HomeMy WebLinkAboutRes 2021-20RESOLUTION 2021-20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING THE THIRD
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
WITH THE MARICOPA COUNTY LIBRARY DISTRICT
RELATING TO THE OPERATION OF THE TOWN OF
FOUNTAIN HILLS BRANCH LIBRARY
RECITALS:
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. The Town Council hereby approves the Third Amendment to the Intergovernmental
Agreement between the Town of Fountain Hills and the Maricopa County Library District, in the
form attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to cause the execution of the Third Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
ENACTMENTS:
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
15th day of June, 2021.
FOR THE TOWN OF FOUNTAIN HILLS:
t
GinrVj Dicke , Mayor
REVIEWED BY:
Grady E. Mi er, own Manager
ATTESTED TO:
lizabr—. Klein, Town Clerk
APPROVED AS TO FORM:
Arnson, Pierce Coleman PLLC,
Town Attorney
EXHIBIT A
TO
RESOLUTION 2021-20
[Third Amendment]
See following pages.
THIRD AMENDMENT
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY LIBRARY DISTRICT
AND
TOWN OF FOUNTAIN HILLS, ARIZONA
THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this
"Third Amendment") is entered into between the Town of Fountain Hills, an Arizona
municipal corporation (the "Town") and the Maricopa County Library District, a political
subdivision of the State of Arizona (the "Library District'). The Town and the Library
District are sometimes referred to herein collectively as the "Parties." All capitalized terms
not defined herein shall have the meanings set forth in the Intergovernmental Agreement.
RECITALS
A. The Town and the Library District executed an Intergovernmental
Agreement ("IGA") on August 16, 2011 to operate the Fountain Hills Branch Library, as
subsequently amended by that First Amendment to the IGA and that Second Amendment
to the IGA.
B. The IGA as amended will expire on August 16, 2021.
C. The Town and the Library District desire to renew the IGA as amended and
extend its term.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by reference, and the promises and covenants set forth below, the
Town and the Library District agree as follows:
1. The term for services under the IGA shall be renewed for one five (5) year
term commencing August 17, 2021.
2. The Agreement and this Third Amendment is subject to and incorporates
by reference the statutory language of A.R.S. § 38-511.
3. In all other respects, the IGA as previously amended is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the IGA shall remain
in full force and effect, as approved and amended.
4. This Third Amendment is effective upon execution by both Parties.
[SIGNATURES ON FOLLOWING PAGES]
TOWN OF FOUNTAIN HILLS MARICOPA COUNTY LIBRARY
DISTRICT
Ginny Dickey, Mayor
Town of Fountain Hills
ATTEST:
Elizabeth A. Klein, Town Clerk
REVIEWED BY:
Grady E. Miller, Town Manager
Jack Sellers, Chairman, Board of
Directors Maricopa County Library District
ATTEST:
Interim Clerk of the Board
Pursuant to the provisions of Ariz. Rev. Stat. 11-952(D), this Third Amendment has been
submitted to and approved by the attorney for each of the public agencies who certify
that, with respect to their respective clients only, this Third Amendment is in proper form
and is within the powers and authorities granted under the laws of this State to the Town
and the District.
Aaron D. Arnson, Town Attorney Andrea Cummings,
Deputy County Attorney