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HomeMy WebLinkAboutR-2001-085 Interlocal Agreement for participation in the Eastern washington Water AllianceRESOLUTION NO. R-2001- 85 A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute an Interlocal Agreement for participation in the Eastern Washington Water Alliance, the purpose of said Alliance being the dissemination of water resource information to entities throughout eastern Washington. WHEREAS, water resource management has been and continues to be a concern of Washington counties, cities, water purveyors, tribes, and citizens of the State in general, and WHEREAS, the Alliance recognizes that it is in the best interests of the Eastern Washington that education and the sharing of factual information with elected officials be given a high priority so that water resources and their associated values can be fully utilized, enjoyed today, and protected for tomorrow, and WHEREAS, comprehensive water resource management requires that all interested parties be given adequate opportunity to participate, and water resources issues are best addressed through local cooperation and coordination among the State, Local Governments, and other interested parties, and WHEREAS, utilization and management of the waters of this state are guided by certain general principles, including that uses of water for domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state that are beneficial, and WHEREAS, water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, other governments and are basic to community and individual needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Interlocal Agreement for the Eastern Washington Water Alliance. ADOPTED BY THE CITY COUNCIL this 5th day of June 2001. ATTEST: Karen Roberts, City Clerk Place, Mayor INTERLOCAL AGREEMENT This Interlocal Agreement is entered into by and among the local governments and other entities identified in Exhibit "Membership" of this Agreement, hereinafter know as the "Parties", for the expressed purpose of creating the Eastern Washington Water Alliance, hereinafter known as the "Alliance", whose primary functions shall be to provide for broad participation and education of local governments as well as the Citizens, so represented, with regard to water resource matters, and their impacts on the economic well being of Eastern Washington. WHEREAS, water resource management has been and continues to be a concern of Washington counties, cities, water purveyors, tribes, and citizens of the State in general, and WHEREAS, the Alliance recognize that it is in the best interest of Eastern Washington that education and the sharing of factual information with elected officials be given a high priority so that water resources and their associated values can be fully utilized, enjoyed today, and protected for tomorrow, and WHEREAS, comprehensive water resource management requires that all interested parties be given adequate opportunity to participate, and water resource issues are best addressed through local cooperation and coordination among the State, Local Governments, and other interested parties, and WHEREAS, utilization and management of the waters of this state are guided by certain general principles, including the uses of water for domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state that are beneficial, and WHEREAS, water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, other governments and are basic to community and individual needs. NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises contained herein, the Parties agree to the following terms: "Alliance" means the Eastern Washington Water Alliance. "Alliance Coordinator" means the person or entity contracted with by the Alliance to handle its day-to-day operations, and such person or entity shall serve at the pleasure of the Alliance or Alliance Board. "Board" means the governing body of the Eastern Washington Water Alliance, which shall consist of representatives of the Parties and who shall be elected by the general membership of the Alliance. Tme340tl, Blah ,VZ00[ "Local Governments" means counties, cities, port districts, public utility districts, towns, irrigation districts and any other entity with taxing authority. "Other Entities" means any association, alliance, tribe, coalition, federation, league, partnership or union legally created under the laws of the State of Washington. "Operating Costs" means; a. the amount paid to gather reports and other documents in such matters as enforcement actions, legal proceeding, plans, and studies relating to the water resource matters; b. the amounts paid to contractors for work performed under approved contracts; c. the costs of legal, and other professional service relating to the formation of the Alliance, and resolution of any disputes related thereto; and d. other costs reasonably related to the administration, and general management of the Alliance. "State" means the State of Washington and any of its agencies. 2. MEMBERSHIP Only the following entities can become voting members of the Alliance: Cities, Towns, Counties, Irrigation Districts, Port Districts, Canal/Irrigation Companies, and Other Entities as defined in Section 1, above. Any time that business matters are brought before the general membership for decisions, each member entity shall be entitled to only one vote, irrespective of size or the number of representatives participating on behalf of the entity. All other participants shall be considered non-voting associates. 3. DUTIES OF ALLIANCE The Alliance whose purpose is to gather information, and provide for educational opportunities for its membership shall: V Determine the scope of the education process, including subject matter and sharing opportunities with existing organizations having the same or similar interests; 3.2 Identify representatives of a wide range of water resource interests to participate in the Alliance and assist in the dissemination of factual information; 3.3 Hold public seminars and/or meetings within the State regarding the timely and relevant water resource matters and issues; Tmes4xj, 14 X7 Z,7, Z.001 r.f 4.1 Each of the Parties hereby designates an elected official and/or a staff person who shall be responsible for representing said Parties interest in the Alliance, and to assist in a comprehensive education program related to water resource issues. 4.2 The Alliance Board is authorized to apply for and accept grants in the name of the Alliance from federal, state, local and private sources. 4.3 The Parties hereto shall not be obliged to pay any debts of the Alliance. These costs shall be funded solely through membership fees, grants and voluntary contributions. 4.4 The Alliance's fiscal year shall be July 1 through June 30. Except for the year of its formulation, the annual budget shall be approved by the Alliance Board prior to June 30th each year. The basic funds necessary for the ongoing operation of the Alliance shall be derived from annual membership fees, as set forth in Exhibit "Membership Fees" The Alliance shall provide quarterly reports to each of the Parties regarding its activities in the prior period. Reporting will be made by the Board through Alliance representatives in a mode or manner agreed on by the Board members of this agreement. 6.1 The Alliance shall establish a special account/fund with an entity or institution to be identified by the Board, and to be designated "Operating Fund of the Eastern Washington Water Alliance." All sums received by the Alliance shall be placed in such account/fund and all sums expended by the Alliance shall be disbursed from such account/fund. The Board shall be the custodian of the account/fund, and the Alliance Coordinator shall keep record of the receipts and disbursements, and shall be approved by the Board before any payment are made. All interest earned on sums placed in the Alliance's account/fund shall accrue to said account/fund. Reasonable administrative costs incurred by the Alliance Coordinator in the performance of this Section 6.1 shall be paid by the Alliance, provided, the Alliance is not obligated to pay any such administrative costs in excess of their fair market value. 6.2 The Alliance shall keep full and complete books of accounts showing the costs incurred in connection with the Alliance's programs. The cost of keeping those books shall be an operating cost of the Alliance. Audits of the books shall be performed annually by a committee of the membership appointed by the Board. More frequent audits, if requested by any Party, shall be charged to the Party making the request. The Alliance Coordinator may be a contractor or a person funded by one of the Parties hereto. Tue54&i, A&Y /-Z .2001 aff= There is hereby established a Board to act in the name of the Alliance for the purpose of; 7.1 entering into contracts, engaging consultants, and providing the policy guidance for the activities of the Alliance, 7.2 advising the Parties concerning the Education Process, 7.3 providing the Parties the opportunity to resolve any disagreements that may arise between or among the Parties or their representatives with respect to the Education Process, and the general operation of the Alliance, and 7.4 providing a mechanism for reviewing costs, and 7.5 for the additional purposes as may be determined by the Parties to this Agreement. The Board shall, initially, consist of representatives from the four Cities of Connell, Richland, West Richland, and Yakima. Their term of office shall not extend beyond the first general election, which shall be held prior to the June 30, 2002. Thereafter the Board shall consist of elected members in accordance with the procedures set forth herein. Approximately one-third of the Board members shall be elected every three (3) years and their term shall commence on the first day of the fiscal year following their election. Elections shall be held during the months of April or May of each year, with the actual election dates to be established by the Board. The Board shall consist of representatives of the Parties, who have been approved by their legislative authority to participate on the Board. No Party may have more than one representative seated on the Board at any one time. Such representative may be either an elected official or an upper level staff person, and each representative shall have one vote. The Board shall have no less than seven (7) and nor more than eleven (11) positions. A quorum of the Board shall be sixty (60) percent of the current number of Board positions. The Board shall take action by a majority vote whenever a quorum is present. The Board shall elect a chairperson from among its members, and the chairperson shall only vote to break a tie. The chairperson shall appoint necessary committees and subcommittees, with the approval of the Board. 8. ALLIANCE AND PUBLIC PARTICIPATION The Alliance shall work in cooperation with Federal, State and Local Governments through public meetings, seminars, and other methods to provided education opportunities for members of the Eastern Washington community. rur*'7' 740,7 V, /-001 This Agreement constitutes an exercise of the Parties authority under Chapter 39.34 RCW, the Interlocal Cooperation Act. Copies of this Agreement and the resolutions from each the Parties authorizing the execution hereto shall be filed with the State Department of Community, Trade and Economic Development, the Secretary of State, and with the County where the Alliance Coordinator resides. Cost of recording shall be an operating cost. 10. EFFECTIVE DATEITERM OF AGREEMENT This Agreement shall be in effect as of date that it has been ratified by the four Cities of Connell, Richland, West Richland, and Yakima. 10.1 This Agreement shall automatically terminate effective at anytime the Alliance does not have sufficient funds necessary to meet current operating costs, unless the Parties each agree to contribute the sufficient additional funding as may be necessary to meet operating costs for the current fiscal year. 10.2 This agreement may be terminated at any time upon thirty days written notice from each or any of the Parties. 103 Unless earlier terminated under Section 10.1 or by written notice from each of the Parties, this Agreement shall terminate five years from the effective date first above written. This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. This Agreement may only be amended, when proposed amendments are approved by a simple majority of the Parties hereto. Amendments shall be numbered and attached to the Agreement and distributed to each of the Parties hereto within 30 days of such action. Vnr-540.7' Xxi A /-001 Exhibit "Membership" City of Connell By: Date Gary Walton, Mayor City of Richland By: - —Date Jerry Peltier, Mayor City of West Richland By:Date Bob Thompson, Mayor City of Yakima ,,,�u:3�r �� aha By: f /c =l �= /Date Ma r%Place, Mayor By. Date By: Date By. Date By: Date By. Date By. Date By. Date By. Date By. Date By: _ Date By. Date By. Date A Voting Membership: Cities & Towns Exhibit "Membership Fees" 0 — 3,500 population 3,501 — 10,000 population 10,001 — 100,000 population 100,000 plus population Counties ........................ Irrigation Districts ........................ CanallIrrigation Companies .................. Port Districts ................... Other Entities ........................ Associate Memberships: Business Regional/State Wide Local Individuals ........... I ............ State and Federal Agency .................... $ 50.00 $ 150.00 $ 0.015 perpita $1,500.00 $ 250.00 $ 0.025 X Assed Acres $ 50.00 $ 200.00 $ 150.00 $ 200.00 $ 75.00 $ 25.00 $ 250-00 "Membership" (continued) coo a ��.n1 By: i iD-�-Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date By: Date EASTERN ' WASHINUTC#N WAT- ALLIANCE 2 Dated L4 " I -I - 0,;L - ATTEST ,;L - ATTEST TO: APPROVED TO FORM: Attorney motALLIANC PROVED TO FORM: IY i 7 A � N Mayor Dated � -� ATTEST TO: WAWW Interlocal Agreement Approved by the City Council of the City of Roslyn, Washington this 13th day of November, 2001 David Gerth, Mayor Attest: Maria Fischer City Clerk IT IS HEREBY AGREED by the City Council of the City of Tonasket, Washington at a regular Council meeting held on October 9, 2001, as reflected in the minutes thereof, that the City of Tonasket will participate as a voting member of the Eastern Washington Water Alliance as set forth in the attached agreement, as received in the attached letter dtd. September 25, 2001 from Nancy Aldrich on behalf of the organizers of the said Alliance. APPROVED: I " David T. Caddy, Sr., Mayor ATTEST: — A, �161 Alice J. At d, Clerk/Treasurer additional funding as may be necessary to meet operating costs for the current fiscal year. This agreement may be terminated at any upon thirty days written notice from each or any of the Parties. Unless earlier terminated under Section 10.1 or by written notice from each of the Parties, this Agreement shall terminate five years from the effective date first above written. ADOPTION and AMENDMENTS This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect as if t party had signed all other counterparts. This Agreement may only be amended, when proposed amendments are approved by a simple majority of the Parties hereto. Amendments shall be numbered and attached to the Agreement and distributed to each of the Parties hereto within 30 days of such action. CITY OF PROSSER v By Mayor Dated -Z --- ATTEST TO: I s city 5 APPROVED TO FORM: City Attorney Al EASTARN WASHINGTON WAIM ALLIANCE 0% CITY OF N By Mayo , Dated I ATTEST TO: City Clerk APPROVED TO FORM: Attorney h FA5TERN WASHINGTON WAM AUJANCt 0%00% PORT OF BENTON thairman Dated RA Eg. Mfe F-11 I a 04 060 4 -Dw*wol k"k I FfM F Am Port Aftomey lw CITY OF By Mayqu Dated IZ-1,3­0 I ATTEST TO: APPROVED TO FORM: City Attorney /- z �VA�f4?MGYGN tai`' #l�tAkiGE CITY OF By ✓11-�-�1 ' . Mayor Dated J - OD_ b j ATT TO : T��� APPROVED TO FORM: J�j, A-,') City Attorney IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year of 22 of October, 2001. Town of Odessa Lincoln County, Washington By Carl Ryan, May ATTEST: 42—vo�7-3 Linda Burghard, Cler - reasurer SCD NOV 0 8 2001 IT IS HEREBY AGREED by the City Council of the City of Oroville, Washington at the October 16, 2001 regular Council meeting, as reflected in the minutes thereof, that the City of Oroville will participate as a voting member of the Eastern Washington Water Alliance as set forth in the attached agreement, as received in the attached letter dated September 25, 2001 from Nancy Aldrich on behalf of the organizers of the said Alliance. EXECUTED THIS 17TH day of October, 2001. •'K. R-ynoldori ATTEST: Kath Toe , erk-Treasurer 1 - RESOLUTION NO. 2002- e y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHELAN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE EASTERN WASHINGTON WATER ALLIANCE INTERLOCAL AGREEMENT ON BEHALF OF THE CITY AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has been requested to participate in the Eastern Washington Water Alliance activities which are primarily to educate local governments and citizens with regard to water resource matters and the impact of water resource matters on the economic well-being of Eastern Washington; and WHEREAS, the City Council is supportive of the efforts of the Eastern Washington Water Alliance and is willing to commit the City to the terms of the Interlocal Agreement presented by the Eastern Washington Water Alliance; now , therefore, THE CITY COUNCIL OF THE CITY OF CHELAN, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Chelan hereby advises the Eastern Washington Water Alliance and the other participating entities that it interprets Section 10.2 of the Eastern Washington Water Alliance Interlocal Agreement as permitting the City of Chelan or any other participating entity to withdraw from participation in the Interlocal Agreement upon thirty (30) days prior written notice to the Alliance Coordinator or to one of the Cities of Connell, Richland, West Richland, ICDZWO027651. DOC; 1/00018.090000/)011102 1 or Yakima. ___ The authorization of -the Mayor to sign this Agreement on behalf of the City of Chelan as set forth in Section 2 of this Resolution is subject to this interpretation of the Eastern Washington Water Alliance Interlocal Agreement. Section 2. The Mayor is hereby authorized to execute on behalf of the City that certain Interlocal Agreement establishing City of Chelan participation in the Eastern Washington Water Alliance. C�.. —aS ..� rf TLS.. 7l ,_..,.L.aS ..� ,.L..it L,. 3ecti- 911 3. I Hi i ZWc MIULi531i blidi1 L1c n1t%;L1 ;:; 3ii1111culilLuly upoll passage Uy City Council. RESOLVED this 9,1 day of fru 2002. APPROVED: MAYOR W. MITCHELL ATKINSON ATTEST/AUTHENTICATED : CITY CLERK, LINDA ALLISON-LILES FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2002- e1 . {CDZW0027651.DOC;1/00018.090000/}011102 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT r� Item No. For Meeting of 6/5/01 ITEM TITLE: A resolution authorizing and directing the Mayor of the City of Yakima to execute an Interlocal Agreement for participation in the Eastern Washington Water Alliance, the purpose of said Alliance being the dissemination of water resource information to entities throughout eastern Washington. SUBMITTED BY: Mary Place, Mayor Clarence Barnett, Councilman Bernie Sims, Councilman CONTACT PERSONITELEPHONE: SUMMARY EXPLANATION: Over the course of the last year and a half, we have participated in and helped sponsor a series of water conferences here in eastern Washington. At the last conference, Eastern Washington Water Summit III, the attendees endorsed the formation of the Eastern Washington Water Alliance, for the stated purpose of gathering, analyzing and disseminating factual information to impacted and interested members of the eastern Washington water resource community. We believe that an educated policy makers we will be in a position to make good water resource related decisions, decisions that will then gamer maximum benefits not just for one entity, but for all members of our eastern Washington community. We accept the fact that in the increasingly complex and fast paced world of water resource management we can no longer stand alone, and this Alliance can provide the mechanism by which we can have access to timely and accurate information on which to base our decisions. Based on a population of 65,000, the annual cost to the City for participation will be $975.00. ution X Ordinance Other (Specify) Interlocal Agreement Mail to (name and address): Phone: Funding Source Water 01 APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Approve the resolution authorizing the execution of the accompanying Interlocal Agreement for the Eastern Washington Water Alliance, by the Mayor of the City of Yakima. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-85