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HomeMy WebLinkAboutRes 1604 - Cascade Water Alliance Issue and Sell Initial Bonds �J�� A...w !0 i J; EG) 0 i 'M 1908 C ity fT �a it o u Washington Resolution No. 14 G T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR OR HIS DESIGNEE TO EXECUTE CERTIFICATIONS, ENTER INTO A CONTINUING DISCLOSURE UNDERTAKING, AND DO ALL THINGS NECESSARY TO ENABLE CASCADE WATER ALLIANCE TO ISSUE AND SELL ITS INITIAL BONDS. WHEREAS, the City of Tukwila (the "City entered into an Interlocal Agreement effective June 1, 1999, as amended and restated as of February 28, 2005 (the "Interlocal Agreement relating to the creation of the Cascade Water Alliance "Cascade and WHEREAS, pursuant to the Interlocal Agreement, Cascade is authorized to issue bonds for its purposes upon approval of the Cascade Board; and WHEREAS, the Cascade Board has determined to issue its initial bonds in a principal amount of approximately $58 million, to pay the costs of carrying out a portion of the capital program described in its Watershed Management Plan; and WHEREAS, pursuant to the Interlocal Agreement, debt service on the bonds will be paid directly from net revenue of Cascade and, indirectly, from member charges to be paid by the City and other members of Cascade; and WHEREAS, the Interlocal Agreement includes a "step up" provision, which provides that if any member fails to pay its share of member charges, the other members shall pay to Cascade (in addition to its own member charges otherwise due) the defaulting member's charges in proportion to each remaining member's share; and WHEREAS, the City now desires to recognize the issuance of bonds by Cascade and the City's responsibilities with respect thereto under the Interlocal Agreement, and to authorize and direct the Mayor or his designee to sign closing certificates and a continuing disclosure undertaking in connection with the bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City hereby acknowledges the issuance of approximately $58 million principal amount of bonds by Cascade, and acknowledges the City's responsibilities with respect thereto set forth in the Interlocal Agreement. The City authorizes and directs the Mayor or his designee to execute one or more certificates with respect to: A. Information regarding the City included in Appendix A to the Preliminary and Final Official Statements for the bonds; B. The absence of litigation with respect to the bonds and the City's obligations under the Interlocal Agreement; and C. The due authorization by the City of, and the validity of, the Interlocal Agreement. C: \Documents and SettingsWll Users\Desktop\Kelly\MSDATA \Resolutions \Cascade Water Alliance.doc PB:ksn 4/13/2006 Page I of 2 In addition, the City hereby authorizes and directs The Mayor or his designee to enter into an ongoing disclosure undertaking with respect to financial and operating data regarding the City included in the Official Statement. Section 2. 'The Mayor or his designee is authorized to take any actions and to execute documents as in his judgment may be necessary or desirable in order to carry out the terms of, and complete the Cascade bond issuance contemplated by, this Resolution. All acts taken pursuant to the authority of this Resolution, but prior to its effective date are hereby ratified. PASSED BY THE CITY COUNCIL 4E THE CITY OF�TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST/ AUTHENTICATED: Dennis Robertson, Council President Jan Cantu, CHIC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk- Passed by the City Coun i.1/' 7-6 CO Office of the City Attorney Resolution Number- l �D C:\Documents and Settings\All Users\ Desktop \Kelly\MSDATA\Resolutions \Cascade Water Alliance.doc PB:ksn 4/14/2006 Page 2 of 2