HomeMy WebLinkAboutRES 20-41 RESOLUTION NO. 20-41
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZQNA, AUTHORIZING THE CITY OF
APACHE JUNCTION, ARIZQNA, TO ADOPT A FIRST AMENDMENT
TO AN INTERGOVERNMENTAL AGREEMENT WITH FINAL COUNTY,
ARIZQNA, DEFINING RESPONSIBILITY FOR ROAD MAINTENANCE
OF SUPERSTITION MOUNTAIN DRIVE, SOUTH MOUNTAIN VIEW
ROAD AND SOUTHERN AVENUE.
WHEREAS, the City of Apache Junction (®Apache Junction"}
and Final County ("Pinal County") desire to mend the February
28, 2018 intergovernmental agreement (®'IGA") with Final County
clarifying responsibilities of the parties for road maintenance
of segments of Superstition Mountain Drive, South Mountain View
Road and Southern Avenue® and
WHEREAS, the Final County board of supervisors and Apache
Junction city council both look to limit capital and
infrastructure maintenance costs through intergovernmental
operations; and
WHEREAS, pursuant to A. R. S. § 11-952 (A) , public entities
may enter into intergovernmental agreements with each other for
joint or cooperative activities; and
WHEREAS, the parties have crafted the attached written
amendment to the 2018 IGA which formalizes the arrangement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZQNA, AS FOLLOWS®
1) The mayor and city council hereby approve the first
amendment to IGA for clarifying the road maintenance
obligations as set forth in Attachment A, and the mayor is
hereby authorized to sign the agreement on behalf of the
city.
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 this amendment.
RESOLUTION NO. 20-41
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF ; 2021 .
SIGNED AND ATTESTED TO THIS 3 DAY OF 'G� 2021 .
� l
CHIP WI SON
Mayor
ATTEST®
JEN ER PEN
City Clerk
APPROVED AS TO FORM:
4� 1
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-41
PAGE 2 OF 2
ATTACHMENT A
FIRST AMENDMIENT TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION
DEFINING RESPONSIBILITY FOR ROAD MAINTENANCE OF SUPERSTITION
MOUNTAIN DRIVE,SOUTH MOUNTAIN VIEW ROAD AND SOUTHERN AVENUE
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT ("First
Amendment") dated this day of , 2021, is made by and between PINAL
COUNTY, a political subdivision of the State of Arizona("Pinal County") and CITY OF APACHE
JUNCTION, an Arizona municipal corporation("Apache Junction"), of collectively referred to as
the"Parties"or individually as a"Party".
RECITALS
A) Pinal County and Apache Junction are Parties to that certain Intergovernmental Agreement
Defining Responsibility for Road Maintenance of Superstition Mountain Drive, South
Mountain View Road and Southern Avenue dated February 28,2018 (the"Agreement").
B) The Parties desire to amend the Agreement by including additional roadways as provided in
this First Amendment.
AGREEMENT
Now therefore, the Parties agree as follows:
1. All provisions of the Agreement are hereby incorporated by this reference into this First
Amendment. The provisions of the Agreement shall continue in full force and effect except
asspecifically amended by this it Amendment.
2. Section I of the Agreement shall be revised to read as follows:
For public safety and welfare of the public, the Parties hereto agree to maintain portions of
paved and unpaved roadways known as:
Exhibit A- Superstition Mountain Drive—US 60 to approximately 300' north
Exhibit B -Mountain View Road—US 60 to 32nd Avenue
Exhibit C - Southern Avenue- Delaware Drive to Ironwood Drive
Exhibit D- Southern Avenue-Mariposa Road to Tomahawk Road
Tomahawk Road—US 60 to approximately 615' north
Exhibit E—Starr Road—Southern Avenue to 28dAvenue
Exhibit F—36th Avenue—Desert View Drive to Ironwood Drive
Exhibit G- Ironwood Drive—28th Avenue to approximately 300' south
Exhibit H - Southern Avenue—Cortez Road to Starr Road
Exhibit I -Cactus Road—Baseline Road to 36th Avenue
Exhibit J—Baseline Road--Meridian Road to City Boundary
hereinafter called the"Project,"which is located within the jurisdictions of in County and
Apache Junction.
3. Section 4 of the Agreement shall be revised to read as follows:
Pfinal County agrees to provide regular and routine roadway maintenance on the portions of
the roadways depicted in Exhibits A, B, D (Tomahawk Road) and J lying within Apache
Junction jurisdiction. This includes:
A. Superstition Mountain Drive—U S60 to approximately 300' north
B. Mountain View Road—US 60 to 32nd Avenue
D. Tomahawk Road—US 60 to approximately 615' north
J. Baseline Road—Meridian Road to Apache Junction Boundary
4. Section 5 of the Agreement shall be revised to read as follows:
Apache Junction agrees to provide regular and routine roadway maintenance on portions of
the roadways depicted in Exhibits C, D (Southern Avenue), E, F, G, H and I, lying within
Pinal County jurisdiction.
5. Section 7 of the Agreement shall be revised as follows:
The Agreement all be effective upon execution by the last Party and remain in full force
and effect until completion of the Project, termination of the Agreement, or by January 1,
2030, whichever oft e three occurrences comes first.
6. This Agreement maybe cancelled for conflict of interest without further obligation or penalty,
in accordance with A.R.S. § 38-511.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
PINAL COUNTY CITY OF APACHE JUNCTION
Recommended by: Recommended by:
Andrew Smith Date Mike Wever ate
to Interim Director Director
Department of Public Works Public Works Department
Approved and Accepted: Approved and Accepted:
By: By:
Chair Date Chip Wilson Date
Board of Supervisors or
City of Apache Junction
Attest: Attest:
By: By:
Clerk of the Board Date Jennifer Pena to
City Clerk
City of Apache Junction
APPROVAL AS TO FORM
I hereby state that I have reviewed the proposed in Amendment to Intergovernmental
Agreement between Pinal County and Apache Junction pursuant to A.R.S. § 11-952, and declare the
First Amendment to be in proper form and within the powers and authority granted to their respective
governing bodies under the laws of the State of Arizona.
Mark J. Langlitz, Deputy County Attorney Richard J. Stem,Apache Junction City Attorney
Date Date
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