HomeMy WebLinkAbout3376RESOLUTION NO. 3 3 7 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY
AND THE OTHER PARTICIPATING JURISDICTIONS WITHIN THE
GREEN/DUWAMISH WATERSHED RESOURCE INVENTORY AREA (WRIA
9) FOR THE PURPOSE OF PARTICIPATING IN THE JOINT FUNDING,
DEVELOPMENT, REVIEW AND APPROVAL OF WRIA BASED WATERSHED
PLANS.
WHEREAS, RCW 39.34 establishes the authority for cities and counties
to enter into interlocal agreements as necessary to work together when an
issue requires a joint action of all parties concerned; and
WHEREAS, the parties within the Green/Duwamish Watershed have
determined that development of a watershed based recovery plan is best
accomplished with the participation and governance of all affected jurisdictions
within the basin on a voluntary basis; and
WHEREAS, Resolution No. 3276, adopted by Auburn City Council on
November 6, 2000, authorized the Mayor to execute an interlocal agreement
between the City and other participating jurisdictions within the
Green/Duwamish WRIA 9; and
WHEREAS, the First Amendment to the Interlocal Agreement is required
to facilitate the following:
Resolution No. 3376
July 12, 2001
Page 1
· The addition of the City of Tacoma as a new participant, which has a
major interest in the upper Green River Basin, as a party to the ILA of
the WRIA 9 Forum to participate in preparing a watershed based
recovery plan for salmonids listed under the Endangered Species Act.
· The transfer of Vashon Island (along with its monetary contribution)
from WRIA 15 to WRIA 9.
· Changing the number of Forum Management Committee members
from five to seven, thus allowing participation of two additional small
cities.
· The selection of an official alternative representative from each city,
which may be an elected official or a senior staff member.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor of the City of Auburn is herewith authorized to
execute the First Amendment to the Interlocal Agreement between the City and
the other participating jurisdictions within WRIA 9 (Green/Duwamish basin). A
copy of said Agreement is attached hereto and denominated as Exhibit "A" and
incorporated by reference in this Resolution.
Resolution No. 3376
July 12, 2001
Page 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED and SIGNED this ~ ~ day of August, 2001.
CHARLES A. BOOTH
MAYOR
ATTEST:
bani"etle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3376
July 12, 2001
Page 3
FIRST AMENDMENT
TO THE INTERLOCAL AGREEMENT
For the Watershed Basins within Water Resource Inventory Area 9
This First Amendment to the Interlocal Agreement for the Watershed Basins within Water
Resource Inventory Area (WRIA) 9, which was entered into by the County of King and the Cities
and Towns of AIgona, Auburn, Burien, Covington, Des Moines, .Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, and Tukwila ("Agreement"), amends the
terms of the Agreement to provide for changes as desired by the parties to the Agreement, that
include:
1) to allow for the addition of the City of Tacoma, which has a major interest in WRIA 9, as a party
to the Agreement;
2) to change the number of members of the WRIA 9 Forum Management Committee from five to
seven members;
3) to allow for each party to name, as an alternate to its named elected official, a senior staff
member or other elected official as its representative to the WRIA 9 Forum;
4) to provide for an additional financial contribution to be made by King County to account for the
addition of Vashon/Maury Islands to the WRIA 9 Forum activities and planning efforts.
This First Amendment is effective upon execution by all of the parties to the Agreement and may
be executed in counterparts. The Agreement is hereby amended by substituting the text provided
below for each of the identified sections (underlining of text indicates a textual change, and is not to
be considered as part of the amended text):
1. The Preamble to the Agreement is amended to read as follows:
This agreement ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among the
eligible county and city governments signing this agreement that are located in King County or
Pierce County and lie wholly or partially within or have a maior interest in the management area of
Watershed Resource Inventory Area ("WRIA") 9, which includes all or portions of the Green-
Duwamish and Central Puget Sound forums, all pol!tical subdivisions of the State of Washington
(collectively, for those signing this agreement, "parties"). The parties share interests in and
responsibility for addressing long-term watershed planning and conservation for the watershed
basins in WRIA 9 and wish to provide for planning, funding and implementation of various activities
and projects therein..
2. Section 1.1 is amended to read as follows:
ELIGIBLE COUNTY AND CITY GOVERNMENTS: The governments eligible for participation in
this Agreement as parties are the County of King, and the Cities of Algona, Aubum, Black
Diamond, Burien, Covington, Des Uoines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy
Park, Renton, SeaTac, Seattle, Tacoma and Tukwila.
3. Section 1.6 is amended to read as follows:
MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of seven
(7) elected officials or their designees which elected officials are chosen by the WRIA 9 Forum,
according to the voting procedures in Section 5, charged with certain oversight and administrative
duties on the WRIA 9 Forum's behalf.
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4. Section 4 is amended to read as follows:
ORGANIZATION AND NATURE OF WRIA 9 FORUM. The parties to this Agreement hereby
establish a governing body for WRIA 9 and the Green-Duwamish watershed basin and associated
Puget Sound drainages (hereinafter the "WRIA 9 Forum," the precise boundaries of which are
established in Chapter 173-500 WAC, or as determined by the WRIA Forum) to serve as the formal
governance structure for carrying out the purposes of this Agreement. Each party to the
agreement shall appoint one (1) elected official to serve as its representative on the WRIA 9
Forum. The parties shall also appoint an alternate representative who may be a different elected
official or senior staff person. The WRIA 9 Forum is a voluntary association of the county and city
governments located wholly or partially within the management area of or having a maior interest in
WRIA 9 and the Green-Duwamish watershed basin and associated Puget Sound drainages who
choose to be parties to this Agreement.
5. Section 4.1 is amended to read as follows:
Upon the effective execution of this agreement and the appointment of representatives to the
WRIA 9 Forum, the WRIA 9 Forum shall meet and choose from among its members, according to
the provisions of Section 5, seven (7) elected officials or their designees, to serve as a
Management Committee to oversee and direct the funds and personnel contributed under this
Agreement, in accordance with the adopted annual budget and such other directions as may be
provided by the WRIA 9 Forum. Representatives of the Fiscal Agent and Service Provider may
serve as non-voting ex officio members thereof. The Management Committee shall act as an
executive subcommittee of the WRIA 9 Forum, responsible for oversight and evaluation of any
Service Providers or consultants, administration of the budget, and for providing
recommendations on administrative matters to the WRIA 9 Forum for action, consistent with other
subsections of this section.
6. Section 4.2.2 is amended to read as follows:
The WRIA 9 Forum Shall by September 1 of each year establish and approve an annual budget
establishing the level of funding and total resource obligations of the parties which are to be
allocated on a proportional basis based on the average of the population, assessed valuation and
area attributable to each party to the Agreement, in accordance with the formula set forth in Exhibit
A-l, which formula shall be updated annually by the WRIA 9 Forum as more current data
becomes available. Tacoma's cost share will be determined on an annual basis by the parties and
will be documented on the annual updates to Exhibit A-I. The weiqht accorded Tacoma's vote for
weighted voting-pursuant to Agreement section 5 shall correspond to Tacoma's cost share for each
year relative to the cost shares contributed by the other parties.
7. Section 6.4 is amended to read as follows:
After approval of the plan by the WRIA g Forum, the plan shall be referred to the parties to this
Agreement for ratification prior to the plan's submission to any federal or state agency for further
action. Ratification means an affirmative action, evidenced by a resolution or ordinance of the
jurisdiction's legislative body, by at least five jurisdictions'representing at least seventy percent
(70%) of the total population within the geographic area of WRIA 9 as defined in Chapter 173-500
WAC. Upon ratification, the WRIA 9 Forum shall transmit the WRIA.based Watershed Plan to
any state or federal agency as may be required for further action.
7/2/01 4:17 PM 2
8. Section 7.2 is amended to read as follows:
The maximum funding responsibilities imposed upon the parties during the first year of this
Agreement shall not exceed the amounts set forth in Exhibit A-l, which shall be updated annually
as described in Section 4.2.2.
9. Section 8 is amended to read as follows:
A county or city government in King County lying wholly or partially within the management area of
or with a major interest in WRIA 9 and the Green-Duwamish watershed basin and adjacent Puget
Sound drainage which has not become a party to this Agreement within twelve (12) months of the
effective date of this Agreement may become a party only with the written consent of all the parties.
The provisions of Section 5 otherwise governing decisions of the WRIA 9 Forum shall not apply to
Section 8. The parties and the county or city seeking to become a party shall jointly determine the
terms and conditions under which the county or city may become a party. These terms and
conditions shall include payment by such county or city to the parties of the amount determined
jointly by the parties and the county or city to represent such county or city's fair and proportionate
share of all costs associated with activities undertaken by the WRIA g Forum and the parties on its
behalf as of the date the county or city becomes a party. Any county or city that becomes a party
pursuant to this section shall thereby assume the general rights and responsibilities of all other
parties to this Agreement.
10. Exhibit A-l, attached to this First Amendment, is hereby substituted for Exhibit A to the
Agreement, and is incorporated therein and made a part thereof.
IN WITNESS WHEREOF, this First Amendment is executed by the entities so signing on the dates
indicated below:
Approved as to form:
TOWN OF ALGONA
By:. By:
Title: Title:
Date:' Date:
Date:
CITY OF AUBURN c..-~
Title: Mayor
Date: August 6, 2001
7/2/01 4:17 PM 3
Approved as to form:
By:.
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:,
Title:
Date:
Approved as to form:
'By:
Title:
Date:
CITY OF BLACK DIAMOND
By:
Title:
Date:
CITY OF BURIEN
By:,
Title:
Date:
CITY OF COVINGTON
By:
Title:
Date:
CITY OF DES MOINES
By:
Title:
Date:
CITY OF ENUMCLAW
By:.
Title:
Date:
7/2/01 4:17 PM 4
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:-
By:
Title:
Date:
· Approved as to form:
By:
Title:
Date:
CITY OF FEDERAL WAY
By:.
Title:
Date:
CITY OF KENT
By:,
Title:
Date:
KING COUNTY
By:
Title:
Date:
CITY OF MAPLE VALLEY
By:
Title:
Date:
CITY OF NORMANDY PARK
By:,
Title:
Date:
7/2/01 4:17 PM 5
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:,
Title:
Date:
Approved as to form:
By:
Title:
Date:
Approved as to form:
By:.
Title:
Date:
Approved as to form:
By:,
Title:
Date:
CITY OF RENTON
By:,
Title:
Date:
CITY OF SEATAC
By:
Title:
Date:
CITY OF SEATTLE
By:
Title:
Date:
CITY OF TACOMA
By:
Title:
Date:
CITY OF TUKWlLA
By:
Title:
Date:
7/2/01 4:17 PM 6