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HomeMy WebLinkAboutResolution 92-027 termination agreement with oro valley for police communications and repealing resolution 92-26RESOLUTION NO. 92-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOW~ OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INT0 A TERMINATION AGREEMENT PERTAINING TO THE INTER~OVEP~NMENTAL AGREEMENT WITH THE TOWN OF ORO VATJ.R¥ DATED JUL! 1, 1991, FOR POLICE COMMUNICATIONS SERVICES AND REPEALING RESOLUTION NO. 92-26 WHEREAS, The Towns of Marana and Oro Valley, Arizona have heretofore entered into an Agreement for Police Communications Services (hereinafter "Agreement"); and WHEREAS, the Town of Marana has established its own police communications dispatching services center with its Town boundaries and discontinued use of Oro Valley police communications services effective July 15, 1992; WHEREAS, therefore, the parties thereto now desire to terminate said Agreement, agree to continuation of certain provisions of said Agreement and agree to division of certain property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona: Section 1. The Mayor of the Town of Marana is authorized to execute the Addendum to the Intergovernmental Agreement with the Town of Oro Valley dated July 1, 1991, as attached hereto. Section 2. Resolution No. 92-26 is hereby repealed. PASSED AND ADOPTED by the Town Council of the Town of Marana, Arizona, this 18th day of August, 1992. MAYOR APPROVED AS TO FORM: DOCKET: RECORDED BY: RBJ PAGE: DEPUTY RECORDER NO. OF PAGES: 2?_-_'34 RD11 SEqUENCE: SOROV TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 TERMINATION AGREEMENT PERTAINING TO THEINTERGOVERNMENTAL FOR PROVIDING POLICE COMMUNICATIONS CES 4.00 TIHS AGREEMENT TERXINATES that certain Intergovernmental reement dated July 1, 1991 recorded in the office of the Pima County Recorder at Book 9093, Page 600 by and between: The TOWN OF ORO VALLEY, a municipal corporation, her inafter sometimes referred to as "W', t and The TOWN OF MARANA, a municipal corporation, hereinafter ometimes referred to as "Marana". WITNESSETH: WHEREAS, OV and Marana, pursuant to A.R.S. § 9-240 and 11-9W et seg., have heretofore entered into an Agreement for Police Communications Services (hereinafter "Agreement"), and WBEREAS, the parties now desire to terminate said Agreement, ?agree to continuation of certain provisions of said Agreement and agree to division of prope?ty (Exhibit A); and WHEREAS, Marana. has established its own police communica center within its Town boundaries and desires termination Intergovernmental Agreement; and WBEREAS, Marana has discontinued use of OV police communicat, 15,1992:and 9484t 2026 T M%L AM UNT PAID $ dispatching services the above -referenced services effective July 9484 2026 4 93o27539 02/23/93 15:57:00 NOW, THEREFORE, OV and Marana, pursuant to A.R.S. § 11-951 et seq., and in consideration of the covenants and conditions hereinafter stated and the faithful performance thereof, do hereby mutually agree as follows: SECTION I TERMINATION The certain Agreement for police communications services shall be terminated effective July 15, 1992. All releases, insurance and indemnity provisions of the Agreement shall survive the termination of said Agreement for all applicable legal and statutory periods pertaining to limitation of actions. SECTION II DWISION OF JOINTLY ACQUIRED PROPERTY The attached property settlement is hereby incorporated and made a part of this Agreement as Exhibit A and sets forth the division of property between the parties. Upon payment by the Town of Oro Valley to the Town of Marana. in the amount of $7,666.33 and division of the repeater equipment as set forth in the attached Exhibit A, all interests of the Town of Marana in such equipment shall cease and title shall vest in the Town of Oro Valley. Title to the respective repeaters shall vest as set forth in Exhibit A. SECTION M DrVISION OF JOINTLY ACgUrRED PROPERTY/EMERGENCY USE The parties agree that should either of the respective parties repeaters fail, the other party -will allow use of that party's repeater to allow the other party to continue to conduct dispatching services pending repair of that party's equipment. Although, nothing in this section shall be deemed to create any liability, maintenance, obligations or operating or supervisory responsibilities on the part of the other party. Such emergency use shall be subject to full compliance -with all federal, state and local regulations. SECTION IV FUTURE DISPAMENG AGREEMENTS Nothing in this Agreement shall be deemed to prevent Marana and OV from negotiating future joint police communications services if desired by the parties. 2 9484 2027 TOWN OF ORO VALLEY Mayor A'ITEST: Town Cleri A PPR OVED: Chief of Police APPROVED AS TO FORM: -T-6?Adom:-ey' Dated: contract\commsvcs.Iga/ 1 -4-93 2: 10 p. m. TOWN OF MARANA Mayor Dated: 3 9484 2028 61fief of Police CD co (D P? rA CD CD > CD Cf) r CD . O?. to I.- ul CD W elf, w 0- 0) C) I.-A CD CIO CD 00 CD 0 m E cn " co r9l ? o 0 0 CD M ?4 0 0 CD Ul P r+ CD CD CD Ul r-+ C/) 00 co Ul (D 0 0 CD CD cf) C,) aq " Cl) CD C-D ul Ul 00 CD Ul l U 0 11 A. ND ND Ul 0 + NO C) CD -01 r-, 11 cn CY) 4 t:? C/) CD (n C" 0 t74 04 0 0 > 0 t7l 9484 2029