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HomeMy WebLinkAboutRes 1771 - Cascade Water Alliance Joint Municipal Utility Services AgreementCity of Tukwila Washington Resolution No. 1771 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 Processing- City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT GL:bjs Page 1 of 2 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 1 u �1 1 2012. ATTEST /AUTH ENT[ CATED: L r'F L1 Christy O'Fla erty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: C S4efIe!Fy Kers City Attorney Filed with the City Clerk: 6- Passed by the City Council:' Resolution Number: W: \Word Processing- City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT GL:bjs Page 2 of 2