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HomeMy WebLinkAbout2002-05-14 - Douglas County - Interlocal Agreements General3049436 Page: t of 4 06/14/2002 01:01 CITY OF EAST WENATCH AGR 22.00 Douglas County 1 Return Document to: East Wenatchee City Clerk, 271 Ninth Street NE, 2 East Wenatchee, WA 98802 3 Document Title: Interlocal Cooperative Agreement 4 Reference Number(s) of Related documents: NIA 5 Grantor: City of East Wenatchee 6 Grantee: Douglas County Treasurer 7 Legal Description: NIA 8 Parcel Number(s): NIA 9 10 11 12 SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT 13 BETWEEN DOUGLAS COUNTY AND CITY OF EAST WENATCHEE 14 FOR STORM AND SURFACE WATER MANAGEMENT 15 16 This Agreement is made by and between Douglas County and the City of East 17 Wenatchee. 18 WHEREAS, the County and City adopted the Douglas County Comprehensive 19 Flood Hazard Management Plan in 1995 pursuant to RCW Chapter 86.26, to respond to 20 the recurring flooding problems in the greater East Wenatchee area; 21 WHEREAS, the County and the City each created an independent Storm Water 22 Utility to provide a stable funding mechanism to pay for improvements to the drainage 23 system, as well as for the operation and maintenance; 24 WHEREAS, the County's Board of Commissioners by Resolution No. 98-12, 25 adopted on March 17, 1998 and the East Wenatchee City Council by Resolution No. 98- 26 03, adopted on March 16, 1998 authorized the execution of an Interlocal Agreement for 27 the purpose of cooperatively controlling, regulating, and managing storm and surface 28 water runoff within and around the greater East Wenatchee area; 29 WHEREAS, the County and City adopted the first amendment to the Interlocal 30 Agreement on April 19, 1999. 31 WHEREAS, the County and the City wish to adopt a second amendment to the 32 previously executed Interlocal Agreement. 33 NOW, THEREFORE, in consideration of the premises and promises, terms and 34 conditions set forth below, it is hereby agreed as follows: 35 36 1. Article 1 Definitions, "Management Team" is hereby amended and shall read as 37 follows: 38 39 "Management Team" means the committee established by this Agreement to 40 administer day-to-day operations and to make recommendations for policies, 41 procedures and budgets to the Parties, and that is composed of one (1) County 42 Commissioner, one (1) member of the City Council, the County Engineer, the SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT RE: SURFACE WATER MANAGEMENT (2120102) - 9 3049436 Page: 2 of 4 06/14/2002 01:01 CITY OF EAST WENATCH AGR 22.00 Oouylaa County County TLS Administrator, the City Community Development Director and the City Street Superintendent. 2. The title for Paragraph 6.01 is hereby amended and shall read as follows. 6.01 Executive Authority 3. Paragraph 6.03 is hereby amended and shall read as follows: 6.03 Daily Administration by Management Team A. The Parties hereby form and establish a committee to administer day-to-day operations and to make recommendations for policies, procedures and budgets to the Parties. B. The Management Team shall have the following duties and responsibilities, together with those additional duties and responsibilities assigned to the Management Team by the Parties: 1. To conduct the day-to-day operations and maintenance of the Facilities within the approved maintenance and operations budget. 2. To develop specific maintenance standards and schedules to ensure proper operation of all conveyance and storage facilities, such standards and schedules subject to review and approval by the City Council and the Board of Commissioners. 3. To assign between the City and the County, a geographic division of responsibility for operations and maintenance of Facilities. 4. To provide the employees and equipment necessary to conduct day-to- day operations according to the division of responsibility. 5. To submit proposed annual budgets for review and approval of the Board of Commissioners and the City Council. 6. To prepare and submit operations reports not less than quarterly to the Board of Commissioners and the City Council and to prepare and submit an annual report on the implementation of the CFHMP. i. To prepare and maintain, as part of the annual budgeting process a six - year CIP that prioritizes and schedules construction of new Facilities for review and approval by the City Council and the Board of Commissioners. SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT RE: SURFACE WATER MANAGEMENT (2=102) - 2 3049436 Page: 3 of 4 06/14/2002 01:01 CITY OF EAST WENATCH AGR 22.00 Douglas County 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 8. To investigate and pursue all available funding sources for projects identified in the CIP. 9. To receive, review and investigate all citizen complaints and Tort claims relating to operations and maintenance of Facilities and appeals relating to rate assessments, with assistance of appropriate legal staff, and to make action recommendations thereon to the respective legislative authorities. 4. Paragraph 7.01 is hereby amended and shall read as follows: 7.01 Design, Construction and Maintenance Standards. The City and the County shall jointly develop design, construction, and maintenance standards, which shall be applied to all facilities and improvements in the service area, whether public or private, and shall be consistent with the CFHMP and the adopted six -year CIP plan. Public facilities and improvements outside the service area may be constructed and/or maintained if such facilities and improvements benefit either one or both Utilities. Each Party shall be responsible for the review and approval of such facilities and improvements within its respective jurisdiction. A Party may permit facilities or improvements on public property or dedicated right-of-way and may accept ownership of such facilities and improvements only if all design and construction standards are strictly met. 5. All other terms and conditions of the Interlocal Agreement not modified herein or by the first amendment executed on April 19, 1999 which is hereby ratified and approved, shall remain in full force and effect and are hereby confirmed. Adopted: S Z i L 0 ATTEST: i City Clerk APPROVED AS TO FORM: City Jrey CITY Q0,EAST WEKATCHEE SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT RE: SURFACE WATER MANAGEMENT (2/20/02) - 3 Lacy, C- 3049436 Page: 4 of 4 0B/14/2002 01:01 CITY OF EAST WENATCH AN 22.00 Douglas County 1 2 Adopted: 3 4 5 6 8 SEAL �o 1 0 12 13 ATTEST: 14 15 16 17 Dayna OWwitt, Clerk of the Board 18 19 PROVED AS TO FORM: 20 21 22 23 Orrosecuting Attorney 24 25 26 DOUGLAS COUNTY BOARD OF COUNTY COS! IAAISSIONERS r� Ken Stanton, Chair SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT RE: SURFACE WATER MANAGEMENT (2/20/02) - 4