HomeMy WebLinkAboutRes 1823 - Participation in Community Connectivity ConsortiumCity of Tukwila
Washington
Resolution No. 1823
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 City public functions and benefits the City of
Tukwila, 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.
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B. Representative.
1. The Council authorizes the Mayor to designate a City representative and
an alternate to act as a voting member on the CCC ( "the Representative ").
2. 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.
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.
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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 `$T day of Her L. , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flahe- , MMC, City Clerk ` 'S an Quinn, Council President
APPROVED AS TO FORM BY:
Q (Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council: la
Resolution Number:
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