HomeMy WebLinkAboutResolution 2022-111 Approving and Authorizing the Mayor to Execute a Termination Agreement between the Regional Transportation Authority of Pima County and the Town of Marana Wildlife Linkages Amendment toIntergovernmental Transportation Funding Agreement MARANA RESOLUTION NO. 2022-111
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A TERMINATION AGREEMENT BETWEEN THE REGIONAL
TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF
MARANA TO TERMINATE THE WILDLIFE LINKAGES AMENDMENT TO
INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT FOR
CONSTRUCTION OF IMPROVEMENTS TO TANGERINE ROAD-DOVE MOUNTAIN
BOULEVARD/TWIN PEAKS ROAD TO LA CANADA DRIVE
WHEREAS A.R.S. § 48-5301, et seq., authorizes the Regional Transportation
Authority of Pima County (RTA) to act as a regional taxing authority for the purpose of
funding multi-modal transportation operations and improvements identified in the
Regional Transportation Plan approved on May 6, 2006; and
WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to
administer and distribute the regional transportation funds to the members of the RTA
and to sell bonds in furtherance of that purpose to fund those projects or programs
identified in the Regional Transportation Plan; and
WHEREAS the Town Council adopted Marana Resolution Nos. 2009-101,2010-42,
and 2012-10, approving and amending an intergovernmental agreement with the RTA to
facilitate and pay for a design concept report for the Tangerine Road corridor from La
Canada Drive to Interstate 10; and
WHEREAS the Town Council adopted Marana Resolution No. 2015-102 on
September 15, 2015, approving an intergovernmental agreement with the Regional
Transportation Authority of Pima County (RTA) for construction of improvements to
Tangerine Road from Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive
(the "Project IGA"); and
WHEREAS the Town Council adopted Marana Resolution No. 2016-094 on
September 20, 2016, approving a Wildlife Linkages Amendment to the Project IGA; and
WHEREAS the Wildlife Linkages Amendment provided a funding amount of
$2,600,000.00 for design and construction of various wildlife linkage improvements for
the project; and
WHEREAS the improvements addressed by the Wildlife Linkage Amendment
have been completed and are now fully operational, and the parties now wish to
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Resolution No.2022-111 - 1 -
terminate the Wildlife Linkages Amendment and make the remaining funds available
(approximately $981,542.00) for the next phase of the wildlife linkage improvements
along Tangerine Road from Interstate 10 to Dove Mountain Boulevard/Twin Peaks Road;
and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best
interests of the citizens of Marana to enter into the termination agreement addressed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA,that the termination agreement between the Town of Marana
and the RTA attached to and incorporated within this resolution as Exhibit A is hereby
approved, and the Mayor is authorized to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations,conditions and objectives of the termination agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of November 2022.
Mayor Ed Honea
ATTEST: APPRO ED AS TO FORM:
David L. Udall, Town Clerk Jap'*Fairall, own Attorney
MARANA
ESTABLISHED , 9 / 1
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Resolution No.2022-111 - 2 -
Exhibit A to Marana Resolution No. 2022-111
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REGIONAL TRANSPORTATION AUTHORITY OF PIMA
COUNTY (RTA)
TERMINATION OF INTERGOVERNMENTAL AGREEMENT
AMENDMENT RECORDED IN SEQUENCE 20163410467
PROJECT: TRANSPORTATION FUNDING AGREEMENT
FOR THE WILDLIFE LINKAGE IMPROVEMENTS ALONG
TANGERINE ROAD
PARTIES: RTA AND THE TOWN OF MARANA
ORIGINAL TERM: Not specified ORIGINAL AMOUNT: $2,600,000.00
CURRENT TERMINATION DATE: Not specified PRIOR AMENDED AMOUNT: $0.00
AMENDED TERMINATION DATE: 11/3/2022 AMOUNT THIS AMENDMENT: $0.00
TERMINATION AGREEMENT
WHEREAS, the Regional Transportation Authority of Pima County (“RTA”) has entered into an Intergovernmental
Agreement with the Town of Marana (“Town”) to facilitate the construction of improvements to Tangerine Road – Dove
Mountain Boulevard/Twin Peaks Road to La Cañada Drive recorded with its authorizing resolutions in the Pima County
Recorder’s office on October 21, 2015, at Sequence 20152940571 (the “Project IGA”).
WHEREAS, RTA and Town subsequently entered into the Wildlife Linkages Amendment to the Project IGA to design and
construct wildlife linkage improvements along the segment of Tangerine Road from Dove Mountain Boulevard/Twin Peaks
Road to La Cañada Drive recorded with its authorizing resolutions in the Pima County Recorder’s office on December 6,
2016, at Sequence 20163410467 (the “Wildlife Amendment”).
WHEREAS, the original Wildlife Amendment funding amount was $2,600,000.00 for design and construction of various
wildlife linkage improvements; and
WHEREAS, the improvements for this phase have been completed and are now fully operational, and the parties now wish
to terminate the Wildlife Amendment as of the execution of this Termination Agreement, and make the remaining funds
available (approximately $981,542.00) for the next phase of the wildlife linkage improvements along Tangerine Road from
Interstate 10 to Dove Mountain Boulevard/Twin Peaks Road.
NOW, THEREFORE, the parties hereby agree that the Wildlife Amendment shall be terminated as of November 3, 2022,
and that no further work under the Wildlife Amendment shall be performed or funded for this phase of the project after
November 3, 2022.
Exhibit A to Marana Resolution No. 2022-111
00084371.DOC /2
In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Termination
Agreement to be executed by its Chair, and the Town of Marana has caused it to be executed by its Mayor, as
demonstrated and attested below.
REGIONAL TRANSPORTAT ION AUTHORITY OF PIMA COUNTY:
Peter Yucupicio, Chair Date
TOWN OF MARANA:
Ed Honea, Mayor Date
ATTEST:
David Udall, Town Clerk Date
ATTORNEY CERTIFICATION
The foregoing Termination Agreement by and between the Regional Transportation Authority of Pima County 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 Agreement.
Regional Transportation Authority of Pima County:
Thomas Benavidez, Attorney for the Authority Date
Town of Marana:
Jane Fairall, Town Attorney Date