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HomeMy WebLinkAboutRES 03-26RESOLUTION NO 03-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.PINAL AND MARICOPA COUNTIES.ARIZONA.APPROVING THE APPLICATION FOR RENEWAL AND SUPPORTING THE CONTINUATION OF THE PINAL COUNTY ENTERPRISE ZONE:APPOINTING A REPRESENTATIVE FROM THE APACHE JUNCTION CITY COUNCIL TO SERVE ON THE ZONE COMMISSION AND AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY AND OTHER MUNICIPALITIES TO FORM THE ENTERPRISE ZONE COMMISSION. WHEREAS.the Arizona Department of Commerce has initiated an Enterprise Zone Program to improve the economies of designated enterprise zones by enhancing opportunities for private investment and job creations in these areas:and WHEREAS.designation of the Pinal County Enterprise Zone,certified on June 1.1991 and renewed on January 1.1996 and January 1.2001 by the Arizona Department of Commerce will terminate on December 31.2003:and WHEREAS.A.R.S.Sections 41-1521 et.seq.authorizes the Pinal County Enterprise Zone Commission.with the approval of its participating jurisdictions,to apply for renewal enterprise zones and designation:and WHEREAS.the Pinal County Enterprise Zone Commission and its participating jurisdictions believe that continuation of the Pinal County Enterprise Zone will enhance local economic development efforts. NOW.WHEREFORE.BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.hereby approve the application for renewal and support continuation of the Pinal County Enterprise Zone and also approve as follows: SECTION 1 That the City of Apache Junction is authorized to enter into an Intergovernmental Agreement in the form attached hereto as Exhibit -A-with participating municipalities and Pinal County for the purpose of establishing the Enterprise Zone Commission within the Zone Boundaries. RESOLUTION NO.03-26 Page 1 of 2 SECTION I I The Zone Boundaries are set forth in Exhibit -B-attached hereto and incorporated herein by reference thereto and wherein there shall be included a portion of the incorporated area of the City of Apache Junction.Pinal County.Arizona. SECTION III The Council.by motion.shall appoint a representative of the Mayor and City Council of Apache Junction to serve on the Enterprise Zone Commission. SECTION IV That the proposed Enterprise Zone as presently configured will satisfy the size,population and.poverty requirements established by the Arizona Department of Commerce. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.THIS 21 st DAY OF October .2003. SIGNED AND ATTESTED TO THIS 21st DAY OF October .2003 DOUGLAS COIEMAN Mayor ATTEST, /1// KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /0*14.03 RICHARD J.STERN City Attorney RESOLUTION NO.03-26 Page 2 of 2 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE MUNICIPALITIES OF APACHE JUNCTION, CASA GRANDE, COOLIDGE, ELOY, FLORENCE, KEARNY, MAMMOTH, AND SUPERIOR FOR CREATION OF AN ENTERPRISE ZONE COMMISSION THIS AGREEMENT is made and entered into this -Z/gi day of C5tc/DA,-, 2003, by and between PINAL COUNTY, an Arizona State political subdivision and the following Arizona municipalities for creation of an Enterprise Zone Commissions:APACHE JUNCTION,CASA GRANDE,COOLIDGE,ELOY, FLORENCE, KEARNY, MAMMOTH, and SUPERIOR. WITNESSETH: WHEREAS, A.R.S. § 41-1521,et seq.,provides for the creation of enterprise zones; and WHEREAS, this program's intent is to improve economically depressed section of communities and the rural areas of the county through the development of job -creating uses; and WHEREAS, A.R.S. Section 41 -1 522 provides that if the proposed enterprise zone includes part or all of one or more incorporated cities or towns, as well as part or all of the unincorporated portion of the county, the governing body of the involved jurisdictions shall establish a joint commission through an Intergovernmental Agreement; and WHEREAS, the councils of the municipalities of Apache Junction, Casa Grande,Coolidge,Eloy,Florence,Kearny,Mammoth,Superior, and the Pinal County Board of Supervisors,desire to form such an Enterprise Zone Commission and each of said entities has adopted an appropriate resolution to create the Enterprise Zone Commission. NOW THEREFORE,in consideration of the mutual promises contained herein, the parties do hereby agree as follows: I.DUTIES OF PARTIES 1.The Enterprise Zone Commission provided for in A.R.S. § 41-1522 shall consist of representatives from the board of supervisors and the governing body of the city or town based on relative population of the incorporated and unincorporated areas within the proposed enterprise zone. 2.The Enterprise Zone Commission may also include a representative of the Ak-Chin Indian Community, Gila River Indian Community, San Carlos Apache Tribe,Tohono O'Odham Nation,each a federally recognized Indian Tribe of Arizona and whose jurisdictions are included in part or all of the proposed Enterprise Zone, if the so elect to be a member of the commission. 3.The Chairman of the Enterprise Zone Commission shall be elected by the members of the Commission. 4.The Zone Administrator shall be appointed by the Commission. 5.The Intergovernmental Agreement shall expire five years after the enterprise zone is designated unless the enterprise zone is renewed for consecutive five year terms as authorized by A.R.S. § 41-1524(C). 6.The members of the Enterprise Zone Commission shall be chosen by each of the respective cities and towns which shall notify each other within sixty (60)calendar days of who they have chosen for membership on the commission selected from their respective Councils. II.DURATION OF AGREEMENT/TERMINATION Pursuant to A.R.S. § 41-1524(C), this Agreement shall be valid for a term of five (5) years and shall automatically be renewed every year thereafter as long as the zone continues to meet the criteria prescribed in A.R.S. § 41-1523. III.ENTIRE AGREEMENT This instrument contains the entire agreement between the parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements,discussions and representations related hereto. No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the parties. IV.CONFLICTS OF INTEREST The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. ATTEST: Kathleen Connelly, City Clerk ATTEST: Gloria Leija, City Clerk ATTEST: Norma Ortiz, City Clerk PARTICIPATING MUNICIPALITIES: APACHE JUNCTION, an Arizona municipal corporation By:Douglas'Coleman Its:Mayor CASA GRANDE, an Arizona Municipal Corporation By:Charles Walton Its:Mayor COOLIDGE, an Arizona Municipal Corporation By:Wilbur Wuertz Its:Mayor 3 ATTEST: Mary RidgeII, City Clerk ATTEST: Lisa Garcia, Town Clerk ATTEST: Margaret Gaston, Town Clerk ATTEST: Patsy Large, Town Clerk ELOY, an Arizona Municipal Corporation By:Manuel Salas Its:Mayor FLORENCE, an Arizona Incorporated Town By:Patsy Padilla -Williams Its:Mayor KEARNY, an Arizona Incorporated Town By:Debra Sommers Its:Mayor MAMMOTH, an Arizona Incorporated Town By:Karl Foster Its:Mayor 4 SUPERIOR, an Arizona Incorporated Town By:Michael Hinq Its:Mayor ATTEST: Rita Wentzel, Town Clerk PINAL COUNTY, an Arizona State political subdivision By:Sandi Smith Its:Chairperson ATTEST: Stanley Griffis, Clerk of the Board COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. 16. 14.03 Richard J. Stern, Apache Junction City Attorney Date Kay Bigelow, Casa Grande City Attorney Date Denis Fitzgibbons, Coolidge City Attorney Date Garye L. Vasquez, Eloy City Attorney Date James Mannato, Florence Town Attorney Date 5 Steve Cooper, Kearny Town Attorney Date Joseph Georgini, Mammoth Town Attorney Date William L. Tift, Superior Town Attorney Date Robert Carter Olson, Pinal County Attorney Date 3S 5S 7S SS IOS Enterprthe Zone 2 Detailed View 0410 3E 4E 5E 6E 17 111 .0490 EXHIBIT B I N =9;3 • •04•-„3.03 I 306 7E 2.00 0412 21 SE / /9E 10E 1 IE I2E 13E 2.01 Enterprise Zones In Pinal County Legend Enterprise Zone Area 1 D Enterprise Zone Area 2 ISE