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HomeMy WebLinkAboutRES 16-20RESOLUTION NO. 16-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ACCEPTING FOR CONSIDERATION FOR FUTURE PLANNING PURPOSES THE "APACHE JUNCTION TRAIL CONNECTIVITY,DOWNTOWN VISIONING AND STATE LAND VISIONING:CONNECTING PAST,PRESENT AND FUTURE" CONCEPTUAL PLAN, PREPARED BY THE ARIZONA STATE UNIVERSITY,MASTERS IN URBAN AND ENVIRONMENTAL PLANNING ("MUEP"), CAPSTONE PROJECT GROUP. WHEREAS, throughout the years, the City of Apache Junction has conducted several visioning and other types of studies, including studies for the downtown core area, the Apache Trail corridor,commercial design guidelines,equestrian,biking and hiking trails,Lost Dutchman Heights area,redevelopment districts and other studies; and WHEREAS, the concepts presented in some of the studies were eventually codified and incorporated into such documents as the city's General Plan,Zoning Ordinance,Engineering Guidelines and Parks and Recreation master plans, among others; and WHEREAS, the city constantly seeks input from the community towards developing a consensus on good ideas on a wide variety of topics to guide the development of the city into the future; and WHEREAS, in 2016 the ASU MUEP Capstone Group partnered with Apache Junction and helped the city to synthesize and consolidate many of the ideas presented in said studies, along with new input and new ideas from the community through a series of community workshops, public meetings and surveys; and WHEREAS, the ASU Capstone Group focused on three important study areas affecting the city,including trails and connectivity,the downtown area and the areas south of US60, including the State Lands areas; and WHEREAS,the ASU Capstone Group has prepared a conceptual planning document with their findings and suggestions for the city called "Apache Junction Trail Connectivity,Downtown Visioning and State Land Visioning; Connecting Past, Present and Future"; and Resolution No. 16-20 Page 1 of 2 WHEREAS, after reviewing the document, receiving input from the community,as well as the city's Planning and Zoning Commission and Parks and Recreation Commission, the City Council welcomes and accepts the ASU MUEP Capstone Group "Apache Junction Trail Connectivity,Downtown Visioning and State Land Visioning;Connecting Past,Present and Future"conceptual planning document as a document for staff and community leaders to further study and from which ideas and concepts may be derived,further refined and implemented and/or codified in the future; and WHEREAS, the Mayor and City Council also wish to thank the ASU MUEP Capstone Project Group and Professor Joochul Kim for their hard work,time,efforts and contribution to the community. NOW,THEREFORE,BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction, Arizona, hereby accepts for consideration for future planning purposes,the "Apache Junction Trail Connectivity,Downtown Visioning and State Land Visioning; Connecting Past, Present and Future" conceptual plan, as attached in Exhibit "A". PASSED AND ADOPTED BY THE MAYOR ND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS ,,,Y.1)DAY OF A2-0/, 2016. SIGNED AND ATTESTED TO THIS 3,46 DAY OF MAY/, 2016. A HN S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4$6 RICHARD JOEL STERN City Attorney RESOLUTION NO. 16-20 PAGE 2 OF 2 RESOLUTION NO.16-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FISCAL YEAR 2016 COMMUNITY ORIENTED POLICING SERVICES ("COPS") HIRING PROGRAM FOR A SCHOOL RESOURCE OFFICER. WHEREAS, the City of Apache Junction is desirous of undertaking community policing activities; and WHEREAS, the U.S. Department of Justice ("DOJ"), Office of Community Oriented Policing Services, is administering the COPS Hiring Program for a School Resource Officer; and WHEREAS, DOJ requires the requested COPS funds address one of the three funding objectives, which include; 1) Hiring a new officer; 2) Rehiring laid off officers; and 3) Rehiring scheduled laid off officers; and WHEREAS, the city's request for funds to hire a School Resource Officer will advance public safety through community policing; and WHEREAS, the COPS Hiring Program requires a 25% local match to be committed and authorized in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant's legal counsel that the funding appropriation represents a binding commitment and is legally enforceable under federal laws; and WHEREAS, the COPS Hiring Program requires the retention of the officer for 12 -months following the completion of the 36 -month grant cycle (minimum term of four years); and WHEREAS, a grantee of COPS Hiring funds is required to comply with the program guidelines and federal statutes and regulations; and NOW, THEREFORE, BE IT RESOLVED by the mayor and city council of the City of Apache Junction as follows: RESOLUTION NO. 16-21 PAGE 1 OF 3 SECTION 1: Staff is authorized to submit applications to the DOJ for the Fiscal Year 2016 COPS Hiring Program, and the mayor and/or his designee is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of COPS Hiring funds for the hiring of one full time sworn officer to accept the role of a School Resource Officer. SECTION 2: The mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications. SECTION 3: The mayor and city council hereby commit $172,858.54 in funds to be used for salary and fringe benefits for one full-time sworn officer, contingent upon the receipt of the proportionate grant funding assistance. SECTION 4: The mayor and city council hereby commit to the retention of one full-time sworn officer for a minimum of 12 -months following the 36 -month grant cycle,contingent upon the receipt of the proportionate grant funding assistance. SECTION 5: The City of Apache Junction shall comply with all COPS Hiring Program guidelines, federal statutes and regulations applicable to the COPS Program and certifications contained in the application. RESOLUTION NO. 16-21 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND ICITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS 0 2 /6 1 -DAY OF 2016. SIGNED AND ATTESTED TO THIS ,2 /6 7 bAy OF j u i v e ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO.16-21 PAGE 3 OF 3 2016. RESOLUTION NO. 16-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY2015-16 STATE HOUSING FUND APPLICATION. WHEREAS, the City of Apache Junction has adopted Resolution No. 16-23 which authorizes submission of an application(s) to the State of Arizona, Department of Housing ("ADOH") for State Housing Fund ("SHF") funds for FY2015-16; and WHEREAS, the application (s) indicate that $30,000 will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be combined with state funds to complete the program; and WHEREAS, the SHF program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion b y the applicant's legal counsel that the leveraged funds represent a binding commitment, legally enforceable under state law. 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 hereby commit $30,000 in funds and resources to the SHF program, to be used for project costs, contingent upon the receipt of the FY2015-16 SHF assistance. 2) That the mayor and city council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the city attorney, and that such funds will be available for an audit at the termination of the grant, if so required by ADOH. RESOLUTION NO. 16-22 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY v APACHE JUNCTION, ARIZONA, THIS f'd-irDAY OF 2016 SIGNED AND ATTESTED TO THIS Z /DAY OF 2016. I# JO S.INSA7 ACO Ma .r ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 16-22 PAGE 2 OF 2 RESOLUTION No. 16-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF APPLICATION(S)FOR FY2015-16 STATE HOUSING FUNDS, WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS, CERTIFYING THAT SAID APPLICATION (S)MEET THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS,AND AUTHORIZING ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION(S). WHEREAS,the City of Apache Junction is desirous of continuing affordable housing development activities; and WHEREAS,the State of Arizona is administering the State Housing Fund Program; and WHEREAS, the State Housing Fund requires that State Housing Funds benefit low income households; and WHEREAS,the activity in the application addresses the community's low-income population housing needs; and WHEREAS, a recipient of State Housing Funds is required to comply with the program guidelines,state and federal statutes and regulations. NOW, THEREFORE, BE IT RESOLVED THAT BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The mayor and city council of the City of Apache Junction authorize applications to be made to the State of Arizona for funding from the State Housing Fund. 2)Mayor John S. Insalaco is authorized to sign applications and contracts or grant documents for receipt and use of these funds. 3)Mayor John S. Insalaco is authorized to take all actions necessary to implement and complete the activities submitted in said applications. RESOLUTION NO. 16-23 PAGE 1 OF 2 4) The mayor and city council of the City of Apache Junction will comply with all State Housing Fund Program Guidelines, state and federal statutes and regulations applicable to the State Housing Fund Program (HOME program and/or State Housing Trust Fund) and the certifications contained in the application(s) . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS QPIDAY OF j1L1J4E 2016. SIGNED AND ATTESTED TO THIS.:2/7—DAY OF AWE 2016. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 16-23 PAGE 2 OF 2 RESOLUTION NO. 16-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 11TH AVENUE FROM CORTEZ ROAD TO STAGECOACH ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX- 16 -24, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, AZ (the "City"), upon incorporation became the holder of federally patented easements ("FPEs") as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S. §§ 9-500.24 and 28-7214; and WHEREAS, on July 11, 2016, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to City Code § 13-2-4 (H); and WHEREAS, pursuant to City Code § 13-2-4, the director of public works, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director and the Public Safety Director; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. RESOLUTION NO. 16-24 PAGE 1 OF 4 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 find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the street classification plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes. 2. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR 4 A D CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1/1 DAY OF.M A:440715,IEW2016. SIGNED 6-034-AND ATTESTED TO THIS .DAY OF ;5gionV01664,2016. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 16-24 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-024C) The South thirty-three feet (33') of the Northwest quarter of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West forty feet (40') and the East thirty three feet (33') THEREOF; PARCEL 2 (Adjacent to parcel 103-18-025D) The North thirty-three feet (33') of the Southwest quarter of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West forty feet (40') and the East thirty three feet (33') THEREOF; RESOLUTION NO. 16-24 PAGE 3 OF 4 EXHIBIT "B" 9TH AVENUE 10TH_ __AVENUE !-I ..ik ••••• 4 • 1 4 • .0 ••......*4 0 * w&12-123g < x x wr 0-24-A 0 40' 40' 024C '4 7•02-122 0250 A 4 025C -i2TH cc 0 la 40' I x ST A G E C O A C H A—V—HENUE KVENUE2 <I AVENU±IE 66'--A 33' _ 33' 3 ' 1- TYPICAL FPE/ROW DIMENSION (UNLESS OTHERWISE NOTED) LEGEND KYX .k1 PROPOSED EXTINGUISHMENTPREVIOUSLY EXTINGUISHEDDEDICATED RIGHT—OF—WAY(To REMNN)vw .._........,--- ROAD CENTERLINE- — —' FEDERAL PATENT EASEMENTPROPERTY LINE 119-086 PATENT DEED(S)RESOLUTION NO.16-24 RESOLUTION NO. 16-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS,in 2002,Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS,a portion of this state -shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities,towns o r counties for government services that:1) benefit the general public;2)mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not -for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application.Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12%share itself and has adopted guidelines and procedures for this new program; and WHEREAS,the Community developed an expanded list of "priority areas"for which funding will be concentrated, including public safety,transportation,healthcare services, economic development,and education. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authorized to submit an application,on behalf of Superstition Fire and Medical District, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized RESOLUTION NO. 16-25 PAGE 1 OF 3 to sign the application,contracts and grant documents for receipt and distribution of the Proposition 202 funds for the purchase of smoke detectors in an amount not to exceed $23,000.00. Section 2: The Mayor is authorized to execute a grant pass -through agreement between the City of Apache Junction and the Superstition Fire and Medical District for use of the funds if the grant is awarded. Section 3: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4: The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5: The City has no duties under or related to this resolution other than to receive the funds and deliver same to Superstition Fire and Medical District;the determination as to the amount of funding is solely a t the discretion of the Gila River Indian Community.All parties agree there are no third -party beneficiaries to this document. Section 6: If awarded funding,Superstition Fire and Medical District shall provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7: The City Council supports this grant request for funding and if RESOLUTION NO. 16-25 PAGE 2 OF 3 awarded will administer the funds directly to Superstition Fire and Medical District as a pass -through grant. PASSED AND ADOPTED BY THE MAYOR ANELSITY COUNCAL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 10pAY OF /44151r ,2016. SIGNED AND ATTESTED TO THIS -/b14 DAY OF /11 314S1r., 2016. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 16-25 PAGE 3 OF 3 RESOLUTION NO. 16-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RATIFYING THE JULY 18, 2016 EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF MESA AND APACHE JUNCTION FOR EMERGENCY TRAFFIC SIGNAL REPAIR AND MAINTENANCE SUPPORT SERVICES. WHEREAS,the City of Apache Junction ("Apache Junction") and the City of Mesa ("Mesa")desire to enter into an intergovernmental agreement ("IGA")for Mesa to provide emergency' traffic signal repair and maintenance support services for a limited period of time that would result in public savings; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The execution by the mayor of the attached copy of the IGA between the cities of Mesa and Apache Junction for emergency traffic signal repair and maintenance support services is approved by ratification. 2)The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS ( * D A Y OF401-100102016. SIGNED AND ATTESTED TO THIS Co*DAY OFa-491/642016. Ap.RN S. INSALACO Llgayor RESOLUTION NO. 16-26 PAGE 1 OF 2 a6,,, ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 813o,te RICHARD J. STERN City Attorney RESOLUTION NO. 16-26 PAGE 2 OF 2 AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNAL REPAIR AND MAINTENANCE 9A-This Agreement is made and entered into this i10 day of 2016, by and between the City of Mesa ("Mesa"), an Arizona municipal corporation, and the City of Apache Junction ("AJ"), an Arizona municipal corporation.In this Agreement, Mesa and AJ may be collectively referred to as "Parties" or individually as a "Party." RECITALS WHEREAS,AJ is in need of assistance with the City traffic signals for a limited period of time; and WHEREAS,Mesa has the ability and resources to provide technical assistance relating to traffic signal emergency repair and maintenance for a limited period of time; and WHEREAS,Mesa agrees to provide traffic signal emergency repair and maintenance to AJ upon request pursuant to the terms set forth in this Agreement. NOW THEREFORE,in consideration of the reciprocal promises contained herein and for other good and valuable consideration, which the Parties acknowledge the receipt and sufficiency, the Parties agree to the following: TERMS 1.Mesa Responsibilities. a.Mesa will provide emergency repair and maintenance on traffic signals to AJ upon request by AJ and so long as Mesa has the resources available to provide such services.Emergency repair and maintenance services shall consist of the following: i.Assistance with flash calls on an as -needed basis ii.Coverage of stand-by time on a periodic basis Other services as mutually agreed upon b.Mesa will serve at the direction of the AJ City Engineer who shall direct the work. The AJ City Engineer shall remain responsible for all traffic signal operations within AJ and nothing in this Agreement shall be construed to change that responsibility to Mesa. c.Mesa will invoice AJ for services performed at AJ's request within thirty (30) days of completing the service. 2.AJ Responsibilities. a.AJ will request service from Mesa for traffic signal outages and traffic signals in need of maintenance with details of location and problems of the traffic signal via email.Such service shall be requested at the direction of the AJ City Engineer. b.AJ shall remain fully responsible for all traffic signal operations within AJ. c.AJ will pay invoices received for Mesa's services pursuant to this Agreement within thirty (30) days of receipt of the invoice. d.To the fullest extent permitted by law, AJ will pay, defend, protect, indemnify and save harmless individually and collectively Mesa and its officials,elected officials, employees, volunteers, and agents, for, from and against all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and costs), causes of action (whether in contact, tort, or otherwise), suits, claims, demands, and judgments of every kind,character and nature whatsoever directly or indirectly arising from or relating to Mesa's performance of services under this Agreement, except to the extent caused by Mesa's negligence. e.AJ will maintain at its expense and in full force during the term of this Agreement, public liability and property damage insurance with the following coverages amounts: i.No less than $500,000 Bodily Injury — Each Person ii.No less than $2,000,000 Bodily Injury — Each Occurrence iii.No less than $2,000,000 Property Damage AJ shall furnish to Mesa a certificate evidencing the fact that such insurance has been obtained and is in full force and effect during the entire term of this Agreement, and that such insurance cannot be cancelled without thirty (30) days prior written notice to Mesa. 3.Term and Termination.This Agreement shall take effect on \J tag I X , 2016, and shall automatically terminate twelve (12) months from the effective date.This Agreement may be terminated without cause by either party upon seven (7) days written notice to the other party. 4.Relationship of the Parties.Mesa and AJ shall perform the duties pursuant to this Agreement as independent agencies.This Agreement shall not create the relationship of employer and employee, partnerships, joint venture or other association.The personnel of AJ or of Mesa will not for any purpose be considered employees or agents of the other. 2 5.Right of Cancellation.This Agreement is subject to cancellation by either party pursuant to the provisions of Arizona Revised Statutes § 38-511. 6.Notices.All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or by United States certified, registered mail return receipt requested, addressed as follows: Mesa:Avery Rhodes, P.E. ITS Engineer City of Mesa PO Box 1466 Mesa, Arizona 85211 (480) 644-4960 AJ: Shane Kiesow Public Works Manager City of Apache Junction 575 E. Baseline Ave. Apache Junction, Arizona 85119 (480) 474-8516 Such addresses may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 7.Entire Agreement.This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.This Agreement supersedes any prior written or oral agreements between the parties.Any changes or modifications to this Agreement shall be made and agreed to by the Parties in writing. 8.Governing Law.This Agreement shall be governed and construed in accordance with the laws of the State of Arizona.Venue shall rest in Maricopa County, Arizona. ATTEST: By: Dee Ann Mickelsen, City Clerk CITY OF MESA, ARIZONA, an Arizona municipal corporann, /v 1/ .. 41/Yfr icV n g,kfrBy:Chris, B Its: 3 CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation 4 A- 42 -et John S. Insalaco It's:Mayor A lIEST: By: Kathy Connelly,Connelly, City Clerk ,e z 02 e /6 e; 4 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 u51er the laws of the State of Arizona. Vighee Jim SrOfh, Mesa City Attorney Date 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. 4•5•16 Richard J. Stern, Apache Junction City Attorney Date 5 RESOLUTION NO. 16-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON AUGUST 30, 2016. WHEREAS, the City of Apache Junction, Pinal and Maricopa Counties, Arizona, did hold a primary election on the 30th day of August, 2016, for the nomination of a mayor and three councilmeMbers and Proposition 410, a proposition for the extension of a Local Alternative Expenditure Limitation (home rule option); and WHEREAS, the election returns have been presented to and have been canvassed by the city council. NOW, THEREFORE, BE IT RESOLVED by the mayor and council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, as follows: SECTION 1.That the total number of ballots cast at said primary election, as shown by the attached reports from Pinal and Maricopa Counties, marked as Exhibit A-1 through A-10, was 4,827. SECTION 2.That the number of ballots rejected, as shown by the attached reports from Pinal and Maricopa Counties, marked as Exhibit A-1 through A-10, was 21. SECTION 3.That the votes cast for the candidates for mayor were as follows: Name Vote Total Insalaco, John 2,085 Serdy, Jeff 2,544 SECTION 4.That the votes cast for the candidates for councilmember were as follows: Name Vote Total Barker, Robin 2,244 Durbala, Joe 632 Heck, Peter 1,252 Johnson, Jim 1,104 Schroeder, Robert 1,263 Standage, Wayne 899 Stosel, K.F. "Kenny"683 Struble, Jeff 1,614 Wilson, Chip 1,980 RESOLUTION NO. 16-27 PAGE 1 OF 3 SECTION 5. That the votes cast for Proposition 410 for the extension of the Local Alternative Expenditure Limitation (home rule option) were as follows: For the Proposition 3,444 Against the Proposition 1,023 SECTION 6.That it is hereby found, determined and declared of record that the following three candidates did receive more than the required number of valid votes cast for the offices sought in accordance with Arizona Revised Statutes § 9-821.01 and are hereby issued certificates of election: Serdy, Jeff Barker, Robin Wilson, Chip SECTION 7.That it is hereby found, determined and declared of record that the following two candidates did receive the next greatest number of votes of the electors of the city voting at said primary election in accordance with Arizona Revised Statutes § 9-821.01 and shall have their names placed on the general municipal election ballot of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, to be held on the 8th day of November, 2016 and are hereby issued certificates of nomination: Struble, Jeff Schroeder, Robert SECTION 8.This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, THIS /y7711-- DAY OF ,6a,0/010145e,2016. SIGNED AND ATTESTED TO THIS /4?-14 DAY OF 46PTE4/6.19XL 2016. ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 16-27 PAGE 2 OF 3 APPROVED AS TO FORM: OggP 9 11 6 ai e RICHARD J. STERN City Attorney RESOLUTION NO.1 6-2 7 PAGE 3 OF 3 SUMMARY REPT-GROUP DETAIL RUN DATE:09/05/16 09:15 AM PINAL COUNTY.ARIZONA PRIMARY ELECTION AUGUST 30.2016 FINAL CUMULATIVE REPORT TOTAL VOTES X EV POLL PROV LATE EV MAYOR CITY OF APACHE JUNCTION (VOTE FOR)1 INSALACO,JOHN S ........2,062 44.97 1,131 465 33 433 SEROY,JEFF ..........2,511 54.77 1,293 626 60 532 WRITE-IN ...........12 .26 7 3 0 2 Total .........4,585 2.431 1.094 93 967 Over Votes .........4 3 0 0 1 Under Votes .........175 105 26 4 40 COUNCIL MEMBER CITY OF APACHE JUNCTION (VOTE FOR)3 BARKER,ROBIN .........2,208 19.13 1,284 441 36 447 DURBALA,JOE .........626 5.42 339 146 13 128 HECK,PETER ........... 1.237 10.72 584 309 26 318 JOHNSON,JIM .........1.087 9.42 632 252 14 189 SCHROEDER. ROBERT ........1.243 10.77 654 285 28 276 STANDAGE,WAYNE ........887 7.68 472 229 10 176 STOSEL.K.F.'KENNY' .......677 5.87 365 175 19 118 STRUBLE,JEFF .........1,602 13.88 868 396 33 305 WILSON,CHIP .........1,958 16.96 1,018 492 34 414 WRITE-IN ...........17 .15 8 5 0 4 Total .........11,542 6,224 2,730 213 2,375 Over Votes .........45 24 12 0 9 Under Votes .........2,705 1,369 618 78 640 PROPOSITION 410 CITY OF APACHE JUNCTION (VOTE FOR)1 YES ............3,407 77.22 1,745 827 66 769 NO .............1,005 22.78 576 232 23 174 Total .........4,412 2,321 1.059 89 943 Over Votes .........1 1 0 0 0 Under Votes .........351 217 61 8 65 1 -x%z4 JURISDICTIONAL CANVASS CITY OF APACHE JUNCTION RUN DATE:09/05/16 08:38 AM VOTES PERCENT VOTES PERCENT COUNCIL MEMBER CITY OF APACHE JUNCTION 01 = BALLOTS CAST 4,764 (VOTE FOR)3 MAYOR CITY OF APACHE JUNCTION 05 = BARKER,ROBIN 2,208 19.13 (VOTE FOR)1 06 - DURBALA,JOE 626 5.42 02 ... INSALACO.JOHN S.2.062 44.97 07 = HECK,PETER 1,237 10.72 03 = SERDY,JEFF 2.511 54.77 08 - JOHNSON.JIM 1,087 9.42 04 - WRITE-IN 12 .26 09 - SCHROEDER,ROBERT 1,243 10.77 10 - STANDAGE,WAYNE 887 7.68 11 = STOSEL,K.F.°KENNY "677 5.87 12 = STRUBLE,JEFF 1.602 13.88 13 = WILSON,CHIP 1,958 16.96 14 = WRITE-IN 17 .15 01 02 03 04 05 06 07 08 09 10 11 12 13 14 0040 40 APACHE JCT SUPERSTITION 381 157 196 1 188 52 80 77 110 56 54 119 147 1 0042 42 APACHE JCT NW 351 139 203 0 166 52 88 89 87 63 46 119 149 1 0043 43 APACHE JCT SW 656 322 307 1 330 102 176 153 161 125 92 212 224 2 0044 44 APACHE JCT SE 616 245 339 6 235 72 159 157 162 129 88 220 246 3 0045 45 APACHE JCT NE 232 96 132 0 96 19 81 57 61 40 30 83 121 1 0046 46 APACHE JCT EAST 279 118 147 0 143 33 68 62 76 51 78 80 100 0 0047 47 APACHE JCT CENTRAL 515 245 246 0 248 68 106 114 126 104 62 172 216 2 0056 56 APACHE JUNCTION NORTH 384 151 221 0 178 52 100 90 89 87 57 135 154 1 0057 57 APACHE JUNCTION N.CENTRAL 132 59 73 0 56 10 33 37 30 27 12 51 75 0 0058 58 APACHE JUNCTION E.CENTRAL 366 132 221 3 178 39 105 66 73 56 48 124 213 5 0059 59 APACHE JUNCTION SOUTH 505 231 259 0 251 70 135 101 181 87 70 169 173 0 0063 63 APACHE TRAIL 347 167 167 1 139 57 106 84 87 62 40 118 140 1 JURISDICTIONAL CANVASS CITY OF APACHE JUNCTION RUN DATE:09/05/16 08:38 AM PROPOSITION 410 CITY OF APACHE JUNCTION (VOTE FOR)1 01 - YES 02 = NO 01 02 0040 40 APACHE JCT SUPERSTITION 258 92 0042 42 APACHE JCT NW 234 79 0043 43 APACHE JCT SW 475 131 0044 44 APACHE JCT SE 437 142 0045 45 APACHE JCT NE 169 42 0046 46 APACHE JCT EAST 207 47 0047 47 APACHE JCT CENTRAL 389 87 0056 56 APACHE JUNCTION NORTH 262 97 0057 57 APACHE JUNCTION N.CENTRAL 99 20 0058 58 APACHE JUNCTION E.CENTRAL 263 87 0059 59 APACHE JUNCTION SOUTH 366 98 0063 63 APACHE TRAIL 248 83 VOTES PERCENT 3,407 77.22 1.005 22.78 d -g Kathy Connelly From:Michele Forney <Michele.Forney@pinalcountyaz.gov> Sent:Thursday, September 08, 2016 8:24 AM To:Kathy Connelly Subject:RE: Apache Junction Election Results Kathy, The following details the provisional ballots for each of the precincts that contained AJ candidates on the ballot: PCT 40-5 provisional ballots, 5 were verified PCT 42 — 14 provisional ballots, 12 were verified PCT 43 — 11 provisional ballots, 9 were verified PCT 44— 12 provisional ballots, 12 were verified PCT 45 —20 provisional ballots, 16 were verified PCT 46— 14 provisional ballots, 14 were verified PCT 56— 13 provisional ballots, 10 were verified PCT 57— 17 provisional ballots, 12 were verified PCT 58— 5 provisional ballots, 3 were verified PCT 59— 12 provisional ballots, 11 were verified PCT 63-8 provisional ballots, 6 were verified Michele Forney Elections Director Pinal County Elections 188 Main St (physical address) P.O. Box 460 (mailing address) Coolidge, AZ 85128-4410 Office: 520.866.7556 Cell: 520.858.2016 Fax:520.866.7551 Email:michele.fornev@oinalcountyaz.gov Twitter: @Pinal_Elections The content of this email is for general informational purposes only. It does not constitute legal, tax, or other professional business advice and does not constitute solicitation for such services. The information contained in the email should not be used as a substitute for engaging the advice of legal counsel, tax advisor, or other professional business individual. You should contact your attorney, accountant or other professional business representative to obtain advice with respect to any particular issue or problem. z_/- MAYOR -CITY OF APACHE JUNCTION MRC_20160830_E August 30, 2016 Summary Report MARICOPA COUNTY FINAL OFFICIAL RESULTS (1)1/1 100.00% Under Votes:7 Over Votes:0 INSALACO. JOHN S.23 41.07% SERDY, JEFF 33 58.93% Write -In Candidate 0 0.00% Total...56 100.00% COUNCILMEMBER CITY OF APACHE JUNCTION (vote 3)(1)1/1 100.00% Under Votes:43 Over Votes:0 BARKER, ROBIN 36 24.66% DURBALA, JOE 6 4.11% HECK, PETER 15 10.27% JOHNSON, JIM 17 11.64% SCHROEDER, ROBERT 20 13.70% STANDAGE, WAYNE 12 8.22% STOSEL, K.F. "KENNY"6 4.11% STRUBLE, JEFF 12 8.22% WILSON, CHIP 22 15.07% Write -In Candidate 0 0.00% Total...146 100.00% CITY OF APACHE JUNCTION PROP 410 (1)1/1 100.00% Under Votes:8 Over Votes:0 YES NO 37 67.27% 18 32.73% Total ...55 100.00% September 13, 2016 3:01 PM Page 1 of 1 MRC_20160830_E 8/30/2016 Precinct Canvass MARICOPA COUNTY 1 MAYOR - CITY OF APACHE JUNCTION 1 1 1 1 1 '2cn>* co --1 , • cn a 0 ' coI ! i f.,1. < 1 t 70 '&)2--iwAttkIr.k...,,e.mr.-,19'05.tV,:nrai W:,:frei 74.444i ii,.,5 Ni.jid .4..-,,•a i'-,It“;:v li,.':40 P -Alai :471:r-t VW -"'?VAt iiAere‘rAW5"1' 4 1''' 132 63 47.73 23 33 0 0 7 _ z?</Z Printed: Tuesday, September 13, 2016 3:00 PM Data Refreshed: 9/13/2016 2:03 PM Page 1 of 3 MARICOPA COUNTY MRC_20160830_E 1 COUNCILMEMBER CITY OF APACHE JUNCTION (vote 3) Precinct Canvass August 30, 2016 1 1 1 1 1 1 1 1 i 1 1 1 u,0 _ CO I XI 0 COz IE g m>71x 0cm 1m bxz m 0 mp o>0 F r• x :n 43) c, §acp 5 c co 0.a m I ,8 ., z 2 a aa c -zz co -d R X c_-mi 7. 2 z L. 111 , z wa: Z < 4'...2 m 33 g —1 m I II ro"a al A -61Y210A6Prt*0504W..$'..1. -Viii 63r,0.54Wi•4 PAM kfON :::;.r,:it t'-';Tly '1.'•MO te.-ilri t.t'i3OVI:-.-•...J.I.0 .., .. 132 63 47.73 36 6 15 17 20 12 6 12 22 0 0 43 Printed: Tuesday, September 13, 2016 3:00 PM Data Refreshed: 9/13/2016 2:03 PM Page 2 of 3 MAR ICOPA COUNTY MRC_20160830_E 1 CITY OF APACHE JUNCTION PROP 410 Precinct Canvass August 30, 2016 1 1 1 1 I . ga. -I.9 c E. .. .:4:a 9 i < "ca -cm z 0— <0—. a 4.,..0)o 2 g 00eggA VATiN4OVIf PC!';*..$t gglitld'WV.ittic,!",.fAk ',1r.1.1 ItW-40 #iiff4 4 4 -,..:.e:ih',.4i*:it :,.*N.4.,,...-A‘.1,41i !i*'4,,V,...4::-....41 ,o),..: 132 63 47.73 37 18 0 8 < , Printed: Tuesday, September 13, 2016 3:00 PM Data Refreshed: 9/13/2016 2:03 PM Page 3 of 3 BVIOB DATE:9/9/2016 MARICOPA COUNTY RECORDER'S INFORMATION SYSTEMS CENTER PROVISIONAL BALLOTS HAVA REQUIREMENTS Election:1300 MARICOPA COUNTY APACHE JUNCTION PAGE: TIME:I:36:03PM ELECTION 1300 MAR1COPA COUNTY PRECINCT 0021 BALLOTS COUNTED:0 BALLOTS NOT COUNTED:0 TOTAL BALLOTS:0 r(\x BVIOB DATE:9/9/2016 MAR1COPA COUNTY RECORDER'S INFORMATION SYSTEMS CENTER PROVISIONAL BALLOTS HAVA REQUIREMENTS Election:1300 MARICOPA COUNTY APACHE JUNCTION PAGE: TIME:I:36:03PM 2 ; \ rNk ) SUMMARY REPORT TOTALS BALLOTS COUNTED:0 BALLOTS NOT COUNTED:0 TOTAL BALLOTS:0 RESOLUTION 16-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION PERSONNEL RULES 2016", REPEALING ANY CONFLICTING ,S.PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS,Arizona Revised Statutes Annotated (hereinafter "A.R.S.")§ 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and one electronic copy is accessible on the city's website and made available for public inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes can include regulatory provisions relating to personnel rules; and WHEREAS,city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk and electronically accessible through the city's website (www.ajcity.net). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL That certain document entitled "City of Apache Junction Personnel Rules 2016",is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the city clerk and be electronically accessible through the city's website (www.ajcity.net). SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of an ordinance in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. RESOLUTION NO. 16-28 PAGE 1 OF 2 SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference i s for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage adoption and approval by the Mayor and City Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS a f f-lr DAY OF Oe-g65e,2016. SIGNED AND ATTESTED TO THIS i e r 4 DAY OF t%7V16i,2016. HN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: lois,16 RICHARD J. STERN City Attorney RESOLUTION NO. 16-28 PAGE 2 OF 2 RESOLUTION NO. 16-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS,in 2002,Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS,a portion of this state -shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities,towns o r counties for government services that:1) benefit the general public;2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Salt River Pima Maricopa Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authorized to submit an application,on behalf of the City of Apache Junction Parks and Recreation Department, to the Community for Proposition 202 funds, and the Mayor is authorized to sign the application,intergovernmental agreements and grant documents for receipt and distribution of the Proposition 202 funds for the installation of a water feature at Flat Iron Community Park in an amount not to exceed $100,000.00. Section 2: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. RESOLUTION NO. 16-29 PAGE 1 OF 2 Section 3: The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS qi4DAY OF 9d..-X€36-/C , 2016. SIGNED AND ATTESTED TO THIS 4 #24-DAY OF OrVilAK , 2016. N S. INSALACO ayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 16-29 PAGE 2 OF 2