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Home My WebLink AboutRES 87-43RESOLUTION NO.87-43 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED PINAL COUNTY SANITARY CODE,SPECIFIC PORTIONS OF WHICH,IF ENACTED BY SAID COUNCIL,WILL BE THE BASIS FOR AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE PINAL COUNTY HEALTH DEPARTMENT FOR SPECIFIC HEALTH SERVICES.. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: That certain document entitled Pinal County Sanitary Code consisting of eleven chapters numbered I through XI which are entitled General Provisions;Food, Food Products,Food Establishments,Food Handlers,Operator Permits and Rating Cards;Communicable Disease Control;Animals,Birds,Fowl,Rodents,and Fly Breeding Control;Handling and Disposition of Garbage,Rubbish and Refuse; Trailer Coach Parks;Schools;Camps and Camp Grounds;Public and Semi -Public Bathing Places;Sewage;and Adoption of Administrative Rules and Regulations; Three copies of which are on file in the office of the City Clerk of the City of Apache Junction,Arizona,is hereby declared to be public record and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCITON,ARIZONA,THIS 29TH DAY OF JULY ,1987. SIGNED AND ATTESTED TO THIS 29TH DAY OF JULY ,1987. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City' Attorney NORMAN S.HILL Mayor • INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into this 1st day of July,1987,between PINAL COUNTY,a political subdivision of the State of Arizona,hereinafter referred to as "COMM",and the CITY OF APACHE JUNCTION,a policital subdivision of the State of Arizona, hereinafter referred to as "CITY". WHEREAS: A.Pursuant to A.R.S. §11-951,et.seq.,the parties are authorized to enter into intergovernmental agreements for the purposes of contracting for services,jointly exercising powers common to the contracting parties,and taking joint or cooperative action. B.Pursuant to A.R.S.§§36-104, 36-107, 36-165, 36-166, and 36-167, the CITY has responsibility for health regulations and certain health services within its corporate limits. C.Pursuant to Title 36,Chapter 2,Article 4,the COUNTY has established a County Health Department. D.The cowry,under its Health Department,may provide health services to cities equal with those provided unincorporated areas of the County. Pursuant to A.R.S.§36-190,the governing body of the CITY must specifically request the COUNTY provide health services within the boundaries of the CITY. E.Pursuant to A.R.S. §36-190 and applicable case law, the CITY must request the COUNTY provide health services within the CITY's boundaries and enter into an agreement with the COUNTY regarding those services in order for the COUNTY to have jurisdiction to provide those services. NOW, =MORE, the parties to this Agreement agree as follows: I.SERVICES COUNTY MAY PROVIDE 1.Definitions: 1.1 Nursing Services:to include Communicable Disease Control (sexually transmitted diseases,tuberculosis control,and communicable disease investigation),Family Planning Services,Maternity Services,Child Health Services,(including immunizations),-Community Health Nursing and Health Education (program in schools and community). 1.2 Nutrition Services:to include WIC (Women, Infants and Children --food supplement and education services),other nutrition -related services and act as a resource center for programs related to nutrition and cardiovascular risk reduction. 1.3 Environmental Health Services:to include Temporary and Non -Temporary Food and Drink Services (plan review,inspections,code enforce- ment),Schools (kitchen and grounds inspections,code enforcement), Public and Semi -Public Bathing Place Services (inspections and code enforcement),Trailer Park and Subdivision Approvals as required for State Health Department approval, and Septic Tank Systems (plan review, inspections, code enforcement). 2.The COUNTY may,upon request,provide Nursing Services and Nutrition Services,and Environmental Health Services, as defined above, to the residents of the CITY and within the CITY's corporate boundaries, subject to the availability of funds and/or grant funds. II.COMPLAINTS The COUNTY agrees that the County Health Department,in cooperation with the CITY,will handle complaints for the services that COUNTY provides. -2- III.SERVICES CITY WILL PROVIDE The CITY agrees that it will have complete responsibility for all other health services not provided for by the COUNTY.The CITY's responsibility includes,but is not limited to,garbage disposal,manure disposal and storage and insect control. IV.ADOPTION OF PINAL COUNTY SANITARY CODE The CITY agrees to adopt applicable portions of the Pinal County Sanitary Code as part of its municipal ordinances and regulations with regard to those Environmental Health Services it has requested COUNTY to provide.COUNTY will provide CITY with the portions of the County Sanitary Code that CITY shall adopt. V.ENFORCEMENT 5.1 Enforcement Responsibility The CITY agrees that it has the responsibility for the enforcement and prosecution of violations of CITY regulations involving Environmental Health Services that the COUNTY may be providing. 5.2 Prosecution •.The COUNTY,through the County Health Department,upon request from the CITY agrees to assist and cooperate in said enforcement and prosecution.Further,all prosecutions will be in the City Court, and will be the responsibility of the CITY Attorney. VI.ISSUANCE O F LICENSES AND PERMITS •6.1 Building Permits The CITY shall not issue building permits for any construc- tion which requires COUNTY plan review and inspection until COUNTY approval, through the County Health Department,has been obtained. —3— 6.2 Business Licenses The CITY shall not issue business licenses for new and remodeled restaurants and bars until written approval to operate has been granted by the County Health Department. 6.3 Business Licenses (Special Event) The CITY shall not issue business licenses for temporary food and drink (special event) vendors until the County Health Department approves the vendor's operation. VII.CHARGES/COSTS The COUNTY agrees that no charges or costs will be assessed the CITY for the services that COUNTY agrees to provide,nor shall any fee or charge be imposed on any CITY resident in an amount different from that imposed upon a resident of the unincorporated portion of Pinal County.However,the COUNTY reserves the right to raise County Health Department fees pursuant to A.R.S. §36-152. VIII.TERM The parties to this Agreement agree that its term shall be for one (1) year,beginning on July 1,1987,and ending on June 30,1988. Either party may terminate this Agreement upon thirty (30) days written notice. IX.CONTRACT NEGOTIATION The CITY shall submit a request, by March 15th, to the County Health Department seeking information on the health services available for the following fiscal year.The COUNTY shall provide such a list by April 1st.The CITY/TOWN shall,by April 30th,notify the COUNTY which,if any,of the available services it desires the COUNTY to provide.However,the COUNTY' shall incur no obligation to provide the requested services until an Intergovernmental Agreement has been entered into. -4- XI.MERGER This Agreement,together with the attachment(s)thereto, shall constitute the entire Agreement between the parties.No services except for those listed on the attachment(s) shall be covered by the terms of this Agreement. No statements,promises or inducements made by either party, or by an agent of either party,that is not contained in this written Agreement shall be valid or binding.This Agreement may not be enlarged,modified or altered, except in writing, signed by the parties and endorsed here. .IN WITNESS WHEREOF,the parties have entered this Agreement the day and year mentioned above. ATTEST: Clerk, Board of Supervisors PINAL COUNTY BOARD OF SUPERVISORS Chairman APPROVED AS TO FORM: PINAL COUNTY ATTORNEY APACHE JUNCTION CITY COUNSEL MAYOR -5- ATTEST:ATTEST: CITY CLERK CITY ATTORNEY -6-