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HomeMy WebLinkAboutResolution 95-063 IGA with city of tucson for settlement of pima county case no 297514RESOLUTION NO. 95-63 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGI~I:.MENT Bk~t'WEI:N THE TOWN OF MARANA AND TFEE CITY OF TUCSON FOR THE PROVISION OF THE SETTLEMENT OF PIMA COUNTY CAUSE NO. 297514. WlqmtE. AS, there is currenfiy pending litigation in Pima County Superior Court known as City of Tucson v. Town of Mararia, Civil Cause No. 297514, disputing the Town of Marana's right to annex certain portions of Pima County; and WHEREAS, the City of Tucson and the Town of Marana have negotiated a settlement of the pending litigation, the terms of which are incorporated into the intergovernmental agreement attached hereto as Exhibit "A"; and WItEREAS, it is the opinion of the Mayor and Council that entering into the intergovernmental agreement is in the best interests of the citizens of the Town of Mararia. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that it enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of Marana and the City of Tucson providing for the settlement of the pending litigation under Cause No. 297514. BE IT FURTHER RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement 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 7th day of November, 1995. TownYC~APPR~. AS TO FO~-~.. Town Attorney ED HONEA, Mayor Page 1 of 1 :9 20 CITY OF TUCSON, V~. Defend~. $UPERIOE COU~T OF A3LIZONA COUNTY OP PP~A .1996. JUDGE OF TI::rE SUPEiRIOF~ COUIgT F. ANN RODRIGUEZ, RECORDER RECORDED BY: JEB DEPUTY RECORDER ROOB CCCLK TUCSO~ CIT, Y CLERK 855 W ALAMEDA TUCSON AZ 85701 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: RES 10171 343 3 ~5175070 11/1&/~5 10:08:00 PICKUP AMOUNT PAID $ 7 · O0 ADOPTED BY THE MAYOR AND COUNCIL RESOLUTION NO. / ~7~) ~)0 RELATING TO ANNEXATION; AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA RELATING TO THE SE'Fi'LEMENT OF PIMA COUNTY SUPERIOR COURT CASE NO. 297514. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: Section L The Intergovernmental Agreement between the City of Tucson and the Town of Marana relating to the settlement of Pima County Supedor Court Case No. 297514, which is attached to this Resolution as Exhibit 1, is hereby authorized and approved. Section 2. The Mayor is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest to, for and on behalf of the City of Tucson, the aforementioned Exhibit 1. Section 3. The vadous City officers and employees are authorized anti directed to perform all acts necessary or desirable to give effect to this resolution. 10171 343 Se~on 4. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this resolution become immediately effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, NOV '.1 3 1995 MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY A~-I'ORNEY J REVIEVVED BY: TR:cds 11/2J95 tate of tri on i I, Kathleen S. Derrick, the duly appointed and qualified City Clerk of (he of Tucson, Arizona, do hereby certify that the attached is a true and correct copy Resolution No. 1 ? 0 s 0 , which was passed and adopted by the Mayor and Councii of (he City of Tucson, Arizona, at a meeting held on Noveraber 13, 1.995 at which a quorton was present, by the affirmative vote of not less thanfive-sixths the Council, taken by ayes and noes. In Witness Whereof, I have hereunto set my hand and affixed the sec of(he City of Tucson, Arizona on November 16, 1995 Total of (Exhibit 1 2 page(s) certified. to Res, No. 17080 not included) City Clerk 10171' 3t 5 ~~~ .~ ~~ ' ~' ,J ~o ~ ~ ~,~ c ~~~~ \ ~- a ~,`~ ~0 ~ ~C ~"~ F. ANN RODRIGUEZ. RECORDER RECORDED BY: JEH DEPUTY RECORDER 2012 ROOH CCCtUC TUCSON CITY CLERK 255 W ALAMEDA AZ 85701 TUCSON ~r ,~ DOCKETS 10171 PAGES 346 NO. OF PAGES: 1 's~rio~~` SEQUENCE: 95175071 11/16/95 RES 10:08:00 ' PICKUP AMOUNT PAID f 7.00 RESOLUTION NO. 95-63 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTEItGO~'I~tNMENI'AI- AGI~'.Fr-M~r B~~ T~ TOWN OF MA,RANA AND THE OF PIMA COUNTY CITY OF TUCSON FOR TAF PROVLSION OF TAE S CAUSE N0. 29751<<. ~~,AS, there is currently pending litigation in Pima County Superior Court lrnown as City of Tucson v. Town of Marana, Civil Cause No. 297514, disputing the Town of Marana's right to annex certain pornons of Pima County; and yVf~RF.AS, the Ciry of Tucson and the Town of Marana have negotiated a settlement of the pending Litigation, the terms of which are incarporated into the intergovernmental agreement attached hereto as Exlubit "A"; and ~THERE:~S, it is the opinion of the Mayor and Council that entering into the intergovernmental agreement is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE. BE IT RESOLVED by the Mayor and Council of the Town of Matatta, Arizona, that it enter into the intergovernmental agreement attached hereto as Exhibit A between the Town of lvlarana and the City of Tucson providing for the settlement of the pending litigation under Cause No. 297514. 13E ~ FZ]RTHER RESOLVED, that the Town Council hereby approves the form of the intergovernmental agreement and the Mayor is hereby authorized and directed to execute said a~rerment PASSED AND ADOP'I~ by the Mayor and Council of the Town of Marana, Arizona, this 7th day of November, 1995. ,/ C= ~ l -yLp .,--_ y ~ i'~~ ID HONEA, Mayor array ~ Town CI AS TO FORM: Daniel J. Hochuli Town Attorney Mme, A~ooa ttnolutioa No. 95-b31 O ' ~] AM 2AN ::.::/ I A~oQtad ~ ~ OriginaiOripinal C.oPI~ Ordinance s FiMOkaion • 9.'~-r^ 3 ~ OMRf Lla(K Xi/~ Pa3~l~f 1 /~~7~r~~ DEPUTY RECORDE~ ROOB TUCSON. C]TY CLERK SEQUENCE: 95!7509~ AG 10:OG:00 PICKUP AMOUNT PAID $ 10.50 Intergovernmental Agiomerit between City of Tucson and Town of Mararia for Settlement of Pima County Superior Court case No. 297514 THIS nWfE. gGOVERNMENTAL AGRh-it~MENT is trait and eate~d into this/-.~?day of .~JO.~, 1995, pursuant to A.R.$. § 11-952, by and between the City of Tun,san, an At/zona municipal corporation (hereaf~ "Tucson"), and the Town of Mararia, an Arizona municipal corporation (hereafter "Marana") for the provision of settling pending legal matmrs between me two entities. RECITALS WHEREAS, Tucson and Mararia desire to jointly exercise their powers pursuant to the pwvisions of A.R.S. § 11-951 ~t seq.; and WHEREAS, in 1993, Mararia adop~d an ordinanc~ annexing an area of over 1300 acre: in the vicinity of Ina and Thornydale Roads into the Mararia town limits (hereafter the "Mararia Annexation"); and Co WHERF_~S, Tucson challenged the validity of the Mararia Annexation under A.R.$ § 9471 in Pima County Supe~or Cou~ Case No. 297514; and WI-tERF_AS, the litiga~on in the Superior Court resulted in a decision in favor of Maran which Tt~,~ appealed to Division II of the Arizona Court of Appe.~ls. That Cour~ ha remanded T~'~n's challenge of the Maruna Annexation to the Pima County S~petic Court for a further factual determination of whether the Mararia Annexation complie with the statutory requia'~ments of A.R.S. § 9-4.71; and WHEREAS, Mararia has recorded it~ intent to annex that portion of Pima Count reflected on Exhibit "A" attached hereto, hereina~er referred to as the "Sunst Annexation', and Tucson des/res to annex a portion of that property into its boundarie~ and W'EF_.REAS, Tucson and Mararia have agreed, in the interest, of ending the protracte and con~nuing litiganon surrounding the Maxarm Annexation, and providing certainty between Tucson and Mararm as to their respective city and town limits, to settle th pending litigation between Tucson and Mararia under the terms and conditions of th~ Settlement Agreement; and E:X~I:I~Ir A r0 ~,t5oL~rTI0~t NO. EXItIIIIT 1 TO KE$OLUTION NO. City of rueson Contract No. Page I of 5' 10171 3t 7 WI-Ih-qLEAS, The Mayor and Council of Mararia did on the 7~Cday of X)ot/e.m~e_a_ 1995, authorize the Mayor of Mararia to execute ttfis Agreement by Resolution No. -_q~3_~_'; and WHEREAS, The City of Tucson did on the /~ ~'~day of ./[)ot~rn,~eP.. , 1995, authorize the Mayor of Tucson to execute this Agreement by Resolution No. tV0~D . S ETIT..~.M~ AGRgS~MENT NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and other good and valual~le consideration, the receipt and sufficiency of which is hereby acknowledged, Tucson and Mararia do mutually agree as follows: Purpose. The purpose of this agreement is t~ end the protracted and continuing litigation surrounding the Maxaria Annexation under Pima County Superior Court Case No. 297514, and provide some certainty between Tucson and Marana as to their respective city and town limits. Effective Date. This Intergovernmental At~'eement shall become effective upon execution of this agreement by all parties and recording the original executed agreement in the office of the Pima County Recorder. Recitals Incorporated. The foregoing recitals are incorporated in and made a part of this Agreement as though set forth fully in the body of this Agreement. 4. Dismissal of Litigation 4.1 Upon the execution of this agreement, Tucson and Marana will enter into any anc all stipulations necessa~ to dismiss Pima County Case No. 297514, (hereinafte: the "Action") with prejudice, with each party to bear its own attorneys' fees ant court costs. 4.2 The parties further agree that there shall be no further litigation between theft pertaining to the issue of the Marana Annexation, Ordinance No. 93.12. Mararia Releaxe of Exhibit "A ' Property. Within th/rff 00) days of the date of dismiss of the Action, Mararm shall take whatever steps are necessary to release from its pendk Sunset Annexation that terntory described on Exhibit 'B" attached hereto, allowin Tucson the right for one (i) year to attempt to annex said territory into its temtor/a boundary. 6. De-anne. ration by Marana and Annexaxion by Tucson 6.1 The paxties understand that Tucson desires to annex that territory described Exhibit "C" a~ehed hereto (the "Terntory"), said terntory already being in jurisdiction of Maxaria (subject to the Action). The parties recognize that Tucse Page 2 of 5 10171 3L 8 cannot annex the Territory at this time as (1) it is within the jurisdictional boundaries of Mamna, and (2) it is not contiguous to the boundary of Tucson and does not meet other requirements of A.R.$. § 9~471. 6.2 Mararia agrees to facilitate the annexation of the Territory by Tucson under the terms and conditions set forth herein. 6.3 Upon the execution of this agreement Mamma shall adopt an appropriate ordinance pursuant to § 9471.02 to de-annex the Territory, said ordinance to become effective, if at all, in the event that Tucson annexes other territory and takes other steps required by A.R.S.*§9PgY7.1~wh/ch would allow it to annex the Territory, including the adoption of an appropriate ordinance pursuant to A.R.S. § 9471.02 to annex the Territory, and all such steps are completed within one (i) year of the date of dismissal of the Action. 6.4 Mararia agrees to support the de-annexation/annexation of the Territory before the Pinta County Board of Supervisors at the public hearing which is held pursuant to § 9-471.02, and in any court action, if such court action is necessary to accomplish the annexation of the Territory by Tucson. Amendments of Agreernent. This Agreement may be mended from time to time by the mutual written consent of the original parties or their successors in interest. Legal Ow. llenge. In the event of any legal action or proceeding instituted regarding the validity of this Agreement other than I/tigation by one party against the other party, Mararia and Tucson agree to jointly participate in or defend, and to equally share all attorneys' fees and costs incurred, in any said action or proceeding. 9. Default,' Remedies 9.1 Failure or unreasonable delay by any paxty to perform any term or provision of this Agreement for a period of twenty (20) days after written notice thereof from another party shall constitute a default under this Agreement. Said notice shall specify the n~mre of the alleged default and the manner in which said default may be satisfactorily cured. 9.2 In the event of a default hereunder by any party, the non-defaulting party shall be entitled to all remedies at both law and in equity, including, without limitation. specific performance. i0. Applicable Law. This Agreement shai/be construed and enforced in accordance with the laws of the State of Arizona. i1. No Joint Venture or Pannership. Tucson and Mararia hereby renounce the existence of any form of joint venture or parmership between Tucson and Marana and agree that Page 3 of 5 CORRECTION OF SCRIVElql~'S EI~,ROR - A,R.S. ~ 9417.02 should be A.ILS. § 9-471.02. (See memo from Ci.ty Ant 12. nothing contained herein or in any documents executed in connection herewith shall construed as making Tucson and Mararia joint venturers or parreefs. Not/cex 12.1 All notices, requests, demands, or other communications ("Notices") required by this Agreement or otherwise given in respect of any matter with which this Agreement is concerned shall be in writing and served by persona/delivery or deposited with the United States Postal Service, certified mail, rerum receipt requested, with proper postage affixed, addressed and directed to the party to receive the same as follows: If to Tucson: City Manager City of Tucson City I4all, Tenth Floor 255 W. Alameda Tucson, Arizona 85701 With a copy to: City Attorney Office of the City Attorney City of Tucson City Hall, Seventh Floor 255 W. Alameda Tucson, Arizona 85701 12.4 If tO Mararia: Town Manager Town of Mararia 13251 North Lon Adams Mararia, Arizona 85653 With a copy to: Daniel I. Hochuli Daniel J. Hochuli & Associates Mararia Town Attorney 3275 W. Ina Road, Suite 109 Tucson, Arizona 85741 Except as otherwise specifically stated in this Agreement, all Notices shall effective upon delivery and shall be deemed delivered on the date when actual~ received. Any party may designate a different person or entity or change place to which any Notice shall be given as herein provided, which Notice sha be effective after the same is actually received by the other parties. Page 4 of 5 10171 350 13. Exhibit. r Incorporated. All exhibits attached hereto and referenced herein a~ by tins referenc~ incorporated herein. In wit-tu, rv whereof, Marsha has mused this Intergovernmental Agreement to be execute~! by the Mayor of Maxaria u~n resolution of the Mayor and Council and attested to by its clerk. and Tucson has caused this Intergovernmental Agreement to be executed by the Mayor of Tucson upon resolution of the Mayor a~d Council and attested to by its clerk. CITY OF TUCSON Geo'~ Miller, Mayor ATTEST: APPROVED AS TO FORM: ity Attorney ~ TOWN OF Ed Honea, Mayor APPRO.VED AS TO Town Attorney Page 5 of 5 10171 351 EXt-IIB1TS: A. Preseht Mararia "Sunset Annexation" map. B, Portion to be deleted from Mararia "Sunset Annexation" area. C. Map of de-armexation/annexation area. D. Copy of stipulation to dismiss Pima County Superior Court Case No. 297514 10171 352 EXHIBIT "A" ANNEXA i'ION I PARCEL FOR PtMA COUNTY TOWN OF MARANA 1,3 12 18 7 z SILVERFELL / ROAD ;"=1000' ':- O 18 7 TUCSON ,~' RR ~ PORTIONS OF SEC. 7 ~ AND SEC. t2 ~ 13 TI~S R12E G.~S.R.M. PIMA COUNt, ARIZCNA EXHIBIT "El" ANNEXATION PARCEL FOR TOWN OF MARANA PIMA COUNTY i/~ < S~NSET ~OAD ----------=_ SILVER,= ELL / ROAD <_ ;/:,~ .< Y ~ ,~ 1'O ~...L.~'o ~ESOLUT~O. No. 10171 35~, EXHIEIlT C %., %,, PORTIONS OF SECTIONS 5, 5, 7, AND 8 OF TOWNSHIP 13 SOUTH, RANGE 15 EAST, GILA & SALT RIVER BASE & MERIDIAN, PIMA COUNTY, ARIZONA £x~, lO 8(.. I TO RF-~OLIJTION NO, l~O~O 10171 355 1 3 4 5 6 7 9 10 11 12 13 17 19 20 21 22 23 26 27 2~ ~XHI'q[~t D .; . ' EX., J TO RESOLUTION NO. ['70' --%---- IN TI-IE SUP~RIOR COIiRT OF TttE STATE OF ARIZONA AND FOR THE COUNTY OF PIlW. A C1TY OF TUCSON, ) ) P[~in~f, ) ) ) TOWN OF MARANA, ) ) Defendan~ ) ) No. 2975 i~ STIPULATION A/N'D ORDER TO DISMISS WYrH PREYUDICE Comes now the Plain~-~, the City of Tuc.~n, by and fl~rough [u a~mey, ~d~w M. F~, ~d Ee To~ of ~a, by ~d ~ough i~ a~mey, Io~ N. I~o, ~d ~dpuSm ~ ~ of ~ ~on, ~ ~u~, ~ ~h p~ m b~ [~ o~ ~omeys.' f~ ~d ~ ~. ~s sdpu~don m ~ss is b~ u~u ~e ~ment of ~e p~ ~ ~ fo~ ~.~e. In~ov~m~u~ Ag~m~t a~ch~- h~o ~ ~bit "A~ ~d ~co~m~. h~e~ by ~s - ~n~. DATED __ day of November, 1995. Antifew M. Feaernar At~mey for Plaintiff Yonn N. lunno Attorney for Defendant 10171 356 1 2 3 5 6 7 8 9 i0 11 12 13 q~ 16 B 17 19 20 21 22 23 26 27 28 12~ ~ SIJ'PERIOR COURT OF TI--I:E STATE OF ARIZONA AND FOR TFfE COU/q'IT OF PtMA cri'Y OF TUCSON, V$. Plaintiff, TOW'N OF M_A1L~X[A, Defendant. No. 29751~ ORDER OF DISMISSAL V,rrI?I ?~ICB The c~ur~ having reviewed the Stipulation to Dismi~ fi.le~t and signed by both Plaintiff and Defendant, and garxi cau~ aPl:~aring, IT IS FJ~F~Y ORDI~IrD that this matmr is dismissed with prejudice, each pro-Or to be~r its a~tomeys' fee_s and costs. DAT'~ this day of , 1995. JUDGE OF TI4_E SUPERIOR COURT 10171 357 DATE: November 15, 1995 TO: Kathleen $. Derrick City Clerk FROM: Tobin Rosen ,~/Y'T~ Principal Asst. City Attorney SIJ"BJECT: RESOLUTION NO. 17080 - CORRECTION OF SCRIVEz-XfER'S ERROR Exhibit I to the subject resolution as adopted on November 13, 1995, contains a scrivener's error which my be corrected administratively without further action by the governing body. On page three of Exhibit 1, paragraph 6.3, line four, A.R.S. § 9-417.02 is incorrect and should be changed to § 9-471.02. KSD:tc Attachment: Copy of Exhibit I to Resolution No. 17080 1017i 358