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HomeMy WebLinkAboutResolution 95-055 IGA with MUSD providing to connect the town park sewage line to the school district lineRESOLUTION NO. 95-55 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARANA UNIFIED SCHOOL DISTRICT PROVIDING FOR THE CONNECTION OF THE TOWN PARK SEWAGE LINE TO THE SCHOOL DISTRICT LINE PROVIDING FLOW TO THE EVAPORATION POND. I WHEREAS, the Town of Marana is authorized to provide for the publi'c health and safety and the welfare of the people and property within its jurisdiction; and '~ WHEREAS, the Town Council has determined that it is in the best interests of the Town that sewage disposal at the town park go through the school district lines to the nearby evaporation pond for the safety of the citizens of Marana. BE IT RESOLVED, that the Town of Marana is authorized to enter into an Intergovernmental Agreement with Marana Unified School District to allow connection of the town park sewage line to the school district sewage line providing sewage flow to the nearby school district sewage evaporation pond located within the Mararia town limits. BE IT FURTI-IER RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement between the Town of Marana and Marana Unified School District, and the Mayor is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 3rd day of October, 1995. '/~4 ED HONEA, MAYOR APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Maram, Arizona Resolution No. 95-§ 5 Page 1 of 1 F. ANN RODRIGUEZ. ~ECORDER RECORDED BY: LMD" DEPUTY RECORDER 1963 ROOE SMARA TOWN OF MARANA JOCKET: PAGE: NO. OF PAGES: SEQUENCE: 10155 581 6 95162003 10/24/95 11:16:00 AG 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 8.50 INTERGOVERNMENTAL AGREEMENT BETWEEN MARANA UNIFIED SCHOOL DISTRICT AND THE TOWN OF MARANA FOR EV APORA TION POND CONNECTIONS This Intergovernmental Agreement is entered into this 10th day of October , 1995, pursuant to A.R.S. ~ 11-952, by and between Marana Unified School District, a body politic of the State of Arizona (the "District") and the Town of Marana, Arizona, a municipal corporation (the "Town ") for the provision of mutually beneficial evaporation pond connections. Recitals A. District and Town desire to jointly exercise their powers pursuant to the provisions of A.R.S. ~ 11-951 et seq.; B. Town desires to enter into an intergovernmental agreement with District for the provision of mutually beneficial evaporation pond connections within the corporate limits of Town; C. The Mayor and Council of Town did on the 3rd day of October , 1995, authorize the Mayor to execute this Agreement by Resolution No. 95.55; and D. The Marana Unified School District governing board did on the 10th day of October , 1995, authorize the superintendent to execute this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, District and Town do mutually agree as follows: 1. Purpose The purpose of this Intergovernmental Agreement is to provide mutually beneficial sewage disposal connections between Town park owned and operated by Town of Marana and the evaporation pond owned and operated by the Marana Unified School District. 2. Effective Date; Term 2.1 Effective Date. This Intergovernmental Agreement shall become effective upon adoption of this Agreement by all parties and recording the original executed agreement in the office of the Pima County Recorder. 2.2 Term. This Intergovernmental Agreement shall continue in full force and effect until June 30, 2000 or until sooner terminated pursuant to this Agreement. Marana/MUSD IGA: Evaporation pond Page 1 of 6 10155 581 ,. . 3. Sewer Connections 3.1 Park Sewer Line. The sewage line serving the town park shall be tied into the sewage line leading to the District's evaporation pond, providing for the flow of sewage from the existing town park restrooms, consisting of the recreation center (9 plumbing fixtures), the baseball field (8 fixtures), the ramada area (7 fixtures), and the pool area (18 fixtures), to the District's evaporation pool, serving a total of 42 plumbing fixtures. 3.2 Additional Allowed Fixtures. Town may add up to eight (12) additional plumbing fixtures through expansion, constituting a maximum of 54 plumbing fixtures within the boundaries of the park to be served by the evaporation pond. 3.3 Additional Fixtures. Any addition of plumbing fixtures to the park facilities by Town beyond those allowed in (3.2) shall require prior approval by District. 3.4 Maintenance. The parties shall be responsible for maintenance of the sewage lines on their respective properties. 4. Compensation As consideration for its obligations under this Intergovernmental Agreement, District shall benefit from the anticipated flow from the park to supplement low flow periods at the school, thereby increasing the levels in the evaporation pond owned by District, supporting necessary minimum levels. 5. Status of District; Officers and Employees It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between Town and any District employee, or between District and any Town employee. 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 any of its employees. 6. Insurance Requirements The parties hereto agree to secure and maintain insurance coverage for any and all risks which may arise out of the term, obligation, operations, and actions provided in this Agreement, including but not limited to public entity insurance. This insurance may be fulfilled by the acquisition of insurance or the maintenance and operation of a self insurance program. Insurance maintained by the parties to this Agreement must contain provisions whereby the other party to this Agreement is provided proof of insurance/self insurance. \0'55 Page 2 of 6 582 Marana/MUSD IGA: Evaporation pond 7. Hold harmless; Indemnification 7.1 By Town. Town shall to the extent permitted by Arizona law indemnify, defend and hold harmless District, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of Town or to any act or omission of Town, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 7.2 By District. District shall to the extent permitted by Arizona law indemnify, defend and hold harmless Town, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of District or to any act or omission of District, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 8. Suspension or Discontinuance of Services; Termination 8.1 Funding sources,. Budget,. Non-appropriation. This Intergovernmental Agreement and all obligations upon District or Town arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the District governing board or the Marana Town Council do not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, District and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 8.2 Conflict. This Agreement is subject to the provisions of A.R.S. ~ 38-511. 9. Miscellaneous 9.1 Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of either District or Town. 9.2 Court action by third persons. If this Intergovernmental Agreement is determined, in whole or in part, to be void by court action brought by third persons, there shall be no liability on the part of District or Town to the other by reason of such action or by reason of this Intergovernmental Agreement. \0\55 Page 3 of 6 583 MaranalMUSD lOA: Evaporation pond 9.3 Beneficiaries. Nothing in this Intergovernmental Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Intergovernmental Agreement on any person other than the parties to it and their respective successors and permitted assigns. 9.4 Timeliness. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to carry out the terms of this Intergovernmental Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 9.5 Compliance with laws. Each party to this Intergovernmental Agreement shall comply with all applicable federal and state statutes and regulations. Each party shall comply with all applicable legal requirements relating to civil rights and non-discrimination in employment, including the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act. 9.6 No assignment. Any assignment or attempted assignment of this Intergovernmental Agreement by either party without the written consent of the other party shall be void. 9.7 Notices. Any and all notices, requests or demands made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as agreed by both parties. 9.8 Integration,. Modification. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the rights, duties and obligations of each to the other as of its date. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by the parties and recorded with the Pima County Recorder. 9.9 Non-waiver. The failure of either party to insist, in anyone or more instances, upon the full and complete performance of any of the terms and provisions of this Intergovernmental Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. 9.10 Severability. In the event that any provision, or any portion of any provision, of this Intergovernmental Agreement, or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or '0\55 Page 4 of 6 584 MaranalMUSD IGA: Evaporation pond application and to this end the provisions of this Intergovernmental Agreement shall be deemed to be severable. In witness whereof, District has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors upon resolution of the Board and attested to by the Clerk of the Board and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: ( ATTEST: -,..-.~.------ TOWN OF Marana 1 c) /Ji 4f (Jc> r'LrZ < Ed Honea Mayor ~~~'~-r Clerk of the Governing Board M~~nified school district ~~~;V1c Wade McLean Superintendent ~.. " fi' !" ~ MaranalMUSD IGA: Evaporation pond Page 5 of 6 10'55 585 " INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Marana unified school district and 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 Intergovernmental Agreement represented by the undersigned. Marana unified school district: , .~ \. ). .. /! j \,P'ClA C -. Gr.t:!I4L(;(,{;>ir--- Jolm Richardson (,.. Attorri~y for District TOWN OF Marana: Daniel J. Hochuli Attorney for Town /' .'/ MaranalMUSD IGA: Evaporation pond '0\55 586