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HomeMy WebLinkAboutReg 2012-07-02 Item 6A - Resolution - Cascade Water Alliance Joint Municipal Utility Services Authority (Repeal Res 1417)COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by N�ilyor' review Co IV/' 06/25/12 BG 07/02/12 BG 6.A. ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 6/25/12 AGENDA ITEM TITLE Resolution approving Cascade Water Alliance's Joint Municipal Utility Services Authority and a new Interlocal Agreement CATEGORY N Discussion Motion N Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 06125112 Mtg Date Mtg Date 07102112 Mig Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police N PW SPONSOR'S Cascade Water Alliance (CWA) has requested to change from a Watershed Management SUMMARY Partnership to a municipal corporation and become a Joint Municipal Utility Service Authority (JMUSA). Approval by Resolution is needed from each of CWA's 8 members. Council is being asked to approve the Resolution which converts CWA into an authority under JMUSA and also converts our current interlocal into a Cascade Water Alliance Joint Municipal Utility Services Agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte N Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/15/12&6/12/12 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE 6/25/12 7/02/12 MTG. DATE 6/25/12 7/02/12 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 06/08/12 Draft Resolution CWA Interlocal Agreement Table of Proposed Policy Changes CWA Joint Municipal Utility Service Agreement Minutes from the Utilities Committee meeting of 05/15/12 and 6/12/12 Resolution in final form 59 AN City of TUkwila Washington Resolution loo. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN THE CASCADE WATER ALLIANCE JOINT MUNICIPAL UTILITY SERVICES AGREEMENT, WHICH CONVERTS CASCADE WATER ALLIANCE INTO A JOINT MUNICIPAL UTILITY SERVICES AUTHORITY; AND REPEALING RESOLUTION NO. 1417. WHEREAS, the City of Tukwila and members of the Cascade Water Alliance "Cascade entered into an Interlocal Contract effective June 1, 1999 (Resolution No. 1417), which was amended and restated on December 15, 2004 and on October 26, 2011; and WHEREAS, Section 3.3 of the Interlocal Contract provides that Cascade may be converted into a separate municipal corporation if and as permitted by law, and that upon the creation of such separate municipal corporation, all Cascade rights and obligations and all Member rights and obligations shall transfer to that new municipal corporation; and WHEREAS, in 2011 the Washington State Legislature enacted the Joint Municipal Utilities Services Act codified as Chapter 39.106 RCW "the Act which provides in RCW 39.106.080 for the conversion of an existing governmental entity formed under the Interlocal Cooperation Act (Chapter 39.34 RCW) into a Joint Municipal Utility Services Authority under the Act; and WHEREAS, in accordance with Sections 3.3 and 10.4 of the Cascade Water Alliance Interlocal Contract, Cascade's members (who are all public agencies that are parties to an existing interlocal contract) are otherwise eligible to form a Joint Municipal Utility Services Authority under the Act to provide the relevant utility services; and WHEREAS, the City of Tukwila intends to ratify the new Contract —which shall be known as the Cascade Water Alliance Joint Municipal Utility Services Agreement upon a 65% dual majority vote of the members' legislative authorities —in compliance with the Act to support the conversion of Cascade into a Joint Municipal Utility Services Authority; W: \Word Process ing- City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT GL:bjs Page 1 of 2 61 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor of the City of Tukwila is authorized on behalf of the City to sign the Cascade Water Alliance Joint Municipal Utility Services Agreement, which (1) converts Cascade Water Alliance into a Joint Municipal Utility Services Authority, and (2) converts the current Cascade Water Alliance Interlocal Contract into the Cascade Water Alliance Joint Municipal Utility Services Agreement. Section 2. Repealer. Resolution No. 1417 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Verna Seal, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing- City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT 62 GL:bjs Page 2 of 2