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Home My WebLink About03/20/2007 Blue Sheet IGA with Oro Valley TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-37: Relating to Water; approving and au- thorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the Northwest Fire District fire station located in Marana. DISCUSSION The Towns of Marana and Oro Valley agree that the Northwest Fire District fire station located in Marana requires water service for the health, safety, and welfare of the residents surrounding that fire station. Since it is currently not economically feasible for Marana to provide water ser- vice to that fire station, Oro Valley has agreed to provide temporary water service there until such time as Marana can hook up its own. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-37, approving and authorizing the Town of Oro Valley to provide water service to the Northwest Fire District fire station in Marana. A TT ACHMENT(S) Intergovernmental Agreement between the Town of Marana and the Town ofOro Valley SUGGESTED MOTION I move to adopt Resolution No. 2007-37. {00004143.DOC /} FJC/cds 2/27/07 MARANA RESOLUTION NO. 2007-37 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY FOR WATER SERVICE TO THE NORTHWEST FIRE DISTRICT FIRE ST A nON LOCATED IN MARANA. WHEREAS the Town of Maran a and the Town ofOro Valley agree that the Northwest Fire District fire station located in Marana requires water service for the health, safety and welfare of the residents surrounding the fire station; and WHEREAS the Town ofOro Valley has agreed to temporarily provide water service to this fire station until such time as Marana can hook up its own water service to this location; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of those residents to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Maran a and the Town of Oro Valley attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of March, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004/42.DOC /} FJC..cds 2/27/07 RESOLUTION NO. (R) 07-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE TOWN OF MARANA FOR WATER SERVICE TO THE NORTHWEST FIRE DISTRICT FIRE STATION WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, The Town of Marana ("Marana") and the Town ofOro Valley("Oro Valley") may contract for services and enter into agreements with one another for joint or cooperative action pursuant to AR.S. g 11-951, et seq.; and WHEREAS, pursuant to AR.S. 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, Marana and Oro Valley agree that the Northwest Fire District ("NWFD") Fire Station, located in Marana, requires water service for the health, safety and welfare of the residents surrounding the NWFD Fire Station; and WHEREAS, it is currently not economically feasible for Marana to provide water service to the Property; and WHEREAS, Marana desires that Oro Valley provide temporary water service to the Property until such time that Marana can hook up its own water service to the Property; and WHEREAS, Oro Valley can temporarily provide water service to the Property until such time that Marana can hook up its own water service to the Property; and WHEREAS, for the health, safety and welfare of the residents surrounding the Property, Oro Valley shall provide water service to the Property until Marana can provide its own water service to the Property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana to provide temporary water service to the Northwest Fire District Fire Station, attached hereto as Exhibit "A", is hereby approved. C:\DocumaJIs and Sdtings'v.<a1ctta\Local Sdtings\TanporlIy bUrnet Fil..\OLKIF3\RcoolW... fer NWFD Fire SUli... (2~doc Town or Oro Valley Attorney's Officellcal022007 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 7th day of March, 2007. TOWN OF ORO VALLEY /~ Paul H. Loomis, Mayor --- ATTEST: ~c, (]Dof-ll : Kath'iyn Cuvelier, Town Clerk Date: 3 ~ )J- --07 APPROVED AS TO FORM: Date: ~/12IDt C:\DocusnerO.w settings\psaldta\Local Settings\T~ 1nI:mx:t Files\OLK.lF3\ResolWon for NWFD Fire Station (2).doc Town or Oro Valley Attorney's OffittllcW022007 EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT C:\Dowments and sdtings\psaletta\Local Settings\Taq>ornry Internd. Files\OLKlF3\Resolution for NWFD Flre Slation (2).OOc Town or Ore Valley Attorney's Qfficel/cal022007 ." ' INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND THE TOWN OF ORO VALLEY FOR WATER SERVICE TO THE NORTHWEST FIRE DISTRICT FIRE STATION This Intergovernmental Agreement ("IGA") is entered into by and between the Town of Marana, a political subdivision of the State of Arizona ("Marana") and the Town of Oro Valley, a municipal corporation ("Oro Valley"), collectively referred to as the "Parties", pursuant to A.R.S. ~ 11-952. RECITALS WHEREAS, Marana and Oro Valley 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, Marana and Oro Valley agree that the Northwest Fire District ("NWFD") Fire Station (hereinafter referred to as the "Property"), located in Marana (which Property is described in Exhibit "A" attached hereto), requires water service for the health, safety and welfare of the residents surrounding the NWFD Fire Station; and WHEREAS, it is currently not economically feasible for Marana to provide water service to the Property; and WHEREAS, Marana desires that Oro Valley provide temporary water service to the Property until such time that Marana can hook up its own water service to the Property; and WHEREAS, Oro Valley can temporarily provide water service to the Property until such time that Marana can hook up its own water service to the Property; and WHEREAS, for the health, safety and welfare of the residents surrounding the Property, Oro Valley shall provide water service to the Property until Marana can provide its own water service to the Property. NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the Parties agree as follows: AGREEMENT 1. Marana's Responsibilities A. Marana agrees to permit Oro Valley to provide water service to the Property until such time that Marana can provide its own water service to the Property. B. Marana agrees to permit Oro Valley to provide water service to the Property in accordance with Oro Valley's standard water service rates, fees and commitments to existing customers. C. Marana shall have no right to reimbursement from Oro Valley for any portion of the cost of construction and installation of the water supply line and facilities to the Property. D. Marana hereby agrees to cooperate with Oro Valley to connect the Property to the Marana water service and disconnect the Property from the Oro Valley water service when Marana water service becomes available to the Property. 2. Oro Valley's Responsibilities A. Oro Valley shall provide water service to the Property. B. Oro Valley shall charge standard water development fees to the NWFD. All fees collected will be revenues to Oro Valley and no credits will be paid to Marana or NWFD now or at the time of disconnection from Oro Valley water service. C. Oro Valley shall charge and collect the standard water rates to NWFD based upon usage. All water rates charges collected by Oro Valley will be revenues to Oro Valley so long as water service is provided by Oro Valley. D. Oro Valley hereby agrees to cooperate with Marana to connect the Property to the Marana water service and disconnect the Property from the Oro Valley water service when Marana water service becomes available to the Property. 3. Termination. Either 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 of the nature of the alleged default. The Party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 4. Non-assignment. Neither Party to this Agreement shall assign its rights under this Agreement to any other party. c:\Documents md Sdtings\psaletta\Local Setti:ngs\Tcmponry Internet Files\OLKIF3\Marana and TOV ~ Fire District Fire stationdoc 5. Amendments. This Agreement may be modified, amended, altered or changed by written agreement signed by both Parties. 6. 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. 7. Captions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 8. 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 of this 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. 9. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38- 511. 10. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in Oro Valley upon completion of the Project. 11. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Oro Valley or Marana. 12. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between Oro Valley and Marana employees, or between Marana and Oro Valley employees. Neither party shall be liable for any debts, accounts, obligations or 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. 13. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability of either Party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 14. 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. C:\Docwnems and Settings\psaletta\Local Settings\Temporary Internet Files\OLKlF3\Marana md TOV~ Fire District Fire StWon.doc a. Anti-Discrimination. The provisions of A.R.S. 9 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 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. 15. 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 of the same or any other term, covenant, or condition herein contained. 16. 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: Marana Town of Oro Valley Town of Maran a Utilities Director 51 00 West Ina Road Tucson, Arizona 85743 Town Water Utility Director Town ofOro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Town Attorney Town of Maran a 11555 W. Civic Center Drive Marana, Arizona 85653 Cc: Town Attorney Town ofOro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 17. 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 of this Agreement. 18. 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. C:\Documenls and settings\psaletta\Local Settings\Tcmponry Irternd Files\OLKlF3\Marana and TOV ~ Fire District Fire Stationdoc IN WITNESS WHEREOF, the Town of Oro Valley and the Town of Marana have caused this Agreement to be executed by the Mayor and Council of the Town of Oro Valley and the Town of Marana, upon resolution of the their respective Mayor and Council and attested to by the Clerk of Maran a and the Town ofOro Valley. TOWN OF MARANA TOWN OF ORO VALLEY ~~ Paul H. Loomis, Mayor -. Eddie Honea, Mayor ATTEST: ATTEST: Jocelyn C. Bronson, Town Clerk I' Date: ?~ I ,)- -0 7 Date: c:\Docummts and settings\psaldta\Loca1 Sdtings\Tcmporary Internet Files\OLKlF3\M1wa1a and TOV~wcst Fire District Fire Station doc ATTORNEY CERTIFICATION The foregoing Agreement by and between the Town of Marana and the Town of Oro Valley has been reviewed pursuant to A.R.S. Section 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 Agreement. TOWN OF MARANA: Jd>~2 Dati ( TOWN OF ORO VALLEY: 3//2/01 Date C:\Dorumcnls and Settings\psaldta\Local Settings\Tml)orary Intand Files\OLKlF3\Mnna and TOV N@hwestFireDistrictFireStationdoc EXHIBIT "A" MAP OF PROPERTY C:\Documenls and Sdtings\psaJdta\Loca1 Settin&s\T~ Intemet Files\OLKlF3\Marana and TOVNfthwest Fire District Fire stationdoc EXHIBIT A PORTION OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, G.&S.R.M., PIMA COUNTY, AZ. '~D f2 .0 UJ a 10 ~ ~ G I TAX PARCEL #221-13-009 DKT. 10810 PG. 491 o ] CORTARO FARMS ROAD 1-- NORTH I SCALE: 1"=500' o I~ CJ) .UJ o UJ a o ~ d I ~ fq.] TETRA TECH, INC. L-<FRASiRUCTURS SoUrrlWSST GROUP 33 N. Stant!, 15th Floor Tucson. AZ 85707 (520) 523-7980 [),I,"fE . t.lAY 2005 JOB NO. 474l;-Ol LEGAL DESCRIPTION NORlnwEST FIRE DISTRICT STATION 38 ALL OF THAT PORTION OF THAT PARCEL DESCRIBED IN DOCKET 10810 AT PAGE 491 RECORDS OF PIMA COUNTY, ARIZONA, SAID PARCEL BEING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING DESCRIBED AS FOLLOWS: THE NORTH 260.00 FEET OF THE WEST 250.00 FEET OF THE EAST 280.00 FEET OF . THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 25. CONTAINING 1.49 ACRES OR 65,000 SQUARE FEET, MORE OR LESS. RICHARD B. HOWELL JR., R.L.S. S:\JOBS\4746\4746-01I1egal\NW Fire Station 38.doc LEGAL LOG 986 Page 1 ofl "." -.. -.- --- --.. - ,Mark Mdore ' S' em-- .o'rC..l.v-l.l Enoinp.p.r1na Tp.~hni~ij:ln -0-----0 ~ __~_4~ Oro V alley Water Utility 11000 N.La Canada Dr Oro Valley, AZ 85737 TUCSON WATER DEPARTMENT December 11, 2006 '., .:~ '.':'" ~:'r;, ,) ~. ~:~;';:;f--;JiDjtj--:-:'-~-"~-~~~-;- 1 - /J c)'! 0.... "~,,? f.,.1.,-~} '-CliY~oF TUCSON Dear Mark Moore, We do not have allY objection to honorl..ng Northwest Fire District's request for Ora Valley Water Utility providing water service. Sincerely, ~::.;~ Engineering M~ager New Development Unit Tucson Water (520) 791-2685 fiB NEW DEVELOPMENT. P.O, BOX 27210. TUCSON, AZ 85726-7210 (520) 791-4718 . FAX (520) 791-5288 . TTY (520) 791-2639 · www,cityoftucson.org @