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006-23 - Ordinance - Water Quality Stormwater Capacity Agreement AmendmentDocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB8651D54138CA ORDINANCE NO. 006-23 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE TERMS AND CONDITIONS OF WATER QUALITY STORMWATER CAPACITY AGREEMENT AMENDMENT NO. 1 WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY, AND RATIFYING THE MAYOR'S EXECUTION OF THE AMENDMENT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City was awarded a grant from the Washington State Department of Ecology's FY2021-23 Municipal Stormwater Capacity Grants Program in the amount of $50,000; and WHEREAS, funds awarded through this grant will be used to meet the City's obligations under its National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharge, including operation and maintenance program activities; and WHEREAS, on September 13, 2022, the City Council accepted the grant (Contract No. 103-22, Ecology Agreement No. WQSWCAP-2123-PoOrPW-00135) from the Washington State Department of Ecology (Ecology) Capacity Grants Program and authorized the Mayor to execute the Agreement; and WHEREAS, on March 14, 2023, Ecology authorized Amendment No. 1 to the grant, increasing the available funding by an additional $25,000 and extending the grant period to June 30, 2023; and WHEREAS, the Port Orchard City Council has determined it to be in the best interest of the City and its Residents to authorize execution of the Amendment No. 1 to Agreement No. WQSWCAP-2123-PoOrPW-00135 with Ecology for additional grant funding of $25,000, increasing the total grant funding to $75,000; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Ratification. The City Council hereby Ratifies the Mayors execution of Amendment No. 1 to Contract No. 103-22, Ecology Agreement No. WQSWCAP-2123-PoOrPW- 00135, and the acceptance of additional grant funding from the Washington State Department of Ecology (Ecology) under Ecology's FY 2021-2023 Municipal Stormwater Capacity Grants Program in the amount of $25,000.00, for a total grant acceptance of $75,000. The Mayor is authorized to take all actions necessary to effectuate the City's receipt of this grant funding. DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B 11 F-DB865D54B8CA Ordinance No. 006-23 Page 2 of 2 SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 1111 day of April 2023. A�D6c"fiSioned by: F6fVAJA,e� Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: Charlotte A. Archer, City Attorney PUBLISHED: April 14, 2023 EFFECTIVE DATE: April 19, 2023 DocuSigned by: Robert Putaansuu, Mayor SPONSOR: irzAo . Cindy carelli, Counciimember