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HomeMy WebLinkAboutRES 88-200 RESOLUTION NO.88-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA AND THE OFFICE OF MANUFACTURED HOUSING,AND AUTHORIZING THE COLLECTION OF FEES. WHEREAS,the City of Apache Junction,a Municipal corporation,desires to enter into an intergovernmental agreement where by the City shall enforce the -rules and regulations of the Department of Building and Fire Safety of the State of Arizona; and WHEREAS,The State authorizes the collection of fees with the Fee Schedule of R4-34-606.2 of the Rules and Regulations of the Department of Building and Fire Safety, ($90.00 permit fee). WHEREAS,by entering into said intergovernmental agreement the City will collect and retain any and all fees for the inspection of and installation of mobile homes. WHEREAS,the State authorizes the collection of fees to support this agreement. NOW THEREFORE BE IT RESOLVED that the City Manager of Apache Junction,Arizona,be and is hereby authorized and directed to enter into an intergovernmental agreement with the Department of Building and Fire Safety of the State of Arizona whereby said Department will enforce the rules and regulations of the Department of Building and Fire Safety as they apply to utility hook-ups and accessory structures; FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute any documents which may be necessary to implement said agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THIS 5TH DAY OF JULY ,1988. SIGNED AND ATTESTED TO THE 6TH DAY OF JULY ,1988. NORMAN S.HILL Mayor Resolution No.88-20 Page One of Two ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City Attorney Resolution NO.88-20:i Page Two of Two AGREEMENT THIS AGREEMENT,made and entered into this day of 19 ,by and between the a political sub- division of the State of Arizona,hereinafter referred to as "Political Subdivision" and the State of Arizona,acting through its Office of Manufactured Housing,herein after referred to as "The State." WITNESSETH: WHEREAS,the State is delegated by State Law to enforce the provi- sions and requirements of Arizona Revised Statutes,Sections 41-2141 through 41-2196 inclusive;and, WHEREAS, Section 41-2153.6.5 authorizes the Assistant Director of the Office of Manufactured Housing to enter into agreements with local enforcement agencies to enforce the installation standards of mobile/manufactured homes in their respective jurisdictions,and, WHEREAS,it is the mutual desire of the Political Subdivision and the State to enter into such an agreement and to eliminate unnecessary duplication of inspection within the jurisdiction of the Political Subdivision. NOW,THEREFORE,IT IS AGREED as follows: A.Subject to paragraph C.4 below,the term of this Agreement shall be for one year from the date of this Agreement.This Agreement shall be automatically renewed for successive one-year periods unless either party gives to the other written notice of termination pursuant to Paragraph C.4. B.This agreement shall be financed solely by the permit fees collected pursuant to Paragraph C.2.a below. C.The parties further agree as follows: 1.The Political Subdivision hereby agrees: a.To enforce the Installation Standards set forth in the Rules and Regulations of the Department of Building and Fire Safety as they apply to installation standards and referenced codes as set forth:1)The Uniform Plumbing Code;2)The National Electrical Code;and,3)Uniform Building Code;all as adopted by the State Installation Standards Committee. b.To enforce the Installation Standards set forth in the Rules and Regulations of the Department of Building and Fire Safety as they apply to accessory structures and referenced codes as set forth:1)The Uniform Building Code;2) Uniform Plumbing Code;3)Uniform Mechanical Code;and, 4)National Electrical Code;all as adopted by the State Installation Standards Committee. 2.The Political Subdivision further agrees: a.That permit fees will be consistent with the Fee Schedule of R4-34-606.2.of the Rules and Regulations of the Department of Building and Fire Safety. b.That no installation,unless personally done by the owner,will be approved unless the installer affixes a State Insignia of Approval as required by R4-34-304 o f the Rules and Regulations of the Department of Building and Fire Safety. 3.The State hereby agrees: a.That should the State require inspections of any portion of the installation of mobile/manufactured homes or accessory structures not required by the applicable codes referred to herein,and not covered under this agreement,the State shall provide the inspections and enforcement thereof. b.That no portion of the fee collected by the Political Subdivision for the inspection of the installation of mobile/manufactured homes pursuant to this Agreement will be required to be paid to the State. -2- 4.This Agreement may be terminated by either party upon giving 30 days prior notice of such cancellation and termination in writing by certified mail to the Political Subdivision or the State,as the case may be.Upon termination of this Agreement any property that may be acquired hereunder shall be retained by the Political Subdivision. 5.This Agreement shall become effective when filed with the Secretary of State. 6.The Assistant Director may void this Agreement pursuant to Arizona Revised Statutes,Section 41-2153.8.5 upon determining that the terms of this Agreement are not being maintained or local fees are not con- sistent with the inspection fees established by the Board of Manufactured Housing. 7.The provisions of Arizona Revised Statutes,Section 38-511 are hereby incorporated by reference. 8.In the event of a dispute,the parties agree to use arbitration to the extent required by Arizona Revised Statutes,Section 12-1518. 9.Pursuant to Arizona Revised Statutes,Section 35-214,political subdivision shall retain for inspection and audit by the State all books, accounts,reports,files and other records relating to the performance of this Agreement for a period of five years after the completion.Upon request by the State,a legible copy of all such records shall be produced by the politi- cal subdivision at the Administrative Office of the Department or at the Office of the State Auditor.The original of all such records shall also be available and produced for inspection and audit when needed to verify the authenticity of a copy. -3- IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: Clerk APPROVED AS TO FORM!: Attorney Building Official Authorized Officlil George Kiefer,Acting Assistant Director Office of Manufactured Housing DEPARTMENT OF BUILDING AND FIRE SAFETY State of Arizona -4-