HomeMy WebLinkAboutRES 97-21RESOLUTION NO.97-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,APPROVING PRELIMINARY SUBDIVISION PLAT,CASE NO.SD -97-05,BY
DELAWARE AND SOUTHERN PARTNERSHIP,PHOENIX,ARIZONA.
WHEREAS,the subdivider in case SD -97-05 proposes to subdivide 20.08
acres in the Northeast corner of South Delaware Drive and West Southern Avenue
into 96 residential lots pursuant to Article 6.2 of Chapter 4 of Title 9.
Arizona Revised Statutes,and pursuant to the Apache Junction Subdivision
Regulations:and
WHEREAS,the Apache Junction Planning and Zoning Commission held a
public hearing regarding SD -97-05 on June 10,1997 and recommended approval of
SD -97-05 by a vote of 7 to 0;and
WHEREAS,this Council finds this proposed subdivision to be consistent
with the Medium Density/Planned Development (3.5 -5.5 du/ac) designation of
the Apache Junction General Plan;and
WHEREAS,this Council finds this proposed subdivision to be in
compliance with the Apache Junction Zoning Ordinance and the Apache Junction
Subdivision Regulations;and
WHEREAS,this Counci 1 finds that the sti pul ations requi red for this
subdivision are necessary for sound and orderly community development,for
preservations of community values and for the promotion of the general health,
safety,convenience,and welfare of the citizens of Apache Junction.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City
of Apache Junction, Arizona,that:
Said preliminary subdivision plat,SD -97-05,an unnamed subdivision by
Delaware and Southern Partnership,be conditionally approved subject to the
following stipulations and conditions:
1.That the side setbacks be 5 feet and 10 feet.
RESOLUTION NO.97-21
PAGE ONE OF THREE
2.That the rear setbacks be:if 18 feet in the front then 22 feet in
the rear,and if 20 feet in the front then 20 feet in the rear.
3.Minimum lot area will be 5500 SQFT.
4.Minimum lot width will be 50 feet,and further that the City
Council consider requiring the reconfiguration of the open space.
5.All open space and retention basin tracts will be maintained by a
Home Owners Association.
6.Development of this project will comply with the Uniform Building
Code and all other applicable standards as adopted by the City of
Apache Junction.
7.All requirements of the City Engineer will be met with regard to
off -site improvements,grading and drainage requirements,and all
on -site improvements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS c i -H DAY OF AHOST .199 .
SIGNED AND ATTESTED TO THIS 5TH DAY OF AUGUST ,1997 .
14.31014-Co6vet,
DOUGLAS/COLEMAN
Mayor
ATTEST:
/
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO.97-21
PAGE TWO OF THREE
APPROVED AS TO FORM:
2 i 6 L :Pit4A-41/
WILLIAM FARRELL
Interim City Attorney
RESOLUTION NO.97-21
PAGE THREE OF THREE
State of Arizona
DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS
GRANT ADMINISTRATION
INTERGOVERNMENTAL AGREEMENT (IGA) INSTRUCTIONS
Titles I and III
Enclosed is the Project Agreement finalizing grants of the Library Services and
Construction Act.
PLEASE NOTE:Before the Intergovernmental Agreement (IGA) is approved by the
Attorney General, a certified copy of a Resolution or Ordinance by your political
subdivision must be attached.The Resolution must contain the following:
1.The authority (code, statute, etc.) under which your political subdivision is
entitled to enter into a contract for the specific activities described in both
the contract and the application.
2.The amount of funds to be expended by the political subdivision, (local
funds), and the amount of funds being accepted from LSCA, (grant funds).
3.Authorization for the named person who is to sign the contract on behalf
of the political subdivision.
Along with an official Resolution or Ordinance, the completed IGA you return to this
office must include:
1.Page one, paragraph one — The verification and or completion of the
statutory authority information.
2.Page three,upper right-hand corner (Political Subdivision)—The
signature of the person named in the Resolution or Ordinance as
authorized to execute the agreement, along with that person's title, name
of the political subdivision, and date.
3.Page three, middle of page — The signature and date of the attorney for
the political subdivision.
Only one copy of the fully -executed agreement (IGA) will be returned to you unless you
request otherwise.
This office will rely, for the most part, on one Contact person for each subgrant.The
fully -executed agreement will be returned to the library or agency person who made the
application, unless you request otherwise.
ADGF 03C R 8/94 F - 1
DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS
LIBRARY SERVICES AND CONSTRUCTION ACT
TITLE I PROJECT AGREEMENT
FY 96 —Apache Junction Public Library
This Agreement is made and executed by and between the State of Arizona Department of Library,
Archives and Public Records ("Department") acting under authority of A.R.S. § 41-1336, and the
City of Apache Junction acting under the authority of A.R.S. §9-42(1
for the Apache Junction Public Library
("Library").The parties intend that the Library administer certain functions, hereinafter described.
The purpose of this Agreement is to enhance library services which the Library provides to the
people of the City of Apache Junction.
II.The parties agree that the Library will:
1.Spend the monies allocated under this Agreement only for the following project:
Grant #96-I-2-(314)
"Improving Public Access"
The application for this grant is made a part of this agreement.
2.Submit brief descriptive progress reports each quarter as requested by the Department,
and a detailed description and evaluation report upon completion of the project.
3.Upon completion of the project, submit to the Department a certified report of total
expenditures by October 31, 1997.
4.Maintain records of all books, accounts, reports, files and other records relating to the
project for five fiscal years after completion of the project, which records shall be
subject to inspection and audit by the State of Arizona under A.R.S. § 35-214 and
available to the Department upon request.
5.Maintain inventory records of all moveable equipment and furniture acquired with
grant funds having a useful life of one year or more and costing more than $1,000.00.
6.All promotional materials,press releases, bibliographies, reports and other such
publications resulting from an LSCA grant project must contain the following
acknowledgement:
This project was funded in part with funds granted by the Department of Library,
Archives and Public Records under the Library Services and Construction Act, State
Administered Program,as amended.
7.Dispose of any property acquired under this grant in, accordance with federal
regulations as interpreted by the Department.
ADGF IGA-I R 3 /9 3 G - 1
8.Comply with all federal and state laws and regulations applicable to this program.
These include,but are not limited to, 20 U.S.0 § 351 et. seq. (Public Library and
Construction Act), 34 CFR Part 770 (Federal Regulations pertaining to the LSCA), 34
CFR Parts 74 through 86 (Education Department General Administrative Regulations),
the Basic State Plan (which is an agreement between the State of Arizona and the
•federal government under the LSCA), and A.R.S. §§ 41-1331 through 41-1353•The
City of Apache Junction shall not discriminate against any employee, or
applicant for employment, in violation of Federal Executive Order 11246,State
Executive Order 75-5 or A.R.S. §§ 41-1461 through 1465.
9.Indemnify the Department and the State of Arizona and hold them, their officers,
agents and employees harmless against any and all liability, loss, damages, costs and
expenses of any kind, for or on account of any and all suits, claims, actions or damages
brought or sustained by any person or property by virtue of any alleged act, omission,
fault, mistake or negligence of Library, its employees, agents representatives or
subcontractors and their employees, agents, representatives or subcontractors in
connection with or incident to the performance of this Agreement.
III.The parties further agree that this project will be administered by the Department, and that
such administration will consist of:
1.Providing the Library $43,500 for the above -described project; however, this
obligation is contingent upon the Department's receiving LSCA funds which the
Department determines may be properly used for payment of the grant under this
Agreement.Funds will be paid in quarterly installments upon receipt of previous
report.
2.Monitoring project progress and making status and project completion reports to the
federal government.
3.Rendering assistance as may be needed to promote the success of the project.
IV.The parties further agree that:
1.This Agreement takes effect when filed with the Secretary of State and terminates on
September 30,1996 except that upon written request of the Library and written
approval of the Department, the Agreement may be extended.
2.Pursuant to A.R.S. § 38-511, this Agreement is subject to cancellation, within three
years after its execution,without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the State, its political subdivisions or any of the departments or
agencies of either is, at any time while the contract or any extension of the contract is in
effect, an employee or agent of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the
contract.
3.The Library may terminate this Agreement upon thirty (30) days written notice to the
Department.In the event of such termination, the Library will not commit any
additional funds pursuant to this Agreement and will promptly return any uncommitted
funds in its possession to the Department.
4.In the event of a dispute, the parties agree to use arbitration to the extent required by
A.R.S. § 12-1518.
ADGF IGA-I R 3/93 G - 2
In Witness Whereof, the Department and the Library have caused this Agreement to be executed.
DEPARTMENT (DLAPR):POLITICAL SUBDIVISION:
(Authorized Signature)(Authorized Signature)
Acting Director
(Title)(Title)
Department of Library, Archives and Public Records
(Date)
(Political Subdivision)
(Date)
Certified by the Attorney for the City of Apache Junction that this Agreement is in the proper
form and within the powers and authority of the City of Apache Junction.
ky for the/City cog Apache 'Junction
This I lk day of , 19 r‘ .
Pursuant to A.R.S. § 11-952, the undersigned Assistant Attorney General has determined that the
foregoing Intergovernmental Agreement is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to the Department of Library, Archives and Public
Records.
GRANT WOODS, ATTORNEY GENERAL
BY:
Assistant Attorney General
This day of ,19 .
ADGF IGA-I R 3/93 G -3
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 34 CFR Part 85, Section 85.510, Participants' responsibilities.The regulations were
published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).Copies of the
regulations may be obtained by contacting the person to which this proposal is submitted.
( BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1)The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2)Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
APACHE JUNCTION PUBLIC LIBRARY
Name and Title of Authorized Representative
Signature Date
"Inproving Public Access"964-2-(34)FY 96
Name of Subgrant Project Federal Fiscal Year
ED Form GCS -009, 6/88
Instructions for Certification
1.By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2.The Certification in this clause is a material representation of fact upon which reliance Was placed
when this transaction was entered into.If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and„voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.You may contract the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5.The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6.The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7.A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous.A
participant may decide the method and frequency by which it determines the eligibility of its
principals.Each participant may, but is not required to, check the Nonprocurement List
(Telephone Number).
8.Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause.The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
ED Form GCS -009, 6/88 1 -3