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HomeMy WebLinkAboutResolution 2022-088 Approving and Authorizing the Mayor to Execute the First Amendment to the IGA Between CMID and Town of Marana MARANA RESOLUTION NO. 2022-088 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CORTARO-MARANA IRRIGATION DISTRICT AND THE TOWN OF MARANA RELATING TO THE OWNERSHIP AND OPERATION OF THE NON-POTABLE WATER SYSTEM IN NORTH MARANA WHEREAS the Town of Marana and the Cortaro-Marana Irrigation District (CMID) entered into an Intergovernmental Agreement effective December 10, 2013, as recorded in the records of the Pima County Recorder at sequence 20133440257, for the transfer of ownership and operation of the North Marana Non-Potable Water Systems from the Town to CMID ("Non-Potable IGA"); and WHEREAS the Town and CMID desire to amend the Non-Potable IGA to reflect current circumstances regarding CMID's ownership and operation of the non-potable system; and WHEREAS the Town and CMID have authority to enter into this amendment pursuant to A.R.S. § 11-952; and WHEREAS the Mayor and Council find that entering into the First Amendment to the Non-Potable IGA is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the First Amendment to Intergovernmental Agreement between the Cortaro-Marana Irrigation District and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out its terms, obligations, and objectives. 00082911.DOCX/1 Resolution No.2022-088 - 1 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of August, 2022. 4077 /2d Ma, Ed Honea ATTEST: APPROVED AS TO FORM: Cc'C David Udall, Interim Town Clerk Jan- "a‘all, Town Attorney MARANA AZ ESTABLISHED 1977 00082911.DOCX/1 Resolution No.2022-088 - 2 - Exhibit A to Marana Resolution No. 2022-088 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CORTARO-MARANA IRRIGATION DISTRICT and THE TOWN OF MARANA, PIMA COUNTY,ARIZONA This First Amendment to Intergovernmental Agreement Between The Cortaro-Marana Irrigation District and The Town of Marana("Amendment") is entered into by and between the Cortaro-Marana Irrigation District, a political subdivision of the State of Arizona(the "District"), and the Town of Marana, a municipal corporation of the State of Arizona("Marana") (individually referred to as "Party" and collectively referred to as "Parties"). RECITALS a. Marana and the District have authority to enter into this Amendment pursuant to ARIZ. REV. STAT. § 11-952. b. Marana and the District entered into an Intergovernmental Agreement Between the Cortaro-Marana Irrigation District and the Town of Marana, effective December 10, 2013, as recorded in the records of the Pima County Recorder at sequence 20133440257 ("Non-Potable IGA"). c. Since the effective date of the Non-Potable IGA, the District has expanded its non-potable service to other locations within the District's service area. As a result, the Town and the District desire to make certain amendments to the Non-Potable IGA to address this expansion, future expansion, and to clarify certain rights and responsibilities under the Non- Potable IGA. AGREEMENT In consideration of the mutual promises of the Parties, each had and received of the other, and other good and valuable consideration,the receipt of which is acknowledged, it is hereby agreed as follows: 1. Purpose. The purpose of this Amendment is to modify portions of the Non- Potable IGA, amending certain duties, obligations, and responsibilities of the Parties concerning the Non-Potable IGA. The recitals above are incorporated herein as though set forth in full. Those defined terms contained in the Non-Potable IGA shall have the same meaning herein 00079965.DOCX/2 Page 1 of 6 Exhibit A to Marana Resolution No. 2022-088 unless otherwise defined in this Amendment. Except as amended as set forth herein, the remaining terms of the Non-Potable IGA remain in full force and effect. 2. Term and Termination. This Amendment shall become effective on the Effective Date, set forth below, and shall terminate concurrently with the termination of the Non- Potable IGA. If the Non-Potable IGA is terminated by mutual consent or pursuant to ARIZ. REV. STAT. § 38-511, the provisions of Paragraph 19 of the Non-Potable IGA, as amended by Paragraph 7, below, shall survive and shall apply, unless otherwise agreed to in writing by the Parties. This Amendment and the Agreement shall not affect or impair the validity and enforceability of any agreement regarding the provision of non-potable water between the District and homeowner associations, developers, and/or other property owners. 3. Expansion of Non-Potable IGA. Paragraph 18 of the Non-Potable IGA provides that the District will be the Non-Potable water service provider for all future developments located within areas where the Marana and District services areas overlap and where it is economically feasible for the developer to extend the Non-Potable System to the proposed development. Except as specifically set forth herein, the terms of the Non-Potable IGA shall be generally expanded to include all of those areas and properties to which the District now supplies non-potable water service, and to those future areas and properties in which non-potable service provided by the District is expanded or otherwise added. District owned non-potable facilities located within the Town of Marana, whether now existing or added in the future, are referred to herein as the "District Non-Potable System." Notwithstanding recital (f) of the Non-Potable IGA, which provides that the Parties will continue to adhere to the present policy which does not require the provision of non-potable service to new residential lots or require non-potable lines to be extended to new residential lots, the District shall not be restricted or limited from the provision of non-potable service to any potential customer or land owner within the District's service area by this Amendment or the Non-Potable IGA. 4. Infrastructure Improvements. The Parties acknowledge that the non-potable water system related to Well #18 as referenced in Paragraph 4 of the Non-Potable IGA has been constructed and is fully operational. The Parties further agree that any and all backup or redundant system construction and operation of the District Non-Potable System shall be within the sole discretion of the District. 5. Amendment to Paragraph 10 of Non-Potable IGA. Paragraph 10 of the Non- Potable IGA is hereby replaced in its entirety by the following: "10. Coordination of Non-Potable System Repairs. All District scheduled repairs of the District Non-Potable System within the Town of Marana, and within a Town of Marana right-of-way or public roadway, will be coordinated with the Town of Marana prior to District initiation of the repair. All street related restorations will be at the cost of the District, and inspected by Marana after completion to ensure approval of the physical condition of the restored street. Emergency repairs of the District Non-Potable System within a Town of Marana right-of-way may be undertaken by the District as required to minimize damage to property, and notice shall be provided by the District to 00079965.DOCX/2 Page 2 of 6 Exhibit A to Marana Resolution No. 2022-088 the Town of such a repair as soon as practicable. Completion of emergency related repair work shall be coordinated with the Town of Marana. The Parties agree they will work together at all times because of the proximity of the Town's infrastructure to the District's Non-Potable System infrastructure. Conversely, the District requires notification by Marana of scheduled or emergency repairs of Town facilities in the proximity of the District Non-Potable System infrastructure." 6. Amendment to Paragraph 11 of Non-Potable IGA. Paragraph 11 of the Non- Potable IGA is hereby replaced in its entirety by the following: "11. Right-of-Way Use License. The District requires a Right-of-Way Use License from Marana to operate, construct, repair, and maintain its facilities within the Town of Marana's rights-of-way, which is hereby granted for the District Non-Potable System located within the Town's rights-of-way. This license permits the District to construct, maintain, and repair the District Non-Potable System as required without the need for individual permits or other permission from the Town of Marana for each occasion as construction, maintenance, or repair is required. The Right-of-Way Use License hereby granted will be permanent, perpetual, and no cost to the District as long as the District is operating the District Non-Potable System. In the event of termination of the Non- Potable IGA, this right of way license grant will be terminated and of no further force or effect." 7. Amendment to Paragraph 19 of Non-Potable IGA. Paragraph 19 of the Non- Potable IGA is hereby replaced in its entirety by the following: "19. Non-Delivery Event. In the event that the District dissolves, cannot deliver (as determined by the District), or chooses to stop delivering non-potable water, in whole or in part (a"Non-Delivery Event"), the District and Marana agree to negotiate in good faith toward the goal of entering into an agreement regarding the provision of a different source of water into or other alternative related to that portion of the District Non- Potable System that is the subject of the Non-Delivery Event." 8. Deletion of Recital (d) of Non-Potable IGA. Recital (d) of the Non-Potable IGA is hereby deleted. 9. Effective Date. This Amendment shall be effective when fully executed and recorded with the Office of the Pima County Recorder. 00079965.DOCX/2 Page 3 of 6 Exhibit A to Marana Resolution No. 2022-088 IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the last signature date of the person signing on behalf of the respective Parties. DISTRICT: Cortaro-Marana Irrigation District, Pima County, Arizona Jon Post, President Attest: Laurie Hughes, Secretary STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) Subscribed and sworn before me this day of , 2022 by Jon Post, President of the Cortaro-Marana Irrigation District, Pima County, Arizona, a political subdivision of the State of Arizona, on its behalf. (Seal) Notary Public STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) Subscribed and sworn before me this day of , 2022 by Laurie Hughes, Secretary, of the Cortaro-Marana Irrigation District, Pima County, Arizona, a political subdivision of the State of Arizona, on its behalf. (Seal) Notary Public 00079965.DOCX/2 Page 4 of 6 Exhibit A to Marana Resolution No. 2022-088 MARANA: Town of Marana Ed Honea, Mayor Attest: Cherry L. Lawson, Town Clerk STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) Subscribed and sworn before me this day of , 2022 by Ed Honea, Mayor of the Town of Marana, , on its behalf. (Seal) Notary Public 00079965.DOCX/2 Page 5 of 6 Exhibit A to Marana Resolution No. 2022-088 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Amendment between the Cortaro-Marana Irrigation District and the Town of Marana has been reviewed pursuant to A.R.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 Amendment represented by the undersigned. Cortaro-Marana Irrigation District Attorney for the District Town of Marana Town Attorney 00079965.DOCX/2 Page 6 of 6