HomeMy WebLinkAbout2013 07.01 City Council Work Session Agenda `'y`-- City of Apache Junction, Arizona Meeting location
• ' _ ', City Council Chambers
z - ''' at City Hall
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� -�.4 300 E Superstition Blvd
,. Agenda - Final Apache Junction,Az
,rlLl 85119
City Council Work Session
www ajcity net
Ph (480)982-8002
Monday,July 1,2013 7.00 PM City Council Chambers
A Call to Order
B. Roll Call
C. Agenda Items
1. 13-139 Presentation and discussion by city and Resolution Copper staff on the
Resolution Copper Project near Superior, Arizona and the request for a
resolution of support from city council for the Southeast Arizona Land
Exchange and Conservation Act Presentation and discussion
2. 13-134 Presentation and discussion with a representative from the Greater Phoenix
Economic Council (GPEC) regarding the proposed renewal of contract for
economic development services in an amount of$21,186 00 and
reappointment of Councilmember Serdy as the City of Apache Junction
representative to the GPEC Board of Directors Presentation and
discussion.
3 13-110 Presentation and discussion on Resolution No 13-29, formalizing Amendment
#1 to the East Valley Gang and Criminal Information Fusion Center
Intergovernmental Agreement which allows for participation in by the City of
Apache Junction Presentation and Discussion
4 13-151 Discussion on compression brake usage on US Highway 60 The issue of
compression braking on city streets was first discussed at the January 3, 2006
City Council meeting Discussion only.
D. Adjournment
Copies of this agenda and additional information regarding any of the items listed above
may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from
the City Clerk's office located at
300 East Superstition Boulevard, Apache Junction,AZ
If any person with a disability needs any type of accommodation,please notify the
Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours
pnor to the scheduled time
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
City of Apache Junction, Arizona 300E Superstition
?, Boulevard
Apache Junction,AZ
85119
Master
File Number: 13-139
File ID. 13-139 Type• Report/Update Status.Agenda Items
Version. 1 Reference In Control. City Council Work
Session
Cost. File Created. 06/19/2013
File Name. Resolution Copper update and resolution discussion Final Action.
Title. Presentation and discussion by city and Resolution Copper staff on the Resolution
Copper Project near Superior, Arizona and the request for a resolution of support from
city council for the Southeast Arizona Land Exchange and Conservation Act
Presentation and discussion.
Notes
Agenda Date• 07/01/2013
Indexes.
Sponsors: Busby Enactment Date.
Attachments. Miami Resolution,Winkleman Resolution, Gila County Enactment Number
Resolution, HR687 Bill Summary, HR687 Bill Text
Contact. Hearing Date.
Drafter mbusby@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body* Date. Action. Sent To Due Date Return Result*
sion Date
1 City Council Work Session 07/01/2013
Text of Legislative File 13-139
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
TOWN OF MIAMI
RESOLUTION NO. 1127
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MIAMI EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA
LAND EXCHANGE AND CONSERVATION ACT, URGING THE
UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES
TO PROMPTLY ENACT THE BILL AND RECOGNIZING
RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND
EFFORTS TO DEVELOP A NEW COPPER MINE AND ENHANCE
THE LOCAL, STATE AND NATIONAL ECONOMIES
WHEREAS, the Town of Miami recognizes the importance of regional economic
development; and
WHEREAS, the Town of Miami recognizes the significant role that Copper Mining has
played in the history of our area and the State of Arizona for more than 100 years; and
WHEREAS, Resolution Copper is actively engaged in the development of an
environmentally sound, socially responsible underground mining project in and around
the Oak Flat area west of the City of Globe, Town of Miami and Gila County; and
WHEREAS, the Town of Miami understands the importance of the Southeast Arizona
Land Exchange and Conservation Act and Arizona's economic future and urges both
houses of Congress to expeditiously pass this legislation; and
WHEREAS, the Town of Miami understands the positive financial impacts and while
recognizing there may be possible negative cultural impacts associated with these bills
and the proposed Copper Mine; now
THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Miami
hereby declare full support for the Southeast Arizona Land Exchange and Conservation
Act and the development of the Resolution Copper Mine.
APPROVED AND ADOPTED this .1.V.hlay of lief 2013.
ATTEST: APPROVED:
V)ra.ni.S)0 QUISLtLsID
Karen Norris, Town Clerk Ro emary Casta da, Mayor
1
RES NO 1127
APPROVED AS TO FORM:
•
ciptAA,C)
Curtis, Goodwin, Sullivan, Udall & wab, PLC
Town Attorneys
By: Phyllis L.N. Smiley
I hereby certify the above foregoing Resolution No. 1127 was duly passed by the
Council of the Town of Miami, Arizona, at a regular meeting held on Jim 13;, 2013, and
that a quorum was present thereat and that the vote thereon was LD dyes and (D
nays and 0 abstentions. , Councilmembers were absent or excused.
VDVLWL )V
Karen Norris, Town Clerk
2
RES NO 1127
RESOLUTION NO. 129-2013
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF WINKELMAN, GILA AND PINAL
COUNTY, ARIZONA, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND
CONSERVATION ACT, AND URGING THE UNITED STATES CONGRESS TO PROMPTLY ENACT THE BILL
AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND EFFORTS TO
DEVELOP A NEW COPPER MINE AND ENHANCE THE LOCAL,STATE AND NATIONAL ECONOMIES
WHEREAS, the Town of Winkelman recognizes the importance of regional economic
development;and
WHEREAS, the Town of Winkelman recognizes the significant role that Copper Mining has
played in the history of our area and the State of Arizona for more than 100 years;and
WHEREAS, Resolution Copper is actively engaged in the development of an environmentally
sound, socially responsible underground mining project in and around the Oak Flat area east of the
Town of Superior; and
WHEREAS, the Town of Winkelman understands the importance of the Southeast Arizona Land
Exchange and Conservation Act and Arizona's economic future and urges Congress to expeditiously pass
this legislation;and
WHEREAS, the Town of Winkelman understands the potential positive and negative cultural and
financial impacts associated with these bills and the proposed Copper Mine;and
THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Winkelman hereby
declare their full support for the Southeast Arizona Land Exchange and Conservation Act and the
development of the Resolution Copper Mine on this 13th day of May,2013.
APPROVED AND ADOPTED this 13th day of May,2013.
(-4PutiO
Mayor Manuel B.Ag ' re,Jr.
ATTEST: APPROVED AS TO FORM:
Sylvi erlock, Town Clerk J. ee Flake, Town Attorney
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RESOLUTION NO. 13-06-03
A RESOLUTION OF THE GILA COUNTY BOARD OF SUPERVISORS
EXPRESSING CONTINUED SUPPORT FOR THE SOUTHEAST
ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING
THE UNITED STATES CONGRESS TO PROMPTLY ENACT THE BILL,
AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS
INVESTMENTS AND EFFORTS TO DEVELOP A NEW COPPER MINE
AND ENHANCE THE LOCAL, STATE AND NATIONAL ECONOMIES.
WHEREAS, the Gila County Board of Supervisors has supported Resolution Copper in the past
by adopting resolution numbers 07-10-10, 09-02-02 and 12-01-04; and
WHEREAS, the Gila County Board of Supervisors recognizes the importance of regional
economic development; and
WHEREAS, the Gila County Board of Supervisors recognizes the significant role that copper
mining has played in the history of our area and the State of Arizona for more than 100 years,
and
'"' WHEREAS, Resolution Copper is actively engaged in the development of an environmentally
sound, socially responsible underground mining project in and around the Oak Flat area east of
the Town of Superior; and
WHEREAS, the Gila County Board of Supervisors understands the importance of the Southeast
Arizona Land Exchange and Conservation Act and Arizona's economic future and urges
Congress to expeditiously pass this legislation; and
WHEREAS, the Gila County Board of Supervisors understands the potential positive and
negative cultural and financial impacts associated with these bills and the proposed copper mine
NOW, THEREFORE, BE IT RESOLVED that the full body of the Gila County Board of
Supervisors hereby declares its full support for the Southeast Arizona Land Exchange and
Conservation Act and the development of the Resolution Copper mine.
Resolution No.13-06-03 Page 1
PASSED AND ADOPTED this 28thday of May 2013, at Globe, Gila County,Arizona
Attest. GILA COUNTY BOARD OF SUPERVISORS
(4)trl IVA
Mariafi Sheppard, Clerk Michael A Pastor,Chairman
Approved as to foinr
ryan Ch Whets
Deputy torney Principal
Resolution No 13 06-03 Page 2
Imo,
The Library of Congress>THOMAS Home> Bills, Resolutions > Search Results
Bill Summary & Status
ii3th Congress (2013 - 2°14)
H.R.687
CRS Summary
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H.R.687
Latest Title: Southeast Arizona Land Exchange and Conservation Act of 2013
Sponsor: Rep Gosar, Paul A. [AZ-4] (introduced 2/14/2013) Cosponsors (4)
Related Bills:S.339
Latest Major Action: 5/15/2013 House committee/subcommittee actions. Status: Ordered to
be Reported (Amended) by the Yeas and Nays. 23 - 19.
SUMMARY AS OF:
2/14/2013--Introduced
Southeast Arizona Land Exchange and Conservation Act of 2013 - Authorizes and directs the
Secretary of Agriculture (USDA) (the Secretary), if Resolution Copper Mining, LLC offers to
convey specified parcels of non-federal land in Gila, Yavapi, Maricopa, Coconino, Pinal, and/or
Santa Cruz Counties, Arizona, that are acceptable to the Secretary or the Secretary of the
Interior, to convey certain federal land in Pinal County, Arizona, to Resolution Copper.
akes the federal lands available to Resolution Copper for use for mining and related activities.
j Requires the Secretary, if so requested by Resolution Copper, to issue separate special use
permits to it to carry out mineral exploration activities. (1) under the Oak Flat Withdrawal Area
from existing drill pads outside the Area, if they would not disturb the surface of the area; and
(2) within the Withdrawal Area (with the exception of within the Oak Flat Campground), if they
are conducted from a single exploratory drill pad which is located to minimize visual and noise
impacts on the Campground.
Makes lands acquired by the Secretary under this Act part of the National Forest within which
the land is located.
Adds certain of the non-federal land acquired by the Secretary of the Interior in Pinal and Santa
Cruz Counties to the San Pedro Riparian and Las Cienegas National Conservation Areas,
respectively
Instructs Resolution Copper to surrender, without compensation, the rights held by it under
mining and other U.S. laws to commercially extract minerals under Apache Leap
Requires Resolution Copper to make value adjustment payments to the United States based
upon locatable minerals produced from the federal land in Pinal County, Arizona.
Authorizes the Secretary to issue to Resolution Copper special use permits that allow it to carry
out underground activities (other than the commercial extraction of minerals) under the surface
of Apache Leap that would not disturb the surface.
Requires preparation of a management plan for Apache Leap.
Directs the Secretary to convey specified lands in Pinal County to the town of Superior, Arizona.
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INFORMATION
GPO Aft
I
113TH CONGRESS I-I• R. 687
1ST SESSION
To facilitate the efficient extraction of mineral resources in southeast Arizona
by authorizing and directing an exchange of Federal and non-Federal
land, and for other purposes
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2013
Mr. GoSAR (for himself, Mrs KIRKPATRICK, Mr SALMON, Mr. SCHWEIKERT,
and Mr FRANKS of Arizona) introduced the following bill, which was re-
ferred to the Committee on Natural Resources
A BILL
To facilitate the efficient extraction of mineral resources
in southeast Arizona by authorizing and directing an
exchange of Federal and non-Federal land, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 toes of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE —This Act may be cited as the
5 "Southeast Arizona Land Exchange and Conservation Act
6 of 2013".
7 (b) TABLE OF CONTENTS.—The table of contents for
8 this Act is as follows:
2
Sec 1 Short title, table of contents
Sec 2 Findings and purpose
Sec. 3 Definitions
Sec 4 Land exchange
Sec 5. Conveyance and management of non-Federal land
Sec 6 Value adjustment payment to United States
Sec 7 Withdrawal
Sec 8 Apache leap
Sec 9 Conveyances to town of Superior,Arizona.
Sec 10 Miscellaneous provisions
1 SEC. 2. FINDINGS AND PURPOSE.
2 (a) FINDINGS —Congress finds that-
3 (1) the land exchange furthers public objectives
4 referenced in section 206 of the Federal Land Policy
5 and Management Act of 1976 (43 U S C 1716) m-
6 eluding-
7 (A) promoting significant job and other
8 economic opportunities in a part of the State of
9 Arizona that has a long history of mining, but
10 is currently experiencing high unemployment
11 rates and economic difficulties;
12 (B) facilitating the development of a world eiN
-
13 class domestic copper deposit capable of meet-
14 mg a significant portion of the annual Umted
15 States demand for this strategic and important
16 mineral, in an area winch has already been sub-
17 ject to mining operations,
18 (C) significantly enhancing Federal, State,
19 and local revenue collections in a time of severe
20 governmental budget shortfalls,
•HR 687 IH
3
1 (D) securmg Federal ownership and pro-
2 tection of land with significant fish and wildlife,
3 recreational, scenic, water, riparian, cultural,
4 and other public values;
/'\ 5 (E) assisting more efficient Federal land
6 management via Federal acquisition of land for
7 addition to the Las Cienegas and San Pedro
8 National Conservation Areas, and to the Tonto o
9 and Coconmo National Forests,
10 (F) providing opportunity for community
11 expansion and economic diversification adjacent
12 to the towns of Superior, Miami, and Globe, Ar-
13 izona; and
14 (G) protecting the cultural resources and
15 other values of the Apache Leap escarpment lo-
16 cated near Superior, Arizona; and
^ 17 (2) the land exchange is, therefore, in the pub-
18 lie interest
19 (b) PURPOSE —It is the purpose of this Act to au-
20 thorize, direct, facilitate, and expedite the exchange of
21 land between Resolution Copper and the United States.
22 SEC. 3. DEFINITIONS.
23 In this Act
24 (1) APACHE LEAP.—The term "Apache Leap"
25 means the approximately 807 acres of land depicted
•HR 687 IH
4
1 on the map entitled "Southeast Arizona Land Ex-
2 change and Conservation Act of 2011 Apache Leap"
3 and dated March 2011
4 (2) FEDERAL LAND —The term "Federal land"
5 means the approximately 2,422 acres of land located ^1
6 in Pinal County, Arizona, depicted on the map enti-
7 tied "Southeast Arizona Land Exchange and Con-
8 nervation Act of 2011—Federal Parcel—Oak Flat"
9 and dated March 2011
10 (3) INDIAN TRIBE.—The term "Indian tribe"
11 has the meaning given the term in section 4 of the
12 Indian Self-Determination and Education Assistance
13 Act (25 U.S.0 450b)
14 (4) NON-FEDERAL LAND —The term "non-Fed-
15 eral land" means the parcels of land owned by Reso-
16 lution Copper that are described in section 5(a) and,
17 if necessary to equalize the land exchange under sec PIN
-
18 tion 4, section 4(e)(2)(A)(i)
19 (5) OAK FLAT CAMPGROUND.—The term "Oak
20 Flat Campground" means the approximately 50
21 acres of land comprising approximately 16 developed
22 campsites depicted on the map entitled "Southeast
23 Arizona Land Exchange and Conservation Act of
24 2011—Oak Flat Campground" and dated March
25 2011
•HR 687 rx
5
1 (6) OAK FLAT WITHDRAWAL AREA—The term
2 "Oak Flat Withdrawal Area" means the approxi-
3 mately 760 acres of land depicted on the map enti-
4 tied "Southeast Arizona Land Exchange and Con-
5 servation Act of 2011—Oak Flat Withdrawal Area"
6 and dated March 2011.
7 (7) RESOLUTION COPPER—The term "Resolu-
8 tion Copper" means Resolution Copper Mining,
9 LLC, a Delaware limited liability company, includ-
10 ing any successor, assign, affiliate, member, or joint
11 venturer of Resolution Copper Mimng, LLC
12 (8) SECRETARY.—The term "Secretary" means
13 the Secretary of Agriculture
14 (9) STATE —The term "State" means the State
15 of Arizona
16 (10) TOWN.—The term "Town" means the in-
17 corporated town of Superior, Arizona.
18 SEC. 4. LAND EXCHANGE.
19 (a) IN GENERAL—Subject to the provisions of this
20 Act, if Resolution Copper offers to convey to the United
21 States all right, title, and interest of Resolution Copper
22 in and to the non-Federal land, the Secretary is authorized
23 and directed to convey to Resolution Copper, all right,
24 title, and interest of the United States in and to the Fed-
25 eral land.
•HR 687 IH
e
6
1 (b) CONDITIONS ON ACCEPTANCE —Title to any non-
2 Federal land conveyed by Resolution Copper to the United
3 States under this Act shall be in a form that-
4 (1) is acceptable to the Secretary, for land to
5 be administered by the Forest Service and the Sec- /'1
6 retary of the Interior, for land to be administered by
7 the Bureau of Land Management; and
8 (2) conforms to the title approval standards of
9 the Attorney General of the United States applicable
10 to land acquisitions by the Federal Government
11 (c) CONSULTATION WITH INDIAN TRIBES —If not
12 undertaken prior to enactment of this Act, within 30 days
13 of the date of enactment of this Act, the Secretary shall
14 engage in government-to-government consultation with af-
15 fected Indian tribes concerning issues related to the land
16 exchange, in accordance with applicable laws (including
17 regulations) 01444
18 (d) APPRAISALS.-
19 (1) IN GENERAL —As soon as practicable after
20 the date of enactment of this Act, the Secretary and
21 Resolution Copper shall select an appraiser to con-
22 duct appraisals of the Federal land and non-Federal
23 land in compliance with the requirements of section
24 254.9 of title 36, Code of Federal Regulations
25 (2) REQUIREMENTS-
•HR 687 III
7
1 (A) IN GENERAL. —Except as provided in
2 subparagraph (B), an appraisal prepared under
3 this subsection shall be conducted in accordance
4 with nationally recognized appraisal standards,
/'N 5 including-
6 (i) the Uniform Appraisal Standards
7 for Federal Land Acquisitions; and
8 (n) the Uniform Standards of Profes-
9 Ronal Appraisal Practice
10 (B) FINAL APPRAISED VALUE —After the
11 final appraised values of the Federal land and
12 non-Federal land are determined and approved
13 by the Secretary, the Secretary shall not be re-
14 quired to reappraise or update the final ap-
15 praised value-
16 (i) for a period of 3 years beginning
17 on the date of the approval by the Sec-
18 retary of the final appraised value, or
19 (ii) at all, in accordance with section
20 254 14 of title 36, Code of Federal Regula-
21 tions (or a successor regulation), after an
22 exchange agreement is entered into by Res-
23 olution Copper and the Secretary.
24 (C) IMPROVEMENTS.Any improvements
25 made by Resolution Copper prior to entering
•HR 687 IH
011
f
8
1 into an exchange agreement shall not be in-
2 eluded in the appraised value of the Federal
3 land.
4 (D) PUBLIC REVIEW.—Before consum-
5 mating the land exchange under this Act, the
6 Secretary shall make the appraisals of the land
7 to be exchanged (or a summary thereof) avail-
8 able for public review
9 (3) APPRAISAL INFORMATION.—The appraisal
10 prepared under this subsection shall include a de-
ll tailed income capitalization approach analysis of the
12 market value of the Federal land which may be uti-
13 hzed, as appropriate, to determine the value of the
14 Federal land, and shall be the basis for calculation
15 of any payment under section 6.
16 (e) EQUAL VALUE LAND EXCHANGE —
17 (1) IN GENERAL —The value of the Federal eiN
18 land and non-Federal land to be exchanged under
19 this Act shall be equal or shall be equalized in ac-
20 cordance with this subsection.
21 (2) SURPLUS OF FEDERAL LAND VALUE —
22 (A) IN GENERAL.—If the final appraised
23 value of the Federal land exceeds the value of
24 the non-Federal land, Resolution Copper
25 shall—
•HR 687 HI
O'S ON
1 (i) convey additional non-Federal land
2 in the State to the Secretary or the Sec-
3 retary of the Interior, consistent with the
4 requirements of this Act and subject to the
PIN 5 approval of the applicable Secretary,
6 (ii) make a cash payment to the
7 United States; or
8 (ni) use a combination of the methods
9 described in clauses (i) and (ii), as agreed
10 to by Resolution Copper, the Secretary,
11 and the Secretary of the Interior
12 (B) AMOUNT OF PAYMENT.—The Sec-
13 retary may accept a payment in excess of 25
14 percent of the total value of the land or inter-
15 ests conveyed, notwithstanding section 206(b)
16 of the Federal Land Policy and Management
17 Act of 1976 (43 U.S.C. 1716(b)).
18 (C) DISPOSITION AND USE OF PRO-
19 CEEDS—Any amounts received by the United
20 States under this subparagraph shall be depos-
21 ited in the fund established under Public Law
22 90-171 (commonly known as the "Sisk Act";
23 16 U S C 484a) and shall be made available, in
24 such amounts as are provided in advance in ap-
25 propriation Acts, to the Secretary for the acqui-
•HR 687 111
10
1 sition of land for addition to the National For-
2 est System
3 (3) SURPLUS OF NON-FEDERAL LAND.—If the
4 final appraised value of the non-Federal land ex-
5 ceeds the value of the Federal land—
6 (A) the United States shall not make a
7 payment to Resolution Copper to equalize the
8 value; and
9 (B) except as provided in section
10 9(b)(2)(B), the surplus value of the non-Fed-
11 eral land shall be considered to be a donation
12 by Resolution Copper to the United States.
13 (f) OAK FLAT WITHDRAWAL AREA—
14 (1) PERMITS.—Subject to the provisions of this
15 subsection and notwithstanding any withdrawal of
16 the Oak Flat Withdrawal Area from the mining,
17 mineral leasing, or public land laws, the Secretary,
18 upon enactment of this Act, shall issue to Resolution
19 Copper-
20 (A) if so requested by Resolution Copper,
21 within 30 days of such request, a special use
22 permit to carry out mineral exploration activi-
23 ties under the Oak Flat Withdrawal Area from
24 existing drill pads located outside the Area, if
•HR 687 III
11
1 the activities would not disturb the surface of
2 the Area; and
3 (B) if so requested by Resolution Copper,
4 within 90 days of such request, a special use
5 permit to carry out mineral exploration activi-
6 ties within the Oak Flat Withdrawal Area (but
7 not within the Oak Flat Campground), if the
8 activities are conducted from a single explor-
9 atory drill pad which is located to reasonably
10 minimize visual and noise impacts on the
11 Campground
12 (2) CONDITIONS —Any activities undertaken in
13 accordance with this subsection shall be subject to
14 such reasonable terms and conditions as the Sec-
15 retary may require
16 (3) TERMINATION—The authorization for Res-
- 17 olution Copper to undertake mineral exploration ac-
18 tivities under this subsection shall remain in effect
19 until the Oak Flat Withdrawal Area land is con-
20 veyed to Resolution Copper in accordance with this
21 Act.
22 (g) COSTS.As a condition of the land exchange
23 under this Act, Resolution Copper shall agree to pay, with-
! 24 out compensation, all costs that are—
•HR 687 IH
ION
12
1 (1) associated with the land exchange and any
2 environmental review document under subsection (j),
3 and
4 (2) agreed to by the Secretary
5 (h) USE OF FEDERAL LAND.—The Federal land to
6 be conveyed to Resolution Copper under this Act shall be
7 available to Resolution Copper for mining and related ac-
8 tivities subject to and in accordance with applicable Fed-
9 eral, State, and local laws pertaining to mining and related
10 activities on land in private ownership.
11 (i) INTENT OF CONGRESS—It is the intent of Con-
12 gress that the land exchange directed by this Act shall
13 be consummated not later than one year after the date
14 of enactment of this Act.
15 (j) ENVIRONMENTAL COMPLIANCE.—Comphance
16 with the requirements of the National Environmental Pol-
17 icy Act of 1969 (42 U S C 4321 et seq ) under this Act
18 shall be as follows:
19 (1) Prior to commencing production m commer-
20 cial quantities of any valuable mineral from the Fed-
21 eral land conveyed to Resolution Copper under this
22 Act (except for any production from exploration and
23 mine development shafts, adits, and tunnels needed
24 to determine feasibility and pilot plant testing of
25 commercial production or to access the ore body and
•HR 687 IH
13
1 tailing deposition areas), Resolution Copper shall
2 submit to the Secretary a proposed mine plan of op-
3 erations.
4 (2) The Secretary shall, within 3 years of such
5 submission, complete preparation of an environ-
6 mental review document in accordance with section
7 102(2) of the National Environmental Policy Act of
8 1969 (42 U.S.C. 4322(2)) which shall be used as
9 the basis for all decisions under applicable Federal
10 laws, rules and regulations regarding any Federal
11 actions or authorizations related to the proposed
12 mine and mine plan of operations of Resolution Cop-
13 per, including the construction of associated power,
14 water, transportation, processing, tailings, waste
15 dump, and other ancillary facilities.
16 SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL
17 LAND.
18 (a) CONVEYANCE —On receipt of title to the Federal
19 land, Resolution Copper shall simultaneously convey-
20 (1) to the Secretary, all right, title, and interest
21 that the Secretary determines to be acceptable in
22 and to-
23 (A) the approximately 147 acres of land lo-
24 cated in Gila County, Arizona, depicted on the
25 map entitled "Southeast Arizona Land Ex-
•HR 687 DI
14
1 change and Conservation Act of 2011—Non-
2 Federal Parcel—Turkey Creek" and dated
3 March 2011;
4 (B) the approximately 148 acres of land
5 located in Yavapai County, Arizona, depicted on
6 the map entitled "Southeast Arizona Land Ex-
7 change and Conservation Act of 2011—Non-
8 Federal Parcel—Tangle Creek" and dated
9 March 2011;
10 (C) the approximately 149 acres of land lo-
ll cated in Maricopa County, Arizona, depicted on
12 the map entitled "Southeast Arizona Land Ex-
13 change and Conservation Act of 2011—Non-
14 Federal Parcel—Cave Creek" and dated March
15 2011,
16 (D) the approximately 640 acres of land
17 located in Coconino County, Arizona, depicted n
18 on the map entitled "Southeast Arizona Land
19 Exchange and Conservation Act of 2011—Non-
20 Federal Parcel—East Clear Creek" and dated
21 March 2011, and
22 (E) the approximately 110 acres of land
23 located in Pinal County, Arizona, depicted on
24 the map entitled "Southeast Arizona Land Ex-
25 change and Conservation Act of 2011—Non-
.HR 687 IH
15
1 Federal Parcel—Apache Leap South End" and
2 dated March 2011, and
3 (2) to the Secretary of the Interior, all right,
4 title, and interest that the Secretary of the Interior
5 determines to be acceptable in and to-
6 (A) the approximately 3,050 acres of land
7 located in Pinal County, Arizona, identified as
8 "Lands to DOI" as generally depicted on the
9 map entitled "Southeast Arizona Land Ex-
10 change and Conservation Act of 2011—Non-
11 Federal Parcel—Lower San Pedro River" and
12 dated July 6, 2011;
13 (B) the approximately 160 acres of land
14 located in Gila and Pinal Counties, Arizona,
15 identified as "Lands to DOI" as generally de-
16 picted on the map entitled "Southeast Arizona
17 Land Exchange and Conservation Act of 2011-
18 Non-Federal Parcel—Dripping Springs" and
19 dated July 6, 2011, and
20 (C) the approximately 940 acres of land lo-
21 cated in Santa Cruz County, Arizona, identified
22 as "Lands to DOI" as generally depicted on the
23 map entitled "Southeast Arizona Land Ex-
24 change and Conservation Act of 2011—Non-
•HR 687 IH
es
16
1 Federal Parcel—Appleton Ranch" and dated
2 July 6, 2011.
3 (b) MANAGEMENT OF ACQUIRED LAND —
4 (1) LAND ACQUIRED BY THE SECRETARY—
5 (A) IN GENERAL.—Land acquired by the
6 Secretary under this Act shall-
7 (i) become part of the national forest
8 in which the land is located, and
9 (n) be admimstered in accordance
10 with the laws applicable to the National
11 Forest System
12 (B) BOUNDARY REVISION—On the acqui-
13 sition of land by the Secretary under this Act,
14 the boundaries of the national forest shall be
15 modified to reflect the inclusion of the acquired
16 land
17 (C) LAND AND WATER CONSERVATION
18 FUND.—For purposes of section 7 of the Land
19 and Water Conservation Fund Act of 1965 (16
20 U S C. 4601-9), the boundaries of a national
21 forest in which land acquired by the Secretary
22 is located shall be deemed to be the boundaries
23 of that forest as in existence on January 1,
24 1965.
•HR. 687 IH
17
1 (2) LAND ACQUIRED BY THE SECRETARY OF
2 THE INTERIOR—
3 (A) SAN PEDRO NATIONAL CONSERVATION
4 AREA.—
/, 5 (1) IN GENERAL.—The land acquired
6 by the Secretary of the Interior under sub-
7 section (a)(2)(A) shall be added to, and
8 administered as part of, the San Pedro
9 National Conservation Area in accordance
10 with the laws (including regulations) appli-
11 cable to the Conservation Area
12 (u) MANAGEMENT PLAN —Not later
13 than 2 years after the date on which the
14 land is acquired, the Secretary of the Inte-
15 rior shall update the management plan for
16 the San Pedro National Conservation Area
17 to reflect the management requirements of
18 the acquired land.
19 (B) DRIPPING SPRINGS.—Land acquired
20 by the Secretary of the Interior under sub-
21 section (a)(2)(B) shall be managed in accord-
22 ance with the Federal Land Policy and Man-
23 agement Act of 1976 (43 U.S.0 1701 et seq.)
24 and applicable land use plans.
•HR 687 IH
es /RN
18
1 (C) LAS CIENEGAS NATIONAL CONSERVA-
2 TION AREA.—Land acquired by the Secretary of
3 the Interior under subsection (a)(2)(C) shall be
4 added to, and administered as part of, the Las
5 Cienegas National Conservation Area in accord-
6 ance with the laws (including regulations) appli-
7 cable to the Conservation Area.
8 (c) SURRENDER OF RIGHTS —In addition to the con-
9 veyance of the non-Federal land to the United States
10 under this Act, and as a condition of the land exchange,
11 Resolution Copper shall surrender to the United States,
12 without compensation, the rights held by Resolution Cop-
13 per under the mining laws and other laws of the United
14 States to commercially extract minerals under Apache
15 Leap.
16 SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.
17 (a) ANNUAL PRODUCTION REPORTING—
18 (1) REPORT REQUIRED—As a condition of the
19 land exchange under this Act, Resolution Copper
20 shall submit to the Secretary of the Interior an an-
21 nual report indicating the quantity of locatable min-
22 erals produced during the preceding calendar year in
23 commercial quantities from the Federal land con-
24 veyed to Resolution Copper under section 4 The
25 first report is required to be submitted not later
•HR 687 IH
19
1 than February 15 of the first calendar year begin-
2 ning after the date of commencement of production
3 of valuable locatable minerals in commercial quan-
4 titles from such Federal land. The reports shall be
5 submitted February 15 of each calendar year there-
6 after
7 (2) SHARING REPORTS WITH STATE —The Sec-
8 retary shall make each report received under para-
9 graph (1) available to the State.
10 (3) REPORT CONTENTS.—The reports under
11 paragraph (1) shall comply with any recordkeeping
12 and reporting requirements prescribed by the Sec-
13 retary or required by applicable Federal laws in ef-
14 feet at the time of production.
15 (b) PAYMENT ON PRODUCTION.—If the cumulative
16 production of valuable locatable minerals produced in com-
17 menial quantities from the Federal land conveyed to Res-
18 olution Copper under section 4 exceeds the quantity of
19 production of locatable minerals from the Federal land
20 used in the income capitalization approach analysis pre-
21 pared under section 4(d)(3), Resolution Copper shall pay
22 to the Umted States, by not later than March 15 of each
23 applicable calendar year, a value adjustment payment for
24 the quantity of excess production at the same rate as-
•HR 687 IH
20
1 sumed for the income capitahzation approach analysis pre-
2 pared under section 4(d)(3)
3 (c) STATE LAW UNAFFECTED —Nothing m this sec-
4 tion modifies, expands, diminishes, amends, or otherwise
5 affects any State law relating to the imposition, applica-
6 tion, timing, or collection of a State excise or severance
7 tax.
8 (d) USE OF FUNDS.-
9 (1) SEPARATE FUND.All funds paid to the
10 Umted States under this section shall be deposited
11 in a special fund established in the Treasury and
12 shall be available, in such amounts as are provided
13 in advance in appropriation Acts, to the Secretary
14 and the Secretary of the Interior only for the pur-
15 poses authorized by paragraph (2).
16 (2) AUTHORIZED USE —Amounts in the special
17 fund established pursuant to paragraph (1) shall be PIN
18 used for maintenance, repair, and rehabilitation
19 projects for Forest Service and Bureau of Land
20 Management assets.
21 SEC. 7. WITHDRAWAL.
22 Subject to valid existing rights, Apache Leap and any
23 land acquired by the Umted States under this Act are
24 withdrawn from all forms of—
*BR 687 III
21
1 (1) entry, appropriation, or disposal under the
2 public land laws,
3 (2) location, entry, and patent under the mining
4 laws, and
5 (3) disposition under the mineral leasing, min-
6 eral materials, and geothermal leasing laws.
7 SEC. 8. APACHE LEAP.
8 (a) MANAGEMENT.-
9 (1) IN GENERAL.—The Secretary shall manage
10 Apache Leap to preserve the natural character of
11 Apache Leap and to protect archeological and cul-
12 tural resources located on Apache Leap.
13 (2) SPECIAL USE PERMITS.—The Secretary
14 may issue to Resolution Copper special use permits
15 allowing Resolution Copper to carry out under-
16 ground activities (other than the commercial extrac-
PIN 17 tion of minerals) under the surface of Apache Leap
18 that the Secretary determines would not disturb the
19 surface of the land, subject to any terms and condi-
20 tons that the Secretary may require
21 (3) FENCES, SIGNAGE —The Secretary may
22 allow use of the surface of Apache Leap for installa-
23 tion of fences, signs, monitoring devices, or other
24 measures necessary to protect the health and safety
25 of the public, protect resources located on Apache
•HR 687 III
0.1
22
1 Leap, or to ensure that activities conducted under
2 paragraph (2) do not affect the surface of Apache
3 Leap.
4 (b) PLAN.-
5 (1) IN GENERAL —Not later than 3 years after
6 the date of enactment of this Act, the Secretary, in
7 consultation with affected Indian tribes, the Town,
8 Resolution Copper, and other interested members of
9 the public, shall prepare a management plan for
10 Apache Leap.
11 (2) CONSIDERATIONS.—In preparing the plan
12 under paragraph (1), the Secretary shall consider
13 whether additional measures are necessary to-
14 (A) protect the cultural, archaeological, or
15 historical resources of Apache Leap, including
16 permanent or seasonal closures of all or a por-
17 tion of Apache Leap; and
18 (B) provide access for recreation
19 (c) MINING ACTIVITIES—The provisions of this sec-
20 tion shall not impose additional restrictions on mining ac-
21 tivities carried out by Resolution Copper adjacent to, or
22 outside of, the Apache Leap area beyond those otherwise
23 applicable to mining activities on privately owned land
24 under Federal, State, and local laws, rules and regula-
25 tons.
•HR 687 IH
23
1 SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA.
2 (a) CONVEYANCES—On request from the Town and
3 subject to the provisions of this section, the Secretary shall
4 convey to the Town the following:
044 5 (1) Approximately 30 acres of land as depicted
6 on the map entitled "Southeast Arizona Land Ex-
7 change and Conservation Act of 2011—Federal Par-
8 eel—Fairview Cemetery" and dated March 2011
9 (2) The reversionary interest and any reserved
10 mineral interest of the Umted States in the approxi-
11 mately 265 acres of land located in Pmal County,
12 Arizona, as depicted on the map entitled "Southeast
13 Arizona Land Exchange and Conservation Act of
14 2011—Federal Reversionary Interest—Superior Air-
15 port" and dated March 2011.
16 (3) The approximately 250 acres of land located
17 in Pinal County, Arizona, as depicted on the map
18 entitled "Southeast Arizona Land Exchange and
19 Conservation Act of 2011—Federal Parcel—Superior
20 Airport Contiguous Parcels" and dated March 2011.
21 (b) PAYMENT—The Town shall pay to the Secretary
22 the market value for each parcel of land or interest in land
23 acquired under this section, as determined by appraisals
24 conducted in accordance with section 4(d)
25 (c) SISK ACT.—Any payment received by the Sec-
26 retary from the Town under this section shall be deposited
•HR 687 IH
24
1 in the fund established under Public Law 90-171 (corn-
2 monly known as the "Sisk Act") (16 U S C. 484a) and
3 shall be made available, m such amounts as are provided
4 in advance in appropriation Acts, to the Secretary for the
5 acquisition of land for addition to the National Forest Sys eiN
-
6 tern.
7 (d) TERMS AND CONDITIONS —The conveyances
8 under this section shall be subject to such terms and con-
9 ditions as the Secretary may require.
10 SEC. 10. MISCELLANEOUS PROVISIONS.
11 (a) REVOCATION OF ORDERS, WITHDRAWAL.-
12 (1) REVOCATION OF ORDERS—Any public land
13 order that withdraws the Federal land from appro-
14 priation or disposal under a public land law shall be
15 revoked to the extent necessary to permit disposal of
16 the land
17 (2) WITHDRAWAL —On the date of enactment / It
18 of this Act, if the Federal land or any Federal inter-
19 est in the non-Federal land to be exchanged under
20 section 4 is not withdrawn or segregated from entry
21 and appropriation under a public land law (including
22 mining and mineral leasing laws and the Geothermal
23 Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the
24 land or interest shall be withdrawn, without further
25 action required by the Secretary concerned, from
•BR. 687 IH
25
1 entry and appropriation. The withdrawal shall be
2 terminated-
3 (A) on the date of consummation of the
4 land exchange, or
5 (B) if Resolution Copper notifies the Sec-
6 retary in writing that it has elected to withdraw
7 from the land exchange pursuant to section
8 206(d) of the Federal Land Policy and Manage-
ment Act of 1976, as amended (43 U.S.0
10 1716(d)).
11 (3) RIGHTS OF RESOLUTION COPPER.—Nothing
12 in this Act shall interfere with, limit, or otherwise
13 impair, the unpatented mining claims or rights cur-
14 rently held by Resolution Copper on the Federal
15 land, nor in any way change, diminish, qualify, or
16 otherwise impact Resolution Copper's rights and
17 ability to conduct activities on the Federal land
18 under such unpatented mining claims and the gen-
19 eral mining laws of the United States, including the
20 permitting or authorization of such activities
21 (b) MAPS, ESTIMATES, AND DESCRIPTIONS.-
22 (1) MINOR ERRORS.—The Secretary concerned
23 and Resolution Copper may correct, by mutual
24 agreement, any minor errors in any map, acreage es-
•HR 687 IH
26
1 timate, or description of any land conveyed or ex-
w.
2 changed under this Act.
3 (2) CONFLICT.-If there is a conflict between a
4 map, an acreage estimate, or a description of land
5 in this Act, the map shall control unless the Sec- �1
6 retary concerned and Resolution Copper mutually
7 agree otherwise
8 (3) AVAILABILITY.—On the date of enactment
9 of this Act, the Secretary shall file and make avail-
10 able for public inspection in the Office of the Super-
11 visor, Tonto National Forest, each map referred to
12 in this Act.
0
euS
•HR 687 IH
Resolution
Copper Mining �. ..-..--�—°--W-. �..._., _ �-----
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• Partnership . ti
0 Top 5 undeveloped copper deposits
1 .737B tonnes @1 .52% Cu and 0. /0 Mo
, , 4, ii,
7000' deep, 175°F at depth
Deepest shaft in the US ' A
10 yrs construction, 40 yr mine life
1 t
•
Economic engine >$6B
High public support
Resolution
Copper Mining
Resolution Copper has tremendous potential
Copper Production per Year (tons) )
600
W 500 -
en
0400 -
~ 300 - _ Asarco
Ray
200 -
100 -
0 ,
Resolution Freeport Freeport BHP Pinto Freeport
(est.) Morenci Safford Valley Miami
Sources: Freeport Annual Report, BHP 1 5x 5x 8x 15x
Website, Grupo Mexico Annual Report
Resolution State Severance & Income Tax = $2.6B
Copper Mining Resolution Pinal County = $2.4B
Federal Tax = $14.1 B
Copper
1400 Jobs ,,------------ •
•
.
„ 0 Jobs
s.„..\\230
, Notultie-,
- , (Indirect)
#
4101(lt
Ala
Taw.;
1:Z
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a Nei(0, NJ' imp,
g '
mow
Consomme. Canal A r
116 it 0 Pinal/Gila County
I Gmeams.
2012 = $7.3M
„0-
,., 4.0...........00°AZ 2012 = $59M
Est. Annual payroll ''i' Local Economy Construction >$6B
$220M Over Life - $61 B
YTD Spend = $1 B
® Resolution
Copper Mining--
High quality jobs to the region
Annual Incomes in Pinal and Gila Counties, 2011
20,000
17,500 ■ Pinal (n=53,880)
NI Gila (n=13,660)
15,000
12,50010,000 _ .._.....
Resolution
Copper Mining-- -
0 7,500 _ ._ 41C-
5,000
Resolution Copper
direct jobs will
2,500 - _._.. contribute to the top
end of incomes
0
$20-30 $30-40 $40-50 $50-60 ' 60-70 $70-80 $90-10
Income Range (`000's'
Source Arizona Office of Employment and Population Statistics,2011 Occupational Employment and Wage Estimates(OES)
Why Use Block Caving?
Narrow Vein Porphyry
A _ "Magma Mine" "Resolution Copper"
Ore Deposit
3000 ft 10 ft +/- io,
1640 ft
4900 ft
-25 MT @ 4 9% Cu 1 ,730 MT @ 1 52% Cu
Resolution
Copper Mining
Water banking
Resolution Copper pre-purchases water now for use at a future time
Arizona Entit!crnent=2 8 N1,AF
3000
I w
Unused
ColoradoQ River 2500 c " +
Direct Demand ° `'
2000
2001 2006 2011 2016 2021 2026
Years
Step 1 : Purchase unused water Step 2: Farmers use purchased
from Colorado River when Colorado River water in the CAP
available instead of pumping groundwater
Irrigated Field
CAP Canal
Step 3: Groundwater remains in the
ground and is "banked" for future use
Oremlwater Aquif.'
Resolution
Copper Mining_i�"
Land Exchange
)
s � .>
.'
'.
Land Exchange boundary (2,406 acres) Withdrawn lands (760 acres)
Surface outline of underground ore body 4Oak Flat Campground (76 acres)
Appleton Whittell Research Ranch
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Resolution __...
Copper Mining.
NEPA is a multi-year public process to achieve
a positive Record of Decision
Exploration Engineering Final Mine Infrastructure Commercial
es Design Production
Poo
NEPA Process
I
As t
: Direct Consultation with Native American Groups
Potential
Cooperating Draft EIS Final EIS ROD
Agencies
Must have a
offfif, - ROD to advance
Multiple Opportunities for Public to commercial
; ,$, ; rrilo � p pp mining
and Cooperating Agency
Comments
vw
Resolution
Copper Mining-
Needs going forward
Business certainty to attract further investment
Land exchange
Tailings site ' ,. #k € �k- % .
0 Pre-feasibility report and : �� $ N ;47,47,-04,41 , ' 4 _
Mine Plan of Operations
Trained and educated "
,� ��•..' :}vim+t
workforce
.,•V e 4
i € ! r
""wr
c Continued su ort from
pp
local, ,.-. . .h...)4 A'mt"
state and federal
t�
elected officials �; � . . . t; .� ,., , �v �,
City of Apache Junction, Arizona 300E Superstition
Boulevard
,$ • Apache Junction,AZ
85119
Master
File Number: 13-134
File ID. 13-134 Type Discussion/Presentation Status. Agenda Items
Version. 1 Reference. In Control. City Council Work
Session
Cost $21,186 00 File Created 06/19/2013
File Name: GPEC Contract Renewal-Second Work Session Final Action.
Title. Presentation and discussion with a representative from the Greater Phoenix
Economic Council (GPEC) regarding the proposed renewal of contract for
economic development services in an amount of$21,186 00 and reappointment
of Councilmember Serdy as the City of Apache Junction representative to the
GPEC Board of Directors Presentation and discussion.
Notes.
Agenda Date. 07/01/2013
Indexes Economic Development
Sponsors. Powell Enactment Date.
Attachments. Apache Junction FY14 611 13, FY14 Exhibits Enactment Number
A_B_C_D_E City,Apache Junction Community
Benefits Report 2013-FOR EMAIL
Contact. Hearing Date
Drafter. jsolley@alcity net Effective Date.
History of Legislative File
""."' Ver- Acting Body' Date Action* Sent To Due Date Return Result
sion Date
1 City Council Work 07/01/2013
Session
Text of Legislative File 13-134
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM 3
J* City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction,AZ
Dy -
° 85119
Master
File Number: 13-110
File ID• 13-110 Type. Discussion/Presentation Status. Agenda Items
Version. 1 Reference. In Control: City Council Work
Session
Cost. $10,000 00 File Created. 06/10/2013
File Name• Fussion Center IGA Final Action.
Title: Presentation and discussion on Resolution No 13-29, formalizing Amendment#1
to the East Valley Gang and Criminal Information Fusion Center
Intergovernmental Agreement which allows for participation in by the City of
Apache Junction Presentation and Discussion
Notes.
Agenda Date 07/01/2013
Indexes. Public Safety
Sponsors Kelly Enactment Date:
Attachments Resolution No 13-29 IGA for Fusion Center pdf, Enactment Number
Amendment# 1 to the East Valley Gang and
Criminal Information Fusion Center IGA, East Valley
Gang and Criminal Information Fusion Center IGA
Contact Hearing Date.
Drafter. bduft@alcity net Effective Date.
History of Legislative File
Ver Acting Body Date Action: Sent To Due Date Return Result:
sion
Date
1 City Council Work 07/01/2013
Session
Text of Legislative File 13-110
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
RESOLUTION NO. 13-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY GANG
AND CRIMINAL INFORMATION FUSION CENTER.
WHERAS, the East Valley Gang and Criminal Information law
enforcement information sharing program (the "Fusion Center")
was created to enhance law enforcement services related to the
collection, evaluation, analysis - and dissemination of
intelligence regarding criminal street gangs and related
criminal incidents through the cooperative efforts of
participating entities; and
WHEREAS, in 2009, through an Intergovernmental Agreement
("IGA") , the Fusion Center was created with the following local
police agencies : Mesa, Tempe, Gilbert, Chandler and Scottsdale
(the "participating agencies") ; and
WHEREAS, since 2009, as per the IGA, each participating
agency dedicated a law enforcement officer or a non-sworn
employee to the Fusion Center team on a full-time basis for a
minimum period of one year; and
WHEREAS, in 2009, the City of Apache Junction Police
Department was invited to join the Fusion Center and did so by
providing staff resources but did not join in the IGA; and
WHEREAS, it is the intention of the City of Apache Junction
Police Department to now finalize its legal relationship with ,..
the Fusion Center by entering into an Intergovernmental
Agreement with the participating agencies; and
WHEREAS, pursuant to A. R. S . § 11-952 (A) , public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities for joint or
cooperative activities; and
WHEREAS, a proposed amendment to the 2009 IGA set forth in
Attachment A has been developed to allow the City of Apache
Junction to formally join the Fusion Center.
RESOLUTION NO. 13-29
PAGE 1 OF 2
WHEREAS, to fully implement the City of Apache Junction' s
authority in the Fusion center, the Coplink Information Sharing
System Memorandum of Understanding set forth in Attachment B
needs to be executed by the police chief.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The Council hereby approves, and the Mayor is authorized to
~ execute Amendment #1 to the East Valley Gang and Criminal
Information Center Intergovernmental Agreement ("Attachment
A") , and the Police Chief is authorized to execute the
Memorandum of Understanding regarding access to Mesa Police
Department' s Law Enforcement Coplink Information Sharing
System ("Attachment B") .
2) The Chief of Police is also authorized to participate in
and designate staff to fulfill all the duties of the Fusion
Center.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013.
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-29
PAGE 2 OF 2
ATTACHMENT A
AMENDMENT#1 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION
FUSION CENTER INTERGOVERNMENTAL AGREEMENT
RECITALS
WHEREAS, the Members Agencies ("Parties") of the East Valley Gang and
Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion
Center Intergovernmental Agreement ("Agreement"), and
WHEREAS, the Parties are authorized and empowered to enter into this
Amendment pursuant to A R S §§11-951 et seq , A R S §13-3872 and the respective
provisions of their City Charters, Tribal Constitutions or other governing authority,
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement and other good and valuable consideration, the Parties agree
as follows
TERMS
1. This Amendment shall be effective upon approval of the governing body or authority of
the Parties in conformance with A.R.S. §§11-951 et seq. and provision of an original
copy of each of the authorizing documents to the Mesa Police Department ("MPD").
2 The above recitals are incorporated by this reference.
3. All the original terms and clauses of the Agreement remain in effect except as modified
herein
4 The following sections or provisions replace and supersede the following sections or
provisions of the Agreement as follows
4.1 The introductory paragraph that begins with the words "This Agreement is
entered" and ends with the words "not filed with the Secretary of State" and Section
II , Authority, are replaced in their entirety by the following:
II. Parties, Manner of Execution and Authority
(A) This Agreement is entered into among the City of Mesa, on behalf of the
Mesa Police Department ("MPD"), other Parties to the Agreement which are those
public agencies who became Parties to the Agreement prior to Amendment #1 and
any additional public agencies as that term is defined in Arizona Revised Statutes §
11-951, that, after invitation by the MPD, comply with the provisions of A.R.S. §11-
952, and provide an original copy to MPD approved by the agency's governing body
or authority for those public agencies. Any additional public agencies shall become a
Party to this Agreement as of the date, MPD receives the authorizing document.
(B) This Agreement or any Amendments may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Neither a signature for every party nor
a signature line shall be required in each counterpart except that on a counterpart
being brought forward by an agency to its legislative body or equivalent for approval,
that particular counterpart shall have to be signed and executed in accordance with
that jurisdiction's practice only by the particular agency seeking approval
(C) The Parties are authorized and empowered to enter into this Agreement
pursuant to A.R.S. §§11-951 et seq., A R S §13-3872 and the respective provisions
of their City Charters, Tribal Constitutions or other governing authority.
(D) This Agreement supercedes any previous Agreement concerning the Fusion
Center whether filed or not filed with the Secretary of State.
4.2 Section III., Participation, is replaced in its entirety with the following:
Ill. Participation
(A) The Parties agree to assign a law enforcement officer or non-sworn employee
to the East Valley Gang and Criminal Information Fusion Center ("Fusion Center") on
a full-time basis for such assignments within the purposes of this Agreement. The
officer(s) or non-sworn personnel shall remain on assignment to the Fusion Center
for a minimum period of one (1) year unless otherwise agreed to by the Parties
(B) During the period of assignment to the Fusion Center, assigned officer(s) and
non-sworn personnel shall maintain all benefits, rights and privileges available to
said officer(s) or non-sworn personnel as if they were assigned on a fulltime basis to
their parent agency The assigned officer(s) or non-sworn personnel will abide by all
policies and applicable rules and regulations concerning the Fusion Center All
Parties agree that all assigned personnel shall comply with Title 28 of the Code of
Federal Regulations, Part 23.
(C) Certain Parties to this Agreement may join as associate members upon
approval of the Fusion Center Executive Team. An associate member shall
participate by providing resources as it deems necessary and appropriate but does
not assign an employee on a full-time basis to the Fusion Center.
4.3 Section VII , Management of the East Valley Gang Information & Criminal
Information Fusion Center, is replaced in its entirety with the following
VII. Management of the East Valley Gang Information
And Criminal Information Fusion Center
(A) The management of the day-to-day operation of the Fusion Center shall be
the responsibility of MPD
(B) The promulgation of policy and oversight of the operation of the Fusion
Center shall be the responsibility of the Fusion Center Executive Team, the
members of which shall be the chief law enforcement officer for each original
participating agency, or designee
(C) Additional agencies may be invited to join the Fusion Center The Executive
Team may invite the chief law enforcement officer of a new participating agency to
be a member of the Executive Team Chiefs of associate members to this
Agreement shall not be eligible to be members of the Executive Team.
(D) The Executive Team may determine that in order to enhance the mission and
effectiveness of the Fusion Center that there be connectivity and sharing of
information with other similar regional, state and/or federal Fusion Centers or other
law enforcement systems
(E) Once a determination has been made pursuant to Subsection D above, the
Parties authorize the MPD Chief or designee to negotiate and enter into any
necessary agreements and/or documents to connect to and share information with
other similar state and/or federal Fusion Centers or other law enforcement systems
with the following conditions:
1. That any such agreements contain the necessary safeguards to insure
the integrity and security of information maintained at the East Valley
Gang Information and Criminal Information Fusion Center
2 That no such agreement require the Parties to indemnify another
Fusion Center except that an agreement negotiated by the MPD Chief
or designee may include substantially similar indemnification language
found under Section IX of this Agreement.
3. That no such agreement shall require the Parties of this Agreement to
dedicate any funds in support of that agreement without the prior
written approval of the impacted Party
4 That no term of any such agreement be in conflict with any provision of
this Agreement
5 That the agreements be solely for the purpose of connecting to and
sharing information with other Fusion Centers or law enforcement
systems.
4.4 Section XIV , Other Provisions, is hereby modified by deleting the last
paragraph of the section which starts with the words "This Agreement shall be" and
ends with the words "Chief of Police of the Mesa Police Department."
5 The following sections are added to the Agreement:
XVI. Compliance with the EVERIFY Program
(A) To the extent provisions of A R S. §41-4401 are applicable, all Parties
warrant to each Party that they will comply with all Federal Immigration laws and
regulations that relate to their employees and that each now complies with the E-
Verify Program under A.R.S. §23-214(A).
(B) A breach of this warranty will be considered a material breach of this
Agreement and may subject the breaching party to penalties up to and including
termination of this Agreement
(C) All of the Parties retain the legal right to inspect the papers of any employee
who works pursuant to this Agreement or any related subcontract to ensure
compliance with the warranty given above.
(D) Any Party may conduct a random verification of the employment records of
any other Party to ensure compliance with this warranty
(E) A Party will not be considered in material breach of this Agreement if it
establishes that it has complied with the employment verification provisions
prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality
Act and the E-Verify requirements prescribed by A.R.S. §23-214(A).
(F) The provisions of this Article must be included in any contract either Party
enters into with any and all of its contractors or subcontractors who provide services
under this Agreement
XVII. Prohibition of Doing Business with Sudan and Iran
27 Pursuant to A R S §§ 35-391 06 and 35-393 06, each Party certifies that it
does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391
and 35-393, in either Sudan or Iran.
6. This Amendment may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument
Neither a signature for every party nor a signature line shall be required in each counterpart
except that on a counterpart being brought forward by an agency to its legislative body or
equivalent for approval, that particular counterpart shall have to be signed and executed in
accordance with that jurisdiction's practice only by the particular agency seeking approval
IN WITNESS WHEREOF, the Party named below has executed this Agreement on
CITY OF APACHE JUNCTION, ARIZONA, an Arizona
municipal corporation
By John S. Insalaco
Its: Mayor
ATTEST
By:
Kathy Connelly, City Clerk
APPROVED AS TO FORM.
City Attorney
Reviewed By
Chief of Police
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R S § 11-952, this Agreement has been reviewed by the
undersigned who determined that this Agreement is in appropriate form and is within the
powers and authority of the respective parties.
City of Apache Junction
By:
City Attorney
Date:
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE
EAST VALLEY GANG & CRIMINAL INFORMATION FUSION CENTER
ATTACHMENT B
MEMORANDUM OF UNDERSTANDING BETWEEN THE MESA POLICE
DEPARTMENT AND THE APACHE JUNCTION POLICE DEPARTMENT REGARDING
ACCESS TO THE MESA POLICE DEPARTMENTS LAW ENFORCEMENT COPLINK
INFORMATION SHARING SYSTEM
The East Valley Gang & Criminal Information Fusion Center, located at the Mesa Police
Department (MPD) was created through and an Intergovernmental Agreement, No. 30735
Filed with the Secretary of State April 8, 2009. The purpose of this Agreement is to
enhance Maricopa County East Valley law enforcement services concerning the collection,
evaluation, analysis, dissemination of intelligence and intelligence products regarding
criminal street gangs and criminal related incidents through the cooperative efforts of
Member Agencies("Parties") to the agreement
In addition, the Members Agencies ("Parties") of the East Valley Gang and Criminal
Information Fusion Center amended the East Valley Gang and Criminal Information
Fusion Center Intergovernmental Agreement (Amendment #1, Contract Number
2009-021-COS-A1) to allow additional agencies to join as associate members
("Associate Parties") upon approval of the Fusion Center Executive Team
In accordance and in compliance with the above referenced agreement, the Parties
and Associate Parties enter into this Memorandum of Understanding to outline their
responsibilities with respect to the use of the COPLINK information sharing system as
follows.
1 On July 1 of each year this agreement is in effect, the Parties and Associate Parties
will receive an invoice and pay MPD for the use of COPLINK. The Fee will be based
on the required hardware, software, and resources necessary to support the COPLINK
system
2 MPD will calculate the fee June 1 of each year The fee will be based on the
percentage of sworn officers at each Party Agency against the total number of sworn
officers across all Parties (Members and Associates)
3. MPD will calculate the cost based on a breakeven formula for hardware, software,
and resource services
4. All participating agencies will report their total number of sworn officers in May.
5 The Agency shall mail the fee and a copy of the invoice to the Police Budget
Coordinator at the Mesa Police Department. P.O. Box 1466,
130 N. Robson, Mesa, Arizona 85201
6 This agreement is effective when signed and is self-renewing upon the payment of
the required fee on or about July 1st of each year except that it is subject to any of
the cancellation provisions provided for in the underlying intergovernmental
agreement
7 Both Parties and their employees are subject to the terms and conditions of
the underlying intergovernmental agreement.
IN WITNESS WHEREOF, the Party named below has executed this Agreement on
Chief of Police
AMENDMENT#1 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION
FUSION CENTER INTERGOVERNMENTAL AGREEMENT
RECITALS
Whereas, the Members Agencies ("Parties") of the East Valley Gang and Criminal
Information Fusion Center("Fusion Center")wish to amend the Fusion Center
Intergovernmental Agreement ("Agreement"); and
Whereas, the Parties are authorized and empowered to enter into this Amendment
pursuant to A.R.S. §§11-951 et seq, A.R.S. §13-3872 and the respective provisions of
their City Charters, Tribal Constitutions or other governing authority;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement and other good and valuable consideration, the Parties agree as
follows:
TERMS
1. This Amendment shall be effective upon approval of the governing body or authority
of the Parties in conformance with A R S §§11-951 et seq. and provision of an original
copy of each of the authorizing documents to the Mesa Police Department ("MPD").
2. The above recitals are incorporated by this reference.
3. All the original terms and clauses of the Agreement remain in effect except as
modified herein.
4. The following sections or provisions replace and supersede the following sections or
provisions of the Agreement as follows.
4.1 The introductory paragraph that begins with the words "This Agreement is
entered" and ends with the words "not filed with the Secretary of State" and
Section II., Authority, are replaced in their entirety by the following:
II. Parties, Manner of Execution and Authority
(A) This Agreement is entered into among the City of Mesa, on behalf of the
Mesa Police Department("MPD"), other Parties to the Agreement which are
those public agencies who became Parties to the Agreement prior to
Amendment#1 and any additional public agencies as that term is defined in
Arizona Revised Statutes § 11-951, that, after invitation by the MPD, comply
with the provisions of A.R.S. §11-952, and provide an original copy to MPD
approved by the agency's governing body or authority for those public
agencies . Any additional public agencies shall become a Party to this
Agreement as of the date, MPD receives the authorizing document.
7210295v1 Page 1 of 6 Contract Number 2009-021-COS-Al
(B)This Agreement or any Amendments may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. Neither a signature
for every party nor a signature line shall be required in each counterpart
except that on a counterpart being brought forward by an agency to its
legislative body or equivalent for approval, that particular counterpart shall
have to be signed and executed in accordance with that jurisdiction's practice
only by the particular agency seeking approval.
(C)The Parties are authorized and empowered to enter into this Agreement
pursuant to A.R.S. §§11-951 et seq., A.R.S. §13-3872 and the respective
provisions of their City Charters, Tribal Constitutions or other governing
authority.
(D)This Agreement supercedes any previous Agreement concerning the Fusion
Center whether filed or not filed with the Secretary of State.
4.2 Section Ill., Participation, is replaced in its entirety with the following:
III. Participation
(A)The Parties agree to assign a law enforcement officer or non-sworn employee
to the East Valley Gang and Criminal Information Fusion Center ("Fusion
Center") on a full-time basis for such assignments within the purposes of this
Agreement. The officer(s) or non-sworn personnel shall remain on
assignment to the Fusion Center for a minimum period of one (1) year unless
otherwise agreed to by the Parties.
(B)During the period of assignment to the Fusion Center, assigned officer(s) and
- non-sworn personnel shall maintain all benefits, rights and privileges available
to said officer(s) or non-sworn personnel as if they were assigned on a full-
time basis to their parent agency. The assigned officer(s) or non-sworn
personnel will abide by all policies and applicable rules and regulations
concerning the Fusion Center. All Parties agree that all assigned personnel
shall comply with Title 28 of the Code of Federal Regulations, Part 23.
(C) Certain Parties to this Agreement may join as associate members upon
approval of the Fusion Center Executive Team. An associate member shall
participate by providing resources as it deems necessary and appropriate but
does not assign an employee on a full-time basis to the Fusion Center.
7210295v1 Page 2 of 6 Contract Number 2009-021-COS-Al
4.3 Section VII., Management of the East Valley Gang Information
& Criminal Information Fusion Center, is replaced in its entirety with the
following:
VII. Management of the East Valley Gang Information
And Criminal Information Fusion Center
(A)The management of the day-to-day operation of the Fusion Center shall be
the responsibility of MPD.
(B)The promulgation of policy and oversight of the operation of the Fusion
Center shall be the responsibility of the Fusion Center Executive Team, the
members of which shall be the chief law enforcement officer for each original
participating agency, or designee.
(C)Additional agencies may be invited to join the Fusion Center. The Executive
Team may invite the chief law enforcement officer of a new participating
agency to be a member of the Executive Team Chiefs of associate members
to this Agreement shall not be eligible to be members of the Executive Team.
(D) The Executive Team may determine that in order to enhance the mission and
effectiveness of the Fusion Center that there be connectivity and sharing of
information with other similar regional, state and/or federal Fusion Centers or
other law enforcement systems.
(E)Once a determination has been made pursuant to Subsection D above, the
Parties authorize the MPD Chief or designee to negotiate and enter into any
necessary agreements and/or documents to connect to and share information
with other similar state and/or federal Fusion Centers or other law
enforcement systems with the following conditions:
1. That any such agreements contain the necessary safeguards to
insure the integrity and security of information maintained at the
East Valley Gang Information and Criminal Information Fusion
Center.
2. That no such agreement require the Parties to indemnify
another Fusion Center except that an agreement negotiated by
the MPD Chief or designee may include substantially similar
indemnification language found under Section IX of this
Agreement.
3. That no such agreement shall require the Parties of this
Agreement to dedicate any funds in support of that agreement
without the prior written approval of the impacted Party.
7210295v1 Page 3 of 6 Contract Number 2009-021-COS-Al
4. That no term of any such agreement be in conflict with any
provision of this Agreement.
5. That the agreements be solely for the purpose of connecting to
and sharing information with other Fusion Centers or law
enforcement systems.
4.4 Section XIV., Other Provisions, is hereby modified by deleting the last
paragraph of the section which starts with the words "This Agreement shall be"
and ends with the words "Chief of Police of the Mesa Police Department."
5. The following sections are added to the Agreement'
XVI. Compliance with the E VERIFY Program
A. To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant
to each Party that they will comply with all Federal Immigration laws and
regulations that relate to their employees and that each now complies with the E-
Verify Program under A.R.S. §23-214(A).
B. A breach of this warranty will be considered a material breach of this
Agreement and may subject the breaching party to penalties up to and including
termination of this Agreement.
C. All of the Parties retain the legal right to inspect the papers of any employee
who works pursuant to this Agreement or any related subcontract to ensure
compliance with the warranty given above.
D. Any Party may conduct a random verification of the employment records of
any other Party to ensure compliance with this warranty.
E. A Party will not be considered in material breach of this Agreement if it
establishes that it has complied with the employment verification provisions
prescribed by 8 USCA§1324(a) and (b) of the Federal Immigration and
Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A)
F. The provisions of this Article must be included in any contract either Party
enters into with any and all of its contractors or subcontractors who provide
services under this Agreement.
XVII. Prohibition of Doing Business with Sudan and Iran
27. Pursuant to A.R.S §§ 35-391.06 and 35-393.06, each Party certifies that it
does not have a scrutinized business operation, as defined in A.R S. §§ 35-391
and 35-393, in either Sudan or Iran
7210295v1 Page 4 of 6 Contract Number 2009-021-COS-A1
6. This Amendment may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. Neither a signature for every party nor a signature line shall be required in
each counterpart except that on a counterpart being brought forward by an agency to its
legislative body or equivalent for approval, that particular counterpart shall have to be
signed and executed in accordance with that jurisdiction's practice only by the particular
agency seeking approval.
IN WITNESS WHEREOF, the Party named below has executed this Agreement on
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM.
City Attorney
Reviewed By:
Chief of Police
7210295v1 Page 5 of 6 Contract Number 2009-021-COS-Al
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R.S. §11-952, this Agreement has been reviewed by the
undersigned who determined that this Agreement is in appropriate form and is within the
powers and authority of the respective parties.
City of
By:
City Attorney
Date:
7210295v1 Page 6 of 6 Contract Number 2009-021-COS-Al
Nr. .307
fled with the Sec:Mary of Stag.0106
Date Flied.
nt of State
By: 411' 44.-/A4Ati INTERGOVERNMENTAL AGREEMENT
REGARDING PARTICIPATION IN
THE EAST VALLEY GANG & CRIMINAL INFORMATION
FUSION CENTER
This Agreement is entered into among the City of Mesa, on behalf of the Mesa Police
Department (MPD), and any public agencies, as that term is defined in Arizona Revised Statutes
§ 11-951, that, after invitation by the MPD, comply with the provisions of A R S. §11-952, and
file a document with the Secretary of State that references this Agreement and meets the
requirements of the statute. A public agency shall become a Party to this Agreement as of the
date of that agency's filing with the Secretary of State. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. Neither a signature for every party nor a signature line
shall be required in each counterpart except that on a counterpart being brought forward by an
agency to its legislative body or equivalent for approval, that particular counterpart shall have to
be signed and executed in accordance with that jurisdiction's practice only by the particular
agency seeking approval. This Agreement supersedes any previous Agreement concerning the
Fusion Center whether filed or not filed with the Secretary of State.
I. Purpose
The purpose of this Agreement is to enhance Maricopa County East Valley law enforcement
services concerning the collection, evaluation, analysts, dissemination of intelligence and
intelligence products regarding criminal street gangs and criminal related incidents through the
cooperative efforts of the Parties. This purpose is to be accomplished by the creation of the East
Valley Gang & Criminal Information Fusion Center, which will be located at the Mesa Police
Department.
IL Authority
The Parties are authorized and empowered to enter into this Agreement pursuant to A R S §§11-
951, 952, A.R.S §fl-3872 and the respective provisions of their City Charters, Tribal
Constitutions or other governing authority
III. Participation
The Parties agree to assign a law enforcement officer or non-sworn employee to the East Valley
Gang and Criminal Information Fusion Center (Fusion Center) on a full-time basis for such
assignments within the purposes of this contract The officer(s) or non-sworn personnel shall
remain on assignment to the Fusion Center for a minimum period of one (1) year unless
otherwise agreed to by the Parties
During the period of assignment to the Fusion Center, the assigned officer(s) and additional non-
sworn personnel shall maintain all benefits, rights, and privileges available to said officer(s) or
Fusion Center 1GA
Page 2of5
non-sworn personnel as if they were assigned on a full-time basis to their parent agency The
assigned officer(s) or non-sworn personnel will abide by all Fusion Center policies and
applicable rules and regulations regarding the center. All Panics agree that all assigned
personnel shall comply with Title 28 of the Code of Federal Regulations, Part 23.
ATF will participate by providing resources as ATF deems necessary and appropriate.
IV. Reimbursement •
The Parties will be responsible for all payroll expenses of then respective officer(s) and non-
sworn personnel related to this assignment The expenses include employee salary, shift
differential pay, overtime compensation, benefits which accrue during the term of this
Agreement, employee-related expenses to include employer's workman's compensation, social
security at established rates, vacation and sick leave taken while working at the Fusion Center.
All approved travel expenses and per diem will be the responsibility of the parent agency. All
out of state travel must be pre-approved by the parent agency If the MPD receives grant funds
designated for the Fusion Center,some or all of these expenses may be reimbursed to the Parties.
V. Duties of MPD
MPD agrees to provide officer(s) and non-sworn personnel with workspace and connectivity to
the Fusion Center network and databases at no cost to the Parties MPD will also provide
technical assistance to officer(s) and non-sworn personnel in establishing connectivity to the
Parties respective systems MPD will provide workstation and office furniture for the use of
officer(s) and non-sworn personnel. MPD will provide stand-alone computers to facilitate state,
and local access. MPD will maintain responsibility for maintenance of the facility and is
responsible for the lease on the facility, which includes utility costs
VI. Duties of the Parties
The Parties' sworn officer(s) and non-sworn personnel will occupy space within the Fusion
Center facility. The Parties will provide their officer(s) and non-sworn personnel with network
connectivity from the Fusion Center to their respective parent agency. The Parties will be
responsible for maintenance of those personal computers and the network connectivity. The
Parties will be responsible for providing their respective officer(s) with a duty vehicle, if
necessary, during the period of this Agreement. The Parties agree to permit the other Parties'
officer(s) to work in their jurisdictional boundaries pursuant to their AZPOST certification and
A.R.S. §fi13-3871, 3872, 3874 and 3875, except that, to the extent the law limits jurisdiction on
Indian reservations, this Agreement shall only expand that jurisdiction foi Fusion Center
activities or othei law enforcement activities discussed with the chief law enforcement officer for
the Indian Community
Fusion Center 1GA
Pare;of 5
VII. Management of the East Valley Gang Information
Criminal Information Fusion Center
The management of the day-to-day operation of the Fusion Center shall be the responsibility of
MPD. The promulgation of policy and oversight of the operation of the Fusion Center shall be
the responsibility of the Fusion Center Executive Team, the members of which shall be the chief
law enforcement officei for each original participating agency, oi his/hei designee Additional
agencies may be invited to join the Fusion Center The Executive Team may invite the chief law
enforcement agency of a new participating agency to be a member of the Executive Team
VIII. Nondiscrimination
The Parties to this Agreement shall comply with all applicable provisions of state and federal
non-discrimination laws and regulations including, but not limited to, State Executive Order No.
99-A, which mandates that all persons, regardless of race, religion, sex, age, national origin or
political affiliation shall have equal access to employment opportunities and all other federal and
state employment and educational opportunity laws, rules and regulations, including the
Americans with Disabilities Act; provided however, an Indian Community is subject to 25
li S C § 47Oc(c). No Party shall engage in any form of illegal discrimination with respect to
applications foi employment or student status or employees or students
IX. Liability
To the extent permitted by law, each Party does hereby covenant and agree to indemnity, defend,
and hold harmless the. other Party, its officers, employees, contractees, and agents from and
against any and all suits, actions, legal or administrative proceedings, claims, demands of
damages of any kind oi nature relating to this Agreement which, are the result of any act or
omission of the Party, its officers, employees, contractees, agents, and anyone acting under its
direction oi control, whether intentional or negligent, in connection with or incident to this
Agreement. The employees of the Parties shall remain employees of the Parties and shall not he
considered MPD employees The employees of MPD shall remain employees of MPD and shall
not be considered employees of any of the other Parties Failure of a Party to comply with the
terms of this Agreement shall not provide the basis of any third party action against any of the
Parties.
X. Fees
In no event shall any Party charge other Parties for any administrative fees for any work
performed pursuant to this Agreement.
XI. Jurisdiction
The laws of the State of Anzona shall govern this Agreement Venue will be in the Marrcopa
County Superior Court. unless the subject matter of the dispute involves an Indian Community,
then venue shall he in Federal District Court for the State of Arizona In the event of any
lebk
O.
Fusion Center ICA
Page 4 of 5
Iitigation or arbitration arising out of this Agreement, the substantially prevailing Party in such
litigation or arbitration shall be entitled to recover its reasonable attorneys fees. expert witness
fees and other costs of litigation.
XII. Worker's Compensation
Pursuant to A.R.S. §23-1022 D., for the purposes of worker's compensation coverage, all
employees covered by this Agreement shall be deemed to be an employee of both agencies The
parent agency shall be solely liable for payment of worker's compensation benefits
XIII. Duration of this Agreement
This Agreement shall become effective upon the execution by the Parties hereto and filing with
the Secretary of State and shall remain in effect until July 1, 2027, unless otherwise terminated
by the terms of this Agreement or operation of law Any Party may withdraw from this
Agreement by giving 30 days written notice to the MPD All property provided by MPD to a
withdrawing Party s officer(s) or non-sworn personnel shall be returned to MPD upon
termination The Parties reserve all nghts that each may have to cancel this Agreement for
possible conflicts of interest under A R S § 38-51 I as amended
XIV. Other Provisions
In the event that any provision of this Agreement shall be held invalid or unenforceable by any
court of competent ,Jurisdiction, such holding shall not affect the validity or enforceability of any
other provision hereof
This Agreement contains the entire understanding between the Parties with respect to the
subjects hereof and supersedes all poor negotiations and agreements. This Agreement may be
amended only by an instrument in writing and signed by all the participating Panics The waiver
of any breach of this Agreement shall not be deemed to amend this Agreement and shall not
constitute waiver of any other subsequent breach. Headings are for convenience and shall not
affect interpretation. This Agreement may be executed in counterparts, and which together
constitute a single insti ument
This Agreement shall be recorded with the Secretary of State pursuant to A.R.S. § 11-952(g)
upon its execution and an original bearing the stamp of the Secretary shall be forwarded to the
Chief of Police of the Mesa Police Department.
XV. Notification
Any notice required to be given under this Agreement will be provided to the Chief of Police of
the Mesa Police Department with a copy to all Parties to this Agreement.
Fusion Center IGA
Page 5 of 5
XVI. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date
written below
City of Mesa.
Dated- ,2 3� R Oa 7
By. ,
Christop r J ady,
City Manager, City of Mesa
�'� �F MFS9
A ITEST. V\ c,S)O��tC`
API• ii ()kid ---�
Vra Crocker �'� � r
City Clerk, City of Mesa CUpA COJ
In accordance with A R S § 11-952, this contract has been reviewed by the undersigned who has
determined that this contract is in appropriate form and within the powers and authority granted
to each respective public body.
9 •�
This Ao, day of 4/"414 , 2008.
/
649.--Debbi Spinn
City Attorney, City of Mesa
City of Apache Junction, Arizona 300E Superstition
Boulevard
Apache Junction,AZ
85119
Master
File Number: 13-151
File ID 13-151 Type Discussion/Presentation Status. Agenda Items
Version. 2 Reference In Control. City Council Work
Session
Cost File Created. 06/20/2013
File Name. Compression brake usage Final Action.
Title Discussion on compression brake usage on US Highway 60 The issue of
compression braking on city streets was first discussed at the January 3, 2006
City Council meeting Discussion only
Notes:
Agenda Date 07/01/2013
Indexes. Outside Scope of Council Priorities
Sponsors. Insalaco Enactment Date.
Attachments. Letter from Dolce Vida Residents, Minutes Enactment Number.
01-03-2006
Contact. Hearing Date.
Drafter: bduft@ajcity net Effective Date.
History of Legislative File
Ver• Acting Body. Date: Action: Sent To Due Date Return Result
sion. Date
"ut. 2 City Council Work 07/01/2013
Session
Text of Legislative File 13-151
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
June 10, 2013.
John Tnsalaco, Mayor
Robin Barker, Vice-Mayor
Gail Evans
Christa Rizzi
Jeff Serdy
Dave Waldron
Chip Wilson
Re: Truck exhaust noise
Dear Mayor and City Council Members of Apache Junction, AZ
We citizens who live at Dolce Vita Community at 3301 South Goldfield Rd,
Apache Junction, request you implement an exhaust brake ordinance on US Hwy
60 so truckers will be warned of the impact their truck noise is making on peoples
lives. There are just a few who abuse their exhaust brakes and we believe it's
mostly the same truckers daily and likely locals with older units
Your cooperation in warning these truckers to refrain from using their exhaust
brakes would be greatly appreciated. We hear traffic on US Hwy 60 but these
brakes are especially annoying and their use is unnecessary in this area
Respectively submitted by these citizens at Dolce Vita Community.
Bob & Toots Ostrich #4032
Joe & Kari Jacobson #4031.
Mike and Debbie King #4030
Fred & Donna Searles #4029
Jack & JoAnne Sipperly #4028
Cc: George Hoffman, City Manager
/ft. p
CITY COUNCIL
REGULAR MEETING
JANUARY 3, 2006
The regular meeting of the City Council of the City of Apache Junction,
Arizona, was held on January 3, 2006, at the Apache Junction City Council
Chambers pursuant to the notice required by law
CALL TO ORDER
Mayor Coleman called the meeting to order at 7.00 p m
INVOCATION
Councilmember Insalaco gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Dietz led the Pledge of Allegiance
ROLL CALL
Councilmembers Present Mayor Coleman
Councilmember Dietz
Councilmember Insalaco
Councilmember Severs
Councilmember Sippel
Councilmember Waldron
Amok
(Vice Mayor Eck was absent )
Staff Present Assistant City Manager Bryant Powell
City Clerk Kathleen Connelly
City Attorney Joel Stern
Interim Public Safety Director Terry McDonald
City Engineer Ron Grittman
Assistant to the City Manager Amy Malloy
Others Present. Senior Planner Rudy Esquivias
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 2006
PAGE 1 OF 35
Mayor Coleman stated he could
perhaps include in his motion THAT THE CITY ATTORNEY BE GIVEN THE AUTHORITY TO
MAKE THE CHANGES AS WE DISCUSSSED AS FAR AS ITEM K.
City Attorney Joel Stern commented
TO ALSO POSSIBLY REDRAFT SECTION 2-4-6 TO BRING IT MORE UP TO DATE WITH THE
CURRENT STATE LAW ON AGENDAS
Councilmember Severs stated TO AMEND
THE MOTION AS THEY SAID.
Councilmember Dietz SECONDED THE
MOTION
VOTE Unanimous
The motion carried.
COMPRESSION "JAKE" BRAKES )
) City Attorney Joel Stern briefed
the council on the item He stated they last talked about the ability of the
city to regulate these types of brakes They could change the city code and
they could outlaw them within the city on certain streets or in the city
completely. From an enforcement standpoint, there is concern that the only
way they could enforce the code was to have a police officer witness it The
police officer is the only one who has the authority to pull over a truck and
state the driver is using the brakes and that he has heard them Although
other cities have regulations on this, enforcement may be difficult unless
they have special details that go out and enforce the law It would be spot
checking He has talked to the interim chief on the enforcement issue and he
has stated they would respond to other calls that come in before responding to
brake noise. They have to prioritize what they would like to do.
Mayor Coleman stated he does not
personally believe this is an item they should pursue
Councilmember Insalaco agreed.
Councilmember Severs commented he
wondered if it would be possible to post a simple sign in certain areas where
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3. 2006
PAGE 32 OF 35
...
they have been getting complaints The sign would request that they not use
the brakes. He does not know what the expense would be If it becomes more
of a problem, they could post a sign stating please do not use Jake brakes in
this area They could keep it simple but make an effort if the problem
becomes worse
A.., Assistant City Manager Bryant Powell
suggested they could look at different types of designs and their cost,
City Attorney Joel Stern stated it
is not a legal issue at this time but an administrative issue. The city
manager can direct the public works department to make signs that have the
appropriate language that he could work with them on It would not be
enforceable. They also should not be using the term "Jake" brakes, as it is
copyrighted. It should be compression brakes
Councilmember Severs asked if that
is something they would entertain
The consensus was they would
City Clerk Kathleen Connelly
commented on Lindsay Road just south of Baseline on the west side there is a
sign that says "No engine braking ' There is no reference to a city code
section It is a polite request with no enforcement
Councilmember Insalaco commented
that is what they should use
Councilmember Dietz suggested they
look at the cost to see what is involved
Councilmember Severs commented he
would like to look into it.
Mayor Coleman closed the discussion
with no further comments and called for a motion
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 2006
PAGE 33 OF 35
Councilmember Severs MOVED THAT
STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING COMPRESSION "JAKE" BRAKES.
TO LOOK INTO THE COST OF POLITE SIGNAGE JUST AS A COURTESY.
Councilmember Dietz SECONDED THE
MOTION.
VOTE. Unanimous
The motion carried.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
Councilmember Dietz stated since the
city offices will be closed on Monday, January 16, 2006, in observance of
Civil Rights Day, no work session will be held He MOVED THAT AN EXECUTIVE
SESSION AT 6 00 P M BE HELD ON TUESDAY, JANUARY 17. 2006, IN THE CITY COUNCIL
CONFERENCE ROOM.
Councilmember Severs SECONDED THE
MOTION
VOTE' Unanimous .
The motion carried
INFORMATION AND REPORTS
None.
ADJOURNMENT )
Mayor Coleman adjourned the
meeting at 9.18 p m
Consent Agenda Items are as follows
1 Acceptance of Agenda.
2. Acceptance of Minutes of Regular Meeting of December 6, 2005.
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 2006
PAGE 34 OF 35
ACCEPTED THIS 17TH DAY OF JANUARY , 2006. BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA.
SIGNED AND ATTESTED TO THIS 17TH DAY OF JANUARY , 2006.
AM 1.k • *Dr ,e4)
DOUGLAS CO MAN
Mayor
ATTEST.
0
KATHLEEN CONNELLY 3
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the regular meeting of the City Council of the City of Apache
Junction, Arizona, held on the 3rd day of January. 2006 I further certify
that the meeting was duly called and held and that a quorum was present
Dated this llth day of January, 2006
Yettr-k-e-rL--
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 2006
PAGE 35 OF 35
Kathy Connelly
From Bryant Powell
Sent. Thursday, June 27, 2013 3 09 PM
To: Kathy Connelly, Joel Stern, George Hoffman, Giao Pham
Cc: Thomas Kelly, Barbara Duft
Subject: RE Jake Brake
Tom —let' do that too. Please have this material ready for the meeting as well
From: Kathy Connelly
Sent: Thursday, June 27, 2013 2.43 PM
To: Bryant Powell; Joel Stern; George Hoffman; Giao Pham
Cc: Thomas Kelly; Barbara Duft
Subject: RE Jake Brake
This item is on Monday's work session for discussion Instead of putting anything in the weekly report,
I would distribute this information at the work session so it becomes part of their meeting materials
kc
From: Bryant Powell
Sent: Thursday, June 27, 2013 2:20 PM
To: Joel Stern; George Hoffman, Giao Pham; Kathy Connelly
Cc: Thomas Kelly, Barbara Duft
Subject: FW• Jake Brake
Joel, George, Giao and Kathy—see below Looks like the Mayor and Council would need to do an ordinance
Barb—please add information to weekly report
From: Thomas Kelly
Sent: Thursday, June 27, 2013 2 06 PM
To: Bryant Powell
Subject: FW• Jake Brake
FYI in regards to the braking on the 60 near Dolce Vita
Not good news as to any enforcement by DPS or us as of now
From: Clyde Allison
Sent: Thursday, June 27, 2013 1:19 PM
To: Troy Mullender
Subject: Jake Brake
Troy,
Spoke with Brian Quacknbush with DPS, he's a commercial truck guru and figured he'd know about this brake issue He
stated there is no state law prohibiting the Jake (exhaust) brake I've attached a definition on what this type braking
is He told me that to enforce this(both our PD and DPS officers)we would need to have a city ordinance prohibiting
use and then getting with the state (Joel would have to do this part)to get permission to place the signs on the highway
1
in the city areas Then we would enforce the ordinance and DPS would enforce "fail to obey a traffic control device"
due to they can't enforce city codes
So what it boils down to, is there is nothing us or DPS can do without the ordinance.
Sgt. C. Allison#50
Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant
Apache Junction Police Department
300 E Superstition Blvd
Apache Junction, AZ 85119
callison@alcitv.net
480/474-8616
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