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HomeMy WebLinkAboutRES 08-23RESOLUTION NO. 08-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE DESIGN,CONSTRUCTION AND MAINTENANCE OF LANDFORM GRAPHICS ON U.S.60 AT IRONWOOD DRIVE,TOMAHAWK ROAD AND GOLDFIELD ROAD. WHEREAS,the State of Arizona ("State")and the City of Apache Junction,an Arizona municipal corporation ("City"), desire to enter into an amended Intergovernmental Agreement ("IGA")allowing City to participate the design,construction and maintenance of landform graphics at the US 60 interchanges at Ironwood Drive, Tomahawk Road, and Goldfield Road; and WHEREAS,City's participation in maintaining these improvements will benefit City by enhancing and beautifying the freeway exits within City limits; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into Intergovernmental Agreements for joint or cooperative action. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1.The Mayor and City Council approve the Amendment No. 2 to Intergovernmental Agreement between the State of Arizona and the City of Apache Junction and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2.Staff shall record such document in the Pinal County Recorder's office within ten (10)calendar days after full execution by both entities. RESOLUTION NO. 08-23 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF JULY I 2008. SIGNED AND ATTESTED TO THIS 15TH DAY OF yor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 71208 RICHARD J. STERN City Attorney RESOLUTION NO. 08-23 PAGE 2 OF 2 JULY ,2008. S. INSALACO ADOT File No.: IGA/ JPA 05-0371 AG Contract No.: KR05-0953TRN Amendment No. 2 Project No.: N/A Project: Ironwood Exit Section: US 60 Interchange TRACS No.: H6615 01C/ 01D Budget Source Item No.: 75307 / 74605 AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION PLEASE DO NOT ENTERTHIS AGREEMENT is entered into this date . 2008. Amendment No. 2 to JPA No. 05-037, A.G. Contract No.: KR05-0953TRN, filed with the Secretary of State under No. 27995, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). I.RECITALS 1.The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2.The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. Article I, Paragraph 4 is amended in full as follows: 4.The State and the City desire to participate in the design, construction and maintenance of landform graphics, constructed of decomposed granite, on all four quadrants of the US 60 interchange at Ironwood Exit, at the US 60 interchange and Tomahawk Exit and at the US 60 interchange and Goldfield Exit, hereinafter referred to as the Project.The State will design and construct the Project. Upon completion and final acceptance, the City will maintain the Project, to include keeping all of the earthen gore areas free of weeds and debris and maintaining and/or repairing the landform graphics as constructed. THEREFORE, in consideration of the mutual Agreements expressed herein, this Agreement is amended as follows: Page 2 Amendment No. 2 1GA/JPA 05-037 EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amended Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO SAM MAROUFKHANI, P.E. Mayor Deputy State Engineer, Development ATTEST: By KATHLEEN CONNELLY Clerk JPA 05-037 Amendment No. 2 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11- 951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of MNI , 2008. City Attorney