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HomeMy WebLinkAbout2690 Wee 1 RESOLUTION NO. 2 6 9 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE INTERIM WATER GROUP 4 5 WHEREAS, three caucuses representing the King County 6 Water Alliance, the City of Seattle and the Suburban Cities Association (the "Tri-Caucus") have met since 1993 to discuss 8 and to propose action with regard to the future of water 9 supply and planning for the region; and WHEREAS, the Tri-Caucus has reached agreement on several 10 11 key issues as memorialized in the Regional Water Supply Governance Accord dated March 24 , 1993 ; the Resolution of 12 13 Intent Regarding Regional Water Supply Governance dated 14 December 8 , 1993 ; the Water Governance General Agreement of 1 Principles dated December 14 , 1994 ; and most recently, the 15 Principles Regarding the Relationship Between Seattle and the 16 17 New Entity and Guiding Vision statement dated August 30, 1995 18 which defines the relationship between the City of Seattle and 19 a proposed new water supply governance organization ("New 20 Entity") ; and 21 WHEREAS, the parties desire to create an interim group by 22 interlocal agreement composed of water purveyors and other 23 interested municipalities to focus on the organizational and 24 financial structure of the New Entity; and 25 26 Resolution No. 2690 December I I 1995 Page I 1 WHEREAS, the purpose of this interlocal agreement is to 2 provide a mechanism for the accumulation of financial 3 resources; to retain professional assistance for the purpose 4 of developing a framework for the New Entity and to develop 5 financial data to assess impacts of various proposals; to 6 negotiate a final agreement between Seattle and the New 7 Entity; to provide a focus for negotiations with Tacoma on the 8 Second Supply; and to assist in implementing and carrying out 9 the principles agreed to by the Tri-Caucus; and 10 WHEREAS, this Agreement is entered into pursuant to RCW 11 39 34 entitled the "Interlocal Cooperation Act, " and has been 12 authorized by the legislative parties of each jurisdiction; 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 14 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 15 RESOLVES THAT 16 SECTION 1. The Mayor and City Clerk of the City of 17 Auburn, Washington, are herewith authorized to execute an 18 Interlocal Agreement for the Interim Water Group The purpose 19 of this Agreement is to bring together interested 20 municipalities which are potentially impacted by proposed 21 changes in regional water supply governance and to provide a 22 mechanism for the accumulation of financial resources in order 23 to retain professional assistance for the purpose of 24 developing a framework for the New Entity, to negotiate a 25 26 Resolution No. 2690 December 11, L995 Page 2 1 final agreement between Seattle and the new Entity, to develop 2 financial data to assess impacts of various proposals, to 3 provide a focus for negotiations with the City of Tacoma on 4 the Second Supply and to assist in implementing and carrying 5 out the principles agreed to by the Tri-Caucus A copy of 6 said Agreement is attached hereto and denominated as Exhibit 7 "A" 8 SECTION 2 . The Mayor is hereby authorized to implement 9 such administrative procedures as may be necessary to carry 10 out the directives of this legislation 11 DATED and SIGNED this 18th day of December, 1995 12 CITY OF AUBURN 13 14 C11 (, OKI \ 15 4�W CHARLES A BOOTH MAYOR 16 ATTEST 17 18 I/d-'(1-PjA ZO(/ 11-110-tg Robin Wohlhueter, 19 City Clerk 20 21 APPROVED AS TO FORM)22 23 Michael J Reynolds, 24 City Attorney 25 26 Resolution No. 2690 December t 1 1995 Page 3 Interlocal Agreement for the Interim Water Group WHEREAS, three caucuses representing the King County Water Alliance, the City of Seattle and the Suburban Cities Association (the "Tri-Caucus") have met since 1993 to discuss and to propose action with regard to the future of water supply and planning for the region; and WHEREAS, the Tri-Caucus has reached agreement on several key issues as memorialized in the Regional Water Supply Governance Accord dated March 24, 1993; the Resolution of Intent Regarding Regional Water Supply Governance dated December 8, 1993; the Water Governance General Agreement of Principles dated December 14, 1994, and most recently, the Principles Regarding the Relationship Between Seattle and the New Entity and Guiding Vision statement dated August 30, 1995 which defines the relationship between the City of Seattle and a proposed new water supply governance organization ("New Entity"); and WHEREAS, the undersigned parties desire to create an interim group by interlocal agreement composed of water purveyors and other interested municipalities to focus on the organizational and financial structure of the New Entity; and WHEREAS, the purpose of this interlocal agreement is to provide a mechanism for the accumulation of financial resources; to retain professional assistance for the purpose of developing a framework for the New Entity and to develop financial data to assess impacts of various proposals; to negotiate a final agreement between Seattle and the New Entity; to provide a focus for negotiations with Tacoma on the Second Supply; and to assist in implementing and carrying out the principles agreed to by the Tri-Caucus; and Interim Water Group Inter 11/2 19al Agreement g/O 11/22/95 1 (� CC.JJ organization and procedures of the Board. The initial By-Laws shall be adopted by the Board and may thereafter be amended by a vote of the Board. The By-Laws may provide for a weighted vote method related to assessments and/or financial contributions. 4 Duration. This Agreement shall remain in effect until December 31, 1997 unless earlier terminated or amended pursuant to Section 8. 5. Finances. a. Budget. The Board shall adopt a budget. The budget shall include projected expenditures reasonably necessary to achieve.the Group's purposes and may include staff compensation and staff support, as well as compensation for professionals hired by the Group. Because the monetary needs of the Group may not be foreseeable for any annual period and because contributions/assessments of the parties may occur at various times, the budget may be amended as needed by the Board. b. Dues. Assessments and Membership Fee. To fund the budget, the parties may agree to commit to paying dues and assessments as recommended by the Board or make voluntary contributions. In addition, a one time new member fee shall be paid by parties to this agreement as a requirement of membership This fee shall be non-refundable. The new member fee shall be an amount equal to the product of$1000 times the member's average annual retail water sales for the previous calendar year measured in million gallons per day (mgd) to the nearest tenth of an mgd, not to exceed $2500. teYc94 Interim Water Group Interlocal Agreement 11/22/95 3 obligates itself to join or otherwise become a member of the New Entity or to forego or otherwise alter its current water purveyor contract with Seattle. d. This Agreement shall not constitute a delegation of any of the powers of the individual parties to the Group e. The Group and its Board shall not enter into agreements or take actions which are inconsistent with the purpose and authorizations set forth in this Agreement. f The Board shall not incur debt or obligations beyond the financial resources that have been committed to and received from members. 8. Amendment and Termination. a. Amendment. This Agreement may be amended by written approval of the parties. b. Termination. This Agreement may be terminated at any time by a vote of the Board. Upon termination, all obligations of the Group shall be paid and any assets of the Group shall be distributed to the parties pursuant to a distribution formula established in the By-Laws based on fees, dues, assessments and voluntary contributions of the parties. 9. Limitation of Liability Neither the members of the Group nor its Board or officers shall be individually liable for any debts or obligations of the Group. Each member shall be obligated to contribute to the Group only those amounts determined pursuant to the procedures set forth in the By-Laws. Interim Water Group Interlocal Agreement 11/22/95 5 Draft By-Laws Interim Water Group Article I - Name, Purpose and Objective Section 1 1 The name of the organization shall be the Interim Water Group ("Group"). The registered office of the Group shall be the address of the Chair of the Group. Section 1.2. The purpose of the Group is to bring together interested cities and districts (special purpose districts) which are potentially impacted by proposed changes in regional water supply governance; to provide a mechanism for the accumulation of financial resources; to retain professional assistance for the purpose of developing a framework for the New Entity and to develop financial data to assess impacts of various proposals; to negotiate a final agreement between Seattle and the New Entity; to provide a focus for negotiations with Tacoma on the Second Supply; and to assist in implementing and carrying out the principles agreed to by the Tri-Caucus. Section 1 3. The Group shall work closely with the Tri-Caucus to insure that any work products are consistent with the principles and vision adopted by the Tri-Caucus. In addition, the Group will communicate on an on-going basis with the Seattle Water Purveyors Committee, and Regional Water Associations within King County Article II - Membership Section 2.1 Membership in the Group shall be open to cities and districts within King County and other cities and districts which are currently contracted water purveyors of the Seattle Water Department. ,e%Si& 9b Interim Water Group By-Laws 11/22/95 Draft 1 representatives to the Board. Special committees shall report to the Board. Article IV - Dues and Assessments and Voting Section 4 1 The Board from time to time may propose dues and assessments which shall be assessed against members in order to accomplish work efforts consistent with the objectives of the Group and to cover expenditures anticipated in the approved budget. Section 4.2. The Board shall adopt dues and assessments based upon members' average annual retail water sales for the previous calendar year measured in million gallons-per day (mgd) to the nearest tenth of an mgd. Within 60 days of written notice of such proposals members shall notify the Board in writing of the member's commitment to such dues or assessments. Commitments may be for all-or any portion of the proposed dues or. assessment. If no written commitment is received by the Board within the 60 day time period, the Board shall assume that the member has made no commitment for any portion of the proposed dues and assessment. Commitments shall be binding upon the members. The Board may solicit voluntary contributions from members to meet additional needs resulting from uncommitted portions of dues and assessments. Voluntary contributions are those portions of dues or assessments that members choose not to pay, and therefore are made available to other members. Voluntary contributions shall be accepted by the Board from members in order of size, from the smallest to the largest, based upon average annual retail water sales for the previous calendar year Section 4 3 Upon a commitment to pay dues or assessment as provided for in Section 4.2, members shall have 60 days from the date of commitment to pay dues and assessments. Interim Water Group By-Laws 11/22/95 Draft 3 Chair - Preside at meetings; determine the location and program for each meeting; appoint and assign duties and responsibilities to special committees as necessary; and sign resolutions and contracts as authorized by the Board. Vice Chair -Act in the absence of the Chair; act as the Board liaison to special committees; and carry out other duties as assigned by the Chair Secretary/Treasurer - Insure the recording and circulation of minutes of meetings; insure the proper notification of meetings; send notices of proposed dues and assessments to members; authorize disbursements for expenditures approved by the Board; file all necessary reports and records required by law; and make reports at Board meetings as to the status of the treasury Article VI - Meetings Section 6.1 Meetings of the Board shall occur on a.regular basis as determined by the Board in order to carry out the business of the Group Special meetings shall be called by the Chair The Chair shall be obligated to call a special meeting within two weeks of the written request of three (3) members. The Chair shall be obligated to include agenda items on the next scheduled meeting if so requested by at least three (3) members. Written notice of meetings shall be mailed to members at least seven (7) days prior to any meeting, provided, however, in an extraordinary or emergency situation, the Chair, with concurrence of the Vice Chair, may waive the seven day notice provision and shall have the discretion of notifying members of a meeting by telephone or fax. Section 6.2. The most recent edition of Robert's Rules of Order shall apply at any meeting of the Group Interim Water Group By-Laws 11/22/95 Draft 5 Vice Chair Treasurer Interim Water Group By-Laws 11/22/95 Draft 7 Clti CHARLES A.BOUM.NIAYUR .r AUBURN CITY ATTORNEY nhchdel J Remolds wR Anorne. At it 25 West Main, Auburn WA 98001-4998 Judah C Aosman AS9slanl C"� AnoznC\ x{11 1.1i Karen C Gunner.PinsccWOr / (206) 931-3030 S STATE OF WASHINGTON) ss COUNTY OF KING I , Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2690 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2690 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of December, 1995 Witness my hand and the seal of the City of Auburn this 16th day of February, 1996 timputaltutat Robin Wohlhueter City Clerk City of Auburn