1ST AMENDMENT TO IGA WITH TOWN OF CAVE CREEK.PDF

Maricopa County — Formal (2017-03-08)

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FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF CAVE CREEK
FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS
(C-91-12-021-M-01)
This First Amendment to the Intergovernmental Agreement for the Operations and
Maintenance for traffic signals in the Town of Cave Creek (C-91-12-021-M-01) (First
Amendment) is entered into by and between the County of Maricopa, a body politic,
acting through the Maricopa County Department of Transportation (County), and the
Town of Cave Creek, a municipal corporation (Town); the County and the Town are
collectively referred to herein as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. Section 11-251 and Sections 28-6701 ef. seg. authorize the County to
lay out, maintain, control and manage public roads within the County.
2. A.R.S. § 9-240 authorizes the Town to exercise control over, layout, establish,
regulate, and improve streets within the Town
3. A.R.S. Sections 11-951 ef seg. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
BACKGROUND
4. On August 3, 2011, the County and the Town of Cave Creek entered into an
intergovernmental agreement for operations and maintenance of the traffic
signals are owned by the Town of Cave Creek (2011 IGA).
5. The 2011 IGA defined that the County would provide operations and
maintenance of the traffic signal and invoice the Town for annual service.
6. Paragraph 4 of the 2011 IGA allows for both Parties to extend the terms of the
agreement.
7. Both Parties desire to extend the terms of the 2011 IGA for an additional five
(5) years.
8. This First Amendment shall become effective as of the date it is approved by
the Maricopa County Board of Supervisors and the Cave Creek Town Council.
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To the extent that this First Amendment changes the length of the terms of the
2011 IGA, this First Amendment shall supersede and replace the previous
terms in original agreement.
10. The terms of the 2011 IGA not in conflict with this First Amendment shall
remain in full force and effect.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY TOWN OF CAVE CREEK
Recommended by:
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ifet Toth, P*E.
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sportation Director
Approved and Accepted by: Approved and Accepted by:
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Clint Hickman, Chairman Date Wincentfraneta, Mayor Date
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Board of Supervisors Town of Cave Creek
Attested by: Atte by: °
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Clerk of the Board Date own Clerk =~) Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND TOWN ATTORNEY
| hereby state that | have reviewed the proposed First Amendment and declare the
Agreement to be in proper form and within the powers and authority granted to the
Parties by their respective governing bodies under the laws of the State of Arizona.
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Deputy County Attorney Date Town Attorney Date
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