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Home My WebLink AboutResolutions - 2019-24 - Terminate Interlocal Cooperative Agreement between Douglas County and the City of East Wenatchee for Storm and Surface Water Management, Resolution 2019-24, repealing Ordinance 1998-03 - 11/5/2019City of East Wenatchee Resolution 2019-24 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 3 City of East Wenatchee, Washington Resolution No. 2019-24 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to terminate Interlocal Cooperative Agreement between Douglas County and the City of East Wenatchee for Storm and Surface Water Management 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.3. RCW Chapter 35.67 authorizes cities to establish a surface and storm water management utility. 2.4. RCW Chapter 36.89 authorizes counties to establish, acquire, develop, and construct storm water control facilities. 2.5. RCW Chapter 39.34 authorizes local governmental units to make the most efficient use of their powers and resources by enabling them to cooperate with other localities in the provision of services and facilities under a duly executed interlocal cooperative agreement. 3.Recitals. 3.1.The City, with adoption of Ordinance No. 98-07, and Douglas County (“County”), with adoption of Ordinance No. TLS 98-10- 21B, independently established surface and storm water management utilities. 3.2. The City, under Resolution No. 98-03, and the County under Resolution No. TLS 98-12, found that it was in the best interests of the community to work cooperatively in the management of the storm water utilities and executed an Interlocal Cooperative Agreement in March of 1998 establishing the joint operating procedures for the “Greater East Wenatchee Storm Water Utilities”. That Interlocal Cooperative Agreement has been amended several times. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4.Authorization. The City Council authorizes the Mayor to execute the “TERMINATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DOUGLAS COUNTY AND CITY OF EAST WENATCHEE FOR STORM AND SURFACE WATER MANAGEMENT” set forth in Exhibit A. 5.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 6.Publication. The City Council directs the City Clerk to publish a copy of the Termination of Interlocal Agreement on the City’s website once it is signed by all parties. 7.Recording. The City Council directs the City Clerk to record the original, fully executed Termination of Interlocal Agreement with the Douglas County Auditor. 8.Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 5th day of November 2019. The City of East Wenatchee, Washington City of East Wenatchee Resolution 2019-24 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 3 TERMINATION AGREEMENT FOR SURFACE WATER MANAGEMENT (10162019) - 1 Return Document to: Douglas County TLS 140 19th Street N.W. East Wenatchee, WA 98802 Document Title: Termination of Interlocal Cooperative Agreement Related documents: Interlocal Cooperation Agreement, AFN 3097710, Second Amendment to Interlocal Cooperation Agreement, AFN 3049436 Amended and Recompiled Interlocal Cooperation Agreement, AFN 3211665 Grantor: Douglas County; City of East Wenatchee Grantee: Legal Description: N/A Parcel Number(s): N/A TERMINATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DOUGLAS COUNTY AND CITY OF EAST WENATCHEE FOR STORM AND SURFACE WATER MANAGEMENT This Agreement is made by and between Douglas County and the City of East Wenatchee. WHEREAS, the Parties have previously entered into an Interlocal Cooperation Agreement for the purpose of controlling, regulating, and managing storm and surface water runoff within and around the Greater East Wenatchee Area; and WHEREAS, on May 28, 2019, the Douglas County Board of Commissioners provided the City of East Wenatchee with written Notice of Intent to Terminate Agreement, Interlocal Cooperative Agreement for Storm and Surface Water Management; and WHEREAS, on June 18, 2019, the City of East Wenatchee Mayor, Steve Lacy, provided Douglas County with written Notice of Intent to Terminate Agreement, Interlocal Cooperative Agreement for Storm and Surface Water Management; and WHEREAS, the County Board of Commissioners authorized the execution of this Agreement; and WHEREAS, the City Council authorized the execution of this Agreement; NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to outline termination of the Cooperative Agreement between Douglas County and the City of East Wenatchee for Stormwater TERMINATION AGREEMENT FOR SURFACE WATER MANAGEMENT (10162019) - 2 and Surface Water Management in accordance with Article IX, Commencement and Termination of Agreement contained within that Agreement. ARTICLE II COMMENCEMENT AND TERMINATION OF AGREEMENT 2.01 Termination. This Agreement is hereby terminated in whole by the joint action of the legislative authorities of the Parties. Written notice was provided to the City of East Wenatchee from the Board of County Commissioners on May 28, 2019. Written notice was provided to Douglas County from the Mayor of East Wenatchee on June 18, 2019. 2.02 Disposition of Assets and Liabilities. A. Facilities: Facilities supporting infrastructure located within the limits of the City are owned and maintained by the City, while facilities supporting infrastructure outside the limits of the City are owned and maintained by the County. B. Equipment: The City and County jointly purchased a Vactor/Eductor Truck (2008 Sterling Chassis – VIN 2FZHZADE18AY47395) and an Equipment/Cargo Trailer (2008 INTRS – VIN 4RACS1627N058088). These assets shall be disposed of as follows: 1. Vactor: The County will purchase the City’s share of the Vactor / Eductor Truck based upon the appraised valuation of $53,000. The City’s pro-rata share of assets has been established to be 48%. At the time of distribution of the City’s share of the Utility funds, the County will pay the City $25,400.00 The $25,440 valuation for the Vactor will be included in the funds transferred. Upon execution of this termination, the City will sign the title transfer documents to relinquish ownership to Douglas County. 2. Cargo Trailer: The County shall transfer ownership of the cargo trailer and contents to the City. The County will sign title transfer documents to relinquish ownership to the City of East Wenatchee. C. Liabilities: As requested by the City, the County will maintain the existing Public Works Trust Fund Loans (PWTF) to allow the City to continue to make annual debt payments. Debt redemption for the City and County is outlined in a separate agreement. ARTICLE III GENERAL PROVISIONS 3.01 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no understandings or agreements between parties other than those set forth in this Agreement and in the a ppendices. No other statement, TERMINATION AGREEMENT FOR SURFACE WATER MANAGEMENT (10162019) - 3 representation or promise has been made to induce the Parties to enter into this Agreement. 3.02 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the Parties and adopted by resolution of each Party’s legislative authority. 3.03 Invalid Provisions. If any portion of this Agreement, or its application to any person or circumstances, is held or determined to be invalid, such holding or determination shall not affect the validity or enforceability of any other term or provision and the application of this Agreement to other persons or circumstances shall not be affected. 3.04 Counterparts. This Agreement may be executed by the parties using duplicate counterparts. 3.05 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement shall be filed with the County Auditor and the City Clerk. 3.06 Time. Time is of the essence of this Agreement. Executed: ______________ CITY OF EAST WENATCHEE ___________________________ Mayor ATTEST: _______________________ City Clerk APPROVED AS TO FORM: _______________________ City Attorney