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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