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HomeMy WebLinkAboutResolution 2007-203 IGA with pima county for license of rights-of-wayMARANA RESOLUTION NO. 2007-203 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR LICENSE OF TOWN OF MARANA RIGHTS-OF-WAY; AND DECLARING AN EMERGENCY. WHEREAS Pima County has demanded that the Town of Marana accept its mandated terms for use of Pima County rights-of-way; and WHEREAS the Town Council finds that it is beneficial for the Town to execute Pima County's proposed intergovernmental agreement for license of County rights-of-way if Pima County approves and executes the exactly reciprocal agreement for Pima County use of Town of Marana rights-of-way which is authorized by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and ftirther tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana 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 AND ADOPTED BY THE MAYOR AND COUNCI OF THE TOWN OF MARANA, ARIZONA, this 201h day 04?fe nfber, 2007. 2, SQXA*? OF 7- "M :ro- CORPORAT,r S Mayor Ed Hon?a I: SFAL 74- WE ATTEST: WE APPROVED AS TO FORM: C Oonson, Town Clerk Frank,?'-assidy, Town Attorney (00006928.DOC FJClcds 1117107 T F. ANN RODRIGUEZ, RECORDER DOCKET: 13307 RECORDED BY: LAM PAGE: 3657 ' ~ DEPUTY RECORDER os PI ti ~ ~ 6545 AS2 rw~ ~~~ NO. OF PAGES: SEQUENCE : 13 20080950869 ~ ! P0230 PIMA CO CLERK OF THE BOARD ~ '~z `1'~ ~'`~' RES 05/15/2008 18:00 PICKUP 9R~D~P PICKUP .AMOUNT PAID $ 0.00 RESOLUTION N0.2008- 99 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS, RELATING TO REAL PROPERTY, APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITI~ ~'~IE TQ~y~I CQF MARANA FOR TH>~ USE OF RIGHTS OF WAY WITHIN THE TOWN OF MARANA. (DISTRICTS 1, 3) WHEREAS, the Town of Marana owns the public rights of way within the Town of Marana, and has the statutory authority to regulate and manage said rights of way by virtue of A.R.S. section 9-240; and WHEREAS, Pima County owns, operates, and rt?aintains water facilities, including water works such as conduits and pipelines, together with the necessary or usual appurtenances for the conveyance of sewage. under, over or through the Town's streets, as authorized by A.R.S. section 11-264; and ~ ' WHEREAS, the County will be solely responsible for the design, adjustment, removal, or relocation, temporarily or permanently, of all County facilities that impact, conflict with, or interfere with the Town's use of its rights of way or the Town's improvement, relocation, or adjustment of any facilities located in Tawn rights of way; and WHEREAS, the County will reciprocate this agreement through itS Qwn intergovernmental agreement with the Town of Marana; and WHEREAS, the County and the Town have the right to enter into agreements and contracts .with other public agencies to further their coinrnon interests pursuant to A.R.S. section 11-952. Now, therefore, be it resolved by the Board of Supervisors of Pima County, Arizona that: 1. The intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution is hereby approved. 2. The various Pima County officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. ~. ~, ~, BE IT RESOLVED by the Board of Supervisors of Pima County, Arizona, this 6th day of Maur , 2008. PIMA COUN BOARD OF SUPERVISORS Cha rman, Board of Sup isors ATTEST': ~ ~ l-- ~ ~, f r~ Cleric of ~h~ $o~rc~~ -~ ~~ >~ d e ~' ~ o... ~ ..,» ,% Y t .'~ ~n ~ I i~ 1a ~`,~ 5 Approved as to ~arrxr. ~ -,'Y' Deputy Cou Attorney ~, ~~ ~F, ~~ ~; G3 ~~~~ r MARANA RESOLUTION N0.2007-202 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR LICENSE OF COUNTY RIGHTS-OF-WAY, UPON COUNTY APPROVAL AND EXECUTION OF A RECIl'ROCAL INTERGOVERNMENTAL AGREEMENT FOR LICENSE OF TOWN OF MARANA RIGHTS-OF-WAY; AND DECLARING AN EMERGENCY. WHEREAS Pima County has demanded that the Town of Marana accept its mandated terms for use of Pima County rights-of--way; and WHEREAS the Town Council .finds that it is beneficial for the Town to execute Pima County's proposed intergovernmental agreement for license of County rights-of--way if Pima County approves and executes an exactly reciprocal agreement for Pima County use of Town of Marana rights-of--way.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana after having confirmed that Pima County has approved and executed the reciprocal agreement as authorized by Resolution No. 2007-202. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the .aforementioned intergovernmental agreement. ~_ .; a~:~ SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Mazana that this resolution become immediately effective, an emergency is hereby ~~'~~ irery ~~ (~wy~ !~~ i~ {40006905.DOC /} FJGcds 11/07/07 .declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY TI-IE MAYOR AND COUNCII. OF THE TOWN OF MARANA, ARIZONA, this 20a' day of November, 2007. ~~~/-_ Mayor Ed Honea ATTEST: ~~ (~• celyn C. ~ onson, Town Clerk APPROVED AS TO FORM: -~ ~`'~ Fr"ink Cassidy, Town Attorney ~. v' {00oo69os.noc i} -2- `,>,1111 /II~,I `~~0~~ nn~ ~~~j ~~~~~~ ~" SEAL s '~ ~j ,9v~~~~u~~`~ ~~ l~2ARANA RESOLUTION N0.2007-203 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR LICENSE OF TOWN OF MARANA .RIGHTS-OF-WAY; AND DECLARING AN EMERGENCY. WHEREAS Pima County has demanded that the Town of Marana accept its mandated teams for use of Pima Countyrights-of--way; and WHEREAS the Town Council finds that it is beneficial for the Town to execute Pima County's proposed intergovernmental agreement for license of County rights-of--way if Pima County approves and. executes the exactly reciprocal agreement for Pima County use of Town of Marana rights-of--way which is authorized by this resolution. NOW,.THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNC~ OF THE TOWN OF MARA]~TA, ARIZONA, as follows: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this, resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed- to execute it for and on behalf of the Town~of Marana. SECTION 2. The. Town's Manager and staff are hereby directed and authorized to ,~ undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana 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 AND ADOFTED BY THE MAYOR AND COUNC OF THE TOWN OF MARANA, ARIZONA, this 20a' day ember, 2007. tt~~~~~~~~~~i ~ ,+~ ~ ~~ ~ h~ ~ ,~` O~,P~~'tis Mayor E Honea APPRO D AS TO FORM: ,: ~~ Fr - assdy, Town Attorney I. ,w~ ,, {00006928.DOC /} FJGcds Il/7/07 ~~~~~~t~;~~ 'Ti1iS Ili1f91fst'.' ~,,~.~`+- =,,,,na;;! d3t1 s99 invnires, s°ta ,~,~, ,, :t~:ti~t~ ~Ad do~umefrra ~r,~~~, ~ to this e ~nntrart,------ ,~,-~.,~~ INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR TOWN OF MARANA PUBLIC RIGHTS-OF-WAY THIS INTERGOVERNMENTAL AGREEMENT is entered into pursuant to Arizona Revised Statutes ("A.R.S.") Title 11, Chapter 7, Article 3, by and between the Town of Marana (the "Town"), a municipal corporation of the State of Arizona, and Pima County (the "County"), a body politic and corporate and a political subdivision of the State of Arizona. WHEREAS, the Town owns the public rights of way within the town limits of the Town of Marana, and has the statutory authority to regulate and manage said rights of way by virtue of A.R.S. section 9-240; and WHEREAS, the County owns, operates, and maintains wastewater facilities, including waterworks such as conduits and pipelines, together with the necessary or usual appurtenances for the conveyance of sewage under, over, or through Town streets, as authorized by A.R.S. section 11-264; and WHEREAS, the County and the Town have the right to enter into agreements. and contracts with other public agencies to further their common interests pursuant to A.R.S.. section 11-952; NOW, THEREFORE, the Town and the County agree as follows: Section 1. Grant of Permission. The County hereby is authorized and empowered, on anon-exclusive basis, to use all public Town rights of way -now existing or hereafter established and lying within the town limits of the Town of Marana, under the terms and conditions set forth herein, for the purpose of installing, repairing, replacing, and maintaining its facilities. Section 2. Term. This Agreement shall be effective for a term of fifteen (15) years from the Effective Date as defined in Section 25, below, and extinguishes, supersedes, and replaces all previous or existing franchises or licenses granted to the County by the Town. ;gip Section 3 Regulation of Town Rights of Wav. All rights hereunder are granted under the express ~"t condition that the Town shall have the power at any time to impose such restrictions and limitations upon, ~~~' and to make such regulations as to, the County's use of the Town's rights of way as the Town may be tl authorized by -law to impose, including but not limited to the power to impose such restrictions, i limitations, and regulations as the Town is authorized to impose upon licensees or franchisees pursuant to ~~i state law. ~` {00006931.DOC /} Intergovernmental Agreement between Page 1 of 8 Town of Marana Municipal Water Department and Pima County (PC use of Matana ROW) Section 4. Superior Rights. The rights of the Town in and to the use of all public rights of way located within the town limits of the Town of Marana are and forever shall be paramount and superior to the rights of the County, subject only to this Agreement. Section 5. Alteration of Public Rights of Way. Nothing in this Agreement shall be construed so as to prevent the Town from altering, improving, adjusting, repairing, or maintaining its facilities and public rights of way, and for that purpose to require the County to adjust, remove, replace, or relocate the County's facilities. Facilities of the County shall mean any physical object or improvement owned, possessed, made, installed, constructed, or maintained by the County, or made, installed, or constructed by the Town or others at the request of the County. Facilities of the Town shall mean any physical object or improvement owned, possessed, made, installed, maintained, or constructed by the Town or others at the request of the Town, including all paving, highway, transportation, flood control, wastewater and water facilities located within Town rights of way. Section 6. Non-Exclusive Use. Nothing in this agreement shall be construed to grant the County an exclusive right to use the public rights of way. The County's facilities shall be erected, adjusted, installed, replaced, removed, relocated, and maintained in a manner that will not interfere with the reasonable use of the public rights of way by the public, the Town, or any other franchisee or licensee. The location of the County's facilities in the public rights of way shall not create or establish a vested interest in the rights of way, and its facilities shall be removed or relocated by the County whenever the Town determines that the County's facilities impact, restrict, obstruct, or hinder the Town or the public's existing or future use of the rights of way or the Town's operation or location of Town facilities. Section 7. Relocation. The County shall be solely responsible for the design, adjustment, removal, or relocation, temporarily or permanently, of all County facilities that impact, conflict with, or interfere with the Town's use of its rights of way or the Town's improvement, relocation, or adjustment of any facilities located in Town rights of way. The cost of designing, adjusting, removing, relocating or replacing the County's facilities shall be the County's sole responsibility, unless the County has established prior rights with the Town for the facilities to be affected. Prior to beginning any activity in a Town right of way, the County shall obtain all required permits from the Town and any other applicable jurisdiction for the activity. The County's facilities shall be adjusted, removed, replaced, or relocated by the County in .accordance with an activity schedule determined by the Town and provided to the County within a reasonable period of time prior to the scheduled activity start date. If the schedule is unacceptable to the County or the County fmds it necessary to plead financial hardship regarding the cost of relocating its facilities, the County may appeal to the Marana Town Council. If the County's facilities are not adjusted, removed, replaced, or relocated within the time period allotted by the Town's activity schedule, the Town may, at its discretion, adjust or relocate the County's facilities. The County hereby agrees to be liable for all costs incurred by the Town for the adjustment or relocation of the County's facilities necessitated by the Town's activities, including overhead and maintenance costs and an administrative surcharge in the amount of fifteen (15) percent of the total cost attributed to the adjustment or relocation of the County's facilities. In the event that the Town incurs such costs, the Town shall submit a bill to the County for the incurred costs, and the County shall pay the Town the invoiced amount within ninety (90) calendar days of receipt of the invoice. If the invoice is not paid by the County in a timely manner, all rights granted to the County under this agreement shall be suspended and no permits will be issued to the County for any work within Town rights of way until the invoiced costs are paid in full to the Town. The County may contest the propriety of such invoices by filing a written appeal with the Marana Town Council, whose decision with respect thereto shall be final. Section 8. Undergrounding. The parties acknowledge that the Town has the authority to require the County to underground its above-ground facilities in Town rights of way when the Town determines that {00006931.DOC /} Intergovernmental Agreement between Page 2 Of 8 Town of Marana Municipal Water Department and Pima County (PC use of Marana ROW) such undergrounding is necessary to conform to existing Town Ordinances or is in the public interest. The Town may require the County to conduct a study of the cost of undergrounding any portion or segment of the County's facilities located in Town rights of way. Any such study shall set forth an estimate of the costs of undergrounding the. County's facilities, including a breakdown of the cost allocated to labor, materials, design, and construction for converting above-ground facilities to underground facilities. The County shall submit a cost study of any specified segment of the .County's facilities within ninety (90) calendar days after receiving written notice from the Town requesting the cost study. The cost of preparing and providing any cost study requested by the Town shall be borne by the County. Section 9. Scenic Routes. The installation of the County's facilities within any public rights of way designated by the Marana Town Council as a scenic route must be constructed in accordance with the Town's Scenic Routes Ordinance. Section 10. Performance of Work. The work required by the County to design, construct, reconstruct, pothole for, design, adjust, relocate, replace, or repair the County's facilities shall be the County's sole responsibility. The cost of any delays to Town projects caused by the County's failure to complete its work in accordance with the Town's activity schedule shall be the County's sole responsibility, provided that the Town shall have provided the County with reasonable advance notice of the need to take such action and a reasonable amount of time allowed to perform the necessary activities. In the event the Town incurs such costs, the. Town shall submit a bill to the County for the incurred costs, and the County shall pay the Town the invoiced amount within ninety (90) calendar days of receipt of the invoice. If the invoice is not paid by the County in a timely manner, all rights granted to the County under this Agreement shall be suspended, and no permits will be issued to the County for any work within Town rights of way until the invoiced costs are paid in full to the Town. The County may contest the propriety of such costs by filing a written appeal with the Marana Town Council, whose decision .with respect thereto shall be final. Section 11. Location of Facilities. As a condition of this Agreement, the County hereby agrees to have and maintain precise, up-to-date maps of the County's facilities located in Town rights of way, and to make this information available to the Town within fifteen (15) calendar days of receiving a written request from the Town. Beginning on the effective date of this Agreement, the County shall maintain precise and verifiable horizontal and vertical location information tied to an accepted Town datum and provide such information to the Town within fifteen (15) calendar days of receiving written notice from the Town. As a condition of the issuance of this Agreement, the County agrees to provide surface location marking of the County's undergrounded facilities located within the public rights of way within two working days of a request from the Town. In the event the County is unable to provide the location information to the Town within the allotted time frame, the Town may, at its discretion, locate the County's facilities and the County shall be liable for the Town's costs incurred.in locating the County's facilities. ~~ fi~ Section 12. Work in Rights-of-Way. 12.1 Damage to other facilities. In the construction, adjustment, removal, relocation, repair, operation, and maintenance of its facilities, the County shall avoid causing or permitting any damage, disturbance, or unnecessary modification or alteration to Town facilities including pavement, or to the facilities of others located in Town rights of way. If the County causes or permits any such damage, disturbance, or unnecessary alteration or modification, the County, at its sole expense and in a manner approved by the Town Engineer, shall restore the damaged, disturbed, altered, or modified facilities to the condition in which they existed before being damaged, disturbed, modified, or altered. The County also {00006931.DOC /} Intergovernmental Agreement between Page 3 Of 8 Town of Marana Municipal Water Department and Pima.County (PC use of Mauna ROW) shall be liable to owners of .said facilities for any other losses or expenses that may accrue because of said damage, disturbance, modification, or alteration. The restoration of facilities shall be initiated promptly and completed expeditiously by the County, who shall give priority to the restoration, repair, or replacement of such facilities over all non-emergency activities of the County. 12.2 .Damage to vegetation. In the construction, adjustment, removal, relocation, repair, operation, and maintenance of its facilities, the County shall use all necessary care to avoid any damage to or disturbance of existing vegetation in the public rights of way. If the County causes or permits any such damage or disturbance, the County shall re-vegetate the rights of way at its sole expense and in accordance with all Town regulations then in effect. 12.3 Adjacent properties. The County shall provide prior written notice to the owners or residents of adjoining properties of any activity of the County which may temporarily interfere with access to or use of said adjoining property. The County shall maintain access to adjoining properties during all construction activities or other operations,. unless the requirement of access is waived in writing by the owners and residents of the affected properties. If an emergency requires activity without written notice, the County shall use its best efforts to provide timely actual notice to the owners and residents of adjoining properties. Section 13. Design and Location of Facilities. 13.1 Injury to persons and property. The County shall use reasonable Gaze at all times to avoid damage or injury to persons and property during the construction, adjustment, removal, relocation, repair, operation, and maintenance of the County's facilities. 13.2 Location and construction of facilities. The location and construction of the County's facilities in public rights of way shall conform to Town standards and guidelines then in effect and as may be directed by the Town, in order not to interfere with a planned future use of the public rights of way by the Town. 13.3 Interference with other uses. The County's facilities shall be located in a manner designed to cause the least amount of interference with the public's existing or future use of roads, streets, alleys, and other public rights of way, and in such a way as will m;n;mi~e interference with the rights and convenience of adjacent property owners. 13.4 Relocation offacilities. The Town may require the County, at the County's sole expense, to remove, relocate, mitigate, or underground any of the County's facilities that present a potential hazard to the public, that interfere with the public's -use of the public rights of way, or that are determined by the Town to be aesthetically undesirable. 'h ,, „w~ 13.5 Neighboring property owners. The County shall be responsible fore notifying owners or ~`w` residents of adjoining properties in writing about permanent or temporary above- or below-ground facilities to be constructed in Town rights of way. The County shall make every reasonable effort to yyMM ~I.i6h resolve the concerns of property owners and residents regarding the construction of the County's facilities. ~, Should the Town determine that the County failed reasonably to evaluate all options available to alleviate ~mi residents' concerns, the Town may require the County to relocate its facilities at the County's sole expense. {00006931.DOC /} Intergovernmental Agreement between Page 4 Of 8 Town of Maraca Municipal Water Department and Pima County (PC use of Manna ROW) 13.6 Excavation costs. The County shall be responsible for any costs that the Town incurs in locating, excavating, or exposing any underground County facilities on Town construction projects within Town rights of way. Section 14. Construction Safety. Any opening or obstruction in the public rights of way caused by the County during the course of the County's activities in the rights of way shall be guarded and protected at all times by safety barriers erected by the County, which safety barriers shall be designated clearly by warning lights during periods of dusk and darkness. Any work performed by the County in or adjacent to a public roadway open for travel shall be signed and marked properly by the County with warning and directional devices in accordance with all applicable state and local traffic regulations, and in accordance with the Arizona Department of Transportation's Traffic Control Manual for Highway Construction and Maintenance. Section 15. Drainage. During construction or excavation in the public rights of way, the County shall provide proper drainage so that the public rights of way will be free .from standing surface water and adequately drained so as not to cause flood or erosion damage to the facilities of the Town or surrounding property. For projects with a material impact-upon local drainage patterns, the County may be required by the Town to submit drainage-engineering data and design plans to the Town for review and approval prior to the issuance of any Right-of--Way Use Permit by the Town. Section 16. Issuance of Permit not Town Approval of Violation. The Town's review,. approval, or acceptance of plans or specifications or issuance of a permit for the installation, construction, or location of a facility by the County shall not be construed to be an authorization for or approval of a violation of any federal, state, or local law or regulation, or of any industry standard, pertaining to the location or construction of a utility facility in public rights of way. Section 17. Town Inspection. The Town, if it deems necessary, has the right to inspect any work by the County in the public rights of way to ensure proper performance of the terms of this Agreement and conformance with any applicable federal, state, or local laws, ordinances, and regulations. The Town may require the County to pay a reasonable and uniform fee to cover the actual costs of inspections performed by the Town or its contractor under this provision. The Town may, at its discretion, pothole the County's facilities to. verify conformance with Section 11, above. The County shall be liable for the cost_of potholing, and for an administrative surcharge in the amount of fifteen (15) percent of the total cost of potholing, should the County's facilities be found to be out of conformance. The County shall be responsible for taking corrective action to bring as-builts into conformance with verified facilities.. Section 18. Abandonment of Facilities. Abandonment in place of any of the County's facilities located within Town rights of way may occur only upon written. approval from the Town. Section 19. Liability and Indemnity. The County acknowledges its sole responsibility. for any of its facilities and/or equipment installed in the public rights of way, and for any liability arising from any activities the County performs within the public rights of way. The County agrees to indemnify, hold harmless, and defend the Town and its officials, agents, servants, and employees against any and all claims for injuries to persons or damage to property, whether intentional, negligent, or otherwise, arising out of the County's work in the public rights of way, or due to the existence of the County's facilities and/or equipment in the public rights-of--way, or in any way related to the County's exercise of its rights under this Agreement. Neither the issuance of a Town permit for installation or location of a facility or equipment, nor Town approval of such installation or location, nor the failure of the Town to direct the County to take any precautions, to make any changes, or to refrain from doing anything shall excuse the {00006931.DOC /} Intergovernmental Agreement between Page 5 Of 8 Town of Marana Municipal Water Department and Pima County (PC use of Matana ROW) County of its responsibilities hereunder to the Town or others in the case of any injury to persons or damage to property. If the Town is sued in any court by any person, firm, association, or corporation to recover damages for injuries to person or property on account of the installation, repair, operation, and/or maintenance of the County's facilities or equipment, the County shall defend all such suits and pay any resulting judgments, and shall, at the option of the Town, be made a party to any such court proceeding. Section 20. Town ParticiAation in Legal Actions. The Town shall have the right at all times to take part in any suit or action instituted by or against the County in which any judgment or decree can be rendered, which might result in the foreclosure of any lien on any County property situated within public rights of way, or which could affect the rights, powers, or duties of the County to do or not to do anything that this Agreement might require the County to do or not to do, and also to take such steps as the Town may deem appropriate to protect the interests of Town or the public. The Town shall have the right to intervene in any suit, action, or proceeding by any person or persons, firm, or corporation seeking to enjoin, restrain, or in any,manner interfere with the County in the performance or observance by it of any of the terms or conditions of this Agreement, or of any regulation, notice, or direction of the Town in such connection, or which involves or might involve the constitutionality, validity, or enforcement of this Agreement. The Town also may move for dissolution of any such injunction or restraining order or take any other appropriate step, in any such suit, action?,or proceeding that it may deem necessary or advisable in order to protect its interests. Section 21. Compliance with Agreement, Conditions and Ordinances.. The County agrees to conform to, abide by, and perform all the.conditions, provisions, requirements, and limitations in this Agreement. The County shall be subject to all Town ordinances now in force or hereafter lawfully adopted, including all ordinances relating to the use of public rights of way by utilities. The County agrees that it will not assert any claim against the Town that the provisions of this Agreement or any applicable Town ordinance or regulation in force at the time of execution of this Agreement are unreasonable, arbitrary, or void. Section 22. Non-Exclusive License. This License and the privileges granted herein shall not be exclusive. The Marana Town Council expressly reserves the right to grant, at any time, similar franchises, licenses, and privileges over the same highways, roads, streets, alleys, and thoroughfares, or any thereof, to any other person, fum, or corporation. Section 23. Assignment. The County hereby agrees that neither this Agreement nor any of the County's facilities in Town rights of way shall be sold, assigned, or transferred without the prior written approval of the Marana Town Council. The decision to approve or deny the sale, assignment, or transfer of this Agreement shall be within the sole discretion of the Marana. Town Council, and the Council may deny the County's request to sell, assign, or transfer the Agreement if such denial is in the best interests of the Town. ~, ~'~ Section 24. Contact Information. All notices or correspondence concerning this Agreement shall be ~ °' provided in writing to: ~~'~ ,~ ~~i a~ ~~~, {00006931.DOC /} Intergovernmental Agreement between Page 6 of 8 Town of Mauna Municipal Water Department and Pima County (PC use of Marana ROW) If to County: Pima County Real Property Services 201 North Stone, 6th Floor Tucson, Arizona 85701 (520) 740-6313 If to Town: Brad DeSpain, Utilities Director Town of Marana Municipal Water Department 11555 W. Civic Center Drive " Tucson, AZ 85653. (520) 382-2570 Any -change in any of the foregoing contact information for either party shall be made in writing to the " other party. Section 25. Effective Date. This Agreement shall be effective upon the filing of the original hereof with the Office of the Fima County Recorder. This .Agreement shall expire on the fifteenth anniversary thereof, unless sooner terminated by either parry hereto. Section 26. Termination.. This Agreement may be terminated by either the Town or the County upon 180 days' written notice. Section. 27. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. Section 28. A.R.S. § 38-511. This Agreement is subject to the provisions of A.RS. §38-511. IN wITlvESS w~xEOF, County has caused this Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board; and the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Town of Marana, Arizona Town Council i Ed li Date: Pima County, Arizona Board of ~r(5$rvisor~ lrichard Elias, Gh'~ir Date: May 6 , 2008 Attest: Attest: -~ ~'~ celyn Broi~son,." CMC Town Clerk Lori Godoshian, Clerk of the Board `'Date: f'%'/?~ ,;~~~ Date: May 6, 2008 f' ~ T {00006931.DOC /} Intergovernmental Agreement between Town of Marana Municipal water Department and Pima County (PC use of Mataoa ROW) ,Page 7 of 8 ~,~ ~~, ., . The forgoing Intergovernmental Agreement between 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 Intergovernmental Agreement represented by the undersigned. Town. of Marana: ~.~ To~ri Attorney Pima County: Deputy Coun ttorney ~. ;' it ,,~, {00006931.DOC /} Intergovernmental Agreement between Town of Marana Municipal Water Department and Pima County (PC use of Mauna ROW) Page 8 of 8 .,~.~_ o.~.-._._ .,.__.~,...~N ,. ~,. _, ..~~ 7~. /If . /~/o ~/3 05'0 ~ K 'y .., ,. ..« ..,,s...9..n..,»s. ~.. _ .. ...., . ...ax .w.». INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTI' AND THE TOWN OF MARANA FOR TOWN OF MAI2ANA PUBLIC RIGHT'S-OF-WAY THIS INTERGOVERNMENTAL AGREEMENT is entered into pursuant to Arizona Revised Statutes ("A.R.S:") Title 11, Chapter 7, Article 3, by and between the Town of Martina (the "Town"), a municipal corporation of the State of Arizona, and Pima County (the "County"), a body politic and corporate and a political subdivision of the State of Arizona. WI~REAS, the Town owns the public rights of way within the town limits of the Town of Martina, and has the statutory authority to regulate and manage said rights of way by virtue of A.R.S. section 9-240; and WHEREAS, the County awns, operates, and maintains wastewater facilities,: including waterworks such as conduits and pipelines, together with the necessary or usual appurtenances for the conveyance of sewage under, over, or through Town streets, as authorised by A.R.S. section 11-264; and WHEREAS, the County and the Town have the right to enter into agreements. and contracts with other public agencies to further their common interests.pursuant to A.R.S. section l 1-952; NOW, THEREFORE, the Town and the County agree as follows: Section 1. Grant of Permission. The County hereby is authorized and empowered, on anon-exclusive basis,. to use all public Town rights of way "now existing or hereafter established and lying within the town limits of the Town of Martina, under the terms and conditions set forth herein, for the .purpose of installing, repairing, replacing, and maintaining its facilities. .Section 2, Term. This Agreement shall be effective for a term of fifteen (15) years from the Effective Date as defined in Section 25, below, -and: extinguishes, supersedes, and replaces all previous or existing franchises or licenses granted to the County by the Town. Section ~. ReQUlation of Town Ri>rhts of Wav. All rights ,hereunder are granted under the express conditionthat the Town shall have the power at any time to impose such restrictions and limitations upon, and to make such regulattions as to, the County's use of the Town's rights. of way as the Town may be authorized by law to impose, including but not limited to -the power to impose such restrictions, limitations, and regulations as the Town is authorized to impose upon licensees or franchisees pursuant to state law. {OOOU6931.130C /} Intergovernmental Agreement b~ween Page 1 Of 8 Town of Marana Municipal Water Department and. Pima County {PC use of Martina ROV1~ Section 4. Superior °ghts. The rights of the Town in and to the use of all public rights of way located within the town limits of the Town of Marana are and forever shall be paramount and superior to the rights of the County, subject only to this Agreement. Section 5. Alteration of Public Rights of Wav. Nothing in this Agreement shall be construed so as to prevent the Town from altering, improving, adjusting, repairing, or maintaining its facilities and public rights of way; and for that purpose to require the County to adjust, remove, replace, or relocate the County's facilities: Facilities of the County shall mean any physical object or improvement owned, possessed, made, installed, constructed, or maintained by the County, or made, installed, or constructed by the Town or others at the request of the County. Facilities of the Town shall mean any physical object or improvement owned, possessed, made, installed, maintained, or constructed by the Town or others at the request of the Town, including all paving, highway, transportation, flood control, wastewater and water facilities located within Town rights of way. Section 6. Non-Exclusive Use. Nothing in this agreement shall be construed to grant the County an exclusive right to use the public rights of way. The County's facilities shall be erected, adjusted, installed, replaced, removed, relocated, and maintained in a manner that. will not interfere with the reasonable use of the public rights of way by the public, the Town, or any other franchisee or licensee. The location of the County's facilities in the public rights of way shall not create or establish a vested interest in the rights of way, and its facilities shall be removed or relocated by the County whenever the Town determines that the County's facilities impact, restrict, obstruct, or hinder the Town or the public's existing or future use of the rights of way or the Town's operation or location of Town facilities. Section 7. Relocation. The County shall be solely responsible for the design, adjustment, removal, or relocation, temporarily or permanently, of all County facilities that impact, conflict with, or interfere with -the Town's use of its rights of way or the Town's improvement, relocation, or adjustment of any facilities located in Town rights of way. The cost of designing, adjusting, removing, relocating or replacing the County's facilities shall be the County's sole responsibility, unless the County has established prior rights with the Town for the facilities to be affected. Prior to beginning any activity in a Town right of way, the County shall obtain all required permits from the Town and any other applicable jurisdiction for the activity. The County's facilities shall be adjusted, removed, replaced, or relocated by the County in .accordance with an activity schedule determined by the Town and provided to the County within a reasonable period of time prior to the scheduled activity start date. ff the schedule is unacceptable to the County or the County finds it necessary to plead financial hardship regarding the cost of relocating its facilities, the County may appeal to the Marana Town Council. If the County's facilities are not adjusted, removed, replaced, or relocated within the time period allotted by the Town's activity schedule, the Town may, at its discretion, adjust or relocate the County's facilities. The County hereby agrees to be liable for - all costs incurred by the Town for the adjustment or relocation of the County's facilities necessitated by the Town's activities, including overhead and maintenance costs and an administrative surcharge in the amount of fifteen (15) percent of the total cost attributed to the adjustment or relocation of the County's facilities. In the event that the Town incurs such costs, the Town shall submit a bill to the County for the incurred costs, and. the County shall pay the Town the invoiced amount within ninety (90) calendar days of receipt of the invoice. If the invoice is not paid by the County in a timely manner, all rights granted to the County under this agreement shall be suspended and no permits will be issued to the County for any work within Town rights of way until the invoiced costs. are paid in fi111 to the Town. The County may contest the propriety of such invoices by filing a written appeal with the IViarana Town Council, whose decision with respect thereto shall be final. Section 8. Undergrounding. The parties acknowledge that the Town has the authority to require the County to underground its above-ground facilities in Town rights of way when the Town determines that Intergovernmental Agreement between Page 2 Of 8 •Town of Mama Municipal Water Department and Pima County (PC use of Maxana ROW) such undergrounding is necessary to conform to existing Town Ordinances or is in the public interest. The Town may require the County to conduct a study of the cost of undergrounding any portion or segment of the County's facilities located in Town rights of way. Any such study -shall set forth an estimate of the costs of undergrounding the County's facilities, including a breakdown of the cost allocated to labor, materials, design, and construction for converting above-ground facilities to underground facilities. The County shall submit a cost study of any specified segment of the County's facilities within ninety (90) calendar days after receiving written notice from the Town requesting the cost study. The cost of preparing and providing any cost study requested by the Town shall be borne by the County. Section 9. Scenic Routes. The installation of the County's facilities within any public rights of way designated by the Marana Town Council as a scenic route must be constructed in accordance with the Town's Scenic Routes Ordinance. Section 10. Performance of Work. The work required by the County to design, construct, reconstruct, pothole for, design, adjust, relocate, replace, or repair the County's facilities shall be the County's sole responsibility. The cost of any delays to Town protects caused by the County's failure to complete its work in accordance with the Town's activity schedule shall be the County's sole responsibility, provided that the Town shall have provided the County with reasonable advance notice of the need to take such action and a reasonable amount of time allowed to perform the necessary activities. In the event the Town incurs such costs, the Town shall submit a bill to the County for the incurred costs, and the County shall pay the Town the invoiced amount. within ninety (90) calendar days of receipt of the invoice. If the invoice is not paid by the County in a timely manner, all rights granted to the County under this Agreement shall be suspended, and no permits. will be issued to the County for any work within Town rights of way until the invoiced costs are paid in full to the Town. The County may contest the propriety of such costs by filing a written appeal with the Marana Town Council, whose decision with respect thereto shall be final. Section 11. Location of Facilities. As a condition of this Agreement, the County hereby agrees to have and maintain precise, up-to-date maps of the County's facilities located in Town rights of way, and to make this information available to the Town within fifteen (15) calendar days of receiving a written request from the Town. Beginning on the effective date of this Agreement, .the County shall maintain precise and verifiable horizontal and vertical location information tied to an accepted .Town datum and .provide such information to the Town within fifteen (15) calendar days of receiving written notice from the Town. As a condition of the issuance of this Agreement, the County agrees to provide surface location marking of the County's undergrounded facilities located within the public rights of way within two working days of a request from the Town. In the event the County is unable to provide the location information to the Town within the allotted time frame, the Town may, at its discretion, locate the County's facilities and the County shall be liable for the Town's costs incurred . in locating the County's facilities. Section 12. Work in Rights-of-Way. 12.1 Damage to other facilities. In the construction, adjustment, removal, relocation, repair, operation, and.maintenance of its facilities, the County shall avoid causing or permitting any damage, disturbance, or unnecessary modification or alteration to Town facilities including pavement, or to the facilities of others located in Town rights of way. If the County causes or permits any such damage, disturbance, or unnecessary alteration or modification, the County, at its sole expense and in a manner approved by the Town Engineer, shall restore the damaged, disturbed, altered, or modified facilities to the .condition in which they existed before being damaged, disturbed, modified, or altered. The County also. {00006931.DOC /}. Intergovernmental Agreement between Page 3 0f 8 Town of Marana Municipal Water Department and Pima County (PC use of Marnna ROW) shall be liable to owners of said facilities for any other losses or expenses that may accrue because of said damage, disturbance, modification, or alteration. The restoration of facilities shall be initiated promptly and completed expeditiously. by the County, who shall give priority to the restoration, repair, or replacement of such facilities over all non-emergency activities of the County. -12.2 Damage to vegetation. In the construction, adjustment, removal, relocation, repair, operation, and maintenance of its facilities, the County shall use all necessary care to avoid any damage to or disturbance of existing vegetation in-the public rights of way. If the County causes'or permits-any such damage or disturbance, the County shall re-vegetate the rights of way at its sole expense and in accordance with all Town regulations-then in effect. 12.3 Adjacent properties. The County shall provide prior written notice to the owners or residents of adjoining properties of any activity of the County which may temporarily interfere with access to or use of said adjoining property. The County shall maintain access to adjoining properties during all construction activities or other operations, unless the requirement of access is waived in writing by the owners and residents of the affected properties. If an emergency requires activity without written notice, the County shall use its best efforts to provide timely actual notice to the owners and residents of adjoining properties. Section 13. Desisn and Location of Facilities. 13.1 Injury to persons and property. The County shall use reasonable care at all times to avoid damage or injury to persons and property during the construction, adjustment, removal, relocation, repair, operation, and maintenance of the County's facilities. 13.2 Location and construction of facilities. The location and construction of the County's facilities in public rights of way shall conform to Town standards and guidelines then in effect and as may be directed by the Town, in order not to interfere with a planned future use of the public rights of way by the Town. 13.3 Interference with other uses.. The County's facilities shall be located in a manner designed to cause the least amount of interference with the public's existing or future use of roads, streets, alleys, and. other public rights of way, and in such a way as will minimize interference with the rights and. convenience of adjacent property owners. 13.4 Relocation offacilities. The Town may require the County, at the County's sole expense, to remove, relocate, mitigate, or underground any of the County's facilities that present a potential hazard to the public, that interfere with the public's use of the public rights of way, or that are determined by the Town to be aesthetically undesirable. 13.5 Neighboring property owners. The County shall be responsible for• notifying owners or residents of adjoining properties in writing about permanent or temporary above- or below-ground facilities to be constructed in Town rights of way. The County shall make every reasonable effort to resolve the concerns of property owners and residents regarding the construction of the County's facilities. Should the Town determine that the County failed reasonably to evaluate all options available to alleviate residents' concerns, the Town may require the County to relocate its facilities at the County's sole expense. {00006931.DOC /} lntergovenamental Agreement between Page 4 Of 8 Town of Mauna Municipal Water Depattmear and lima County (PC use of Marxtn ROW) 13.6 Excavation costs. The County shall be responsible for any costs that the Town incurs in locating, excavating, or exposing any underground County facilities on Town construction projects within Town rights of way. Section 14. Construction Safety. Any opening or obstruction in the public rights of way caused by the County during the course of the County's activities in the rights of way shall be guarded and protected at all times by safety barriers erected by the County, which safety barriers shall be designated clearly by warning lights during periods of dusk and darkness. Any work performed by the County in or adjacent to a public roadway open for travel shall be signed and marked properly by the County with warning and directional devices in accordance with all applicable state and local traffic regulations, and in accordance with the Arizona Department of Transportation's Traffic Control Manual for .Highway Construction and Maintenance. Section 15. Drainage. During construction or excavation in the public rights of way, the County shall provide proper drainage so that the public rights of way .will be free .from standing surface -water and adequately. drained so as .not to cause flood or erosion damage to the facilities of the Town or surrounding property. For projects with a material impact upon local drainage patterns, the County may be required by the Town to submit drainage-engineering data and design plans to the Town for review and approval prior to the issuance of any Right-of--Way Use Permit by the Town. Section 16. Issuance of Permit not Town Aparoval of Violation. The Town's review, approval, or acceptance of plans or specifications or issuance of a permit for the installation, construction,. or location of a facility by the County shall not be construed to be an authorization for or approval of a violation of any federal, state, or local law or regulation, or of any industry standard, pertaining to the location or construction of a utility facility in public rights of way. Section 17. Town Inspection. The Town, if it deems necessary,, has the right to inspect any work by the County in the public rights of way to ensure proper performance of the terms of this Agreement and .conformance with any applicable federal, state, or local laws, ordinances, and regulations. The. Town may require the County to pay a reasonable and uniform fee to cover the actual costs of inspections performed by the Town or its contractor under this provision. 'the Town may, at its discretion, pothole the County's facilities to, verify conformance with Section 11, above. The County shall be liable for the cost of potholing, and for an administrative surcharge in the amount of fifteen (15) percent of the total cost of potholing, should the County's facilities be found to be out of conformance. The County shall be responsible for taking corrective action to bring as-builts into conformance with verified facilities. Section 18. Abandonment of Facilities. Abandonment in place of any of the County's facilities located within Town rights of way may occur only upon written approval from the Town. section 19 Liability and Indemnity. The County acknowledges its sole responsibility for any of its facilities and/or equipment installed in the public rights of way, and for any liability arising from any activities the County performs within the public rights of way. The County agrees to indemnify, hold harmless, and defend the Town and its officials, agents, servants, and employees against any and all claims for injuries to persons or damage to property, whether intentional, negligent, or otherwise, arising out of the County's. work in the public rights of way, or due to the existence of the County`s facilities and/or equipment in the public rights-of--way, or in any way related to the County's exercise of `its rights under this Agreement. Neither the issuance of a Town permit for installation or location of a facility or equipment, nor Town approval of such installation or location, nor the failure of the Town to direct the County to take any precautions, to make any changes, or to refrain from doing anything shall excuse the {00006931.DOC /} lntergovernmeartal Agmement between Page 5 Of 8 Town of Marano Municipal Water II~epartment and Pima County (PC use of Marano ROW) County of its responsibilities hereunder to the Town or others in the case of any injury to persons or damage to property. If the Town is sued in any court by any person, firm, association, or corporation to recover damages for injuries to person or property on account of the installation, repair, operation, and/or maintenance of the County's facilities or equipment, the County shall defendall such suits and pay any resulting judgments, and shall, at the option of the Town, be made a party to any such court proceeding. Section 20. Town Participation in Legal .Actions. The Town shall have the right at all times to take part in any suit or action instituted by or against the County in which any judgment or.decree can be rendered, which might- result in the foreclosure of any lien on any County property situated within public rights of way, or which could affect the rights, powers,. or duties of the County to do or not to do anything that this Agreement might require the County to Rio or not to do, and also to take such steps: as the Town may deem appropriate to protect the interests of -Town or the public. The Town shall have the right to intervene in any suit, action, or proceeding by any person or persons, firm., or corporation seeking to enjoin, restrain, or in any~manner interfere with the County in the performance or observance by it of-any of the terms or conditions of this Agreement, or of any regulation, notice, or direction of the Town in such connection, or which involves or might involve the constitutionality, validity, or enforeelnent of this Agreement. The Town also may move for dissolution of any such injunction or restraining order or take any other appropriate step, in any such suit, actionn;or proceeding that it may deem. necessary or advisable in order to protect its interests. Section 21. Compliance with Agreement. Conditions and Ordinances., The County agrees to conform to, abide by, and perform all the ,conditions, provisions, r~uirements, and limitations in this Agreement. The County shall be subject to all Town ordinances now in force or hereafter lawfully adopted, including all ordinances relating to the use of public rights of way by utilities. The County agrees that it will not. assert -any claim against the Town that the provisions of this Agreement or any applicable Town ordinance or regulation in force at the time of ex~ecutibn of this Agreement are unreasonable, arbitrary, or void. Section 22, Non-Exclusive License. This License and the privileges granted herein shall not be exclusive. The Martina Town Council expressly reserves the right to giant, at any time, similar franchises, licenses, and privileges over the same highways, roads, streets, alleys, and thoroughfares, or -any t$ereof, to any otherperson, firm, or corporation. Section 23. Assignment. The County hereby agrees that neither this Agreement nor any of the County's facilities in Town rights of way shall be sold, assigned, or transferred without the prior written approval of the Martina; Town Council. The decision to approve or deny the sale, assignment, or transfer of this Agreement shall be within the sole discretion,of the Martina Town Council, and the Couxtcil may deny the County's request to sell, assign, or transfer the Agreement if such denial is in the best interests of-the Town. Section 24. ,.Contact Information. All, notices or correspondence concerning this Agreement shall be provided in writing to: {00006931.DOC /} Intergovernmental Agreem~t Uetween Page 6 Of 8 Town of Mauna Municipal Water Department and Pima County (PC use of Mauna ROW}. ~ 1 . . If to County: Pima County Real Property Services 201 North Stone, 6th Floor Tucson, Arizona 85701 (520) 740-6313 If to Town: Brad DeSpain, Utilities Director Town of Marano Municipal Water Department 11555 W. Civic Center Drive Tucson, AZ 85653 (520)382-2570 Any change in any of the foregoing contact information for either party. shall be made in writing to the other party. Section 25. EffectiveDate. This Agreement shall be effective upon the filing of the original hereof with the Office of the Pima County Recorder. This .Agreement shall. expire on the fifteenth anniversary thereof, unless sooner terminated by either party hereto Section 26. Termination: This Agreement may be terminated by either the Town or the County upon 180 days' written notice. Section 27. Compliance with Laws. The parties shall comply with all applicable federal; state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. Section 28. A.R.S. § 38-511. This Agreement is subject to the provisions of A.R.S. §38-511. IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board; and the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Town of Marano, Arizona Town Council F.d Honea a or Date: Attest: „; r . v* . ~~70` yn Bson, CIVIC, Town Clerk ate: ,r.~ _': ~, Pima County, Arizona Board of Su~ervisors~ Richard Ehas, Chair Date: pq~~~gn~ Attest: Lori Godoshian, Clerk of the Board Date: M~,v 6 ~ 2008 {00006931.DOC /} Intergovernmental Agreement between Page 7 Of 8 Town of Marano Municipal Water Department and Pima County (PC use of Marano ROW) The forgoing Intergovernmental Agreement between Pima County and the Town of Martina 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. Town of Martina: Pima County:. Town Attorney Deputy Co ttorney ~~ {OOOU6931.IX~ /} Intergovemmentat Agreement between Page 8 of 8 Town of Mauna Ivluncipai Water Department Pima Coua~y (PC use of Macana ROVVy