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HomeMy WebLinkAbout2019-11-05 - Stormwater Management and Planning Memorandum of Understanding, Douglas County - Interlocal Agreements GeneralReturn Document to: Douglas County Transportation and Land Services 140 191h Street NW East Wenatchee, WA 98802 Document Title: Related Documents Grantor: Grantee: Legal Description: Parcel Number(s): Memorandum of Understanding between Douglas County and the City of East Wenatchee for Stormwater Management Planning ILAs recorded under AFNs 3211665, 3097710, 3049436 & 31590690 MOU recorded under AFN 3070954 Douglas County and City of East Wenatchee N/A N/A Thad L. DuvallAuditor, Douglas County WA. N/A AFN # 322iii Recorded 11/06/2019 at 01:22:09PM, MOU Pages: 4 $0.00 DOUGLAS COUNTY COMMISSIONERS 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 an 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) 1 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) RA Executed: 1 - J date ATTEST: City Clerk APPE�OVED AS City FORM: CITY OF,MaST WENATCH Mayor MEMORANDUM OF UNDERSTANDING — STORMWATER MANAGEMENT AND PLANNING (10I16/2019) 3 Executed: date r' � 4 ,�;d'"'COG C� EEL ccuM.ry,�a� ATTEST: APPROVED AS TO FORM: (� Q� Deputy I�rosecufiltg-Afit6rney DOUGLAS COUNTY BOARD OF COMMISSIONERS Kyfe,�'etfi�urg, Chair arc Straub, Member MEMORANDUM OF UNDERSTANDING - STORMWATER MANAGEMENT AND PLANNING (10/16/2019) 4