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RESOLUTION NO. (b(
A RESOLUTION of the City Council of the City of
Kent, washington, approving the Regional Water
Association of South King County Agreement for
Inter-Governmental Cooperation concerning water
resources.
BE IT RESOLVED by the City of Kent, King County as
1. The attached Agreement titled "Water Association
of South King County Agreement for Inter-Govern-
mental Cooperation" dated as of April 1, 1982 is
hereby approved in its entirety.
2. The City of Kent is also authorized to become a
member of the Regional Water Association of South
King County, a Washington nonprofit corporation
and the Director of Public Works shall be its
authorized representative.
3. The attached Articles of Incorporation of said
nonprofit corporation, are hereby approved.
4. The City of Kent is authorized to pay to said
nonprofit corporation, the City's proportionate
share of the cost of the Regional Water Resources
Study entitled "Scope of service, Feasibility
Study -Phase I" attached hereto. (In accordance
with paragraph 5 of the attached Agreement.)
funds for the City's share shall come out of the
unencumbered balance of the water fund.
5. The Mayor of the City of Kent is hereby
authorized and directed to execute the attached
Agreement, on behalf of the City of Kent.
6. The Director of Public Works of the City of Kent
is hereby authorized and directed to execute the
attached articles of incorporation on behalf of
the City of Kent.
7. It is understood that, the City of Kent is not
obligated to any expenditures beyond its
proportionate share of the above study, without
further approval by the Kent City Council.
PASSED at a
this >:i:
ATTEST:
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MARIE JE~Y CLERK
APPROVED AS TO FORM:
HEAVEY,
I hereby certify that this is a true copy of Resolution
No. 9 (;( , passed by the City Council of the City of Kent,
Washington, the ~-day of April, 1982.
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MARIE J~Y CLERK
1518-51A
Ms. Karen Siegel
LAW OFFICES OF
WATSON & LONGLEY
A PROFESSIONAL SERVICES CORPORATION
1510 IBM BUILDING
SE.~'r'l'LE, WASHINGTON 98101
(206) 447-1900
May 2, 1983
CITY OF KENT
Engineering Department
220 So. Fourth Avenue
Kent, Washington 98032
Re: Regional Water Association
Dear Ms. Siegel:
Enclosed are copies of the following documents:
Certificate of Incorporation
Articles of Incorporation
r.~ ~ v 4 1986
Agreement for Intergovernmental Cooperation
As custodian of the corporate records of the Regional Water
Association of South King County, I hereby certify that the
enclosed are true and correct copies in the corporate minute
at my office.
2-320646-9 DOMESTIC
FILE NUMBER
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STATE OF \VASHINGTOI~ DEPARTMENT OF STATE
----------------------------
I, RALPH MUNRO, Secretary of State of thf ~;t<dc '" \\1 ~c)di'Jh.:, c.r.,J c_u,o;'C.!lliC!Il of ib seal, l1ereby
certify that
ARTICLES OF INCORPORATION
REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY of _____________ _
a domestic corporation of~----~------·--F'_~d_era_l_WCiY •~---Washington,
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was filed for record in this office 011 !Lis date, a1:d 1 fu: thu ,.,:;:til}' 1ha! sud, Ar iicles remc::n on filt. in this
office.
SSF-57-A(ll-70) -111-
In witness whereof I have signed and have af-
fixed the setil of the State of Washington to
this certiticate at Olympia, the State Capitol,
____ _.Apr il_2_0_19 8 2
RALPH MUNRO
SECRETARY OF STATE
ARTICLES OF INCORPORATION OF THE
REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY
F I L E D
APR 2 2 1982
SECRETARY OF STATE
sTATE or · f"U!I\!r.:T"""
THE UNDERSIGNED, acting as incorporators of a nonprofit cor-
poration to be formed under and pursuant to Chapter 24.03 of
the Revised Code of Washington, do hereby adopt the following
Articles of Incorporation for such corporation:
I. NAME~ The name of the corporation is REGIONAL WATER
ASSOCIATION OF SOUTH KING COUNTY.
II. DURATION: The period of duration of the corporation
is perpetual.
III. PURPOSE: This corporation is formed to carry out the
objectives set forth in an Agreement for inter-governmental
cooperation dated April 1, 1982, between the City of Kent, and
King County Water Districts No. 75, 105, 111 and 124 as in
ef feet now or amended in the future. Formation of a non-
profit corporation is specifically authorized by Section
39.34.030{3)(b) of the Inter-Local Governmental Cooperation
Act of the State of Washington.
Subject to the specific governmental grants of authority set
forth now or hereafter in said Agreement, the purposes of this
corporation shall include, but not be limited to the following
cooperative efforts by the parties to said agreement: Conduct
a study of water sources available in South King County;
Inter-tie of the water supply systems of the parties to said
Agreement for both water supply and emergency purposes; Devel-
opment of future ground and surface water sources; And to
provide short and/or long range financing of any of the objec-
tives now or in the future set forth in said Agreement. Pur-
suant to said Agreement, this corporation shall have authority
to issue bonds and other forms of indebtedness in its own name
and guaranteed by the parties to said Agreement.
IV. REGISTERED AGENT AND OFFICE: The initial registered
agent of the corporation shall be John T. Sawyer, and the
initial registered office of the corporation shall be 31627-lst
Avenue South, Federal Way, Washington.
v. DIRECTORS: The number of Directors of the corporation
shall be not less than three (3) nor more than twenty-five
(25), as shall be fixed, from time to time, in the Bylaws of
the corporation. Initially, the Board of Directors shall
consist of the following five persons whose addresses are
set forth after their names:
Richard L. Bishop
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30033 188th Avenue S.E.
Kent, Washington 98031
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Gary G. Cline
John T. Sawyer
Don E. Wickstrom
13335 s.w. 248th Place
Kent, WA 98031
31627 1st Avenue South
Federal Way, WA 98003
220 South 4th
Kent, WA 98031
No person may serve as a Director and/or Officer of this
corporation unless he or she is an elected official or the
other designee of a member governmental entity.
VI. INCORPORATORS~ The above named persons are also the
incorporators of this coporation, acting on behalf of the
following governmental bodies.
Richard L. Bishop
Gary G. Cline
John T. Sawyer
Don E. Wickstrom
King County Water
District No. 105
King County Water
District No. 111
King County Water
District No. 124
City of Kent
VI I. DISTRIBUTIONS IN DISSOLUTION. In the event of par-
t ial or complete termination of this agreement, all obliga-
tions incurred to that date shall be paid in full. Any
remaining monies hald by the Regional Association shall be
distributed to the parties hereto in the proporation that
said monies were contributed. Any property or other assets
owned or held by the Regional Association shall be disposed
of on the best prices immediately available to the Board of
Directors of said Regional Association, and the proceeds
shall be distributed to the parties hereto in the same manner
as other money. Provided, however, that if any assets or
property desired by any of the parties hereto, shall have
the first option to purchase the same. In any event, the
Board of Directors shall have no liability whatsoever in
respect to any sale price, so long as it acted in good
faith.
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REGIONAL WATER ASSOCIATION OF SOUTH KING
AGREEMENT FOR
INTERGOVERNMENTAL COOPERATION
CONCERNING
WATER RESOURCES APR 1 4 198?
April 1, 1982
RECITALS:
1. WHEREAS chapter 39.34 of the Revised Code of Washington
permits governmental bodies to enter into agreements for
joint or cooperative action, and to thereby make the most
efficient use of their powers by cooperating to provide
services and facilities which accord best with geographic,
economic, population and other factors influencing their
needs and development; and
2. WHEREAS, said statutes provide that any power, privilege
or authority held by any one governmental body may be
exercised jointly with any other governmental body having
the same powers, privilege or authority; and
3. WHEREAS the governmental bodies who are signatory to
this agreement believe that regional planning for water
sources and transmission, and sharing the cost thereof
are in their best interest, and in the best interest of
their citizens; now, therefore
AGREEMENTS:
IT IS AGREED by and between the governmental bodies ("the
Parties") signatory hereto, as follows:
1. Immediate Purpose. The initial and immediate purpose of
th1s agreement 1s to allow the the parties to jointly
survey and inventory existing ground and surface water
sources available in their service regions. This study
is more particularly described in the "Scope of Services,
Feasibility Study -Phase I" attached hereto.
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2. Long Range Purposes. The parties are not committed
to any joint or cooperative action other then the above
short range purpose. Any legal commitment beyond the
short range purpose, will require an amendment hereto,
and separate agreement by the parties.
However, the parties recognize that at the present time
some of them face immediate water source problems and
that, in the long run, growth in their respective areas
will not stop. Their present water sources face serious
long range problems. Additional sources must ,be develop-
ed, and a means must be found to inter-tie these water
supply systems, in order to transmit present and future
water supplies to each of the parties. The parties must
also explore joining with other governmental bodies
and/or water suppliers to develop new water sources.
Also, the parties must explore and develop a method of
financing the development of new water sources.
3. Duration. This agreement shall extend for so long as is
necessary to accomplish and complete the above short
range purpose and thereafter any future purposes which
the parties shall agree to.
4. Organization. The parties shall form a nonprofit corpora-
tlon to conduct and accomplish the purposes of this
agreement. Said corporation shall be formed under Chapter
24.03 of the Revised Code of Washington, and the membership
shall be limited solely to the present and/or any future
parties hereto. Said corporation shall be named the
"Regional Water Association of South King County" (the
"Regional Association").
The Board of Directors of the "Regional Association"
shall consist of one representative from each of the
parties hereto. Other terms and conditions of the organ-
ization of the Regional Association shall be as set
forth in its Articles of Incorporation attached hereto.
5. Delegation of Authority. Initially, the parties hereto
delegate to the above Regional Association the authority
to contract for and accomplish the study set forth in
paragraph 1 of this agreement. The cost of said study
has been established as $55,000.00 including the engineer-
ing, legal and financial services described in the attach-
ed "Scope of Services".
The cost of said study shall be borne by the parties in
proportion to each of their 1981 Peak Water Consumptions
(in cubic feet), but not less then $8,000.00 nor more
then $16,000.00 shall be paid by any one of the parties
unless additional parties shall join in this agreement
( and/or agree, to bear a share of said cose. In the event
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that additional parties join in said study, then the fore-
going minimum and maximum contributions shall be adjusted,
accordingly.
If, in the future, any additional governmental bodies shall
become parties to this agreement, then they shall, as a
condition to joining, be required to pay a proportionate
share of any monies theretofor expended by the parties hereto
on any short range or long range purposes, plus an amount
equal to the Seattle Area Consumer Price Index (all items)
increase since the date of this agreement. ·
Each of the parties shall pay its share of the cost of the study
in a lump sum by April 10, 1982; or will divide its share of
the cost by five and pay the same to the Regional Association
in equal monthly installments, before the lOth day of each
month, commencing with the month of April, 1982.
6. Budget. For the present time, the above study cost and
the above method of payment of the same shall constitute
the budget for the Regional Association. Before any
future purposes are agreed to, the parties shall establish
a budget for the same.
7. Audit. The Water Association shall, pursuant to RCW
39.34.030(3){b), be subject to state audit in the manner
provided by law for the auditing of public funds.
8. Termination. In the event of partial or complete termina-
t1on of th1s agreement, all obligations incurred to that
date shall be paid in full. Any remaining monies held by
the Regional Association shall be distributed to the
parties hereto in the proporation that said monies were
contributed. Any property or other assets owned or held
by the Regional Association shall be disposed of on the
best prices immediately available to the Board of Directors
of said Regional Association, and the proceeds shall be dis-
tributed to the parties hereto in the same manner as
other money. Provided, however, that if any assets or
property desired by any of the parties hereto, shall have
the first option to purchase the same. In any event,
the Board of Directors shall have no liability whatsoever
in respect to any sale price, so long as it acted in good
faith.
9. Effective Date/Filing. This agreement shall be effective
as of the above date provided that copies of it shall
have been filed with the Kent City Clerk, King County
Comptroller and the Secretary of State of the State of
Washington, pursuant to RCW 39.34.040. A copy shall also
be furnished to the State Auditors Office.
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At the present time, this agreement does not cover any
matters set forth in RCW 39.34.120, and therefore copies
of the same need not be filed with the 'State of Washington's
Office of Community Affairs. However, in the event that this
agreement shall be amended in the future to include any
matters related to land use planning, air or water
pollution, zoning, building or housing codes, or any
other matter then included in said statute, a copy
of this agreement shall be filed with said Office at
such time in advance of its effective date as shall then
be provided by statute. •
10. Additional Parties. The term "parties" or "parties
hereto" shall, at any time, mean all of the initial
parties hereto and any parties who shall become signatory
hereafter, except as any party shall have withdrawn
from this agreement.
11. Withdrawal. Any party may withdraw from this
agreement at any time. A withdrawing party
shall, however, remain liable for its propor-
tionate share of any financial or other commitment(s)
made
by the Regional Association, pursuant to this agreement,
prior to such withdrawal.
12. Amendment. This agreement may be amended at any time by
the written consent of all of the parties hereto.
DATED as of the date set forth above.
City q' Kent Water District 105, King County
BYM/kf?' BY~4 lfs Pies Iel1t
Water District 111, King County
r--...,, ·,,
b~·'
.ts· .
~'later King County
SCW/jl/2 -4-3/J./82
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SCOPE OF SERVICES
FEASIBILITY STUDY -PHASE I
REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY
1. Coordinate the work with the Association officials.
2. Survey agencies to determine:
Existing Sources -description, location and capacity
Number of Services -size and type
Annual Use in 1981
Peak and minimum daily demand each of last 3 years.
3. Examine published reports to estimate potential capacity of existing and
potential sources.
4. Inventory existing water rights at Department of Ecology.
5. Prepare map showing location of water suppliers and pressure zones.
6. Identify possible interties for emergency supply and/or transport of
water between suppliers.
7. Identify and summarize_needs for next 10 and 50 years utilizing compre-
hensive plans from suppliers.
8. Develop and analyze water supply alternatives (Seattle and Tacoma
included) for medium-range supply considering the following factors:
9.
10.
o System requirements
o Environmental concerns
o Cost estimate and unit cost of water
o Cost effectiveness of alternatives
Determine priority and comparison of alternatives so selection of
recommended alternative can be made.
Provide coordination of geotechnical, legal and financial services
subconsultants.
o Geotechnical subcontract to include analysis of existing
information regarding soils and subsurface investigations
to assist in selection of recommended alternative.
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o Legal Subcontract to Include:
a) Recommendation for permanent organizational
structure
b) Preparation of resolutions and ordinances
c) Review of permit process
o Financial subcontract to include:
a) Financial feasibility
b) Identify financing alternatives
11. Prepare report summarizing findings, provide the Association members
with 5 copies each of the completed report and submit copies to State
and local regulatory agencies.
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VIII. BYLAWS AND INTEffi~AL REGULATION: The power to adopt and
amend Bylaws for the corporation, shall be vested exclusively in
the Board of Directors.
XI. COMMITTEES: The Board of Directors, by resolution
adopted by a majority of the Directors, may designate and
appoint an Executive and/or other committees, each of which
shall consist of two or more Directors, and which Committees,
to the extent provided in the Resolution, or in the Bylaws of
the corporation, shall have and exercise the authority of the
Board of Directors in the management of the corporation, within
any limitations provided by law.
X. IV.LEMBERSHIP:
Membership in tnis corporation is limited to those qovernmental
bodies who have signed and are participants in the Inter-Govern-
mental Cooperation Agreement referred to in Section III herein
above. Each such governmental body shall be entitled to cast
a single vote in the election of Directors and on other matters
coming before the membership. No member shall be entitled to
cumulatively vote in the election of Directors. The manner of
casting said votes, including in person, by proxy or mail, and
other matters related to membership, shall be as established,
from time to time, in the Bylaws of the Corporation.
DATED as of the lOth day of March, 1982.
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I, S+e~L.e 11... ~ , t.O&.--ho vt , ~notary public do hereby
state th t on thlS 12th.. day of ih!flS!t;-1982, personally appeared
before me Richard L. B1shop, , Gary G. Cline, John
M. Sawyer and Donald Hickstrom who, being by me first duly
sworn, declared that they are the Incorporators of the Regional
Water Association of South King County, that they signed the
foregoing document as the free and voluntary act of the
ation and that the statements the in contained are tr
at
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