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HomeMy WebLinkAboutUtilities 2014-04-07 Item 2B - Resolution - Community Connectivity ConsortiumCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Jim Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director'I�` BY: Frank Iriarte, Deputy Public Works Director DATE: April 4, 2014 SUBJECT: Community Connectivity Consortium Project No. 11201304 Resolution Modifying Resolution No. 1763 ISSUE Approve new resolution modifying Resolution No. 1763. BACKGROUND On February 21, 2012, through Resolution No. 1763, Tukwila City Council approved the Community Connectivity Consortium (CCC) Charter and adopted the Interlocal Agreement with other entities in the Puget Sound region for creating and joining the Consortium. The purpose of the Consortium is to acquire, construct, operate, manage and maintain a regional communications network that meets the needs of community institutions, including government agencies, hospitals, schools, and universities. DISCUSSION Since the formation of the Consortium, several fiber optic projects have been completed through Project Agreements. During legal review of the Project Agreements affecting Tukwila, a few operational and legal matters were raised. In light of the issues, the City's Special Legal Counsel has recommended modifying Resolution 1763. Attached is a draft modified resolution that clarifies the City's role with the Consortium and addresses measures recommended by the City's Special Legal Counsel including: • The Council's public purpose goal for joining the Consortium. • Authorizing the Mayor to designate a non - exempt employee to act as the City's representative and as a voting member on the CCC. Also, to designate one non - exempt employee as an alternate. • Delegation of authority to implement Consortium projects. • Financing of projects. RECOMMENDATION Council is being asked to approve the Resolution that modifies Resolution No. 1763 for the Community Connectivity Consortium and consider this item at the April 14, 2014 Committee of the Whole Meeting and subsequent April 21, 2014 Regular Meeting. Attachment: Draft Resolution Modifying Resolution No. 1763 W: \PW Eng\ PROJECTS \Communications \Community Connectivity Consortium \Info Memo - Resolution 1763 Modification.docx 15 T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CITY'S PARTICIPATION IN THE COMMUNITY CONNECTIVITY CONSORTIUM AND MODIFYING RESOLUTION NO. 1763. WHEREAS, the City of Tukwila is a member of the Community Connectivity Consortium (CCC), a non -profit government corporation established for the purpose of implementing a regional communications network as set forth in Resolution No. 1763 and the Interlocal Agreement Establishing the CCC with the City of Tukwila ( "Interlocal Agreement "), adopted February 21, 2012; and WHEREAS, the City Council desires to participate as a voting member of the CCC and to participate in projects with the CCC; and WHEREAS, the City Council desires to clarify its role with the CCC and implement housekeeping measures recommended by staff and the City's legal counsel; and WHEREAS, the City Council intends for this resolution to supplement and, where necessary, modify Resolution No. 1763 and the Interlocal Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of the City of Tukwila's participation in the Community Connectivity Consortium (CCC) is to efficiently and effectively use the City's resources to acquire, construct, operate, manage and maintain a communications network that promotes and supports public functions of the City and benefits City residents, as authorized by RCW 35.21.730, RCW 39.34.030, and other applicable laws. Section 2. Participation; Designations of Representative and Subcommittee. A. Voting Member. The City Council hereby approves of the City's participation in the CCC as a "voting" member of the CCC, subject to the CCC's duly adopted Charter and bylaws. W:1Word Processing \Resolutions\Community Connectivity Consortium clarification 3 -24 -14 Fl:bjs Page 1 of 3 16 B. Representative. 1. The Council authorizes the Mayor to designate a non - exempt employee to act as the City Council's representative and a voting member on the CCC ( "the Representative "), and one alternate non- exempt employee to replace the Representative. The Mayor may remove the Representative and /or alternate from such designation at the Mayor's discretion. 2. The City Council authorizes the Representative to: (a) Work with the CCC on projects and administrative matters concerning the CCC, and projects duly approved by the Mayor or the City Council; and (b) Vote on administrative affairs of the CCC, including amendments or clarifications of the CCC's Charter and bylaws, the CCC budget, and the day -to -day affairs of the CCC. 3. The Representative is not authorized to decide or vote on matters that directly or indirectly impact the City of Tukwila's budget, finances, projects or policies, which matters shall be decided solely at the discretion of the City Council or the Mayor. C. Committee Review. The City Council designates the Council's Utilities Committee to gather information and report back to the Council regarding the CCC and the Representative's activities. The Representative will file a written report with the Utilities Committee at least once every six months regarding the City's activities with the CCC. Section 3. City Property. A. Ownership. The City shall continue to own and manage all City property that may be subject to projects with the CCC, including City rights -of -way, fiber, conduits and other city assets ( "City Property "), unless otherwise expressly agreed to in writing by the City and allowed by law. The City shall not transfer to the CCC the City's surplus fiber or other assets unless otherwise expressly agreed to in writing and allowed by law. B. CCC Use. The City may authorize the CCC and its members to use City Property as authorized in writing by the City and allowed by law. C. Private Party Use. The City may authorize private party use of City Property provided such use complies with Tukwila Municipal Code Chapter 11.32 and other applicable laws, and is duly approved by the City Council. Section 4. Project Agreements. All agreements between the City and the CCC or its members regarding use of City Property shall be reviewed by the City Council's Utilities Committee, and approved by the City Council. If an agreement or project is time sensitive, it may be brought directly to the City Council. W: \Word Processing \Resolutions \Community Connectivity Consortium clarification 3 -24 -14 Fl:bjs Page 2 of 3 17 Section 5. Non - delegation. The City Council does not delegate to the CCC any of the Council's powers except as expressly set forth in Section 2, regarding the Representative's authority. Section 6. Manner of Financing; Budget. The City and the CCC shall maintain separate finances and budgets unless expressly authorized in writing by the City Council. The City will finance projects with the CCC as authorized by law. The City Council authorizes the Mayor and the Public Works Director to expend such funds as adopted in the City's budget for such purpose. Section 7. This resolution supplements and is intended to be consistent with Resolution No. 1763 and the Interlocal Agreement. In the event this resolution conflicts with Resolution No. 1763 or the Interlocal Agreement, this resolution shall prevail, to the extent allowed by law. Section 8. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W:\Word Processing \Resolutions\Community Connectivity Consortium clarification 3 -24 -14 FI:bjs Page 3 of 3 18