HomeMy WebLinkAbout2014 11.03 City Council Work Session Agenda re�c � City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
A ends 300 E.Superstition Blvd.
\ - g Apache Junction,AZ
\Ri_ZONr 85119
- City Council Work Session
apachejunctionaz.gov
Ph:(480)982-8002
Monday, November 3,2014 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 14-529 Presentation by and discussion with staff and Executive Director of
Phoenix-Mesa Gateway Airport Authority Jane Morris, regarding the
2014 amended and restated joint powers agreement and 2014 loan
cancellation agreement. Staff will also discuss proposed Resolution
No. 14-40, canceling the existing loan agreement and authorizing the
execution of the amended and restated joint powers agreement, and
authorizing city staff to implement all necessary actions to fulfill the
agreement obligations. Presentation and discussion.
Sponsors: Matt Busby
Attachments: Res No. 14-40
2. 14-520 Appointment of police representative to the Public Safety
Personnel Retirement Board. Discussion.
Sponsors: Kathy Connelly
3. 14-515 Presentation and discussion on proposed Resolution No. 14-39,
authorizing the submission of Fiscal Year 2015 Community
Development Block Grant and Fiscal Year 2015 State Special Project
grant applications. Presentation and discussion.
Sponsors: Heather Patel
Attachments: Staff report
Resolution 14-39
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
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City Council Work Session Agenda November 3,2014
City of Apache Junction,Arizona Page 2 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
> Apache Junction,Boulevard
85119
_� Agenda Item Cover Sheet p
` Agenda Item No. 1.
�Piz oN* File ID: 14-529
Sponsor: Matt Busby Agenda Date: 11/3/2014
Index: In Control: City Council Work Session
Presentation by and discussion with staff and Executive Director of Phoenix-Mesa Gateway
Airport Authority Jane Morris, regarding the 2014 amended and restated joint powers
agreement and 2014 loan cancellation agreement. Staff will also discuss proposed Resolution
No. 14-40, canceling the existing loan agreement and authorizing the execution of the
amended and restated joint powers agreement, and authorizing city staff to implement all
necessary actions to fulfill the agreement obligations. Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
RESOLUTION NO . 14 - 40
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION , ARIZONA , AUTHORIZING THE MAYOR TO
EXECUTE THE 2014 PHOENIX -MESA GATEWAY AIRPORT AUTHORITY
AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY
AGREEMENT AND THE 2014 LOAN CANCELLATION AGREEMENT ; AND
AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY
ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS .
WHEREAS , on June 18 , 2013 , the City Council passed and
adopted Resolution 13 - 25 , authorizing the City to enter into the
2013 Phoenix -Mesa Gateway Airport Authority Amended and Restated
Joint Powers Airport Authority Agreement , Amendment No . 1 to the
Phoenix -Mesa Gateway Airport Authority Amended and Restated
Intergovernmental Agreement and the 2013 Phoenix -Mesa Gateway
Airport Authority and City of Apache Junction Loan Agreement ; and
WHEREAS , on July 19 , 2013 , the above - referenced documents
were executed by all Airport Authority partners ; and
WHEREAS , the partners have invested $ 132 million in the
airport to achieve returns of approximately $ 1 . 31 billion in
revenue ; over 10 , 000 new jobs and $ 392 million in payroll has
resulted , enabling the Airport Authority to convert the old
Williams U . S . Air Force Base from a closed military facility into
a commercial -passenger airport ; and
WHEREAS , the Airport Authority characterizes the partners '
$ 132 million Airport investment as " loans payable " considered by
the partners as an " investment expense " under A . R . S . § 28 -
8521 ( B ) ( 4 ) ; and
WHEREAS , the Airport Authority requires the loans for future
growth and thus currently characterizes partner loans as
cumulative appropriations ; and
WHEREAS , the Airport Authority needs to accurately re -
characterize the partners ' appropriations as contributions ; and
WHEREAS , such re - characterization would in effect eliminate
the Authority ' s debt and recognize the partners ' long - term
proportionate interests and commensurate control in the
Authority ; and
WHEREAS , this re - characterization would also permit the
Airport Authority to borrow money in the future for new
infrastructure necessary for future growth and in turn this
RESOLUTION NO . 14 - 40
PAGE 1 OF 2
growth will support increased passenger loads and significantly
increase the partners ' return on their investment ; and
WHEREAS , to effectuate the re - characterization , the loan
agreement previously entered into between the parties needs to be
cancelled and the joint powers agreement needs to be restated and
amended .
NOW , THEREFORE , BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION , ARIZONA , AS FOLLOWS :
SECTION I : The Mayor is authorized to execute the 2014
Phoenix -Mesa Gateway Airport Authority Amended and Restated Joint
Powers Airport Authority Agreement and the 2014 Loan Cancellation
Agreement , as set forth in Attachments A and B respectfully .
SECTION II : City staff is authorized to take any and all
necessary steps to effectuate the purpose , intent and obligations
of the partnering agreements referenced herein and to continue to
pay any and all amounts due under the terms of the loan
agreement .
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION , ARIZONA , THIS DAY OF
2014 .
SIGNED AND ATTESTED TO THIS DAY OF
2014 .
JOHN S . INSALACO
Mayor
ATTEST :
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM :
R . JOEL STERN
City Attorney
RESOLUTION NO . 14 - 40
PAGE 2 OF 2
ATTACHMENT A
2014 PHOENIX -MESA GATEWAY AIRPORT AUTHORITY AMENDED AND
RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT
PHOENIX-MESA GATEWAY AIRPORT AUTHORITY
AMENDED AND RESTATED JOINT POWERS
AIRPORT AUTHORITY AGREEMENT
This Amended and Restated Joint Powers Airport Authority Agreement (the
"Agreement") establishing and continuing the Phoenix-Mesa Gateway Airport Authority (the "Airport
Authority"), is made and entered into as of _ day of 2014, pursuant to Arizona
Revised Statutes Section 28-8521 , et seq., by and among the Town of Gilbert, an Arizona municipal
corporation ("Gilbert"), the City of Mesa, an Arizona municipal corporation ("Mesa"), the Town of
Queen Creek, an Arizona municipal corporation ("Queen Creek"), the Gila River Indian Community, a
federally recognized Indian tribe ("Community"), the City of Phoenix, an Arizona municipal corporation
("Phoenix"), and the City of Apache Junction, an Arizona municipal corporation ("Apache Junction")
(collectively "Members" or "parties" and individually "Member" or "party").
The parties to this Agreement agree as follows:
Section I Recitals,
1 , 1 , The United States closed Williams Air Force Base ("Williams") as an
operating location of the United States Air Force ("USAF").
1 .2 Williams had existing aviation facilities that are suited to be operated and
developed as an airport facility pursuant to the joint powers airport authority powers found in Arizona
Revised Statutes ("A.R. S .") Section 28-8521 , et seq.
1 .3 The original joint powers airport authority agreement was made and entered
into as of 19th day of May, 1994, by and among Gilbert, Mesa, and Queen Creek and recorded on
May 19, 1994, as Instrument No. 94-0400695 , official records of Maricopa County, Arizona.
1 .4 Through the original joint powers airport authority agreement, it was the desire
of Gilbert, Mesa, and Queen Creek that the joint powers airport authority agreement take the place of and
cancel the Intergovernmental Agreement (Williams Air Force Base- Management and Operation) that was
recorded on December 14, 1992 at Recorder's No. 92-0712408 in the records of Maricopa County,
Arizona, the substance of which was incorporated in the original joint powers airport authority agreement.
1 .5 By entering into the original joint powers airport authority agreement, the parties
to that agreement desired to establish a joint powers airport authority to develop, reuse, operate, and
maintain the existing Williams aviation facilities. Upon establishment of the joint powers airport
authority, the new facilities were known as the Williams Gateway Airport Authority.
1 .5 . 1 Via 1995 and 2006 Amendments to the original joint powers airport
authority agreement, the Community and Phoenix were added as Members of the Airport Authority,
respectively.
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1 . 5.2 Via 2009 Amendment, the legal name of the entity was changed to the
Phoenix-Mesa Gateway Airport Authority.
1 . 5 .3 Apache Junction also became a Member of the Airport Authority
effective July 1 , 2013 .
Section 2 Formation of Authority.
2. 1 . Upon approval and execution of this Agreement by all the parties, a
joint powers airport authority called the Phoenix-Mesa Gateway Airport Authority is formed with all
parties as Members pursuant to A.R.S. Section 28-8521 , with all powers granted to it under Arizona law.
Section 3 Board of Directors and Officers,
3 . 1 . Upon execution of this Agreement, each Member shall appoint one
representative to act with the authority of the appointing Member for the purpose of implementing
this Agreement. Each Member shall also designate at least one alternate representative to act with
the authority of the appointing Member in the absence of the representative. The appointed
representative and all alternates shall be duly elected or appointed members of the governing body of
the appointing Member. Notice of such appointment and of any subsequent replacement appointment
shall be delivered in writing to the other Members of the Airport Authority.
3 .2 The appointing authority as to each Member shall be each Member's respective
governing body.
3 .3 Each representative so appointed shall be a Director on the Board of Directors
of the Airport Authority. The Board of Directors shall consist of only the representatives appointed
by the Members of the Airport Authority. In the absence of the representative or alternate
representatives, any representative of the Member governing body attending Board meetings or
otherwise implementing this Agreement is presumed to act with the authority of the Member
governing body.
3A The Board of Directors may establish a fixed time, date and place for
regularly scheduled meetings. Special meetings of the Board may be called by the Chairman on no
less than 24-hours' notice to the public, and each Director, either personally or by mail or by facsimile
or by telephone. Notice of meetings of the Board shall be provided and meetings shall be conducted in
accordance with the Arizona open meeting law, A.R. S . Section 38-431 , et seq. Nothing herein shall
prohibit the holding of an emergency session on less than 24- hours' notice in accordance with the
provisions of the Arizona open meeting law. A Board Member may attend a Board meeting via
electronic means, including telephonic conference. The Board may conduct a telephonic Board
meeting so long as such telephonic meeting is conducted in accordance with the provisions of the
Arizona open meeting law.
3 .5 A majority of the membership of the Board of Directors shall constitute a
quorum. A quorum shall be necessary to conduct the business of the Board. If a quorum is lost at
any meeting of the Board of Directors, the remaining Directors present at the meeting may recess the
meeting from time to time, without notice other than an announcement at the meeting, until a quorum
shall be present.
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3 .6 The Board of Directors shall annually choose from its Directors a Chairman, a
Vice Chairman and a Secretary, each of whom shall serve at the pleasure of the Board of Directors. The
Board of Directors at any time may appoint such other officers and agents as it shall deem necessary
who shall hold their offices at the pleasure of the Board of Directors and who shall exercise such
powers and perform such duties as shall be determined from time to time by the Board.
3 .7 The Chairman, or in the Chairman's absence, the Vice Chairman, shall preside
at all meetings of the Board of Directors. In the absence of the Chairman and Vice Chairman, the
Secretary shall preside at the meeting of the Board of Directors.
3 .8 The Secretary shall see that the minutes of all meetings of the Board of
Directors are kept.
Section 4 Airport Authority Staff.
4. 1 The Board of Directors shall employ an Executive Director and approve an
annual budget for such other managers and staff as the Executive Director shall deem necessary to
manage and conduct the operations, maintenance and development of the airport facilities in
accordance with the provisions of this Agreement and policies and procedures approved by the Board
of Directors. The Executive Director shall report directly to the Board of Directors and shall supervise
the Airport Authority Staff,
Section 5 Ownership of Airport Facilities.
5 . 1 Upon conveyance by the USAF to the Airport Authority, title to all or a portion
of the certain aviation facilities, both real and personal property, formerly owned and operated by the
USAF at Williams situated in the County of Maricopa, State of Arizona ("Airport Facilities"), shall be held
by the Airport Authority.
5 .2 The Airport Authority may acquire or convey real and personal property from
time to time.
5 .3 Development, reuse, operation, and maintenance of the Airport Facilities shall
be overseen by the Board of Directors and shall be conducted in accordance with the provisions of this
Agreement and policies and procedures developed hereunder.
5A Each Member agrees that should said Member withdraw from the Airport
Authority pursuant to Section 10, effective upon such withdrawal, any ownership rights of said
Member in the Airport Facilities shall also terminate. A Member shall not be deemed to have
withdrawn from the Airport Authority simply by virtue of the termination of this Agreement pursuant to
Section 13 . Each Member hereto also agrees to execute upon withdrawal any and all documents
necessary to evidence and effectuate such withdrawal.
Section 6 Recharacterization of Members' Loans to Airport Authority.
6. 1 The Airport Authority has entered into a loan agreement ("Loan") and one or
more promissory notes ("Notes") with each Member. A list of all Member' Loans and Notes is attached as
Exhibit A. The Loans and Notes document the Members' cumulative investment (principal plus interest)
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in the Airport Authority.
6.2 The Members and the Airport Authority desire to recharacterize all of the
Members' loans to the Airport Authority as follows. Effective July 1 , 2014, the Members deem all of the
Members' respective loans as appropriations (or contributions) to the Airport Authority in accordance
with A.R.S. § 28-8521 (B)(4). The precise amount of each Member's cumulative contributions (since
becoming a Member of the Airport Authority) is set forth in Exhibit B. Effective July 1 , 2014, the
Members also deem the Loans and Notes listed in Exhibit A cancelled.
6.3 Members shall continue to make annual appropriations to the Airport Authority
as required in this Agreement, particularly Section 9.
6A Notwithstanding anything to the contrary in this Section 6, each Member shall
exercise its voting rights (related to the administration and management of the Airport Authority) in
accordance with Section 8.
6.5 Each Member agrees that should said Member withdraw from the Airport
Authority pursuant to Section 10, effective upon such withdrawal, all rights and interests of said
Member in the Airport Authority shall also terminate. Each Member also agrees to execute upon
withdrawal any and all documents necessary to evidence and effectuate such withdrawal.
Section 7 Powers of the Phoenix-Mesa Gateway Airport Authority,
The Phoenix-Mesa Gateway Airport Authority, acting through the Board of Directors,
may:
7. 1 Own, operate, and maintain property and facilities related to aviation, air
navigation, and aerospace.
7.2 Own and lease property and facilities that are not related to aviation, air
navigation, and aerospace.
7.3 Prescribe user fees and charges.
7A Operate facilities and construct improvements.
7.5 If authorized by the Members, exercise the right of eminent domain in the
names of the Members.
7.6 Engage employees and consultants.
7.7 Enter into contracts, leases, and development agreements.
7. 8 Enter into agreements with the State of Arizona, any political subdivision of the
State, or the federal government.
7. 9 Prepare and receive annual operating budgets.
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7. 10 Borrow money and issue revenue bonds, and issue other financial
obligations incurred for the purposes of this Section and authorized under A.R. S . Section 28-8521 , et
seq.
7. 11 Sue and be sued.
7. 12 Exercise incidental powers as may be necessary to the exercise of the powers
prescribed in this Section and under A.R.S. Sections 28-8527 and 28-8529, and to implement the
responsibilities, goals, and purpose of the Airport Authority.
Section 8 Voting Ri¢hts.
8. 1 Each member of the Board of Directors is entitled to one vote, and a motion
will carry if supported by a majority of the quorum unless a Member requests that a weighted vote
be taken. If a weighted vote is requested, then the following terms and conditions apply.
8. 1 . 1 Subject to Section 8. 1 .2, each member of the Board of Directors is
entitled to cast a weighted vote equal to that Member' s cumulative appropriations to the Airport
Authority as a percentage of the total appropriations made by all current Members to the Airport
Authority since 1993 when the initial Intergovernmental Agreement Group was formed. For purposes
of this Section 8, 1 , 1 , and in accordance with Section IV(4)(d) of the Memorandum of Understanding
(MOU) (effective March 21 , 2011 ) among the Airport Authority, City of Mesa, and Able
Engineering and Components, Inc., Mesa' s cumulative contributions to the Airport Authority
include the City Rent (as defined in the MOU) paid by Mesa to the Airport Authority to service the
debt on the Airport Authority 's Series 2012 Bond Issue in the amount of $ 19,220,000 (to finance the
FAA-certified maintenance, repair, and overhaul facility subleased to others).
8 . 1 .2 The percentage calculated under Section 8 . 1 . 1 is then adjusted so that
no Member's vote will exceed 50% of the total weighted votes. If any Member' s percentage as
calculated exceeds 50%, then the excess percentage (over 50%) is allocated proportionally to the
remaining Members so that the weighted vote of all Members combined equals 100% (or 100 votes).
Under this formula, the weighted votes for all Members as of July 1 , 2014 are:
Member Votes
City of Mesa 50
City of Phoenix 21
Gila River Indian Community 13
Town of Gilbert 12
Town of Queen Creek 3
Apache Junction 1
8. 1 .3 All matters on which a weighted vote is taken must be decided by a
simple majority of all Members' weighted votes, not just the weighted votes represented at the
meeting.
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8 .2 Beginning in Fiscal Year 2015- 16, the number of weighted votes of each
Member will be adjusted annually before the start of each Fiscal Year based on the Airport
Authority' s adopted operating budget for the Fiscal Year.
8 .3 If a Member withdraws from the Airport Authority, the weighted votes of
remaining Members must be recalculated at the beginning of the next fiscal year. In recalculating
the weighted votes, all appropriations of the withdrawing Member will be disregarded.
8A No Member may invoke weighted voting for matters related to modifications to
the approved airport layout plan and airport master plan, or for adjustments to the percentage
contributions or the amounts of each Member contribution to the annual budget.
Section 9 Oueratin2 Budget.
9. 1 The fiscal year of the Airport Authority shall run from July 1 to June 30.
9.2 The Board of Directors shall, by April 1 of each fiscal year, recommend to the
Members of the Airport Authority an annual operating budget for the Airport Authority for the next
fiscal year and shall state the amounts of each Member contribution or proportion of the Airport
Authority's annual operating budget to be provided by each Member. At least thirty (30) days before
the annual budget is recommended to the Members of the Airport Authority by the Board of
Directors, the Board may consider adjustments to the amounts of each Member contribution or
percentage contributions of each Member. Adjustments to the amounts of each Member
contribution or percentage contributions of any Member must be approved by a unanimous vote.
9.3 By June 15 of each year, the Board of Directors shall, if necessary due to the
addition or withdrawal of Members, have decided by a unanimous vote on the amounts of each
Member contribution or a reallocation of the percentage contributions among the Members or have
assigned each Member its pro rata increase or decrease in contribution.
9A The governing bodies of the Airport Authority's Members, including any new
Members admitted pursuant to Section 11 shall approve and adopt the operating budget recommended by
the Board, as may be revised pursuant to Section 9.3, by June 30 of each year or withdraw from the
Airport Authority pursuant to Section 10.
9.5 The Board of Directors may from time to time recommend to the Members of
the Airport Authority amendments to the approved and adopted operating budget. The governing
bodies of the Members shall approve amendments to the operating budget or withdraw from the Airport
Authority pursuant to Section 10 .
9 .6 The Airport Authority shall adopt and periodically amend a reuse and
development plan and a capital improvements plan. Expenditures for or by the Airport Authority
shall be consistent with these plans. In addition, expenditures by the Airport Authority shall be
limited to those items that directly relate to or benefit the operation and development of the Airport
Facilities and the Airport Authority.
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Section 10 Withdrawal From Airport Authority,
10. 1 . No Member shall have the right to withdraw from the Airport Authority during
the term of this Agreement except as provided in this Section.
10.2 At least one hundred twenty ( 120) days prior to the withdrawal deadline, a
Member that intends to withdraw from the Airport Authority must provide a written notice of intent
to withdraw to the Members of the Airport Authority, but if a Member provides a notice of intent to
withdraw between one hundred twenty ( 120) and one hundred fifty ( 150) days prior to the withdrawal
deadline, then other Members may submit notices of intent to withdraw up to sixty (60) days prior to
the withdrawal deadline. The withdrawal deadline shall be February 28 of each fiscal year.
10.3 The withdrawing Member shall pay its pro rata annual budget contribution
for the current fiscal year and its pro rata share of any outstanding obligations to which the
withdrawing Member has obligated itself. Any obligations of the withdrawing Member to the Airport
Authority shall remain outstanding until fully paid and satisfied.
Section 11 Admission To Airport Authority.
11 . 1 A city, town, county or American Indian Community may be admitted to the
Airport Authority upon: ( 1) written request to the existing Members of the Airport Authority prior
to February 1 of each fiscal year; (2) the unanimous approval of the existing Members of the Airport
Authority no later than June 30 of each fiscal year but after recommendation of the annual budget to the
Members of the Airport Authority; and (3) execution, acknowledgement, and deliverance to the
Airport Authority of such instruments as the Members may deem necessary or advisable to effect the
admission of such city, town, or county as an additional Member, including (without limitation) the
written acceptance and adoption by such city, town, county or American Indian Community of the
provisions of this Agreement.
11 .2 The fiscal obligations of a new Member are not effective until the beginning
of the new fiscal year.
11 .3 The parties acknowledge that Gilbert, Mesa, and Queen Creek waived all
notice and procedural requirements for admission of the Community when it became a Member of
the Airport Authority effective July 1 , 1995.
11 .4 The parties waived all notice and procedural requirements in this Agreement
for admission of Apache Junction when it became a Member effective July 1 , 2013 .
Section 12 Effective Date.
12. 1 . This Agreement shall become effective (the "Effective Date") on the later of
its filing with the Arizona Secretary of State and the Maricopa County Recorder in accordance with
Section 19 hereof.
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Section 13 Termination of Airport Authority.
13 . 1 . This Agreement shall remain in full force and effect unless modified or
terminated by written agreement of a majority of the Members of the Airport Authority, This
Agreement shall also be deemed terminated should all parties hereto have exercised their right to
withdraw from the Airport Authority in accordance with Section 10 of this Agreement.
13 .2 Notwithstanding the right to withdraw set forth in Section 10, each party
hereto agrees to remain a Member of the Airport Authority and to be bound by this Agreement until
the end of the current fiscal year.
13 .3 Unless otherwise agreed to by a majority of the Members of the Airport
Authority, upon termination of this Agreement:
13 .3 . 1 If one Member agrees to assume ownership of the Airport Facilities
and agrees to assume the financial obligations of all Members, then the Airport Authority shall
transfer title of the Airport Facilities to such Member.
13 .3 .2 If no Member agrees to assume ownership of the Airport Facilities
and the financial obligations of all Members, and if the State of Arizona agrees to assume such
ownership and financial obligations, then the Airport Facilities shall be transferred to the State of
Arizona.
133 .3 If the State of Arizona refuses to assume ownership of the Airport
Facilities, then the Airport Facilities shall revert to the United States of America.
Section 14 Annual Report to Legislature.
The Chairperson of the Board of Directors of the Airport Authority shall annually
present a report of the activities of the Airport Authority to the State House of Representatives, Ways
and Means Committee, and the State Senate Finance Committee.
Section 15 Governing Law.
15. 1 This Agreement and the obligations of the Members hereunder shall be
interpreted, construed and enforced in accordance with the laws of the State of Arizona. The court with
the original jurisdiction for causes of action arising under this Agreement is the United States District
Court for the District of Arizona.
15 .2 Sovereign Immunity. The Community expressly and irrevocably waives its
sovereign immunity from suit solely for the limited purpose of allowing the Airport Authority to
commence arbitration proceedings and enforce arbitration decisions or awards that involve a dispute or
claim arising out of this Agreement. This limited waiver of sovereign immunity does not extend to any
person or entity other than the Airport Authority. Except as provided in Section 15.2. 1 through Section
15.2.6, nothing in this Agreement, or in the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") (referred to below), or in any related agreement, exhibit, document or undertaking,
shall be construed as waiving, qualifying, diminishing, impairing or otherwise adversely affecting the
sovereign immunity of the Community or any of its entities, enterprises, affiliates or subdivisions.
Further, except as specified in Section 15 .2. 1 through Section 15 .2.6. and unless explicitly stated within
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this Agreement, nothing in this Agreement, or in the AAA rules, or in any related agreement, exhibit,
document or undertaking, shall be construed as a waiver of such sovereign immunity or as consent or
agreement by the Community to the jurisdiction of any governmental authority, or any state or municipal
court.
15.2. 1 Mediation. Any dispute that may arise under this Agreement shall be
submitted to a mediator agreed to by both parties as soon as practicable after the dispute arises, but in any
event prior to the commencement of arbitration. The mediator's fees and expenses shall be shared
equally by the parties, who agree to exercise their best efforts in good faith to resolve all disputes in
mediation. Mediation will begin on the date one party sends written notice to the other requesting
mediation and presenting in the notice the matter to be mediated. The mediation will conclude when both
parties sign an agreement that resolves the subject of the mediation. If no agreement is reached within
sixty (60) calendar days after the date of the original written notice, the mediation will be considered
unsuccessful, and either party may invoke its arbitration rights under this Agreement.
15 .2.2 Binding Arbitration. Any claim or dispute arising under this
Agreement between the Airport Authority and the Community ("dispute" or "disputes"), including,
without limitation, whether a dispute is subject to arbitration, not resolved by negotiation between the
parties, shall be resolved through binding arbitration conducted in Maricopa County, Arizona as provided
in this Section 15. Either parry may initiate the arbitration by giving written demand for arbitration to the
other parry in accordance with the notice provisions of this Agreement, setting forth the nature of the
claim or dispute, the amount involved, if any, and the remedy sought.
15.2.3 Conduct of Arbitration. The arbitration shall be subject to Public Law
No. 107-159 (116 Star. 122 (2002)) and shall be conducted in accordance with the then-current AAA
rules (but not under the administration of the AAA) except as otherwise provided in this Section 15. A
single arbitrator shall be selected by agreement of both parties. If the parties cannot agree upon a single
arbitrator within 30 days of receipt of a written demand for arbitration, either party may submit a request
to the federal district court for an appointment of an arbitrator. No arbitrator shall have or previously
have had any significant relationship with any of the parties hereto. The single arbitrator shall be
knowledgeable in the subject matter of the dispute. The arbitration decision shall be rendered within 45
days after the arbitration hearing or the time period, if any, required by the AAA rules, whichever is
sooner. The award of the arbitrator shall be supported by written findings of fact, conclusions of law, and
a calculation of how damages, if any, were determined. The arbitrator also may grant provisional or
ancillary remedies (e.g., the appointment of a receiver, injunctive relief, etc.) either during the pendency
of the arbitration proceeding or as part of an arbitration award. Upon written request and after notice to
the other party, the arbitrator may modify the applicable arbitration rules in the interests of justice. The
award of the arbitrator shall be final and binding upon the parties, including any party refusing to submit
to arbitration under this Section 15, and ajudgment thereon may be entered in the United States District
Court, District of Arizona as provided by Public Law 107-159. Any refusal to submit to arbitration
hereunder, any exercise of a right under the Federal Arbitration Act (9 USC § 1 , et seg.), which shall
apply to the construction and interpretation of this Section 15, or any enforcement of an award rendered
in the arbitration shall be in and subject to the jurisdiction of the United States District Court, District of
Arizona.
15.2.4 In deciding any matter submitted to arbitration pursuant to this Section
15, federal law shall apply. If there is no applicable federal law, the arbitrator shall be guided by the laws
of the State of Arizona. The statute of limitations, estoppel, waiver, laches and similar doctrines that
would otherwise be applicable in an action brought by a party shall be applicable in any arbitration
proceeding.
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15.2.5 Discovery. The parties may conduct discovery in advance of the
arbitration hearing in accordance with the AAA rules. Based on the nature and amount of the dispute, the
arbitrator may establish a discovery schedule or discovery cutoff date or may limit discovery.
15.2.6 Costs of Arbitration and Attorney's Fees. Each party shall bear its
own attorney' s fees and expenses. The fees and all other expenses of the arbitrator, witness fees, and
other reasonable fees and costs, other than attorney's fees and expenses, incurred by the prevailing parry
shall be assessed against the non-prevailing party by the arbitrator and included in any award or decision.
Section 16 Amendments,
This Agreement may be amended only by an instrument in writing approved and
signed by all of the Members.
Section 17 Le2al Counsel Review.
This Agreement shall be submitted to the legal counsel for each parry hereto prior to
its execution by said party, in order to determine whether this Agreement is in proper form and is
within the powers and authority granted under the laws applicable to said party. Attached hereto and
incorporated herein by reference is a copy of said written determination of each parry's legal counsel.
Section 18 Notices.
All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in
person or sent by mail as follows :
Town of Gilbert
50 East Civic Center Drive
Gilbert, Arizona 85296
Attention: Town Manager
City of Mesa
20 E. Main Street
Mesa, Arizona 85201
Attention: City Manager
Town of Queen Creek
22358 South Ellsworth Road
Queen Creek, Arizona 85142
Attention: Town Manager
Gila River Indian Community
Administrative Offices
P.O. Box 97
Sacaton, Arizona 85147
Attention: Lieutenant Governor
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City of Phoenix
3400 E. Sky Harbor Blvd., Suite 3300
Phoenix, Arizona 85034
Attention: Aviation Director
City of Apache Junction
300 E. Superstition Blvd,
Apache Junction, AZ 85119
Attention: City Manager
Section 19 FilinE.
A completely executed copy of this Agreement shall be filed with the Arizona Secretary
of State, the Maricopa County Recorder, and the City Clerk, or the Town Clerk, as appropriate, of
each other party hereto.
Section 20 Remedies.
In the event of any violation or threatened violation by any party to this Agreement, of
any of the terms, restrictions, acknowledgements, covenants or conditions of this Agreement, the other
parties hereto shall be entitled to full and adequate relief by injunction and all other legal and equitable
remedies.
Section 21 Cancellation.
This Agreement maybe canceled pursuant to A.R.S. Section 38-511 .
Section 22 ApprovinE Action.
Copies of appropriate action by ordinance, resolution or otherwise authorizing the
respective parties to enter into this Agreement are attached hereto as Exhibit C. The Agreement
may be signed in any number of counterparts, each of which, when executed and delivered, shall
be deemed to be an original, but all of which taken together shall constitute one of the same
instrument.
Section 23 Federal Aviation Administration.
The parties recognize that contributions by Phoenix will be obtained from its Aviation
Department. Those contributions are subject to review by the Federal Aviation Administration.
Nothing herein requires any Member to contribute funding contrary to the Federal Aviation
Administration's policies and procedures.
Section 24 Bond Ordinances.
Notwithstanding any of the provisions in this Agreement, no Member assumes any
obligation in connection with this Agreement that will have priority over or parity with any bond
issued by each Member in its individual capacity.
11
Section 25 Audit Records.
The parties, the Federal Aviation Administration, the Comptroller of the United States,
or any duly authorized representative reserves the right, at reasonable times, to audit and/or copy the
Airport Authority's books and records directly pertinent to this Agreement. Nothing herein requires the
Airport Authority to create or maintain any records that the Airport Authority does not maintain in the
ordinary course of business or pursuant to a provision of law.
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as provided in Section 12,
Attest: TOWN OF GILBERT
By By
Town Clerk John Lewis, Mayor
Attest: CITY OF MESA
By By
City Clerk John Giles, Mayor
Attest: TOWN OF QUEEN CREEK
By By
Town Clerk Gail Barney, Mayor
Attest: GILA RIVER INDIAN COMMUNITY
By By
Gregory Mendoza, Governor
Attest: CITY OF PHOENIX
By By
City Clerk Ed Zuercher, City Manager
Attest: CITY OF APACHE JUNCTION
By By
City Clerk John Insalaco, Mayor
13
DETERMINATION OF LEGAL COUNSEL
The amended and restated Joint Powers Airport Authority Agreement has been reviewed
by the undersigned attorneys who have determined that it is in proper form and within the power and
authority granted under the applicable laws of each party.
Date Gila River Indian Community
Attorney
Date Gilbert Town Attorney
Date Mesa City Attorney
Date Phoenix City Attorney
Date Queen Creek Town Attorney
Date Apache Junction City Attorney
14
Exhibit A
List of Phoenix-Mesa Gateway Airport Authority Members' Loans and Notes
Member Agency Date of Loan Agreement Date of Latest Promissory Note
City of Mesa July 22, 1999 June 30, 2014
City of Phoenix July 1, 2006 June 30, 2014
Gila River Indian Community June 28, 2002 June 30, 2014
Town of Gilbert July 20, 1999 June 30, 2014
Town of Queen Creek December 6, 2000 June 30, 2014
City of Apache Junction July 19, 2013 June 30, 2014
Exhibit B
Phoenix-Mesa Gateway Airport Authority Members' Cumulative Contributions
(Principal and Interest' from Inception of Membership through June 30, 2015)
Member Agency Cum. Principal Cum . Interest Cum . Total
City of Mesa $ 52,390106 $22,344,907 $ 74,7351013
City of Phoenix 16, 700,000 21671,379 19, 371,379
Gila River Indian Community 81884,550 31010,834 11, 8951384
Town of Gilbert 71874,250 21943, 254 10,817,504
Town of Queen Creek 21075,070 657, 196 21732,266
City of Apache Junction 660.000 15 ,900 675 .900
Total $84,5231976 $31,643,470 $ 120,227,446
1 Rounded to nearest dollar.
Z Cumulative principal is through June 30, 2015, reflecting execution of FY 2015 promissory
notes. But contribution payments for fiscal year 2015 are made quarterly throughout the year.
3 Cumulative interest is shown through June 30, 2015 .
Exhibit C
[Ordinance, Resolution or Minutes Approving JPAA Agreement]
(Attached)
ATTACHMENT B
2014 LOAN CANCELLATION AGREEMENT
Loan Cancellation Agreement
Effective Date: July 1 , 2014
Parties : Phoenix-Mesa Gateway Airport Authority, an Arizona joint-powers
airport authority ("Gateway")
Apache Junction, Arizona, an Arizona municipal corporation ("Apache
Junction")
Recitals
A. Gateway is a joint-powers airport authority organized under ARIZ. REv. STAT.
§ § 28-8521-28-8536, and Apache Junction is a member of the airport authority.
B. Gateway owns and operates the Phoenix-Mesa Gateway Airport ("Airport") in
Apache Junction, Arizona.
C. Apache Junction (and Gateway' s other members) appropriate money annually to
Gateway to operate and improve the Airport. These appropriations are memorialized in
( 1 ) loan agreements between Gateway and each member, and (2) promissory notes issued
by Gateway to each member.
D. All of Gateway' s members have joined together to amend their July 19, 2013
Amended and Restated Joint Powers Airport Authority Agreement to recharacterize each
member' s loans as appropriations or contributions to Gateway and not as loans.
E. Gateway and Apache Junction desire now to cancel their loan agreement and all
promissory notes issued by Gateway to Apache Junction.
Agreements
Now, therefore, in consideration of the recitals and this Loan Cancellation
Agreement' s mutual covenants and promises, Gateway and Apache Junction agree as
follows.
1. Debt Recharacterization . Gateway and Apache Junction recharacterize all of
Apache Junction' s past loans to Gateway as appropriations or contributions. From this
date forward, these expenditures will be characterized as appropriations (or contributions)
to Gateway' s budget. All of Apache Junction' s past loans (principal and interest) and all
of Apache Junction' s future appropriations to Gateway will not be characterized as loans.
Gateway and Apache Junction shall promptly recharacterize the loans as expenses in their
respective comprehensive annual financial reports (CAFRs). a
2. Cancellation of Debt Instruments. Apache Junction hereby cancels ( 1 ) its June
28, 2002 loan agreement with Gateway (and all prior and subsequent loan agreements
with Gateway, if any, through the date of this Agreement), and (2) all past and present
promissory notes (principal plus accrued interest) issued by Gateway to Apache Junction
through the date of this Agreement. A list of the cancelled promissory notes is attached as
Exhibit 1 and incorporated into this Agreement.
3. Surrender of Debt Instruments. Apache Junction shall promptly surrender the
original loan agreement(s) and promissory notes to Gateway. Apache Junction shall
stamp (or mark) "CANCELLED" on each instrument, and a duly authorized Apache
Junction officer or other agent shall sign and date each "CANCELLED" reference
indicating that each instrument has been properly cancelled by Apache Junction acting
through an authorized representative.
4. Release. Apache Junction and Gateway, with the intention of binding themselves
and their respective successors, legal representatives, and assigns, hereby fully release
and forever discharge one another and the other' s respective successors, legal
representatives, and assigns from all claims, causes of action, liability, principal, interest,
attorneys' fees, and renumeration of any kind or nature whatsoever arising out of all loan
agreements between Gateway and Apache Junction and all promissory notes issued by
Gateway to Apache Junction.
5. Binding Effect. This Agreement binds and inures to the benefit of the respective
successors, legal representatives, assigns, agents, and employees of Gateway and Apache
Junction.
6. Entirety Clause. This Agreement is the final, integrated loan cancellation
agreement of Gateway and Apache Junction. This Agreement supersedes all prior oral or
written loan cancellation agreements between the parties, if any, and any statement,
representation, promise, or inducement not in the Agreement is null and void.
7. Choice of Law. This Agreement must be construed and enforced in all respects in
accordance with the laws of the state of Arizona.
S. Authority. Gateway and Apache Junction each represent and warrant that (a) the
person signing this Agreement on its behalf is duly authorized and empowered to enter
into and execute the Agreement, and (b) all persons, partnerships, corporations, joint
venturers, and other associations affiliated with Gateway or Apache Junction are bound
by the terms of this Agreement.
9. Counterparts. Gateway and Apache Junction may execute this Agreement in
counterparts, and each counterpart is effective and enforceable as though it were the
original Agreement.
2
10. Effect of Recitals. The recitals set forth above are a part of this Agreement.
In witness whereof, Gateway and Apache Junction, having carefully read the
foregoing paragraphs, execute this Agreement to be effective on the date first written
above.
3
Attest: Phoenix-Mesa Gateway Airport Authority, an
Arizona joint-powers airport authority
By: By:
Title:
Approved as to form:
By:
Phoenix-Mesa Gateway Airport
Authority Attorney
STATE OF ARIZONA )
ss.
County of Maricopa )
On the _ day of 2014, personally appeared before me Jane Morris,
who, having been first duly sworn, deposed and stated that she executed the line provided
above for Phoenix-Mesa Gateway Airport Authority' s signature and that she was duly
authorized to do so.
Notary Public
My commission expires :
Description of document to which this notarial certificate is attached
Type/Title Loan Cancellation Agreement
Date of Document July 1 , 2014
Number of Pages 5
Additional Signers City of Apache Junction
4
Attest: City of Apache Junction, an Arizona municipal
corporation
By: By:
Title:
Approved as to form:
By:
City of Apache Junction Attorney
STATE OF ARIZONA )
ss.
County ofMaricopa )
On the _ day of 2014, personally appeared before me
, who, having been first duly sworn, deposed and stated that
he executed the line provided above for City of Apache Junction' s signature and that he
was duly authorized to do so.
Notary Public
My commission expires :
Description of document to which this lnotarial certificate is attached
Type/Title Loan Cancellation Agreement
Date of Document July 1 , 2014
Number of Pages 5
Additional Signers Phoenix-Mesa Gateway Airport Authority
5
Exhibit 1
City of Apache Junction
Original Amt Accrued Cumulative
Date of Note of Note Interest Total
6/30/2013 $530,000.00 $0.00 $530,000.00
6/30/2014 $130,000.00 $15,900.00 $145,900.00
Total loans as of 6/30/15 $660,000.00 $15,900.00 $675,900.00
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No.2.
Piz File ID: 14-520
Sponsor: Kathy Connelly Agenda Date: 11/3/2014
Index: In Control: City Council Work Session
Appointment of police representative to the Public Safety Personnel Retirement Board.
Discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No. 3.
Piz File ID: 14-515
Sponsor: Heather Patel Agenda Date: 11/3/2014
Index: In Control: City Council Work Session
Presentation and discussion on proposed Resolution No. 14-39, authorizing the submission of
Fiscal Year 2015 Community Development Block Grant and Fiscal Year 2015 State Special
Project grant applications. Presentation and discussion.
Staff respectfully requests the city council review and discuss proposed projects and
Resolution No. 14-39, authorizing the submission of the city's Fiscal Year 2015 Community
Development Block Grant Regional Account and Fiscal Year 2015 State Special Project
applications.
City of Apache Junction,Arizona Page 1 Printed on 611512026
�QACHF�
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-«z City ofApache Junction
qR+Z°NP Development Services Department
MEMORANDUM
DATE: October 22, 2013
TO: The Honorable Mayor and City Council
THROUGH: George Hoffinan, City Manager
Larry Kirch, Development Services Director
Roger Hacker, Revenue Resources Manager
FROM: Heather Patel, Grants Coordinator
SUBJECT: Presentation and discussion of Proposed Resolution No. 14-39, authorizing the
submission of Fiscal Year 2015 Community Development Block Grant and
Fiscal Year 2015 State Special Project grant applications
REQUEST
Staff respectfully requests the city council review and discuss proposed projects and Resolution No.
14-39, authorizing the submission of the city's Fiscal Year 2015 ("FY15") Community Development
Block Grant Regional Account("CDBG") and Fiscal Year 2015 ("FYI 5") State Special Project
("SSP") applications.
BACKGROUND
Since 1974, the United States Department of Housing and Urban Development has provided assistance
to local communities through the CDBG and SSP Programs. These Programs were established to help
communities address the following national objectives:
1) Meet the needs of low and moderate income citizens;
2) Prevent/eliminate slums and blight in a community; and/or
3) Address urgent needs to the health/welfare of a community.
A community can use the funds to address one of the national objectives or can direct the funds to a
non-profit organization. Apache Junction has participated in the CDBG program since 1982.
The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing
("ADOH") for both the CDBG and SSP funding.
The City of Apache Junction is anticipating receiving approximately $120,000 in CDBG funds to be
used over a two year period of time (January 2016—December 2017). These funds are guaranteed to
the community as long as a viable project is submitted for funding to ADOH. The city may retain up
to 18% of these funds for administrative costs. This application is due June 1, 2015.
In years past, the city partnered with the Town of Payson to receive double funding every other year.
The city chose to end that partnership in 2011.
The City of Apache Junction is anticipating submitting an application for the SSP funds in which the
City may request up to $300,000 to be used over a two year period of time. These funds are a
statewide competitive grant. The city may retain up to 18% of these funds for administrative costs.
The anticipated application due date is winter 2015.
Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In
fact, to participate in the programs and receive funds a community must be able to document that
citizens and officials have been given the opportunity to discuss community needs and suggest
possible projects. Ultimately, the decision on which CDBG and SSP projects will be submitted rests
with the elected officials in a community.
To assist communities in meeting the requirements for public participation, ADOH has established a
mandatory public participation process. Failure to meet the public participation requirements will
result in the disqualification of the city from the programs and an inability to receive funds.
DISCUSSION
Based upon the city's current low to moderate income status, the city must focus their CDBG and SSP
efforts on projects that meet one of the following criteria:
1) Is within a designated and approved redevelopment area, e.g. Crossroads Redevelopment
Area and Apache Trail Redevelopment Area;
2) Assist persons within a limited clientele category, e.g. seniors, disabled, etc.;
3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation; and
4) Assist neighborhoods that are proven to be low income.
On September 24, 2014 a public meeting was held to solicit input from the public on potential projects
for the submission of an application. Technical assistance was provided to the community until
September 23, 2014 to help formulate projects for consideration and to determine if a potential project
meets the requirements of the CDBG program. Members of the community proposed the following
projects:
1) Funding an organization that works with adults with developmental disabilities and
providing salaries to those persons for community service projects. Staff provided the
public with contact information for two local organizations who work with persons with
developmental disabilities in an attempt to assemble a project for council consideration. No
additional information has been received.
2
Additional projects to be considered based upon previous citizen information and community needs:
1) Owner occupied housing rehabilitation/Emergency Repair
2) Commercial rehabilitation
3) Sidewalks—Grand Ocotillo Main neighborhood
4) Streets/drainage/sidewalks - Pueblo del Sol neighborhood Phase 3
5) Strong Sustainable Community Initiative projects - Smythe Homie neighborhood
Project: Owner-occupied housing rehabilitation program
Location: City-wide
Cost: $50,000/residential structure
Description: Full rehabilitation of an owner occupied home
Eligibility: Low-moderate income eligibility criteria per household
Funding: SSP
Project: Emergency repair program
Location: City-wide
Cost: $15,000/residential structure
Description: Emergency repair of 1-2 items in an owner occupied home
Eligibility: Low-moderate income eligibility criteria per household
Funding: SSP
Project: Commercial rehabilitation
Location: Redevelopment areas
Cost: $30,000/structure
Description: Rehabilitation of commercial properties for ADA, code and health and safety
compliance
Eligibility: Redevelopment area benefit
Identified in the DRIS
Funding: CDBG
Project: Sidewalk improvements
Location: Grand/Ocotillo/Main neighborhood south of Apache Trail
Cost: $300,000+
Description: Installation of sidewalks, curb & gutter within the neighborhood
Eligibility: Redevelopment area benefit
Funding: CDBG and SSP
Project: Street improvements
Location: Pueblo del Sol neighborhood— southwest of Superstition Blvd and Delaware
Cost: $300,000+
Description: Installation of sidewalks, curb & gutter, drainage improvements and paving of the
roadway
Eligibility: Low to moderate income neighborhood
Funding: CDBG and SSP
3
Project: Strong Sustainable Community Initiative
Location: Smythe Homie neighborhood—boundaries North-Apache Trail, East-Delaware, South-
Broadway, West-Meridian
Cost: $300,000+
Description: Installation of sidewalks and street lighting
Eligibility: Low to moderate income neighborhood
Funding: CDBG and SSP
Additionally, on October 23, 2014 the Leadership Team will meet to discuss potential projects for
presentation to the city council.
At the time the staff report was submitted, the Leadership Team had not met. Information obtained
during this meeting with be discussed during the work session.
As part of the application requirements for submission of CDBG and SSP applications, a resolution is
required that authorizes the city to submit applications to ADOH for funding. Resolution No. 14-39
further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all
actions necessary to implement and complete the activities submitted within the applications.
On November 18, 2014, staff will bring Resolution No. 14-39 before council for consideration and
approval following a presentation of all proposed projects and a public hearing, at which time, the
community may present additional projects and the council will be asked to select a project for each
application submittal.
RECOMMENDATION
Staff respectfully recommends the city council review and discuss the proposed projects and
Resolution No. 14-39.
ACTION REQUIRED
Review and discuss the proposed projects and Resolution No. 14-39.
ATTACHMENTS
Attachment One: Resolution No. 14-39
4
RESOLUTION NO. 14-39
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
SUBMISSION OF APPLICATIONS) FOR FY 2015 STATE
COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT
("CDBG") , FY 2015 STATE SPECIAL PROJECT ("SSP") FUNDS,
AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE
IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS;
AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION
OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP
APPLICATION (S) .
WHEREAS, the City of Apache Junction is desirous of
undertaking community development activities; and
WHEREAS, the State of Arizona is administering the
Community Development Block Grant ("CDBG") Program; and
WHEREAS, the State CDBG Program requires that the requested
CDBG funds address one of the three congressionally-mandated
national objectives; and
WHEREAS, the activities within these applications address
the identified housing and community development needs,
including the needs of low and moderate income persons; and
WHEREAS, a grantee of State CDBG funds is required to
comply with the CDBG Program guidelines and federal statutes and
regulations; and
WHEREAS, on September 24, 2014 and November 18, 2014, the
City of Apache Junction held public hearings on CDBG and SSP
proposed projects .
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction as follows :
SECTION 1 :
Staff is authorized to submit applications to the State of
Arizona Department of Housing for Fiscal Year 2015 CDBG, and
Fiscal Year 2015 SSP funds, and the Mayor is authorized to sign
the applications, contracts, grant documents and other related
documents for receipt and use of CDBG funds for:
RESOLUTION NO. 14-39
PAGE 1 OF 2
FY 2015 CDBG - for the funding maximum; and
FY 2015 SSP - for $300, 000
SECTION 2 :
The Mayor or his designee is authorized to take any and all
actions necessary to implement and complete the activities
submitted in the applications .
SECTION 3 :
The applications for State CDBG and SSP funds further the needs
under State guidelines for low and moderate income persons .
SECTION 4 :
The City of Apache Junction shall comply with all State CDBG
Program guidelines, federal statutes and regulations applicable
to the State CDBG Program and certifications contained in the
applications .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF 2014 .
SIGNED AND ATTESTED TO THIS DAY OF 2014 .
JOHN INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-39
PAGE 2 OF 2