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Tukwila, WA Ordinance No. 1912

Not an official copy.

CITY OF TUKWILA, WA
Ordinance No. 1912

    AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING THE FORMATION OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

      WHEREAS, pursuant to motion, this City Council has approved the Valley Com-munications Center Agreement (the "Interlocal Agreement"), to be executed between and among the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (collectively, the "Cities"), providing for consolidated emergency communications services through an enterprise known as the Valley Communications Center; and

      WHEREAS, the Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a facility for the operations of the Valley Communications Center (the "Project"); and

      WHEREAS, the Cities also are considering the formation of a public authority for the purpose of issuing and servicing bonds in order to provide for the financing of the Project; and

      WHEREAS, the City of Kent will act as the host city for the formation, subject to the approval of each of the other Cities;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Approval of formation of the Authority. Pursuant to RCW Ch. 39.34 and RCW 35.21.730 through RCW 35.21.755, the City Council of the City of Tukwila hereby approves the creation of a public authority by the City of Kent to be designated as the Valley Communications Center Development Authority (the "Authority"). The purpose of the Authority is to provide an independent legal entity under State law to finance the acquisition, construction and equipping of the Valley Communications Center through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed $12,758,000 (the "bonds"). The proposed form of ordinance to be considered by the City Council of the City of Kent, along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as Exhibits A, B and C, respectively, are hereby approved. The City Council hereby approves the formation by the City of Kent of the Authority by the approval of such ordinance, Charter and Bylaws substantially in the forms presented to this Council.

Section 2. 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 3. City contributions to operations and bonds. Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the budgeted expenses of Valley Communications Center not paid from other sources, which allocable portion shall be based on the percentage of dispatched calls attributed to each jurisdiction compared to total dispatched calls. In addition to the foregoing commitment, the Cities also will contribute in equal shares to pay debt service on the bonds, as the same shall become due and payable and to pay administrative expenses with respect to the bonds. No City shall be obligated to pay the share of any other City; the obligations of Tukwila with respect to the bonds shall be limited to its twenty percent equal allocable share of such obligations; and all such payments shall be made without regard to the payment or lack thereof by any other jurisdiction. All payments with respect to the bonds shall be made to Valley Communications Center in its capacity as administrator and servicer of the bonds to be issued by the Authority. The City of Tukwila hereby obligates and commits itself to budget for and pay its allocable share of the financial obligations represented by the bonds.

Section 4. Allocation for purposes of bank qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, Tukwila agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Cities.

Section 5. 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 6. 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 and effect five (5) days after passage and publication as provided by law.

PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 3rd day of April , 2000.

________________________________

Steven M. Mullet, Mayor

ATTEST/AUTHENTICATED:

_______________________________

Jane E. Cantu, CMC, City Clerk

APPROVED AS TO FORM:

By______________________________

Office of the City Attorney