by the Town of Maran a for the establishment of a potion of
Cortaro Road as county highway, as more fully described in attached Exhibit A-I.
IT IS HEREBY ORDERED that the above described county highway is hereby established,
and that the Clerk of the Board of Supervisors shall record this Resolution and Order, together with a
map of said highway as Establishment Proceedings No. ,{l7hi in the Office of the County
Recorder, Pima County, Arizona.
DONE BY ORDER of the Board of Supervisors of Pima County, Arizona, this 19th day of
OCTOBER
, 2004.
~~S~
ATTEST:
~.~~
Clerk, Board of Supervisors
J: : '
APPROVED AS TO FORM:
Iti
'(i
~
9
-2-
;2Q-St -D '1
...,.
PETITION FOR ESTABLISHMENT OF COUNTY HIGHWAY
Board of Supervisors of Pima County, Arizona:
Th~ Town of Marana, by and through its City Council, respectfully petitions that
pursuant to A.R.S. ~ 28-6701(B) the Board of Supervisors establish and declare as a county
highway the road described in the attached Exhibit A.
~R'1
Michael Reuwsaat, Town Manager
Dated this 1L day of ~,. .1 , 2004
,
1
a
a
3
rg
fll
11
5
6
..-:; 1-
EXHIBIT 'A'
ROAD PROCEEDING 2968
Lee:al Description
CORT ARO FARMS ROAD Union Pacific Railroad To Star Grass Drive
.
All of those portions ofCortaro Farms Road from Union PacifkRailroad to Star Grass
Drive as shown in the Pima County Department of Transportation and Flood Control
District's construction plans for CORTARO FARMS ROAD Union Pacific Railroad
To Star Grass Drive. dated 3/31/03. on file in the offices of the County Engineer, Pima
County, Arizona, lying within the corporate limits of the Town of Maran a, Pima County,
Arizona. .
Rc
~
A
A
3
~
G
4
5
7
18 Vl10H:l Vl
1
1
I.........,........
1 :
1 :
t---..;--
1 .
1 :
I.........:..... '
1 ,
,I :
.:(
UJ
0::
.:(
t-
U
LU
.
m
::l
en
<
~
~
c:q
.~
:I:
~
~
~
C\1
::r:::
~
,~
o
CJ)
C\1
~
~
l!J
C\l
CJ)~
Z~
055
E:z
U~
~'O
CJ)~
~
if]
<
~
C\l
~
~
CJ
Z
<
~
-<
:z:
o
-------..,
.-1
I
I
I
I
I
I
I
I
I
I
I
\'
I
I
I
I
1
NI
'it :l3S
I
I
I
I
I
I
I
I 'iZ :l3S
T~
I
I
I
a:l
(0
0'1
N
==-==
Cl
Z
o
W
W
U
o
0::
a..
o
<(
o
0:::
t-
U
W
.
o
0:::
a..
~
:I:
t-
I
z
o
J-
<(
J-
~
o
CL
if)
~ ,~
0:::: tf)
J- >
u.... 0
o
tf)
w
J- U
Z >
w ~
~ ~,
t-
o:::: -1
<( <(
(L U
W Z
o :r:
U
>- w
J- I-
Z
::J
o
U
<(
~
CL
...,.
o
o
N
Cl
::>
<
..
UJ
t-
.:(
o
U1
Cl
z
::i
...J
m
.
0::
>-
m
z
~
ct:
0::
o
1
2
4
t1
3
61
6) UJ
it ';t
50
8 en,
o
t-
t-
o
Z
z ~,~
- r
m
co
o
oct
l""'1
PETITION FOR ESTABLISHMENT OF COUNTY HIGHWAY
Board of Supervisors of Pima County, Arizona:
The Town of Marana, by and through its City Council, respectfully petitions .that
pursuant to A.R.S. ~ 28-6701(B) the Board of Supervisors establish and declare as a county
,
highway the road described in the attached Exhibit A.
~fiLlt
Michael Reuwsaat, Town Manager
Dated this "n.. day of ~,,! , 2004
EXHIBIT 'A'
ROAD PROCEEDING 2968
Le2al Description
CORTARO FARMS ROAD Union Pacific Railroad To Star Grass Drive
All of those portions of Cortaro Farms Road from Union Pacific Railroad to Star Grass
Drive as shown in the Pima County Department ofTranspoitation and Flood Control
District's construction plans for CORTARO FARMS ROAD Union Pacific Railroad
To Star Grass Drive. dated 3/31/03, on file in the offices of the County Engineer, Pima
County, Arizona, lying within the corporate limits of the Town of Marana, Pima County,
Arizona.
1a YTlOH::l Vl
r--""--- --,..--,
I: . 1
I: 1
I.........:........ ........:.........1
I: : I
1 N1 ~llMI j I
1 . ........~........l ~
1 : 1 u:o 0
1 : IE ~ IN ~
r.......~........ l....j.........:.:cs ~
I : ...: I lI'J::E! -
..--~-- --~-- N ~ i:
1 : ~: Z.:csZ
I : ...: IOt:l::>
I.........~..... . 8....: ....I E:: 0
I: . lu U
I: I r:a -<
!......... ~ .... .......:.........! en ::Ii!
I: : I -
I :~: I ~
I : ~ I
:..... ; .......(..... ~ ~.;..:
. . .
. . .
<(
w
cr
<(
I-
U
W
....,
lXl
:::l
Vl
<
~
~
~
~
::r::
:>< ~Z 035
~ 9Z 035
I
I
I
::r:: I
~ ~ I
C\1 ~ I
0 I
c<3 r.n. ~
r.n.
l(J C\1 <
C\1 ,.....; ~
7JJ ~ C\1
~ ,.....;
z ::r::
0 ifJ. ~
~ Z 0
~
U ~ Z
~ 0 <
r.n. ~ ~
.q-
--------, 0
0
N
<.:>.
:::l
<(
Z w
I-
0 <(
Cl
-
I-
<(
I-
0::::
0
0..
U1
Z z
<( 0
-
Ck: (/) (/)
I- > (:)
- z
u.. 0 ...J
...J
0 (/) m
W
I- 0 a::
Z >
W 0::: >-
~ W m
l- (/) z
0:::: ~
..J <
<( <{ a::
0.. 0 0
w -
z
0 :r:
~Z 035 0
9Z 035 >- W
l- I--
Z
::>
0 w
00 ...J
<D U <
O'l U
N (/)
~
<.:> <( 0
Z ~ I-
0 - I-
W 0.. 0
w
U Z
0 <.:>
a::
0.. Z
0 ~
<( <
0 a::
a:: 0
I-
U
W
....,
0
a::
0..
U1
I
l-
I z ~J"
--
0'1
lO
0
.q-
0
~-,-,_... .. ... ~ ...,
15 0 ONlt"Iv:l