HomeMy WebLinkAboutResolutions - 2019-26 - Resolution 2019-26, Memorandum of Understanding, MOU with Douglas County for Stormwater Management Planning - 11/5/2019City of East Wenatchee Resolution 2019-26
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. 2019-26
A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to execute the Memorandum of
Understanding between Douglas County and the City of East
Wenatchee for Stormwater Management and Planning.
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 “MEMORANDUM OF UNDERSTANDING BETWEEN
DOUGLAS COUNTY AND THE CITY OF EAST WENATCHEE
FOR STORMWATER MANAGEMENT AND PLANNING” 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 2019-26
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 3
MEMORANDUM OF UNDERSTANDING – STORMWATER MANAGEMENT AND PLANNING
(10/16/2019)
1
Return Document to: Douglas County Transportation and Land Services
140 19th Street NW
East Wenatchee, WA 98802
Document Title: Memorandum of Understanding between Douglas County and
the City of East Wenatchee for Stormwater Management Planning
Related Documents: ILAs recorded under AFNs 3211665, 3097710, 3049436 & 3159069.
MOU recorded under AFN 3070954
Grantor: Douglas County and City of East Wenatchee
Grantee: N/A
Legal Description: N/A
Parcel Number(s): N/A
MEMORANDUM OF UNDERSTANDING
BETWEEN DOUGLAS COUNTY AND THE CITY OF EAST WENATCHEE
FOR STORMWATER MANAGEMENT AND PLANNING
The Memorandum of Understanding is made between Douglas County (County),
Washington, a political subdivision of the State of Washington and the City of East
Wenatchee (City), a Washington municipal corporation.
WHEREAS, the County is a political subdivision organized and existing under the
Washington State Constitution and the laws of the State of Washington, and particularly
those set forth in RCW Tittle 36;
WHEREAS, the City is a municipal corporation duly organized and existing under
the laws of the State of Washington, and particularly those set forth in RCW Title 35A;
WHEREAS, the public health, welfare and safety of the residents and property
owners within the City and the unincorporated areas of the County require the control
and conveyance of stormwater runoff within and around the Greater East Wenatchee
area;
WHEREAS, the County and City have adopted plans to address stormwater
runoff within and around the Greater East Wenatchee Area to address recurring flood
and stormwater system planning and maintenance;
WHEREAS, the Parties have previously entered into and Interlocal Cooperation
Agreements under the authority of RCW 39.34 to provide for joint and/or cooperative
exercise of powers, privileges and authorities to manage stormwater runoff within and
around the Greater East Wenatchee area;
WHEREAS, the Parties have opted to terminate joint administration of each
jurisdictions independent Utility, choosing instead to independently administer each
individual Utility;
MEMORANDUM OF UNDERSTANDING – STORMWATER MANAGEMENT AND PLANNING
(10/16/2019)
2
WHEREAS, the County and the City include an urbanized area greater than
50,000 in population as defined by the Bureau of the Census and therefor subject to the
National Pollutant Discharge Elimination System (NPDES) Phase II regulations:
WHEREAS, the Ecology has issued the County an NPDES Phase II Eastern
Washington Municipal Stormwater Permit (WAR046003);
WHEREAS, the Ecology has issued the City an NPDES Phase II Eastern
Washington Municipal Stormwater Permit (WAR046012);
WHEREAS, the County and the City are adjacent jurisdictions and each have the
authority to plan for stormwater management;
WHEREAS, the County and the City recognize the economies of jointly
developing consistent strategies and planning for stormwater management;
NOW, THEREFORE, in consideration of the premises and promises, terms and
conditions set forth below, it is hereby agreed as follows:
1. The purpose of this Memorandum is to acknowledge the intent to jointly and
cooperatively plan and implement the recommendations and achieve the goals of
the adopted comprehensive plans through each Party’s independent creation of
a Utility.
2. Joint Development and Planning. The County and City agree to use their best
efforts to:
Jointly plan to develop and to implement regional stormwater standards, projects
and infrastructure to effectively address stormwater runoff (flooding) and maintain
and protect stormwater quality. These efforts are intended to be in addition to
the regional coordination between Douglas County, Chelan County, the City of
Wenatchee and the City of East Wenatchee for development and implementation
of a regional stormwater management program addressing the program
elements required by the Department of Ecology NPDES Phase II Municipal
Stormwater Permit recorded under AFN 3070954.
3. Voluntary Participation. Participation in activities identified within this
Memorandum of Understanding is voluntary. Any party may choose to withdraw
from this Memorandum of Understanding without prior notice to the other parties.
4. The Memorandum is limited to the above purposes and does not apply to other
power, privilege or authority which may be exercised by the Parties.
MEMORANDUM OF UNDERSTANDING – STORMWATER MANAGEMENT AND PLANNING
(10/16/2019)
3
Executed: ___________________ CITY OF EAST WENATCHEE
date
_______________________________
Steve Lacy, Mayor
ATTEST:
_____________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________________
City Attorney
