HomeMy WebLinkAboutReg 2009-01-05 COMPLETE AGENDA PACKET Tukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder
1908' Rhonda Berry, CityAdministrator Dennis Robertson Verna Griffin
Joe Duffie, Council President Kathy Hougardy De'Sean Quinn
6:30 -7:00 PM EXECUTIVE SESSION
Personnel Issue; pursuant to RCW 42.30.110(1)(g)
Please see attached reference materials.
Monday, January 5,2009; 7:00 PM Ord #2222 Res #1675
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Introduction of K9 Police Officer Jamie Sturgill and his partner "Gino;"
PRESENTATIONS David Haynes, Police Chief
3. APPOINTMENTS Appointment of Andrew Kim to Position #5 on the Sister Cities Committee, Pg.l
with a term expiring 12/31/2012.
4. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please limit your comments tofive minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
5. CONSENT a. Approval of Minutes: 12/1/08 (Regular).
AGENDA b. Approval of Vouchers.
6. UNFINISHED An ordinance authorizing the execution of an Interlocal Agreement relating to Pg.5
BUSINESS the South Correctional Entity (SCORE) facility.
7. NEW BUSINESS a. Election of Council President for 2009. Pg.65
b. A resolution authorizing participation in the "Cascade Agenda" City program. Pg.67
8. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
9. MISCELLANEOUS
10. EXECUTIVE
SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933.
This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
�J�.p11LA; .h'q�;
is y I ITEM NO.
y tZ
le. rVIeetin� Date Prepared by Mayor's review 1 Council review
01/05/09 1 so' {k I x. 11
1 1 1
rso I 1
ITEM INFORMATION
CAS NUMBER: 09-001 (ORIGINAL AGENDA DATE: JANUARY 5, 2009
A( I {ND.\ I' ENI TIME Appointment to Sister Cities Committee
C.vri. :G()RY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
1ltg Date Mtg Date 01 /05/09 Mtg Date Mtg Date Mtg Date Mtg Date 1lltg Date
SP( )NSC )R Council Mayor- Adm Svcs DCD Finance Fire Le P &R Police PIV
SP( )NSOR'S Appointment of Andrew Kim to Position #5 of the Sister Cities Committee, term to expire
SUM\L \RY December 31, 2012.
RI II'A\vE BY COW Mtg. 1 1 CA &P Cmte F &S Cmte n Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Confirm appointments
COMMITTEE
COST IMPACT FUND SOURCE
EXPI? vDI "1'URI.
REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
MTG. DATE RECORD OF COUNCIL ACTION
01/05/09
MTG. DATE ATTACHMENTS
01/05/09 Informational Memorandum from Mayor dated 12/17/08
Application for Appointment
�J �j.11LA, Iv
0 ritY Of Th
cP.. 4a 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
I
gg Y
1908
To: City Council
From: Mayor Haggerto s
R e: Appointment ointment toer Cities Committee
Date: December 17, 2008
I am pleased to submit the application of Andrew Kim. Mr. Kim has applied to fill the vacancy
in Position #5. This is the at -large position, which does not require residency in the City. Mr.
Kim was recently an English teacher in Ikawa and has traveled with the Ikawa delegation to
Tukwila in the past. His term in Position #5 will expire December 31, 2012.
Unless I hear otherwise from members of the City Council before December 24, I will invite
Mr. Kim to the January 5, 2009 Regular City Council meeting to have his appointment
confirmed.
Thank you.
/so
encl.
cf: City Clerk
Bev Willison
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
5 cec!vi TUKWILA
PJ
=k t w;ti City of Tukwila
APPLICATION FOR APPO
ENT
f 2 A
Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188
I wish to be considered for appointment to the following board or commission:
Arts Commission Lodging Tax Advisory Committee Park Commission
Equity and Diversity Commission Human Services Board Planning Commission
Civil Service Commission Library Advisory Board IgSister City Committee
Community- Oriented Policing Citizens Advisory Board (COPCAB) Other:
Name: iicnPc2., J Date: \2\c'\\ LAO'S
Address: \Z0.05Z E. 2 T` dL P ummt..13 WA, Zip Code: 93
Phone, Day:05 63 5 5 Night: Email:
Please check all that apply to you within the Tukwila City limits: Resident
School District Representative Business Owner/Manager High School Student
Available to attend meetings: Evenings XDaytime
Present employer /occupation (if retired, please indicate former occupation): t trv_Tha f€
Phone:
Occupational history/background: ?,635 7_0.0.: SCC 1J (.1 Qc2A othm")
1.00►k_ za c ASS'. 4 90 P. a
ProfessionaUcommunity activities (orgs., clubs, service groups, etc.): L.. Noank \JJ4.,\ KIT„. dr;totstrS
Hobbies/interests:
Qualifications related to this position: FLU '.NT T /V Ithf S4- ctzavTA.‘s 3 ,,V, t- N 9
If you have previously served on one of the above boards /commissions, please provide details:
NI J�
Describe why you are interested in serving on this board commission /committee: �j_ tt�.vE C3��A� L >J o c_9AcL-1
Otwt ldXrH 6 PQ,.a AJ`r Vat. -4, ciA,ci'WR.Q co 1
Signature:. Date: \Z>
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this
application or more information regarding the boards or commissions, please call the Mayor's office at 206 433 -1850.
Application for Appointment 6/20/03
.N1LA,;•.., CO UNCIL AGENDA SYNOPSIS
y Marais IT .Em No.
�t liW ry S 1 14eetinA Date I Prepared b y I Mayor's review Corrnat review
Q 1 12/08/08 I RB I 1 1
1 12/15/08 1 RB 1 1 1
s i 01/05/09 RB
1 I 1
ITEM INFORMATION
I CAS NUMBER: 08-159 09-002 1 o c) 'ORIGINAL AGENDA DATE: DECEMBER 8, 2008
A(;1•:Nt) ITEM TITLE South Correctional Entity S.C.O.R.E.) Interlocal Agreement
C. I'1?GOR\' Disctisizon Motion Resolutron Ordinance Bid Award Public Heanng n Other
Alts Date 12/8/08 Mtg Date Altg Date Alt Date 01/05/09 Altg Date Mtg Date Altg Date
Sp. )NS{ )R Cottncil ®1Yluyor Adin Svcs n DCD I 1 Finance U Fire n Legal 1 1 P&R n Police 1J PTV
SPoNS nt's The cities of Auburn, Federal Way, Des Moines, Renton, Burien, SeaTac and Tukwila
SU\IM.1Rl' (Member Cities) recognize there is a public need for a new correctional facility to serve the
South King County region and to provide correctional services at a lower total cost to the
Member Cities. The Council is being asked to pass an ordinance authorizing the Mayor to
enter into an interlocal agreement relating to the S.C.O.R.E. facility and formation of the
S.C.O.R.E. Development Authority.
RI•: \'Il:lt'1?I) Fly COW Mtg. CA &P Cmte F &S Cmte L] Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. n Planning Comm.
DATE: 12/2/08
RECOMMENDATIONS:
SPONSOR /ADIIIN. Authorize the Mayor to sign the agreement
CONIMPI IEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ESPI':NDIu1RI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/08/08 Forward to the next Regular Meeting
12/15/08 Forward to the 1/5/2009 Regular Meeting
01/05/09
MTG. DATE ATTACHMENTS
12/08/08 Informational memorandum dated 11/12/08; Ordinance in draft form; Interlocal Agreement;
City of Renton Ordinance; Charter of the Authority; Bylaws of the Authority; Minutes of the
Finance and Safety Committee Meeting of 12/2/08
12/15/08 Ordinance in draft form; Changes received after 12/08/08 meeting shown in red
Interlocal Agreement; City of Renton Ordinance; Charter of the Authority; Bylaws I
01/05/09 Ordinance in Final Form; Interlocal Agreement; City of Renton Ordinance;
Charter of the Authority; Bylaws; Changes received after 12/15/08 meeting shown in red 1
J 'Y w 2.%
za
C ity of
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ENTITY
FACILITY AND THE FORMATION OF THE SOUTH CORRECTIONAL
ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY; PROVIDING
FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila, Washington (the "City"), is authorized by Chapter
70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of
public safety and welfare; and
WHEREAS, the City currently contracts with other local governments within the
State of Washington for correctional services at a great expense to the City; and
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of
certain projects as provided therein; and
WHEREAS, the Cities of Auburn, Federal Way, Des Moines, Renton, Burien,
SeaTac, and Tukwila, Washington (the "Member Cities recognize and find that there
is a public need for a new correctional facility to serve the South King County region
and to provide correctional services at a lower total cost to the participating Member
Cities than currently available alternatives or than the participating Member Cities
could individually provide; and
WHEREAS, the Member Cities now desire to enter into an interlocal agreement
(the "Interlocal Agreement to form a governmental administrative agency known as
the South Correctional Entity "SCORE to establish and maintain a consolidated
correctional facility (the "SCORE Facility to serve the Member Cities and federal and
state agencies and other local governments that may contract with SCORE in the future
to provide correctional services essential to the preservation of the public health, safety
and welfare; and
WHEREAS, the Member Cities are considering the formation of a public
corporation for the purpose of issuing and servicing bonds that are secured by the full
faith and credit of the Member Cities in order to provide for the financing of the SCORE
Facility; and
WHEREAS, the City of Renton, Washington, has agreed to act as the host city for
the formation of the public corporation, subject to the approval of each Member City;
and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Approval of Interlocal Agreement. The Mayor of the City is hereby
authorized to execute the Interlocal Agreement with the Cities of Renton, Auburn,
Federal Way, Des Moines, Burien, and SeaTac, Washington, substantially in the form as
attached hereto as Exhibit A and incorporated herein by this reference (the "Interlocal
Agreement for the creation of a governmental administrative agency pursuant to
RCW 39.34.030(3) to be known as the South Correctional Entity "SCORE The Mayor
is hereby designated as the "Designated Representative" of the City for the purpose of
the Interlocal Agreement. The Mayor and other appropriate officers of the City are
authorized and directed to take any and all such additional actions as may be necessary
or desirable to accomplish the creation of SCORE.
Section 2. Approval of Formation of the Authority. Pursuant to Chapter 39.34
RCW and RCW 35.21.730 through RCW 35.21.755, the City hereby approves the
creation of a public corporation by the City of Renton to be designated as the South
Correctional Entity Facility Public Development Authority (the "Authority The
purpose of the Authority is to provide an independent legal entity under State law to
issue obligations to finance and refinance the acquisition, construction, improvement
and equipping of a correctional facility (the "SCORE Facility"). Such obligations may
be issued in one or more series, may be in the form of bonds, notes or other evidences of
indebtedness to provide interim and permanent financing for the SCORE Facility and
thereafter, to finance or refinance equipment, completion, expansion and other capital
improvements essential to maintain the SCORE Facility's functionality. Such bonds,
notes, and other evidences of borrowing are collectively referred to herein as the
"Bonds." The proposed form of ordinance to be considered by the City Council of the
City of Renton, along with the Charter and the Bylaws of the Authority, drafts of which
are attached hereto, as Exhibits B, C and D, respectively, are hereby approved. The City
Council hereby approves the formation by the City of Renton of the Authority by the
approval of such ordinance, Charter and Bylaws substantially in the forms presented to
this Council.
Section 3. Limited Liability; Independent Obligations. The Authority shall be an
independent legal entity exclusively responsible for its own debts, obligations and
liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the
assets and credit of the Authority. No creditor or other person shall have any recourse
to the assets, credit, or services of the City on account of any debts, obligations,
liabilities, acts, or omissions of the Authority
Section 4. City Contributions to Operations and Bonds.
A. The City shall pay its allocable portion of the budgeted expenses of
maintenance and operation of the SCORE Facility not paid from other sources, which
allocable portion shall be determined as provided in the Interlocal Agreement. In
addition to the foregoing commitment, the City irrevocably commits to pay its capital
contribution in the percentage provided for in the Interlocal Agreement, which is equal
to 8 to pay debt service on Bonds as the same shall become due and payable and to
pay administrative expenses of the Authority with respect to the Bonds (the "Capital
Contribution The authorization contained in this ordinance is conditioned upon the
issuance of Bonds not exceeding the aggregate principal amount of $100 million (not
including any bonds or notes to be refunded with proceeds of such Bonds) without
obtaining additional Council approval.
B. The City recognizes that it is not obligated to pay the Capital Contribution of
any other Member City; the Capital Contribution of the City shall be limited to its 8%
allocable share of such obligations; all such payments shall be made by the City without
regard to the payment or lack thereof by any other jurisdiction; the City shall be
obligated to budget for and pay its Capital Contribution unless relieved of such
payment in accordance with the Interlocal Agreement. All payments with respect to the
Bonds shall be made to SCORE in its capacity as administrator and servicer of the
Bonds to be issued by the Authority. The City's obligation to pay its Capital
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Contribution shall be an irrevocable full faith and credit obligation of the City, payable
from property taxes levied within the constitutional and statutory authority provided
without a vote of the electors of the City on all of the taxable property within the City
and other sources of revenues available therefore. The City hereby obligates itself and
commits to budget for and pay its Capital Contribution and to set aside and include in
its calculation of outstanding non -voted general obligation indebtedness an amount
equal to the principal component of its Capital Contribution for so long as any Bonds
issued by the Authority remain outstanding.
Section 5. Preliminary Costs; Reimbursement. The City is hereby authorized to
finance costs associated with the design, acquisition, construction, improvement and
equipping of the SCORE Facility prior to the issuance of Bonds by the Authority
pursuant to the terms of the Interlocal Agreement. Pursuant to U.S. Treasury
Regulation Section 1.150 -2(e), the City reasonably expects to be reimbursed for such
expenditures with proceeds of Bonds issued by the Authority The maximum principal
amount of Bonds expected to be issued for the SCORE Facility described in Section 2 is
$100 million.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE Lfl'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009
ATTEST/AUTHENTICATED
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council.
Published.
Effective Date:
City Attorney's Office Ordinance Number:
Attachment: Exhibit A Interlocal Agreement
Exhibit B Proposed City of Renton Ordinance
Exhibit C Charter of the Authority
Exhibit D Bylaws of the Authority
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EXHIBIT A
SCORE INTERLOCAL AGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWTLA,
CITY OF BURIEN,
AND
CITY OF SEATAC, WASHINGTON
Dated as of 2009
TABLE OF CONTENTS
Paee
Section 1. Definitions 2
Section 2. SCORE Facility; Authority 3
Section 3. Duration of Agreement 5
Section 4. Withdrawal and Termination 5
Section 5. Administrative Board 6
Section 6. Operations Board 7
Section 7. Facility Director 8
Section 8. Personnel Policy 8
Section 9. Budget, Policies and Operations 9
Section 10. Contracts and Support Services 9
Section 11. Policy and System Evaluation 10
Section 12. Additional Services Authorized 10
Section 13. Inventory and Property 10
Section 14. Local Control 10
Section 15. SCORE Facility Financing and Construction; SCORE Facility Public
Development Authority 11
Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property 13
Section 17. Compliance with Continuing Disclosure Requirements 13
Section 18. Filing of Agreement 14
Section 19. Severability 14
Section 20. Execution and Amendment 14
Section 21. Third Party Beneficiaries 14
Section 22. Hold Harmless 14
Section 23. Counterparts 15
-i- 12/30/08
EXHIBIT A
SCORE INTERLOCAL AGREEMENT
THIS SCORE INTERLOCAL AGREEMENT ("Agreement") is entered into this
2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities all of which are municipal
corporations under the laws and statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; and
WI- AREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, the Member Cities now desire to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to
establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the
Member Cities and federal and state agencies and other local governments that may contract with
SCORE in the future to provide correctional services essential to the preservation of the public
health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by a public corporation created in
accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured
by the full faith and credit of the Member Cities; and
WHEREAS, the City of Renton has agreed to act as the host city for the formation of a
public corporation to be known as the South Correctional Entity Facility Public Development
Authority (the "SCORE Facility Public Development Authority") subject to the approval of each
Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
Section 1. Definitions. Capitalized teirns used in this Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this Agreement.
"Agreement" means this Interlocal Agreement among the Member Cities, as amended
from time to time.
"Base Percentage" means a percentage equal to the 2007 average daily population
allocable to the Member Cities in all correctional facilities. Those percentages are as follows:
(a) Auburn twenty -nine (29
(b) Des Moines five (5
(c) Federal Way seventeen (17
(d) Renton thirty -four (34
(e) Tukwila eight (8
(f) Burien four (4
(g) SeaTac three (3
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"Budget" means the budget prepared by the Facility Director in consultation with the
Operations Board, and submitted to the Administration Board for its approval in accordance with
Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the
costs of capital improvements required to be made to the SCORE Facility within the applicable
year, (b) on a line item basis, all anticipated revenues and expenses for the operation and
maintenance of the SCORE Facility for the applicable year, and (c) any infoiuiation required by
policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement.
"Capital Contribution" means, for each Member City, that Member City's Base
Percentage multiplied by the principal of and interest on Bonds as the same shall become due
and payable and administrative expenses of the SCORE Facility Public Development Authority
with respect to Bonds.
"Costs of Maintenance and Operation" means all reasonable expenses incurred by
SCORE in causing the SCORE Facility to be operated and maintained in good repair, working
order and condition, and all costs of administering SCORE.
"Designated Representative" means the Mayor or the City Manager, as selected by
each Member City, or his or her designee.
2 P \20358_DG\20358_01X
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 of this Agreement.
"Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way,
Renton, Tukwila, Burien and SeaTac, Washington.
"Operations Board" means the board founed pursuant to Section 6 of this Agreement.
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) and this Agreement by the Member Cities.
"SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
"SCORE Facility Public Development Authority" means the South Correctional
Entity Facility Public Development Authority chartered by the City of Renton, Washington.
"Subscribing Agencies" mean the federal and state agencies, municipal corporations,
and other local governments, other than the Member Cities, that contract with SCORE for
correctional services at the SCORE Facility pursuant to the teinus of this Agreement.
Section 2. SCORE Facility; Authority.
(a) Administrative Aaencv. There is hereby established a governmental
administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional
Entity ("SCORE SCORE shall initially consist of the Member Cities.
(b) Powers of SCORE. SCORE shall have the power to acquire, construct, own,
operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and
to provide correctional services and functions incidental thereto, for the purpose of detaining
arrestees and sentenced offenders in the furtherance of public safety and emergencies within the
jurisdiction of the Member Cities. The SCORE Facility may serve Subscribing Agencies which
are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in
writing and approved by SCORE as provided herein.
(c) Administrative Board. The affairs of SCORE shall be governed by the
Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative
Board shall have the authority to:
1. Recommend action to the legislative bodies of the Member Cities;
2. Approve the Budget, adopt financial policies and approve expenditures;
3 P920358_DG\2C358_OIX
3. Establish policies for investing funds and incurring expenditures of
Budget items for the SCORE Facility;
4. Review and adopt a personnel policy for the SCORE Facility;
5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for
the operation of the SCORE Facility;
6. Conduct regular meetings as may be designated by the Administrative
Board;
7. Determine what services shall be offered at the SCORE Facility pursuant
to the powers of SCORE and under what tern's they shall be offered;
8. Enter into agreements with third parties for goods and services necessary
to fully implement the purposes of this Agreement;
9. Establish rates for services provided to members, subscribers or
participating agencies;
10. Direct and supervise the activities of the Operations Board and the Facility
Director;
11. Enter into an agreement with a public corporation or otherwise to incur
debt;
12. Make purchases or contract for services necessary to fully implement the
purposes of this Agreement;
13. Enter into agreements with and receive and distribute funds from any
federal, state or local agencies;
14. Receive and account for all funds allocated to the SCORE Facility from its
members;
15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the SCORE Facility;
16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise
dispose of property and assets;
17. Sue and be sued, complain and defend, in all courts of competent
jurisdiction in its name;
18. Make and alter bylaws for the administration and regulation of its affairs;
19. Enter into contracts with Subscribing Agencies to provide correctional
services;
4 P 120358_DG120358_OIX
20. Employ employees as necessary to accomplish the terms of this
Agreement;
21. Establish policies and procedures for adding new cities as "Member
Cities" to this Agreement; and
22. Engage in any and all other acts necessary to further the goals of this
Agreement.
Section 3. Duration of Agreement.
The initial duration of this Agreement shall be for a period of ten (10) years from its
effective date and, thereafter, shall automatically extend for additional five (5) year periods
unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement
shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority
as provide in Section 15 of this Agreement are no longer outstanding.
Section 4. Withdrawal and Termination.
(a) Subject to Section 4(g) below, any Member City may withdraw its membership
and terminate its participation in this Agreement by providing written notice and serving that
notice on the other Member Cities on or before December 31 in any one -year. After providing
appropriate notice as provided in this Section, that Member City's membership withdrawal shall
become effective on the last day of the year following delivery and service of appropriate notice
to all other Member Cities.
(b) Subject to Section 3 above, four (4) or more Member Cities may, at any one time,
by written notice provided to all Member Cities, call for a termination of SCORE and this
Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative
Board, SCORE shall be directed to terminate business, and a date will be set for final
termination, which shall be at least one (1) year from the date of the vote to terminate this
Agreement. Upon the final termination date, this Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Member City fails to budget or
provide the required annual funding requirements for SCORE as provided in Section 15 hereof,
the remaining Member Cities may, by majority vote, immediately declare the underfunding City
to be terminated from this Agreement and to have forfeited all its rights under this Agreement as
provided in Section 4(e). The remaining Member Cities may, at their option, withdraw
SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency
agreement with that City under terms and conditions as the remaining Member Cities deem
appropriate.
(d) Time is of the essence in giving any termination notice.
(e) If an individual Member City withdraws its membership in SCORE, the
withdrawing City will forfeit any and all rights it may have to SCORE's real or personal
5 P 120358_0G120358_GIX
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this Agreement, all property acquired during the life of this
Agreement shall be disposed of in the following manner:
1. All real and personal property acquired pursuant to this Agreement shall
be distributed to the Member Cities based on the Base Percentages; and
2. All unexpected funds or reserve funds shall be distributed based on the
percentage of average daily population at the SCORE Facility for the last three (3)
years prior to the termination date of those Member Cities still existing on the day
prior to the termination date.
(g) Notwithstanding any of the other rights, duties or obligations of any Member City
under this Section 4, the withdrawal of any Member City from this Agreement shall not
discharge or relieve the Member City that has withdrawn pursuant to Section 4(a) or been
terminated pursuant to Section 4(c) of its obligation to pay debt service. on the bondsBonds
issued by the SCORE Facility Public Development Authority. A Member City may be relieved
of its obligation under this Agreement to make payments with respect to its Capital Contribution
(as- defined in Section 15) if the Administrative Board, by supermajority vote (majority plus one),
authorizes such relief based on a fmding that such payments are not required to pay debt service
on Bonds issued by the SCORE Facility Public Development Authority.
Section 5. Administrative Board.
(a) Formation. An Administrative Board composed of the Designated Representative
from each Member City shall govern the affairs of SCORE.
(b) Allocation of Votes. Each Board member shall have an equal vote and voice in
all Board decisions.
(c) Votinn Reauirements. Votes regarding (1) debt =(2) approval of the Budget,
(3) employment of the Facilities Director =(4) cost allocations made prior to the issuance of
Bonds pursuant to Section 16 of this Agreement, —•_and (5) approval of labor contracts, shall
require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2)
of which shall have the highest and the second highest average daily population in the SCORE
Facility for the 1 2-month period ending June 30 of the preceding year. Votes regarding (1) the
conveyance of real property _(2) the addition of additional services pursuant to Section 11 of
this Agreement not directly incidental to correctional services (such as providing court services)
and (3) regarding matters addressed in Sections 4(b) and (g) of this Agreement, shall require
an affirmative vote of a supermajority (majority plus one) of the Member Cities.
(d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of
Order (newly revised) shall govern all procedural matters relating to the business of the
Administrative Board.
6 P-\20358_DG\20358_OIX
(e) Officers of the Administrative Board. Members of the Administrative Board shall
select a Presiding Officer from its Me bermembers, together with such other officers as a
majority of the Administrative Board may determine. Subject to the control of the
Administrative Board, the Presiding Officer shall have general supervision, direction and control
of the business and affairs of SCORE. On matters decided by the Administrative Board, the
signature of the Presiding Officer alone is sufficient to bind SCORE.
(f) Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) days notice shall be given to all members prior
to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting
shall be held on the second Tuesday of February of each year to review the prior year's service.
The second meeting shall be on the second Tuesday of September of each year to consider and
adopt a Budget for the following fiscal year. Other meetings may be held upon request of the
Presiding Officer or any two members. All meetings shall be open to the public to the extent
required by chapter 42.30 RCW.
Four Five (4) members of the Administrative Board must be present at any meeting of
the Administrative Board to comprise a quorum, and for the Administrative Board to transact
any business. Proxy voting shall not be allowed. Members of the Administrative Board may
participate in a meeting through the use of any means of communication by which all members
and members of the public participating in such meeting can hear each other during the meeting.
Any members of the Administrative Board participating in a meeting by such means is deemed
to be present in person at the meeting for all purposes including, but not limited to, establishing a
quorum.
(g) Bylaws. The Administrative Board shall be authorized to establish bylaws that
govern procedures of that Board and the SCORE Facility's general operations.
(h) Administrative Board Review. A general or particular authorization or review
and concurrence of the Administrative Board by majority vote shall be necessary for all capital
expenditures or contracts in excess of $50,000.
Section 6. Operations Board.
(a) Formation. There is further established an Operations Board which shall consist
of up to nine (9) members selected as provided in this paragraph. One (1) member shall be
designated by each of the Member Cities, and up to two (2) at -large members shall be selected,
by majority vote, by the Subscribing Agencies to represent the police departments of the
Subscribing Agencies. At the time set for election of the at -large members, only the
representatives of the Subscribing Agencies, then in attendance, will participate in the election.
The Member Cities' Operations Board representatives shall not participate in the at -large
member elections. The at -large members shall serve one -year terms, unless otherwise
determined by majority vote of the Operations Board. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
7 P'\ 20358_DG\20358_OIX
(b) Voting and Meetings of the Operations Board. Each member of the Operations
Board member--shall have an equal vote in all Operations Board decisions. The Operations
Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise
provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the
business of the Operations Board. The Operations Board shall elect a Presiding Of eeraresiding
officer from its members and shall likewise determine the time and place of its meetings; at least
one (1) regular meeting shall be held each month at a time and place designated by the Presiding
Offteeiaresidina officer or a majority of its members. Special meetings may be called by the •residing officer or any two (2) members upon giving all other members not
b
less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an
emergency, the Operations Board may dispense with written notice requirements for special
meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to
all of the members of the Operations Board-Members. All meetings shall be open to the public
to the extent required by chapter 42.30 RCW.
A majority of the members of the Operations Board must be present at any meeting of the
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations Board may participate in a
meeting through the use of any means of communication by which all members and members of
the public participating in such meeting can hear each other during the meeting. Any members
of the Operations Board participating in a meeting by such means is deemed to be present in
person at the meeting for all purposes including, but not limited to, establishing a quorum.
Section 7. Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. The Administrative Board may accept or reject the Operations Board
recommendation. Such Facility Director shall be responsible to the Administrative Board, shall
develop the Budget in consultation with the Operations Board and other appropriate means in
order to fully implement the purposes of this Agreement. The Facility Director shall administer
the program in its day -to -day operations consistent with the policies adopted by the
Administrative Board. Such Facility Director shall have experience in technical, fmancial and
administrative fields, and such appointment shall be on the basis of merit only.
Section 8. Personnel Policy.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy shall provide for the initial appointment to the SCORE
Facility's staff from the personnel presently, pennanently appointed or assigned as corrections
officers in the Member Cities. Additional employees shall be appointed by the Facility Director
upon meeting the qualifications established by the Operations Board and adopted by the
8 P \20358_DGS20358_01X
Administrative Board. None of such employees shall be commissioned members of any
emergency service, but may be eligible for membership under the Public Employees Retirement
Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law.
Section 9. Budget. Financial Policies and Operations.
(a) The Facility Director shall distribute a proposed Budget to the Operations Board
on or before August 1 of each year, which Budget shall then be provided to the Administrative
Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of
the programs and objectives as contained in said proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shall develop financial policies for SCORE as part of
the budgetary process. Such policies may include, but are not limited to, (al) items to be
provided for in the Budget, (b2) a minimum contribution amount for each Member City to pay
for Costs of Maintenance and Operation, (e3) the process for allocating unexpended amounts
paid by the Member Cities for Costs of Operation and Maintenance and assessing the Member
Cities in the event of cost overruns, and -(44) establishing and maintaining reserve accounts, if
any. and (5) the process for addinn a new Member City to this Agreement.
(c) The allocation of prorated financial participation among the Member Cities shall
be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally
obligated to provide its allocable share of costs as provided in this Agreement.
Section 10. Contracts and Sunuort Services.
(a) The Administrative Board (or the Operations Board or the Facility Director, if so
designated by the Administrative Board) shall, as necessary, contract with local governments for
the use of space for its operations, auxiliary services including but not limited to records, payroll,
accounting, purchasing, and data processing, and for staff prior to the selection of a Facility
Director for the SCORE Facility.
(b) The Member Cities hereby agree to furnish legal assistance, from time to time, as
approved by the Administrative Board. The Administrative Board may contract with the City
Attorney of a Member City, other local government, or independent legal counsel as necessary.
Section 11. Policy and System Evaluation.
The Facility Director shall actively and continually consider and evaluate all means and
opportunities toward the enhancement of operations effectiveness for correctional services so as
to provide maximum and ultimate benefits to the members of the general public. The Facility
Director shall present his or her recommendations to the Operations Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
9 P -\20358_DM20358_QIX
Section 12. Additional Services Authorized.
The Administrative Board shall evaluate and determine the propriety of including
additional correctional services for local governments, whenever so required, and shall determine
the means of providing such services, together with its costs and effects. These additional
services may include, but shall not be limited to the following: alternatives to incarceration,
inmate transportation systems, and consolidated court services.
Section 13. Inventory and Property.
(a) Equipment and furnishings for the operation of the SCORE Facility shall be
acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings
for SCORE's use, title to the same shall remain with the respective local entity unless that
equipment is acquired by SCORE.
(b) The Facility Director shall, at the time of preparing the proposed Budget for the
ensuing year, submit to the Operations Board a complete inventory together with current
valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE.
In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending
governmental entity and all other items, including real property, or funds derived from the sale
thereof, shall be distributed to Member Cities in accordance with Section 4(f) above.
(c) Title to real property purchased or otherwise acquired shall be held in the name of
SCORE; provided however, that for valuable consideration received, SCORE may convey
ownership of any real property as may be approved by supermajority vote (majority plus one) of
the Administrative Board.
Section 14. Local Control.
Each Member City and Subscribing Agency shall retain the responsibility and authority
for the operation of its police departments, and for such equipment and services as are required at
its place of operation to utilize the SCORE Facility.
Section 15. SCORE Facility Financing and Construction; SCORE Facility Public
Development Authority.
(a) SCORE Facility. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des
Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes
the City of Renton to operate the SCORE Facility Public Development Authority within the
corporate limits of the City of Des Moines in a manner consistent with the teinis of this
Agreement.
(b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and
the Presiding Officer of the Administrative Board, or his or her approved designee, will execute
10 P 120358_DG120.358_OIx
contracts for the development of the SCORE Facility. These contracts shall include, without
limitation, contracts for architectural design and engineering, project management services; real
estate acquisition, and construction.
(c) SCORE Facility Public Development Authority. In order to finance costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
agreed to form the SCORE Facility Public Development Authority. The purpose of the SCORE
Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition,
construction, improvement and equipping of the SCORE Facility. The Administrative Board
shall serve ex officio as the Board of Directors of the SCORE Facility Public Development
Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds
by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on
behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make
payments to the SCORE Facility Public Development Authority at the time and in the amounts
required to pay principal of and interest on the Bonds and any administrative costs of the SCORE
Facility Public Development Authority.
(d) SCORE Facility Financing_. Each Member City shall each pay an allocable
portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue
received from Subscribing Agencies or other sources, as provided in this Agreement. Each
Member City shall be billed for its total allocable capital and operating costs on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for
in this Section.
(1) Capital Contribution. Each Member City shall be obligated to pay an
amount equal to its Capital Contribution without regard to the payment or lack thereof by
any other Member City. No Member City shall be obligated to pay the Capital
Contribution of any other Member City, and each Member City shall be obligated to
budget for and pay its Capital Contribution. The obligation of each Member City to pay
its Capital Contribution shall be an irrevocable full faith and credit obligation of such
Member City, payable from property taxes levied within the constitutional and statutory
authority provided without a vote of the electors of the Member City on all of the taxable
property within the Member City and other sources of revenues available therefor. Each
Member City has or will set aside and include in its calculation of outstanding nonvoted
general obligation indebtedness an amount equal to the principal component of its Capital
Contribution for so long as Bonds remain outstanding, unless relieved of such payment in
accordance with Section 4(g).
A Member City may Prepay its Capital Contribution in a manner that is consistent
with the authorizing_ documents for the Bonds: provided. however, that any such
prepayment of one or more Member Cities shall not affect the Capital Contribution of the
remaining_ Member Cities. Anv Member City that elects to Prepay its Capital
Contribution shall be responsible for paying all costs associated with such Prepayment.
(2) Costs of Maintenance and Operation. Subject to the Wilms of the financial
policies established by the Administrative Board pursuant to Section 9(b) of this
11 P \20358_0G\20358_OIX
Agreement, each Member City shall be obligated to pay its allocable portion of Costs of
Maintenance and Operation of the SCORE Facility, including any debt issued to finance
such costs, as determined in this subsection.
(i) Until the end of the first calendar year of operations of the SCORE
Facility (estimated to be December 31, 2012), the allocable portion that each
Member City shall be obligated to pay of Costs of Maintenance and Operation in
such year shall be equal to the City's Base Percentage multiplied by the Costs of
Maintenance and Operation.
(ii) Commencing with the calendar year following the first calendar
year of operations, the allocable portion that each Member City shall be obligated
to pay of Costs of Maintenance and Operation shall be based on the Member
City's average daily population in the SCORE Facility, as supplemented as
necessary with the average daily population allocable to the Member Cities in all
correctional facilities, for the 12 -month period ending June 30 of the preceding
year.
(iii) Commencing with the third calendar year of operations, the
allocable portion that each Member City shall be obligated to pay of Costs of
Maintenance and Operation shall be based on the Member City's average daily
population in the SCORE Facility for the 12 -month period ending June 30 of the
preceding year.
(e) Allocation of Revenues. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15(d) above shall be
used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive credit/benefit of the revenues discussed in this section based on that
Member City's proportional average daily population as calculated in Section 15(d)(2) above.
(f) Tax Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds or any other money or obligations of the SCORE Facility Public
Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds
pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within
the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will
cause the Bonds to be considered obligations not described in Section 103(a) of the Code.
(g) Additional Financing. Notwithstanding anything to the contrary in this
Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the
SCORE Facility Public Development Authority or another issuer pursuant a separate agreement
between one or more Member Cities and other entities to provide additional financing for the
SCORE Facility on teiuis as agreed upon by the parties thereto.
(h) Special Facility Designation,. The SCORE Facility, including all equipment,
furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing
Agencies to provide necessary and secure correctional services and assure public safety.
12 P 120358_DG120358_CIX
Consequently, the SCORE Facility is essential to the preservation of the public health, safety,
and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special
facilities subject to unique standards. Accordingly, based on the facts presented in this
subsection, it is herby resolved that the established policy of the Member Cities is that the
SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of
any kind or nature for the SCORE Facility shall be exempt from competitive bidding
requirements as prescribed by Washington State statute but shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility: Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of
which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12 -month period ending June 30 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 116 Avenue NE, Bellevue, Washington and 1412 116 Avenue NE,
Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. Compliance with Continuing Disclosure Requirements
To the extent necessary to meet the conditions of paragraph (d)(2) of United States
Securities and Exchange Commission Rule 15c2 -12 (the "Rule as applicable to a participating
underwriter or remarketing agent for Bonds, each Member City will enter into an undertaking in
a form acceptable at the time to the participating underwriter or remarketing agent, as the case
may be.
Section 18. Filing of Agreement
Upon execution, this Agreement shall be filed as required in RCW 39.04.040.
Section 19. Severability
If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by
any court of competent jurisdiction such adjudication shall not affect the validity of any
remaining section, part or provision of this Agreement.
13 P-\20358_DG\20358_CIX
Section 20. Execution and Amendment
This Agreement shall be executed on behalf of each Member City by its Designated
Representative and pursuant to an appropriate motion, resolution or ordinance of each Member
City. This Agreement shall be deemed adopted upon the date of execution by the last so
authorized representativeDesianated Renresentative.
This Agreement may not be effectively amended, changed, modified or altered, except by
an instrument in writing duly executed by the Designated Representative of each Member City
and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as
such amendment does not materially adversely affect the owners of the Bonds or affect the tax
exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility
Public Development Authority are rated by a rating agency, then no amendment that adds or
removes a Member City from this Agreement or revises Section 15 of this Agreement shall be
permitted unless the SCORE Facility Public Development Authority has received written
confirmation from the rating agency that such amendment will not result in a reduction or
withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no
such amendment as described in the preceding sentence will be permitted unless in the opinion
of the SCORE Facility Public Development Authority such amendment will not materially
adversely affect the owners of the Bonds.
Section 21. Third Party Beneficiaries
The SCORE Facility Public Development Authority and the holders from time to time of
the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for
their further benefit.
Section 22. Hold Harmless
The parties to this Agreement shall defend, indemnify and save one another harmless
from any and all claims arising out of the performance of this Agreement, except to the extent
that the harm complained of arises from the sole negligence of one of the participating members.
Any loss or liability resulting from the negligent acts errors or omissions of the Administrative
Board, Operations Board, Facility Director and or staff, while acting within the scope of their
authority under this Agreement shall be borne by SCORE exclusively.
14 P \20358_DG\20358_OIX
Section 23. Counterparts
This Agreement may be executed in any number of counterparts, each of whom shall be
an original, but those counterparts will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN CITY OF RENTON
By: By:
CITY OF DES MOINES CITY OF TUKWILA
By: By:
CITY OF FEDERAL WAY CITY OF BURIEN
By: By:
CITY OF SEATAC
By:
15 P \20358_DG\20358_OIX
EXHIBIT B
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RENTON, WASHINGTON, AUTHORIZING THE CREATION
OF A PUBLIC CORPORATION TO BE KNOWN AS THE
SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC
DEVELOPMENT AUTHORITY; APPROVING A CHARTER
AND BYLAWS; ESTABLISHING A BOARD OF DIRECTORS
TO GOVERN THE AFFAIRS OF THE AUTHORITY; AND
APPROVING PROCEDURES FOR THE CONDUCT OF ITS
AFFAIRS.
WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the
"Council") of the City of Renton, Washington (the "City may authorize the creation of a public
corporation as a separate legal entity to perform any lawful public purpose or public function as
therein authorized; and
WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE
Interlocal Agreement (the Interlocal Agreement with the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member
Cities for the formation of a governmental administrative agency known as the South
Correctional Entity "SCORE and
WHEREAS, SCORE is responsible for the establishment and maintenance of a
consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal
and state agencies and other local governments that may contract with SCORE in the future to
provide correctional services essential to the preservation of the public health, safety and
welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, the Interlocal Agreement contemplates that the City will create a public
corporation for the purpose of issuing and servicing bonds that are secured by the full faith and
credit of the Member Cities in order to finance the acquisition, construction, equipping, and
improving of the SCORE Facility; and
WHEREAS, the City will act as the host city for the foiniation of the public corporation,
subject to the approval of each Member City; and
WHEREAS, the City has determined that chartering a public corporation to function on
its behalf in undertaking the acquisition, construction, equipping, and improvement of the
SCORE Facility will create a highly focused and dedicated entity that will accelerate progress,
provide for fmancing, pool limited resources and enhance opportunities to work with the
Member Cities and others critical to the successful construction and operation of a regional
correctional facility, all while ensuring appropriate public oversight and accountability; and
WHEREAS, the Council has been presented with drafts of a proposed charter (the
"Charter and bylaws (the "Bylaws for the establishment and chartering of a public
corporation to be known as the South Correctional Entity Facility Public Development
Authority, which will have as its purpose the issuance and servicing of one or more series of
bonds or other obligations to provide financing for the acquisition, construction, equipping, and
improving of a correctional facility pursuant to the terms of this ordinance and the Charter; and
WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws
for the South Correctional Entity Facility Public Development Authority as now proposed;
BE IT ORDAINED by the Council of the City of Renton:
Section 1. Authority Created City Liability Limited.
A. Authority Created. The Council hereby authorizes the creation of a public
corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers
set forth in this ordinance, RCW 35.21.730 through 35.21.755, and in its charter necessary to
finance and refinance the acquisition, construction, equipping, and improvement of a regional
correctional facility known as the South Correctional Entity Facility (the "SCORE Facility
through the issuance and servicing of one or more series of bonds, notes or other obligations
(collectively, the "Bonds and to perform any other function specified in its charter.
B. Name. The name of the public corporation shall be the "South Correctional
Entity Facility Public Development Authority" (hereinafter the "Authority
C. Seal. The corporate seal of the Authority shall carry the name of the Authority.
D. City Liability Limited. The Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing
by the City, the Authority may not create, and shall take 110 action that might impose, liability
upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the
assets, credit, and properties of the Authority, and no creditor or other person shall have any right
of action against or recourse to the City, its assets, credit, or services, on account of any debts,
obligations, liabilities or acts or omissions of the Authority.
The charter of the Authority shall provide that the Authority is organized pursuant to this
ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]1I liabilities incurred
by such public corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission, or authority and no creditor or
-2- P 120358_DG20358_0J1 12130/08
other person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations or liabilities of such
public corporation, commission, or authority." Such statement shall be displayed in a prominent
location in the principal office or other offices of the Authority. It shall also be printed or
stamped on all contracts, bonds, and other documents that may entail any debt or liability by the
Authority.
E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien, .nd SeaTac, Washington (together with the City, the "Member
Cities shall each pay an allocable portion of the budgeted expenses of maintenance and
operation of the SCORE Facility not paid from other sources, which allocable portion shall be
determined as provided in the Interlocal Agreement. In addition to the foregoing commitment,
each Member City shall contribute funds in the percentages provided for in the Interlocal
Agreement to pay debt service. on Bonds as the same shall become due and payable and to pay
administrative expenses of the Authority with respect to the Bonds (referred to herein as the
respective Member City's "Capital Contribution No Member City shall be obligated to pay
the Capital Contribution of any other Member City; the obligations of each Member City with
respect to the Bonds shall be limited to its allocable share of such obligations; all such payments
shall be made by the Member City without regard to the payment or lack thereof by any other
jurisdiction; and each Member City shall be obligated to budget for and pay its Capital
Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All
payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and
servicer of the Bonds to be issued by the Authority.
The obligation of each Member City to pay its Capital Contribution shall be an
irrevocable full faith and credit obligation of such Member City, payable from property taxes
levied within the constitutional and statutory authority provided without a vote of the electors of
the Member City on all of the taxable property within the Member City and other sources of
revenues available therefor. Each Member City has or will obligate itself and commit to budget
for and pay its Capital Contribution and to set aside and include in its calculation of outstanding
nonvoted general obligation indebtedness an amount equal to the principal component of its
Capital Contribution for so long as Bonds remain outstanding.
Section 2. Powers Generally. Except as limited by the constitution of the State of
Washington (the "State State statute, this ordinance or the Charter of the Authority, the
Authority shall have and may exercise all lawful powers necessary or convenient to effect the
purposes for which the Authority is organized and to perform authorized corporate functions, as
provided in its Charter. The Authority may conduct activities outside of the boundaries of the
City upon a determination by the Council that the activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740. The
Council hereby authorizes the Authority to acquire, equip, construct, improve and maintain the
SCORE Facility located in the City of Des Moines, Washington pursuant to the teiius of the
Interlocal Agreement.
Section 3. Limitation of Powers. The activities and transactions of the Authority
shall be limited in the following respects:
-3-- P \20358 DG\20358 0J1 12130/08
A. The Authority shall have no power of eminent domain nor any power to levy
taxes or special assessments.
B. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
C. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, the State Legislature or the Council of Member Cities; provided, however, that
funds may be used for representatives of the Authority to communicate with members of
Congress, State legislators or city council members concerning funding and other matters
directly affecting the Authority, so long as such activities do not constitute a substantial part of
the Authority's and unless such activities are specifically limited in its charter.
D. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by its charter. No part of the net earnings of the
Authority shall inure to the benefit of, or be distributable as such to, the board members or other
private persons, except that the Authority is authorized and empowered to:
(i) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(ii) Assist board members or employees as members of a general class of
persons to be assisted by a corporate approved project or activity to the same extent as
other members of the class as long as no special privileges or treatment accrues to such
board members or employees by reason of his or her status or position in the Authority;
(iii) Defend and indemnify any current or former board member or employee
and their successors against all costs, expenses, judgements, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a board member or employee, or
by reason of any action alleged to have been taken or omitted by him or her in such
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which board members or employees may be
entitled as a matter of law;
(iv) Purchase insurance to protect and hold personally hau mess any of its
board members, employees and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, in good faith, of duties
-4- P 420358 DG\20358 0J1 12/30/08
for, or employment with, the Authority and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary judgements from such
actions, claims, or proceedings. The purchase of such insurance and its policy limits shall
be discretionary with the board, and such insurance shall not be considered to be
compensation to the insured individuals. The powers conferred by this subsection shall
not be exclusive of any other powers conferred by law to purchase liability insurance; and
(v) Sell assets for a consideration greater than their reasonable market value
or acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
E. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its board members or employees or otherwise engage in
business for private gain.
Section 4. Charter. The charter of the Authority (the "Charter") is hereby approved
in the form set forth at Exhibit A. The Charter shall be issued in duplicate originals, each signed
by the City Mayor and bearing the City seal attested by the City Clerk. One original shall be
filed with the Clerk of the Council and filed as a public record. A duplicate original shall be
provided to the Authority.
Amendments to the Charter may be initiated by the Board Members or by the Renton
City Council. All amendments to the Charter initiated by the Renton City Council shall be
presented to the Board for consideration and approval and shall not become effective unless
approved by a majority vote of the Board. All amendments to the Charter, regardless of how
initiated, shall become effective as provided in the Charter. After adoption of a Charter
amendment, the revised Charter shall be issued and filed in the same manner as the original
Charter.
Section 5. Effect of Issuance of Charter. The Authority shall commence its existence
effective upon fulfillment of all of the following:
(a) Each of the Councils of the Member Cities has approved the creation of the
Authority by the City;
(b) This ordinance has become effective; and
(c) The charter shall have been executed, and the Charter and bylaws of the Authority
(the `Bylaws shall be on file with the City Clerk.
Except as against the State or the City in a proceeding to cancel or revoke the Charter,
delivery of a duplicate original Charter shall conclusively establish that the Authority has been
established in compliance with the procedures of this ordinance.
-5- P \20358 DGQ0358 0J1 1230/08
Section 6. Board of Directors; Officers. The SCORE Administrative Board
established pursuant to Section 5 of the Interlocal Agreement shall act ex officio as the board of
the Authority (the `Board All corporate powers of the Authority shall be exercised by or
under the authority of the Board; and the business, property and affairs of the authority shall be
managed under the supervision of the Board, except as may be otherwise provided by law or in
the Charter. The Board shall have officers as provided in the Charter.
Section 7. Meeting. Within ninety (90) days after issuance of the Charter, the City
Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days'
advance written notice to each, unless waived in writing. At such meeting, the Board shall
organize itself, appoint officers, and select its place of business. All Board meetings, including
executive, all other permanent and ad hoc committee meetings, shall be open to the public to the
extent required by chapter 42.30 RCW.
Section 8. Bylaws. The Bylaws of the Authority are hereby approved in the foiun set
forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be
vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent
with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter,
this ordinance or the Charter, as the case may be, shall control.
Section 9. Funds of the Authority. All money belonging to or collected for the use of
the Authority corning into the hands of any officer thereof shall immediately be deposited with a
legal depository to the credit of the Authority for the benefit of the funds to which they belong.
The use of funds of the Authority for any purpose not authorized by law by any officer having
possession or control thereof is prohibited.
Section 10. Bonds and Notes. Bonds issued by the Authority may be secured by
revenues and receipts as may be designated in the proceedings under which the issuance of the
bonds or notes is authorized. All Bonds issued shall carry in a prominent place thereon the
statement set forth in Section 1(D) of this ordinance. All Bonds or liabilities occurring
thereunder shall be satisfied exclusively from the assets or credit of the Authority, and no
creditor or other person shall have any recourse to the assets, credit, or services of the City
thereby, unless the City shall expressly, in writing, guarantee such debt.
Bonds of the Authority may be sold at such price or prices, at public or private sale, in
such manner and from time to time as may be determined by the Authority. The Authority may
issue Bonds from time to time that are secured by the full faith and credit of the Member Cities
in the aggregate principal amount of not to exceed $100,000,000 (not including any bonds or
notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal
Agreement. Bonds issued in excess of such amount shall require additional council approval by
each Member City. Bonds may be payable at such place or places whether within or without the
State, may bear interest at such rate or rates, may be in such form and denominations and of such
tenor and maturities, may be in bearer form or in registered faun as to principal and interest or as
to principal alone, reserve such rights to redeem at such price or prices and after such notice or
-6- P 120358 DG120358 0J1 12/30/08
notices and on such turns and conditions, all as the Authority may deteuuine and provide in the
proceedings under which such Bonds shall be issued.
The Authority may at the time of the issuance of such Bonds make such covenants with
the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the
payment of the principal thereof and the interest thereon, including but not limited to: covenants
to set aside adequate reserves to guarantee payment of principal and interest; to appoint a trustee
or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to take
possession and use or operate and manage corporate assets securing the Bonds in event of default
or insolvency of the Authority, with such powers as maybe contained in any covenants relating
to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be
issued or debts incurred.
The Authority may pay expenses, premiums and commissions which it may deem
necessary in connection with the issuance and sale of its Bonds and take such other actions or
make such commitments as are necessary or convenient in the issuance and servicing of such
Bonds and as are consistent with this ordinance although not enumerated herein.
Section 11. Discrimination Prohibited. Membership to the Board shall not be directly
or indirectly based upon or limited by age, race, color, religion, sex, national origin, sexual
orientation or the presence of any physical handicap. Furthermore, the Authority shall not
discriminate in any matter related to employment because of age, race, color, religion. sex,
national original, sexual orientation or the presence of any physical handicap. The Authority
shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority,
if any, state that all qualified applicants will receive consideration for employment without
regard to age, race, color, religion, sex, national origin, sexual orientation or the presence of any
physical handicap.
Section 12. Dissolution.
A. If five of the Councils of the Member Cities, each by ordinance, make an
affirmative finding that dissolution is warranted for any reason, the existence of the Authority
shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished
as provided in the Charter, and shall not take effect until proper provision has been made for
disposition of all Authority assets, if any.
B. Upon enactment of an ordinance by the Renton City Council for dissolution of the
Authority, the Authority shall file a dissolution statement signed by its president setting forth:
(i) The name and principal office of the Authority;
(ii) The debts, obligations and liabilities of the Authority, and the property and
assets available to satisfy the same; the provisions to be made for satisfaction of
outstanding liabilities and performance of executory contracts; and the estimated time for
completion of its dissolution;
-7- P DG120358 OJ1 12130!08
(iii) Any pending litigation or contingent liabilities;
(iv) The Board resolution providing for such dissolution and the date(s) and
proceedings leading toward its adoption, whenever the dissolution be voluntary; and
(v) A list of persons to be notified upon completion of the dissolution.
The City Mayor shall review the dissolution statement filed and oversee the dissolution to
protect the public interest and prevent impairment of obligation, or if so authorized by law,
authorize or initiate proceedings in the Superior Court for the appointment and supervision of a
receiver for such purposes.
Upon satisfactory completion of dissolution proceedings, the City shall indicate such
dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file
with the Clerk of the Council and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City shall give notice thereof pursuant to
Washington State law and to other persons requested by the Authority in its dissolution
statement.
C. Upon dissolution of the Authority or the winding up of its affairs, title to all
remaining assets or property of the Authority shall vest in SCORE as provided in the Charter.
D. Notwithstanding the foregoing, the Authority shall not be dissolved until all
Bonds issued by the Authority are no longer outstanding.
Section 13. Public Corporation. The Authority is a public corporation created
pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City.
Section 14. Ancillary Authority. The administrative staff of the City are granted all
such power and authority as reasonably necessary or convenient to enable each of them to
administer this ordinance efficiently and to perform the duties imposed in this ordinance or the
Charter.
Section 15. Liberal Construction. This ordinance shall be liberally construed so as to
effectuate its purposes and the purposes of RCW 35.21.730 through 35.21.755.
Section 16. Effective Date. This ordinance shall take effect and be in force from and
after passage and publication as provided by law.
PASSED by Council this day of 20
By
Council President
-8- P \20358 DG120358 0J i 12/30/08
APPROVED by the Mayor this day of 20
By
City Mayor
[SEAL]
ATTEST:
City Finance Director
Approved as to faint only:
City Attorney
Date of Publication of
Notice of Public Hearing:
Effective Date of Ordinance:
-9- P 120358_DG120358_0J1 12130/08
EXHIBIT A
Form of Charter
(attached)
EXHIBIT B
Form of Bylaws
(attached)
Exhibit C
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
TABLE OF CONTENTS
Pane
ARTICLE I NAME AND AUTHORITY SEAL 1
ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY 1
Section 1. Authority 1
Section 2. Limitation on Liability 1
Section 3. Mandatory Disclaimer 2
ARTICLE III DURATION OF AUTHORITY 3
ARTICLE IV PURPOSE OF AUTHORITY 3
ARTICLE V POWERS OF AUTHORITY 4
ARTICLE VI LIMITS ON AUTHORITY POWERS 4
ARTICLE VII ORGANIZATION OF AUTHORITY 6
Section 1. Board of Directors and Tenure 6
Section 2. Board Concurrence and Quorum Defined 6
Section 3. Right to Indemnification 6
Section 4. Conflict of Interest and Code of Ethics 6
ARTICLE VIII OFFICERS OF AUTHORITY 7
Section 1. Officers and Division of Duties 7
Section 2. Committees 7
ARTICLE IX COMMENCEMENT OF AUTHORITY 7
ARTICLE X BYLAWS 7
ARTICLE XI MEETINGS OF THE AUTHORITY 8
Section 1. Time and Place of Meetings 8
Section 2. Notice of Meetings 8
Section 3. Notice of Special Board Meetings 8
Section 4. Waiver of Notice 8
Section 5. Notice to City Council 9
Section 6. Open Public Meetings 9
Section 7. Telephonic Participation 9
Section 8. Parliamentary Authority 9
Section 9. Minutes 10
ARTICLE XII CONSTITUENCY 10
ARTICLE XtII AMENDMENTS TO CHARTER AND BYLAWS 10
Section 1. Proposals to Amend Charter and Bylaws 10
Section 2. Proposals Initiated by the Board 10
Section 3. Board Consideration of Proposed Amendments 10
Section 4. Vote Required for Amendments to Charter or Bylaws 11
Charter i P 120358_DG120358_01Y 12/30/08
Section 5. City Council Approval of Proposed Charter Amendments 11
ARTICLE XIV MISCELLANEOUS 11
Section 1. Geographic Limitation 11
Section 2. Safeguarding of Funds 11
Section 3. Public Records 12
Section 4. Reports and Information; Audits 12
Section 5. Dissolution 12
Section 6. Nondiscrimination 13
Section 7. Nonexclusive Charter 13
ARTICLE XV APPROVAL OF CHARIER 13
Charter ii P 120358_DG120358_01Y 12130/08
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND AUTHORITY SEAL
The name of this corporation shall be the "South Correctional Entity Facility Public
Development Authority" (hereinafter referred to as the "Authority The corporate seal of the
Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed
therein.
ARTICLE II
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC
DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY
Section 1. Authority.
The Authority is a public corporation organized pursuant to Revised Code of Washington
"RCW 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or
any successor act or acts (the "Act") and Ordinance No. of the City of Renton,
Washington, passed on 20_ (the "Ordinance"). Formation of the Authority
was approved by Ordinance No. of the City of Auburn, passed on 20_,
Ordinance No. of the City of Des Moines, passed on 20, Ordinance
No. of the City of Federal Way, passed on 20_, Ordinance No. of the
City of Tukwila, passed on 20, Ordinance No. of the City of Burien, passed
on 20, and Ordinance No. of the City of SeaTac, passed on
20
Section 2. Limitation on Liability.
All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or
liabilities of the Authority which are not limited recourse in nature, exclusively from the assets,
credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the
Authority which, by their teens, are limited recourse obligations, from such assets, properties or
revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being
the source of payment of such limited recourse obligations or liabilities, and no creditor or other
person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des
Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member
Cities its assets, credit, or services, on account of any debts, obligations, liabilities or acts or
omissions of the Authority.
Section 3. Mandatory Disclaimer.
The following disclaimer shall be posted in a prominent place where the public may
readily see it in the Authority's principal and other offices. It shall also be printed or stamped on
all contracts, bonds, and other documents that may entail any debt or liability by the Authority.
The South Correctional Entity Facility Public Development
Authority is organized pursuant to Ordinance No. of the City
of Renton, Washington adopted on 20_, and
approved by Ordinance No. of the City of Auburn,
Washington adopted on 20, Ordinance No. of
the City of Des Moines, Washington adopted on
20 Ordinance No. of the City of Federal Way, Washington
adopted on 20, Ordinance No. of the City of
Tukwila, Washington adopted on 20, Ordinance
No. of the City of Burien, Washington adopted on
20 and Ordinance No. of the City of SeaTac, Washington
adopted on 20_, each as existing or as hereinafter
amended, and RCW 35.21.730 through 35.21.755.
RCW 35.21.750 provides as follows: "[A]11 liabilities incurred by
such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public
corporation, commission, or authority and no creditor or other
person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on
account of any debts, obligations or liabilities of such public
corporation, commission, or authority."
In no event shall the obligations of the Authority be payable by
recourse against any properties, assets or revenues of the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or
SeaTac, Washington or any other political subdivision of the State
of Washington. No person to whom such obligations are owed
shall have any recourse or right of action against the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or
SeaTac, Washington, the State of Washington or any other political
subdivision thereof on account of such obligations, except to
enforce the payments obligated to be made by ordinance by each of
the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila,
Burien or SeaTac, Washington.
Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement,
agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the
Authority; however, (1) no Member City shall be obligated beyond the proportion or sum
specified by ordinance or contract, and (2) no Member City shall be obligated, directly or
indirectly for the obligations of any other Member City.
Charter 2 P l20358_DG\20358_OIY 12/30/08
ARTICLE III
DURATION OF AUTHORITY
The duration of this corporation shall be perpetual.
ARTICLE IV
PURPOSE OF AUTHORITY
Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement for the formation of a governmental
administrative agency known as the South Correctional Entity "SCORE SCORE is
responsible for the establishment and maintenance of a consolidated correctional facility (the
"SCORE Facility to serve the Member Cities and federal and state agencies and other local
governments that may contract with SCORE to provide correctional services essential to the
preservation of the public health, safety and welfare. The purpose of the Authority is to provide
an independent legal entity under RCW 35.21.730 -.755 and the Ordinance to issue debt to
finance and refinance the acquisition, construction, equipping and improvement of the SCORE
Facility. Such debt may be issued in one or more series, may be in the foul' of bonds, notes or
other evidences of indebtedness to provide interim and peiuianent financing for the SCORE
Facility and thereafter, to finance or refinance equipment, completion, expansion and other
capital improvements essential to maintain the SCORE Facility's functionality as deemed
necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively
referred to herein as the `Bonds." Bonds may be issued from time to time by the Authority upon
a supermajority vote of the Board.
For the purpose of securing the exemption from Federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the City
of Renton, Washington (within the meaning of those terms in regulations of the United States
Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and
Section 115 of the Internal Revenue Code of 1986, as amended).
ARTICLE V
POWERS OF AUTHORITY
The Authority shall have and may exercise all lawful powers conferred by State laws, the
Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions
shall be subject to the powers, procedures, and limitations contained in the Ordinance.
Charter 3 P \20358_DG\20358_OIY 12/30/08
ARTICLE VI
LIMITS ON AUTHORITY POWERS
The Authority in all activities and transactions shall be limited in the following respects:
1. The Authority shall have no power of eminent domain or any power to levy taxes
or special assessments.
2. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
3. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, or the Legislature of the State of Washington or the Council of a Member City;
provided, however, that funds may be used for representatives of the Authority to communicate
with members of Congress, State legislators or members of the Councils of the Member Cities
concerning funding and other matters directly affecting the Authority, so long as such activities
do not constitute a substantial part of the Authority's activities.
4. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by this Charter. No part of the net earnings of
the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers
or other private persons, except that the Authority is authorized and empowered to:
(A) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(B) Assist Authority Board Members or employees as members of a general
class of persons to be assisted by a corporate- approved project or activity to the same
extent as other members of the class as long as no special privileges or treatment accrues
to such Board Member or employee by reason of his or her status or position in the
Authority;
(C) Defend and indemnify any current or fowler Board Member or employee
and their successors against all costs, expenses, judgments, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a Board Member or employee or
by reason of any action alleged to have been taken or omitted by him or her in such
Charter 4 P120358_DG120358_01Y 12/30/08
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which Board Members or employees may be
entitled as a matter of law;
(D) Purchase insurance to protect and hold personally harmless any current or
former Board Member or employee and their successors from any action, claim, or
proceeding instituted against the foregoing individuals arising out of the performance, in
good faith, of duties for, or employment with, the Authority and to hold these individuals
harmless from any expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The purchase of such insurance
and its policy limits shall be discretionary with the Board Members, and such insurance
shall not be considered to be compensation to the insured individuals. The powers
conferred by this subsection shall not be exclusive of any other powers conferred by law
to purchase liability insurance; and
(E) Sell assets for a consideration greater than their reasonable market value or
acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
5. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its Board Members or employees or otherwise engage in
business for private gain.
ARTICLE VH
ORGANIZATION OF AUTHORITY
Section 1. Board of Directors and Tenure
The management of all Authority affairs shall reside in a Board of Directors. The
SCORE Administrative Board created pursuant to Section 4 of the Interlocal Agreement,
including all amendments, shall act ex officio as the Board of the Authority. Board Members
shall have terms coextensive with their teluis as members of the SCORE Administrative Board.
Section 2. Board Concurrence and Quorum Defined. "Board concurrence" may
be obtained at any regular or special Board meeting by an affirmative vote of a majority of the
Board Members voting on the issue, provided that such majority equals not less than four (4)
votes. A "supermajority vote of the Board" may be obtained at any regular or special Board
meeting by an affirmative vote of a majority plus one of the Board members, two of which shall
have the highest and the second highest average daily population in the SCORE Facility for the
12 -month period ending June 30 of the preceding year. )-Five (5) voting Board Members
Charter 5 P 120358_DG120358_OIY 12/30/08
must be present at any regular or special meeting of the Board to comprise a quorum, and for the
Board to transact any business. Proxy voting shall not be allowed. The Bylaws of the Authority
may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in
this Section. Board Members present at a duly convened meeting may continue to transact
business notwithstanding the departure of enough members to leave less than a quorum.
Section 3. Right to Indemnification.
To the extent permitted by law, the Authority may protect, defend, hold harmless and
indemnify any person who becomes a director, officer, employee or agent of the Authority, and
who is a party or threatened to be made a party to a proceeding by reason related to that person's
conduct as a director, officer, employee or agent of the Authority, against judgments, fines,
penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her
in connection with such proceeding, if such person acted in good faith and reasonably believed
his or her conduct to be in the Authority's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The
indemnification and protection provided herein shall not be deemed exclusive of any other rights
to which a person may be entitled as a matter of law or by contract or by vote of the Board of
Directors. The Authority may purchase and maintain appropriate insurance for any person to the
extent provided by the applicable law.
Section 4. Conflict of Interest and Code of Ethics.
The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All
Board Members will be required to disclose any infoiniation concerning actions or activities of
the candidate or his/her immediate family that present a potential conflict of interest as a Board
Member.
ARTICLE VIII
OFFICERS OF AUTHORITY
Section 1. Officers and Division of Duties.
The Authority shall have at least one officer, the President, selected as provided in the
Bylaws. Subject to the control of the Board, the President shall have general supervision,
direction and control of the business and affairs of the Authority. The President shall be the
agent of the Authority for service of process. On matters decided by the Authority, unless
otherwise required under the Ordinance or by this Charter, the signature of the President alone is
sufficient to bind the corporation.
The Bylaws may designate additional corporate officials as agents to receive or initiate
process. The Board also may provide for additional officers, e.g., Vice President, Secretary,
and/or Treasurer. The President and the Treasurer may not be the same person. The day to day
Charter 6 P 120358_0G120358_CIY 12/30/08
affairs of the Authority, including debt administration, shall be managed by the Facilities
Director of the SCORE Facility, in the manner provided in the Interlocal Agreement.
Section 2. Committees.
The Bylaws may provide for an Executive Committee, which shall be appointed and/or
removed by the Board, and shall have and exercise such authority of the Board in the
management between meetings of the Board, as may be specified in the Bylaws. The
appointment of other committees shall be provided for in the Bylaws.
ARTICLE IX
COMMENCEMENT OF AUTHORITY
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Clerk of the City of Renton as provided in the Ordinance.
ARTICLE X
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
governing the Authority and its activities as are not inconsistent with this Charter. The Board
may provide in the Bylaws for all matters related to the governance of the Authority, including
but not limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE XI
MEETINGS OF THE AUTHORITY
Section 1. Time and Place of Meetings.
Regular meetings of the Board shall be held at least two times per year at a regular time
and place to be determined by the Board by resolution. At the last regular meeting of the
calendar year, the Board shall adopt a resolution specifying the date, time and place of regular
meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the
same manner as notice of special meetings is provided pursuant to Section 3 below. Special
meetings of the Board may be held at any place at any time whenever called by the President or a
majority of the Board Members.
Section 2. Notice of Meetings.
No notice of regular meetings shall be required, except for the first regular meeting after
any change in the time or place of such meeting adopted by resolution of the Board as provided
above. Notice of such changed regular meeting shall be given by the President or by the person
Charter 7 P 120358_DG\20358_0IY 12/30/08
or persons calling the meeting by email or by personal communication over the telephone to each
Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice
by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by
United States mail, postage prepaid, to the last known address of each Board Member.
Section 3. Notice of Special Board Meetings.
Notice of all special meetings of the Board of Directors shall be given by the President or
by the person or persons calling the special meeting in accordance with RCW 42.30.080 by
delivering personally, by electronic means or by mail written notice at least 24 hours prior to the
time of the meeting to each Board Member, to each local newspaper of general circulation and to
each radio or television station that has requested notice and to any other individual specifically
requesting it in writing. The call and notice of all special meetings shall specify the time and
place of all special meetings and the business to be transacted. Final disposition shall not be
taken by the Board on any other matters at such special meetings. At any regular meeting of the
Board, any business may be transacted and the Board may exercise all of its powers.
Section 4. Waiver of Notice.
Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member of
the Board who at or prior to the time the meeting convenes files with the Board of the Authority
a written waiver of notice or who is actually present at the meeting at the time it convenes. Such
notice may also be dispensed with as to special meetings called to deal with an emergency
involving injury or damage to persons or property or the likelihood of such injury or damage,
where time requirements of such notice would make notice impractical and increase the
likelihood of such injury or damage. Notice, as provided in Article X01 of this Charter
concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may
not be waived.
Section 5. Notice to City Council.
Notice of all meetings and minutes of all meetings of the Board shall be given to the City
Council of the Member Cities by giving notice to the City Clerk of each of the foregoing Member
Cities.
Section 6. Open Public Meetings.
All Board meetings, including executive, all other peiivanent and ad hoc committee
meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board
and committees may hold executive sessions to consider matters enumerated in chapter 42.30
RCW or privileged matters recognized by law, and shall enter the cause therefor in its official
journal. Notice of meetings shall be given in a manner consistent with the Ordinance and
chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to
any individual specifically requesting it in writing. At such meetings, any person shall have a
reasonable opportunity to address the Board either orally or by written petition.
Charter 8 P_ 120358_DG120358_01Y 12/30/08
Section 7. Telephonic Participation
Board Members may participate in a regular or special meeting through the use of any
means of communication by which all Board Members and members of the public participating
in such meeting can hear each other during the meeting. Any Board Member participating in a
meeting by such means is deemed to be present in person at the meeting for all purposes
including, but not Limited to, establishing a quorum.
Section 8. Parliamentary Authority.
The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all
cases to which they are applicable, where they are not inconsistent with this Charter or with the
special rules of order of the Authority set forth in the Bylaws.
Section 9. Minutes.
Copies of the minutes of all regular or special meetings of the Board shall be available to
any person or organization that requests them. The minutes of all Board meetings shall include a
record of individual votes on all matters requiring Board approval.
ARTICLE XII
CONSTITUENCY
There shall be no constituency of the Authority.
ARTICLE Xffi
AMEINNDlVTI NTS TO CHARTER AND BYLAWS
Section 1. Proposals to Amend Charter and Bylaws.
Proposals to amend this Charter may be initiated by the Renton City Council or by the
Board Members. Proposals to amend the Bylaws may be initiated by the Board Members.
Proposals to amend the Charter initiated by the Renton City Council shall be presented to the
Board in a founat as provided in Section 2(1), in accordance with the terms of the Ordinance.
Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner
described in the following Sections 2 and 3.
Section 2. Proposals Initiated by the Board.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
Charter 9 P \20358_DGN20358_01Y 12/30/08
2. Any Board Member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which 30 days advance written notice has been given to members of the Board. Any notice
required by this Article may be given by telegram, electronic or written communication. If
mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address
of each Board Member.
Section 3. Board Consideration of Proposed Amendments.
If written notice of a proposed amendment to the Charter or to the Bylaws, and
information, including the text of the proposed amendment and a statement of its purpose and
effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any
special meeting of which advance notice has been given, then the Board may vote on the
proposed amendment at the same meeting as the one at which the amendment is introduced.
Germane amendments to the proposed amendment within the scope of the original amendment
will be permitted at the meeting at which the vote is taken.
Section 4. Vote Required for Amendments to Charter or Bylaws.
Resolutions of the Board approving proposed amendments to the Charter or Bylaws
require an affirmative vote of a majority of the Board members voting on the issue, provided that
such majority equals not less than four (4) votes. Amendments to this Charter shall be effective
as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon
adoption by the Board.
Section 5. City Council Approval of Proposed Charter Amendments.
Proposed Charter amendments initiated and approved by the Board shall be submitted to
each of the Councils of the Member Cities; provided, however, that no amendment to the Charter
shall be effective until approved by the Renton City Council and the Councils of four (4) of the
other Member Cities; provided further, however, that no amendment to the Charter that revises
the definition of "supeiulajority vote of the Board" as provided in Article VI, Section 2 shall be
effective until approved by the Councils of all of the Member Cities.
ARTICLE XIV
MISCELLANEOUS
Section 1. Geographic Limitation.
The Authority may conduct activities outside of the boundaries of the City of Renton,
Washington, including but not limited to acquiring, equipping, constructing, improving and
maintaining the SCORE Facility located in the City of Des Moines, Washington, upon
Charter 10 P 120358 DG120358 01Y 12/30/08
determination by the Renton City Council that each such activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740.
Section 2. Safeguarding of Funds.
Authority funds shall be deposited in a qualified public depository as determined by the
Washington Public Deposit Protection Commission.
Section 3. Public Records.
The Authority shall maintain all of its records in a manner consistent with the
Preservation and Destruction of Public Records Act, chapter 40.14 RCW. The public shall have
access to records and information of the Authority to the extent as may be required by applicable
laws.
Section 4. Reports and Information; Audits.
Within three (3) months after the end of the Authority's fiscal year, the Authority shall
file an annual report with the Finance Director and Council of each Member City containing an
audited statement of assets and liabilities, income and expenditures and changes in the
Authority's financial position during the previous year; a summary of significant
accomplishments; a list of depositories used; a projected operating budget for the current fiscal
year; a summary of projects and activities to be undertaken during the current year; a list of a list
of officers of the Board; and a list of individuals, if any, that are bonded pursuant.
The Authority shall, at any time during normal business hours and as often as each City
Finance Director or the State Auditor deem necessary, make available to each City Finance
Director and the State Auditor for examination all of the Authority's fmancial records, and shall
peiuiit the City Finance Director and the State Auditor to audit, examine and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all the aforesaid
matters.
Section 5. Dissolution.
Dissolution of the Authority shall be in the form and manner required by this Charter,
Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated
by the Council of any of the Member Cities or, if the Board makes an affirmative finding that
dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of
the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of
the Councils of the Member Cities, each by ordinance, make an affirmative finding that
dissolution is warranted for any reason, then the existence of the Authority shall be terminated by
ordinance of the Renton City Council.
Charter 11 P 120358 DG\20358 01Y 12/30/08
Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a
dissolution statement as provided in the Ordinance. Title to all remaining property or assets of
the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all
property and assets shall be distributed to the Member Cities in an allocable amount calculated as
provided in the Interlocal Agreement.
Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued
by the Authority are no longer outstanding.
Section 6. Nondiscrimination.
Membership to the Board shall not be directly or indirectly based upon or limited by age,
race, color, religion, sex, national origin, sexual orientation. or the presence of any physical
handicap. Furthermore, the Authority shall not discriminate in any matter related to employment
because of age, race, color, religion, sex, national original, sexual orientation. or the presence of
any physical handicap. The Authority shall, in all solicitation or advertisements for employees
placed by or on behalf of the Authority, if any, state that all qualified applicants will receive
consideration for employment without regard to age, race, color, religion, sex, national origin,
sexual orientation. or the presence of any physical handicap.
Section 7. Nonexclusive Charter.
This Charter is nonexclusive and does not preclude the granting by Member Cities of
other charters to establish additional public corporations pursuant to City ordinance.
ARTICLE XV
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council
of the City of Renton, Washington on 20; Ordinance adopted by the City
Council of the City of Federal Way, Washington on 20; Ordinance
adopted by the City Council of the City of Auburn, Washington on 20;
Ordinance adopted by the City Council of the City of Des Moines, Washington on
20; Ordinance adopted by the City Council of the City of Tukwila,
Washington on 20_; Ordinance adopted by the City Council of the City of
Burien, Washington on 20_; and Ordinance adopted by the City Council
of the City of SeaTac, Washington on 20_.
This Charter is APPROVED this day of 20
Mayor, City of Renton
Charter 12 P 120358_13c120358_OIY 12/30/08
[SEAL]
ATTEST:
City Clerk
Charter 13 P \20358_DG\20358_0IY 120/08
EXHIBIT D
BYLAWS
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
MEMBERSHIP
Section 1.1 Board Tenure. For the purpose of determining members of the South
Correctional Entity Facility Public Development Authority (the "Authority") Board of Directors
(the "Board the procedures set forth in the Authority Charter (the "Charter and the SCORE
Interlocal Agreement (the "Interlocal Agreement by and among the Cities of Renton, Auburn,
Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities
shall govern.
ARTICLE II
OFFICERS AND CONIlVHTTEES
Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board
selected in the manner provided in Section 5(e) of the Interlocal Agreement shall be the President
of the Board. Such other officers and assistant officers as may be deemed necessary may be
elected or appointed by the Board. No person may simultaneously hold more than one office. In
addition to the powers and duties specified below, the officers shall have such powers and
perform such duties as the Board may prescribe.
Section 2.2 Oualification and Term of Office. The additional officers shall be
members of the Board or any other person designated by the Board who is at the time an official
or employee of at least one of the Member Cities or the SCORE Facility. The additional officers
shall be elected or appointed by the Board and shall hold office for terms established as a part of
the original appointment or for terms established in accordance with the Interlocal Agreement.
Section 2.3 Removal From Office. Upon reasonable prior notice to all Board
Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of
the Board Members may remove any officer of the Board from his or her office whenever in its
judgment the best interests of the Authority will be served thereby.
Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a
successor who shall hold office for the unexpired term and until his or her successor shall have
been duly appointed and qualified.
Section 2.5 Reimbursement. The Board may reimburse Board Members, employees
and others performing services for the Authority reasonable expenses actually incurred in
performing their duties.
Section 2.6 Establishment of Committees. The Board may, by resolution, designate
one or more other committees, including an Executive Committee, each consisting of one or
more members, to advise the Board or, on matters other than those described in the Charter to act
for and on behalf of the Board. The designation of any such committee and the delegation
thereto of authority shall not operate to relieve any Board Member of any responsibility imposed
by law. The Executive Committee, if any, shall have and exercise such powers of the Board as
the Board shall from time to time provide by resolution.
Section 2.7 Code of Ethics.
(a) Except as otherwise provided in this section, no Board Member or employee of
the Authority may:
(1) Participate in a decision of the Authority in which that person or a member
of that person's immediate family has a financial interest, unless the fmancial interest is a
remote financial interest and participation is approved under subsection (b) of this
section;
(2) Use his or her position to secure special privileges or exemptions for
himself, herself, immediate family members, or others;
(3) Directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the Authority for a matter
connected with or related to such individual's services in his or her position unless
otherwise provided for by law;
(4) Accept employment or engage in business or professional activity that
such individual might reasonably expect would require or induce him or her by reason of
his or her position with the Authority to disclose confidential information acquired by
reason of his or her position; or
(5) Disclose confidential information gained by reason of such individual's
position with the Authority, or otherwise use such information for his or her personal gain
or benefit.
(b) A Board Member or employee of the Authority may participate in a decision
described in (a)(1) above if that person or a member of that person's immediate family has only a
remote financial interest, the fact and extent of such financial interest is disclosed to the Board in
-2- P 12/30/08
a public meeting, and is noted in the minutes of the Board before any participation by the Board
Member in the decision, and thereafter in a public meeting the Board by vote authorizes or
approves the participation. If the person whose participation is under consideration is a Board
Member, that person must recuse him or herself and may not participate in a decision under this
subsection. Any Board Member with an ownership interest in property located within the
Authority area shall recuse him or herself from participating in a decision if such property is
directly benefiting from such action. For purposes of this subsection, "remote financial interest"
means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the
compensation of the employee or agent consists entirely of fixed wages or salary and the
contract is awarded by bid or by other competitive process;
(3) That of a landlord or tenant of a contracting party, except in cases where
the property subject to the lease or sublease is owned or managed by the public
corporation;
(4) That of a holder of less than one percent of the shares of the corporation or
cooperative that is the contracting party; or
(5) That of an owner of a savings and loan or bank savings or share account or
credit union deposit account if the interest represented by the account is less than two
percent of the total deposits held by the institution.
(c) A Board Member or employee of the Authority is not considered to be financially
interested in a decision when the decision could not affect that person in a manner different from
its effect on the public at large.
(d) All Board Members shall disclose any information concerning actions or activities
of the candidate or his/her immediate family that present a potential conflict of interest as a
Board Member.
(e) For purposes of this section, "participate in a decision" includes all discussions,
deliberations, preliminary negotiations, and votes.
(f) For purposes of this section, "immediate family" means:
(1) A spouse or domestic partner;
(2) Any dependent parent, parent -in -law, child, son -in -law, or daughter -in-
law; and
-3- P: 1203-58_DG120358_01Z 12/30/08
(3) Any parent, parent -in -law, child, son -in -law, daughter -in -law, sibling,
uncle, aunt, cousin, niece or nephew residing in the household of the
Board Member or employee.
(g) The Board may adopt additional conflict of interest and ethical rules it considers
appropriate.
ARTICLE III
ADMINISTRATIVE PROVISIONS
Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep
current and complete books and records of account and shall keep minutes of the proceedings of
its Board and its committees having any of the authority of the Board. The proceeds of any
borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms
and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular
accounting of the financial affairs of the Authority to the Board at each regular Board meeting.
The obligations of the Authority shall be administered by SCORE, and SCORE is hereby
designated and delegated with full authority to administer such obligations, all in a manner
consistent with the Interlocal Agreement.
Section 3.2 Indemnification. The Authority elects to defend and indemnify its present
and former Board Members and employees and their successors, spouses, and marital
communities to the full extent authorized by law and the Charter. This right of indemnification
shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital
community, commencing as soon as he or she has the full powers and responsibilities of his or
her position, and in the event of his or her death shall extend to his or her heirs, legal
representatives, and estate. Each person who shall act as a Board Member or employee of the
Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall
not be exclusive of any other right which he or she may have.
Section 3.3 Principal Office. The principal office of the Authority shall be 1055 South
Grady Way, Renton, Washington 98057.
Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and
end December 31 of each year, except the first fiscal year which shall run from the date the
Charter was issued to December 31, 2009.
ARTICLE IV
APPROVAL OF BYLAWS
APPROVED by Ordinance adopted by the City Council of the City of Renton,
Washington on 20; Ordinance adopted by the City Council of the City of
Federal Way on 20; Ordinance adopted by the City Council of the City
-4- P \20358_OG\20358_01Z 12/30/08
of Auburn on 20_; Ordinance adopted by the City Council of the City of
Des Moines on 20_; Ordinance adopted by the City Council of the City of
Tukwila on 20_; Ordinance adopted by the City Council of the City of
Burien on 20; and Ordinance adopted by the City Council of the
City of SeaTac on 20_.
-5- P 12/30/08
COUNCIL AGENDA SYNOPSIS
te,' s
9.
-5, Initials ITEM NO.
r I Meeting Date Prepared by 1 Mors review I Council review I
i O 01/05/09 KAM 1 G
it 1908 1 I
ITEM INFORMATION
CAS NUMBER: 09-003 I ORIGINAL AGENDA DATE: .JANUARY 5, 2009
AGENDA ITEM TI'llE Election of Council President for 2009
C. I'f G ORl' Discussion ®Motion Resolution n Ordinance Bid Award 1 1 Public Hearing Other
1(tg Date 01/05/09 Mil Date 01/05/09 ititg Date lltg Date Mtg Date !l itg Date lltg Date
SP()NS( )R Council I 1 Mayor Adm Sun DCD Finance [J Fire Legal PeR n Police n PIV
SPONSOR'S Election of the Council President for 2009
SU \f.l. \R1'
RI ,\lf'.\\'I`•D BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte 1 1 Arts Comm. L] Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Council President
COMMITTEE
COST IMPACT FUND SOURCE
ExII REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
MTG. DATE RECORD OF COUNCIL ACTION
01/05/09
MTG. DATE ATTACHMENTS
01/05/09 No Attachments
COUNCIL AGENDA SYNOPSIS
J� �liq
:tip Initials ITEM No.
i i Aft. S illeeti,i Date 1 Prepared by Mayor's review 1 Council review
1 01/05/09 i BM 1 I 1
190
ITEM INFORMATION
CAS NUMBER 09-004 'ORIGINAL AGENDA DATE. JANUARY 5, 2009
_-WEND ITEM Trn». Update on Climate Change Program; Resolution authorizing the City to join the
Cascade Agenda.
C.\ 1'I X;( )RY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
lltg Date 01/05/09 Aftg Date lltg Date 01/05/09 litg Data Mtg Date Mtg Date lltg Date
SP( )NS )R I 1 Council ma Adin Svcs DCD Finance n Fire I 1 Lai P &R Police PTV
SP( )NS()R's In November of 2007, the City pledged to reduce greenhouse emissions by 50 percent by
SUMMARY 2020. Additionally, the Council directed staff to complete an inventory of the greenhouse
emissions generated by the community as a whole. Planning staff has completed the
inventory for the community and has outlined some basic steps to take to reduce CO2
emissions. Staff is also requesting the City Council adopt a resolution that would allow the
City to join the Cascade Agenda.
RI IF't(I D BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. 1 1 Parks Comm. L Planning Comm.
DA 1'E: 10/27/08 12/08/08
RECOMMENDATIONS:
SPONSOR /ADMiN. Review and Approval
COMMITTEE Unanimous Approval; Forward to Regular Meeting
COST IMPACT FUND SOURCE
Et1'1 ?N1 riuiu; R .:QUI1u D AMOUNT BUDGETED APPROPRIATION REQUIRED
$5,000 $N /A $N /A
Fund Source: 000 -08- 558 100 -41 -00 AND 000 -07- 574 10041 -00
Comments. Fee will be split by DCD and Parks.
1 MTG. DATE I RECORD OF COUNCIL ACTION
I 01/05/09 1
MTG. DATE I ATTACHMENTS
01/05/09 Informational Memorandum dated 12/24/08
Informational Memorandum dated 12/02/08
Informational Brochure from Cascade Land Conservancy
Resolution in Final Form
Minutes from the Community Affairs and Parks Committee meeting of 10/27/08
Minutes from the Community Affairs and Parks Committee meeting of 12/08/08
LY
City ®f Jim Haggerton, Mayor
S, Department of Community Development Jack Pace, Director
1908
TO: Mayor
City Council
FROM: Jack Pace, Director
CC: Rhonda Berry, City ministrator
RE: Overview of Climate Change Work
Cascade Agenda Program
DATE: December 24, 2008
I. Issue
In November of 2007 the City Council unanimously adopted resolution 1649 which
established the City's greenhouse reduction program. As part of that resolution the City
pledged to reduce carbon dioxide emissions by 50 percent by 2020. The resolution also
called for DCD to conduct an inventory of the greenhouse emissions released by the
Community and for DCD to examine ways to reduce greenhouse emissions for both
municipal operations and the Community.
The following report examines the following items:
A. Municipal Emissions
B. Municipal Reduction Efforts
C. Community greenhouse emissions for 2006
D. Community reduction efforts
As part of the Community reduction effort, planning staff is presenting a resolution to the
Council for adoption. The Resolution will authorize the City to join the Cascade
Conservancy's Cascade Agenda as a leadership City.
II. Background
A) Municipal Emissions
In 2006, City operations were responsible for the release of 7,041 tons of carbon dioxide.
The City released the carbon dioxide either directly from such sources as the use of fleet
vehicles or indirectly through the use of power for City facilities.
B. Miles Page 1 12/30/2008
F• Ciloi2aLWarmmg \Regular Memo 2009.01 05 do
6300 Southcenter Boulevard, Suite 11100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
The following is a breakdown of the inventory:
1. Buildings 3,721 tons of CO2 (52% of total)
2. Fleet 1,319 tons of CO2 (18 of total)
3. Streetlights 1,046 tons of CO2 (14.8 of total)
4. Employee Commute 688 tons of CO2 (9.7% of total)
5. Water /Sewage 267 tons of CO2 (3.7% of total)
B) Mumicinal Reduction Efforts
During the year, staff implemented several "green" initiatives as a way to reduce the CO2
released by City operations. Staff also was able to learn from these initiatives and a
discussion is provided on staff's experiences.
1. Energy Demand Reduction
When staff briefed the City Council in 2007, we noted that one of our goals in CO2
reduction efforts would be to conserve energy at City facilities. DCD and Public Works
examined simple lighting and electrical upgrades to City Hall and the 6300 Building as a
way to reduce energy consumption. The upgrades included, new lamps and ballasts for
the overhead lights, replacing exit signs with LED lights, and installing occupancy
sensors.
The total cost for the work was estimated at approximately $28,500, however Puget
Sound Energy (PSE) has a program where the City could be reimbursed up to half the
costs associated with installation, thus the total out -of- pocket cost to the City would be
$14,250. The total energy savings is estimated at 52,534 kilowatt hours and would save
approximately $3,551 per year' in energy costs. Staff has estimated that an investment of
$14,250 would be paid back within four years as a result of the energy savings.
Staff is hoping to have the retrofit completed in January and to use the experience of this
project to hopefully complete similar upgrades to other City owned buildings.
What we learned:
Reducing CO2 by upgrading lighting at two City buildings can also save the City money.
Additionally, the City's utilities (City Light and PSE) have programs available to off -set
the costs associated with lighting upgrades.
2. Expanded CTR Program
The expansion of the Commute Trip Reduction was not associated with the City's green
initiative program; however the program has contributed to the City's overall greenhouse
1 Based on current cost of one kilowatt hour. If prices should increase, the City's savings would be
increased.
B. Miles Page 2 12/30/2008
E: \Global Warming\Regular Memo, 2009.01.05.doc
reduction goals. In 2008, all City employees were given the option of obtaining a
Flexpass free of charge. The Flexpasses were good on all trains and buses operated by
Sound Transit, Metro, and Pierce Transit.
What we learned:
Outside programs such as the CTR program are contributing to the CO2 reduction effort.
While CTR was originally designed to reduce congestion on highways, the program has
the added benefit of reducing CO2 emissions.
3. Hybrid Car Purchase
The City Engineer replaced his Dodge Stratus with a hybrid Toyota Prius. When we
compared the miles driven we found that the City Engineer typically got 25 miles per
gallon when driving the Stratus, the Prius on the other hand got 53 miles per gallon. The
hybrid clearly got better gas mileage than the Dodge and thus reduced CO2 emissions;
however the hybrid was almost $10,000 more than the Dodge. Even when we factored in
the fuel savings associated with driving a hybrid the City would likely not recover the
additional costs
What we learned:
Many larger agencies, such as the State of Washington, King County and the City of
Seattle have replaced many of their fleet vehicles with Toyota Priuses, however these
agencies have a different driving pattern than most Tukwila employees. City staff does
not have a driving pattern that necessarily warrants the use of expensive hybrid cars. City
staff typically has short distance trips. However, this information will be useful in future
vehicle purchases for the City. If staff is only driving short commutes, the need for large
cars with six cylinder engines does not seem necessary. Purchasing cars with four
cylinder engines may best serve City staff for most needs while at the same time reducing
CO2 emissions and saving the City money in fuel costs.
4. DCD Waste Reduction Effort
City government is a paper generating machine. Everyday City staff creates and receives
countless letters and documents. During 2008, DCD examined ways to reduce the
amount of paper generating during typical daily operations.
For example:
A. An electronic letterhead was created to allow Planning staff to send letters
electronically.
B. The ability to scan documents into PDFs was installed on a copier which allows
letters and documents to be transmitted and stored electronically.
2 The average fuel costs during the time period examined was $2.87 a gallon. Fuel costs have now fallen to
almost $1.75 a gallon, thus the payback period would be further increased.
B. Miles Page 3 12/30/2008
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C. Staff computers had the default changed on their computers so that documents are
printed double sided.
D. The Sign Code Update utilized an online sign up that allowed interested
individuals to track the status of the update process. Individuals who provided an
email address would receive notifications regarding upcoming meetings and
documents that were available for public review via the City's website. This
replaced the previous method of sending out hard copies via the mail.
E. Changed the letter procedures to eliminate redundant copies and double archiving
of correspondence.
What we learned:
The ability to access and store documents electronically saves the City money and can
also improve customer service. While exact financial numbers are not known, DCD
reduced its paper consumption and reduced the use of postage. The ability to easily
access documents electronically allows staff the ability to quickly answer questions from
the public regarding projects. Additionally, those documents can easily be transmitted
via email which allows interested parties to quickly view the documents without having
to send the documents via the mail or having the documents picked up at City Hall.
However, there were legal limitations to what we could transmit via email due to
specifications outlined in the TMC. For example, when the City receives a land use
application we are required to issue either a Notice of Complete Application or Notice of
Incomplete Application. The TMC specifically requires that the Notice be issued via the
mail. This Code requirement was put into the TMC in 1995, prior to the current internet
and email environment. Many of the individuals that we work with do communicate with
City staff via email and seem to prefer receiving communications via email in lieu of
snail mail. Planning staff hopes to bring a house keeping ordinance to the City Council
in 2009 which would provide the flexibility to allow staff to send communications to
applicants via email, provided of course that applicants agree to receiving such
communications via email.
What's Next for 2009?
Staff hopes to make great strides in 2009 to further reduce the City's CO2 emissions.
Resolution 1649 called for the creation of an executive team to identify ways to reduce
CO2 emissions. While a faunal team has not been convened, DCD has been working
with Public Works and Finance to identify methods to reduce waste. In 2009, the City
will formulize a "green team" to identify ways to reduce waste and reduce CO2 produced
by the City.
Some examples that will most likely be examined include:
1. Expand the lighting and electrical upgrades to other City Buildings.
2. Expand and make more convenient recycling in all City Facilities.
3. Identify ways for each Department to reduce its use of paper.
B. Miles Page 4 12/30/2008
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4. Examine ways to reduce fuel consumption by the City's fleet of vehicles.
5. Create a purchase list of green products such as cleaning supplies and recycled
papers. Also, include a List of prohibited items such as single water bottles, etc
6. Educate employees about not idling cars and establish "No Idle Zones" at City
facilities.
7. Ensure adequate facilities for employees to store bikes during the work day as a
way to promote biking to work.
As part of this reduction effort staff would like to brief the City Council on an annual
basis in order to keep the Council up -to -date on the City's reduction effort and meeting
our 50 percent reduction goal.
C. Community Greenhouse Emissions for 2006
In 2006, the City of Tukwila as a whole was responsible for the release of 868,228 tons
of CO2. The CO2 released was either the result of direct sources, such as driving or
indirect sources such as electricity used in homes and businesses.
The following is a breakdown of CO2 emissions by category:
Residential: 37,884 tons of CO2 (4.3% of total)
Commercial: 186,542 tons of CO2 (21.4% of total)
Industrial: 167,499 tons of CO2 (19.29% of total)
Transportation: 490,679 tons of CO2 (56.5% of total)
As indicated in the data above, over half of the Community's CO2 was a result of
transportation. This category measures the CO2 released when Tukwila residents
commute to work, the CO2 released when employees who live outside of the City
commute to their jobs within the City and when people shop in Tukwila. The State of
Washington recently completed their greenhouse survey and found the same results, that
transportation is the single largest source of CO2 in the State. As would be expected cars
are the single largest source within the transportation category. Unlike other areas of the
Country, Washington State gets most of its electricity from hydroelectric dams thus the
CO2 released by electrical generation is small compared to the other sources.
D. Community reduction efforts
The City already has many programs which assist in reducing greenhouse emissions.
These programs include the City's Commute Trip Reduction (CTR) Program, Tree
Retention Requirements, Wetland and Watercourse Protection Provisions, Salmon
Enhancement Projects, and the City -wide Recycling Program. Yet, many of the
programs were adopted in the past to address other important issues. For example, the
CTR Program, which the City implements for the State, was originally intended to
B. Miles Page 5 12/30/2008
E: \Global Warming\Regular Memo, 2009.01.05.doc
address congestion and to reduce the need to build more roadways. The Recycling
Program, like with most cities, was created initially to reduce the amount of solid waste
being sent to landfills. Now both programs have extreme importance in reducing CO2
emissions.
Reducing CO2 emissions throughout the community will require a two pronged program.
1. CO2 and Sustainability Should be made Elements in the Comprehensive Plan
As noted, most of the CO2 generated within the City is a result of transportation
activities, thus simply requiring green or LEED buildings will not significantly reduce the
Community's CO2 emissions. In order to address the CO2 released as a result of
transportation activities the City will need to reduce the miles traveled to get to work by
both Tukwila residents and Tukwila employees who live outside of the City. This can be
accomplished by encouraging more compact development that can be served by
transportation modes other than the automobile, especially within the Urban Center. As
the Council is aware, staff has been working on an Urban Center Plan which will
encourage people to live within the Urban Center and hopefully live closer to their place
of employment or transit access. Additionally, reducing the miles traveled could also be
accomplished by expanding and improving non motorized transportation options within
the City, hence the importance of the Walk and Roll Plan.
The first prong of the community reduction program is to create a new element of the
Comprehensive Plan to address the community's CO2 emissions and to encourage a more
sustainable Tukwila. This "Green" element would be the over arching theme to the
City's future development regulations and all future development regulations would be
evaluated on how they assist in reducing CO2 emissions. Examples include street
standards, low impact development standards, and mixed use development projects.
Tukwila is scheduled for a major Comprehensive Plan update in 2011. This would be the
best time to add a "Green" element to the City's Comprehensive Plan. There is
background work that would need to be completed prior to 2011. Planning Staff would
like to undertake a public outreach program in 2009 to work with the public in the
creation of the "green" element. Staff has solicited the help of the Cascade Land
Conservancy to assist in the public outreach program. Cascade Land Conservancy has
created a program called the "Cascade Agenda" which is promoting smart growth and
greener lifestyles for cities. Currently, ten cities are part of the Cascade Agenda and
three of those cities joined at the leadership level. The leadership level provides the
services of the Cascade Conservancy in promoting various land use activities within the
City. As noted, Staff would like to have Cascade Conservancy assist in promoting
sustainability within the City. Staff would like to join at the leadership level and Tukwila
would be the first city in south King County to join the Cascade Agenda Program.
B. Miles Page 6 12/30/2008
E: \Global Warming\Regular Memo, 2009,01.05.doc
2. Education and Leadership
The second prong of the community reduction effort is for the City to promote CO2
reduction efforts and sustainability throughout the City as well as the region.
Throughout 2008, staff has become aware of a number of businesses within the City that
are trying to be more "green One good example is Johnson Braund Design Group
located on 52" Ave South. The company has committed itself to a zero energy goal and
has installed solar panels on their roof in order to produce their own energy.
Additionally, Boeing has consistently been given praise for its C I'R program and Starfire
has worked to reduce vehicle trips generated by soccer tournaments.
Staff also learned about the numerous programs available to businesses to help them
reduce energy consumption. For example, City Light has a program available to builders
that encourages them to install better insulation in new buildings. The program is free
and grants are available that can assist in reducing the costs of providing the additional
insulation.
There are also several programs available to residents and apartment managers designed
to assist them in saving energy and reducing CO2 emissions. For example, PSE offers a
"Green Power" program where individuals can purchase their power from green sources
such as wind turbines. City Light has a similar program.
In 2009, Planning Staff would like to actively promote these existing programs
throughout the community. The following is a list of possible activities:
1. In conjunction with Economic Development hold the first "Green Tukwila
Summit" to bring together Tukwila businesses to discuss what they are doing to
be "greener As part of the Summit,PSE and City Light representatives will be
invited to discuss what programs are available to businesses and property owners.
2. Encourage City Light and PSE customers to sign up to purchase green power.
Staff is considering partnering with adjacent cities to have a competition to see
which cities can get the most people signed up for green power.
3. Kick off a program to encourage residents to track their CO2 emissions by using
one of the many online calculators.
4. Provide a new page on the City website with information specifically targeted to
living "greener The page would include links to the wealth of infoimation
already on the web with information 011 energy conservation, recycling, mass
transit, etc.
5. Annual recognition for businesses and residents who strive to live a more
sustainable lifestyle.
B. Miles Page 7 12/30/2008
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III. Conclusion
Municipal Reduction Effort
In 2008, Staff undertook the first steps in reducing CO2 generated by the daily operations
of City government. We learned that CO2 reduction can have other tangible benefits
such as reducing the City's electrical bills, reducing postage, and improving customer
service. Staff hopes that even more work can be accomplished in 2009 and that Tukwila
can set an example for other cities as well as the City's businesses.
Community Reduction Effort
Reducing CO2 emissions within the City will require continued polices that support
smart growth. As noted, over half of the City's CO2 emissions were generated by cars of
people coming and going from the City. The implementation of the Urban Center Plan
may assist in creating a place where people live and work within the same area or with
easy access to transit, thus reducing miles driven. Additionally, expansion of non-
motorized transportation options will also assist in reducing miles driven and thus assist
in reducing CO2 emissions.
The City is at a unique position it that in can directly work with residents and businesses
to reduce CO2 emissions and to create a greener Tukwila. The City hopes to be able to
work with Cascade Land Conservancy to educate and promote the idea of sustainability
throughout the City.
IV. Recommendation
Staff recommends that the City join the Cascade Land Conservancy's "Cascade Agenda
Program" by adopting the resolution provided to the Council. No action is needed by the
Council on the various other programs outlined in this memo.
B. Miles Page 8 12/30/2008
E: \Global Warming\Regular Memo, 2009.01.05.doc
TO: Mayor
Community Affairs and Parks
FROM: Jack Pace, Director of DCD
Bruce Fletcher, Director of Parks and Recreation
RE: Cascade Land Conservancy
Cascade Agenda Membership
DATE: December 2, 2008
Issue
Should the City participate in the Cascade Land Conservancy's "Cascade Agenda" as a
member city?
Background
On October 27, 2008, Jeff Aken with Cascade Land Conservancy briefed Community
Affairs and Parks (CAP) about the possibility of the City participating in the Cascade
Agenda. CAP asked staff to see what role the Conservancy could play with regards to
on -going and future planning activities in order to see if membership would be beneficial
to the City. DCD and the Parks Department met with Cascade Land Conservancy to
discuss possible projects where the City could use the assistance of the Cascade Land
Conservancy. As the City Council may be aware, the Parks Department has had an
ongoing relationship with Cascade Land Conservancy for several years.
The City has committed itself to reducing greenhouse emissions within the City by 20
percent by 2020. Membership in the Cascade Agenda as a "Leadership City" would be
beneficial to the City in achieving its greenhouse gas reduction goals. In 2009, Cascade
Land Conservancy could assist the City in public outreach associated with the City's
greenhouse emission reduction efforts and in the early update process of the
Comprehensive Plan which will include new sections devoted to climate change and
sustainability. The climate change and sustainability goals will most likely include
efforts to add additional open space and nature areas within the City in order to increase
livability.
Joining at the "Leadership City" level has an annual membership fee of $5,000.
B. Miles Page 1 12/30/2008
H: \Global Warming \CAP, 2008.12.05.doc
Discussion
Tukwila would be the first city in south King County to become a member of the Cascade
Agenda. Membership will assist staff in our ongoing effort to create a more sustainable
City.
DCD and Parks will be split the annual membership dues of $5,000
Recommendation
Staff recommends that the City join at the "Leadership level Given Council time
constraints in December and January, staff would request to take this to the January 5,
2009 Regular Council meeting. At that time Jeff Aken will provide the same briefmg
that was previously provided to CAP. Additionally, planning staff will provide an update
on the City's 2008 green initiatives and what staff has planned for 2009.
Attachment(s): Draft Resolution
Brochure from Cascade Land Conservancy
Minutes from 10/27/08 CAP Meeting
B. Miles Page 2 12/30/2008
H: \Global Warming \CAP, 2008.12.05.doc
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Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUK4VILA,
WASHINGTON, AUTHORIZING PARTICIPATION IN THE "CASCADE
AGENDA" CITY PROGRAM.
WHEREAS, the population in the Puget Sound region is expected to double in the next
100 years, in addition to the already dramatic growth recently experienced, thereby
significantly impacting the growth of cities and towns; and
WHEREAS, long -term ecosystem health, economic vitality and quality of life are of
critical importance to the citizens of the City, and
WHEREAS, in the face of such growth, the City can maintain and enhance the quality
of life by guiding how and where this growth will occur; and
WHEREAS, The Cascade Agenda is a 100 -year collective vision for the Central Puget
Sound region with the goals of conserving 13 million acres of working farms, forests and
natural areas, and creating vibrant and livable communities, while sustaining a strong
regional economy; and
WHEREAS, The Cascade Land Conservancy, recognizing the relationship between
making our communities spectacular enough to attract growth and the conservation of this
region's ecosystems and working lands, has launched the "Cascade Agenda Cities Program"
to help local jurisdictions create complete, compact and connected communities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City endorses the vision articulated in The Cascade Agenda as beneficial
to the City and the region as a whole.
Section 2. The City shall pursue a partnership with the Cascade Land Conservancy as a
member of the Cascade Agenda Cities Program to advance this vision within the community
Section 3. The City will seek to align policies and programs on community
development, housing, transportation, parks, open space, and sustainability with the
objectives of The Cascade Agenda Cities Program, striving to make the City more complete,
compact and connected.
Section 4. The City shall appoint a staff person to act as the City's primary link with
respect to Cascade Agenda Cities related activities.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST/AUTHENTICATED-
Joan Hernandez, Council President
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C. \Documents and Settings \All Users\ Desktop Kelly \MSDATA Resolutions \Cascade Cities Agenda Programdoc
SG:ksn 12/30/2008 Page 1 of 1
e J� w9s
y City of Tukwila
co, Community Affairs and Parks Committee
1908
COMMUNITY AFFAIRS AND PARKS CON METTEE
Meeting Minutes
October 27, 2008, 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn
Staff Bruce Fletcher, Lisa Verner, Jack Pace, Brandon Miles, Rhonda Berry and Kimberly Matej
Guests: Brooke Alford (Parks Commissioner), Jeff Aken (Cascade Land Conservancy), Chuck Parrish
(resident) and Mark Hancock (Segale Properties)
CALL TO ORDER: Chair Hernandez called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Cascade Agenda Cities Program
Staff is seeking full Council approval of a resolution which establishes the City as a member of the
Cascade Agenda Cities Program.
Brooke Alford, Parks Commissioner, introduced Jeff Aken from Cascade Land Conservancy (CLC) and
briefed the Committee on The Cascade Agenda. Jeff spoke further to the Agenda and how it reaches out
to communities within the region as well as to different stakeholders. The Cascade Agenda Cities
Program began last year and is an extension of the Agenda. It acknowledges that we are all planning
under the Growth Management Act and also incorporates the greater Agenda vision which looks out over
100 years. The Cities Program encourages partnering with cities to talk about creating livable cities
through smart choices about future growth. Additionally, the Program assists cities in connecting
planning policies to things the community cares about (traffic, housing, walk ability, etc.) The Program
focuses on working towards creating communities that are: complete, compact and connected.
Jeff described the two types of levels in the Cities Program. the Membership level and the Leadership
level. The Membership level results in no cost to the city and requires a council resolution supporting
membership. The Leadership Cities requires a council resolution, costs $5,000 annually and Cascade
Land Conservancy establishes a closer partnership with .the member city on a policy level often resulting
in specific planning objectives between CLC and the city.
Committee members were interested in the Program and have requested staff return to Committee at a
later date with a draft resolution and recommendation regarding which level the City should pursue.
STAFF WILL RETURN TO COMMITTEE AT A LATER DATE WITH A
RECOMMENDATION AND RESOLUTION.
B. Tukwila Pond Park Develooment Contract with Robert W. Droll. Landscape Architect
Staff is seeking Council approval of a consultant agreement with Robert W. Droll Landscape Architect in
the amount of $34,100.54 for Tukwila Pond Park Development Design.
The most recent contract with Robert W. Droll expired in August 2008, with a remaining balance on the
agreement. Since the agreement was not extended prior to its expiration, staff must draw up a new
agreement for the unspent/available funds remaining from the original agreement ($34,100.54). The new
agreement will be valid for one year. According to the agreement, Robert W. Droll will continue to serve
as consultant to the City in the capacity of park planner /landscape architect as well as preparation of bid
documents. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR
DISCUSSION.
ilILA
o z City of Tukwila o
riy Community Affairs and Parks Committee
J O
1
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
December 8, 2008, 5 00 p.m.; Conference Room #3
PRESENT
Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn
Staff: Bruce Fletcher, Rick Still, Lisa Verner, Nick Ohvas, Brandon Miles, Shawn Hunstock, Jack Pace,
Derek Speck, Rhonda Berry and Kimberly Mate
Guests: Nancy Damon, Bill Arthur, Mark Segale, Joe Desmoine and Mike Hansen
CALL TO ORDER: Chair Hernandez called the meeting to order at 5:02 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Cascade Land Conservancy Membership
Staff is seeking full Council approval of a resolution authorizing the City's participation in Cascade Land
Conservancy's Cascade Agenda Cities Program (Agenda). This item was first presented in detail at the
t Oer mmunity Affairs and Parks meeting. After that presentation comrmttee members
exp 27 interest Co m the program and requested sta re turn to the Co with a draft res oluti on an
recommendation regarding which leadership level the City should pursue.
Staff recommends the City join the Agenda at the leadership level which will cost 55,000 annually. This
membership fee will be shared equally between the Depaitiiient of Community Development and the
Parks and Recreation Depai tiuent. The leadership level membership will benefit the City with public
outreach assistance associated with the City's greenhouse emission reduction efforts and with the
formation of future comprehensive plan changes relative to climate change and sustainabihty. Due to
constraints of upcoming Council meetings, staff has requested this item move forward directly to the
January 5 Regular meeting. Committee members agreed to forward this item directly to the January 5.
UNANIMOUS APPROVAL, FORWARD TO JANUARY 5 REGULAR MEETINi G.
B. Contract Extension for Commercial Development Solutions
Discussions regarding a development agreement arid annexation are still moving forward relative to the
Tukwila South project and are not expected to fully complete by the December 31, 2008; which is the
contract expiration for Commercial Development Solutions (contract with Lisa Verner)
In an effort to keep the continuity of work moving forward, staff is requesting Council approval of a
contract amendment that will extend the current Commercial Development Solutions contract through
June 30, 2009, and add an additional amount of funding for contract services not to exceed 548,000.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION.
C. Impact Fee Ordinances for Fire and Parks
This agenda item is returning to the Community Affairs and Parks Committee meeting as an information
only item to provide an update on the Mayor's recommendations on impact fees and subsequent
Committee recommendations presented at the December 2 Finance and Safety Committee meeting
Committee members reviewed the information as presented by staff and asked several clarifying
questions
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C• O W REGULAR C.O.W.
January 5 12 20 (Tuesday) 26
1st —New Years Day Special Issues: Appointment: Special Presentation:
(City offices closed) See agenda packet Walk Roll Plan Library Advisory 2008 COPCAB awards
cover sheet for this (Non- Motorized Board to a citizen and a Police
19th Transportation Plan) Department employee,
week's agenda Unfinished Business:
M.L. King, Jr. Day (Januanj 5, 2009 ordinance Walk Roll Plan and year -end
(City offices closed) Regular Meeting) (Non Motorized presentation
Transportation Plan)
ordinance
February 2 9 17 (Tuesday) 23
16th
Presidents' Day
(City offices closed)
March 2 9 16 23
30th Special Presentation:
Fifth Monday of the State of the
month —no Council Municipal Court
meeting scheduled
COMM 1 I LE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
Upcoming Meetings Events
JANUARY 2009
Sth (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 10th (Saturday)
Civil Sorvicc Chamber of OPEN HOUSE r EmtY Council Coffee Chat
Commerce Shoreline Master Diversity 10:00 AM to
CANCELLED Gov't. Pro Commission, 12:00 NOON
Community gram 5:15 PM at Starbucks
Affairs Cmte., €Y (CR 53) (13038 Interurban Ave.)
Executive 12:00 NOON
Session, (Chamber 4.n
630 PM Office) .5. oss
�t C
(Council Q
Chambers)
5:00 to 7:30 PM
City Council A Council Chambers Stop by and informally
Regular Mtg., Commission, talk with a Tukwila
7 :00 PM 5:00 PM City Councilmember
(Council about anything on your
(Community D Sister City Cmte,
Chambers) Center) 6.30 PM mind regarding
(CR 4'3) Tukwila.
12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday)
City Council Highway 99 Domestic
Committee of Action Cmte, Violence Task
the Whole 7:00 PM Force,
Mtg., (Community 12:00 NOON
7:00 PM Center) (CR #5)
(Council
Chambers)
Planning
Commission
(Work Session
on the Shoreline
Master
Program),
6:00 PM
(Council
Chambers)
Tukwila
Historical
Society,
7:00 PM
(George Long
facility)
Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: lst Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf Room 53. Contact Bev Willison at 206 -433- 1844.
D Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 53.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 55. Phi Huynh (206- 433 7175).
Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 55. Contact Phi Huynh at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 55. Contact Evie Boykan or Stacy Hansen at 206- 433 -7180.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room 53. Contact Kimberly Mate] at 206-433 -1834.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43.
>Highway 99 Action Committee: 2nd Tues., 7 :00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180.
>Human Services Providers: Quarterly, 11:30 AM, TCC. Contact Stacy Hansen at 206 -433 -7181.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertsman at 206- 575 -2,89.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at206 -431 -3670.
>Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 53. Contact Bev Willison at 206-433-1844.
>Transportation Committee: lst 3rd Mon., 5:00 PM, Conf. Room 51.
Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 51.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).