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HomeMy WebLinkAboutResolution 2007-126 termination of the april 23, 1979 IGA with pima county relating to sewerF. ANN RODRIGUEZ, RECORDER DOCKET: 13096 RECORDED BY: HER PAGE: 2118 DEPUTY RECORDER NO. OF PAGES: 3 0409 PE1 SEQUENCE: 20071350543 07/13/2007 SMARA TOWN OF MARANA RES 15:25 ATTN: TOWN CLERK t, 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 mo? T PAID $ 8.00 MARANA RESOLUTION NO. 2007-126 RELATING TO UTILITIES; AUTHORIZING THE MAYOR TO EXECUTE AND TOWN STAFF TO CARRY OUT A SIX-MONTH NOTICE OF TERMINATION OF THE APRIL 23,1979 INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY RELATING TO SEWER SERVICE IN THE MARANA TOWN LIMITS, AND DECLARING AN EMERGENCY. WHEREAS the intergovernmental agreement dated April 23,1979 by and between the Town of Marana and Pima County relating to sewer service (the "IGA") authorizes the County to operate and manage a sewer collection and treatment system in the Town while the IGA is in effect; and WHEREAS the IGA gives either party the right to terminate the I A upon six months' no- tice; and WHEREAS the Town's ownership of sewer infrastructure within and ?e7ing the Town upon termination of the IGA will allow the Town to control its destiny and maxi ize its water resources; and WHEREAS the Town Council finds that adoption of this resolutio is in the best interests of the Town and its citizens. `1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR D COUNCIL OF THE TOWN OF MARANA, that the Mayor is hereby authorized to execute a notice of termination of the IGA in substantially the form attached to and incorporated by this reference in this resolution as Ex- hibit A for and on behalf of the 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 ca? out the termination of the IGA. IT IS ALSO FURTHER RESOLVED THAT since it is necessary t peace, health and safety of the Town of Marana that this resolution become emergency is hereby declared to exist, and this resolution shall be effecti passage and adoption. the preservation of the mediately effective, an : immediately upon its {00005422.DOC 7/9/2007 2:14 PM ?14 C." PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this I O'h day of July, 2007. ATTEST: yJcelyn *VBronson, Town Clerk Mayor Ed Honea q ; V?t 0mT'C "jilt {00005422.DOC /) 7/9/2007 2:14 PM APPROVED AS TO FORM: If ?M? MARANA ?:=/ I \ OFFICE OF LHE MAYOR July 11, 2007 Richard Elias, Chairman Pima County Board of Supervisors Pima County Governmental Center 130 West Congress, 10th Floor Tucson, Arizona 85701-1317 /%.1 CERTIFIED MARANA I Orbl"ai C;Q" le'-_ by C(kr#W - T/W) /ZW 71 0 0 RAok#bn *7 Re: Notice of Termination of the April 23, 1979, Intergovernmental Agreement between Town of Marana and Pima County (the "IGA") Dear Chairman Elias: The Town of Marana has concluded that it needs to own and operate the sewer utility serving its jurisdictional boundaries to control its own destiny and maximize its available water resources. To that end, the Town has elected to terminate the above-referenced IGA pursuant to Paragraph 2 of the IGA, which states: ... this Agreement shall remain in effect until terminated by either party hereto at will upon the giving of six months' written notice. This termination shall be effective, pursuant to the terms of Paragraph 2, six months from the date of this letter. The Town wishes to express its thanks to Pima County for its efforts from 1979 forward, and looks forward to working with Pima County elected officials and staff to accomplish a logical implementation of its decision. The Town is prepared to work and negotiate with Pima County on areas of mutual concern, including division of existing indebtedness and obligations and -participating in discussions concerning the creation of a regional water and wastewater authority. Sincerely, TowN OF MARANA Ed Hohea, Mayor cc: Marana Town Council Members of Pima County Board of Supervisors C. H. Huckelberry, Pima County Administrator Michael A. Reuwsaat, Marana Town Manager Clerk of the Board of Supervisors Frank Cassidy, Marana Town Attorney 2 11555VdWdWW1bRIVE, BLDG. A3 = MARANA, ARIZONA 85653-7006 TELEPHONE: (520)382-1900 = FAX: 382-1901