Chapter 5.30
CONTRACTS WITH NEW ASSOCIATES
Sections:
5.30.020 Associate – Defined – Purpose.
5.30.030 Associate – Application – Approval.
5.30.040 Associate – Effective date – Participation – Limitations.
5.30.050 Associate – Dues – Limitation on liability.
5.30.060 Associate – Supply commitment – Supply development – Membership.
5.30.010 Definitions.
“Associate” means a municipal corporation meeting the requirements of this chapter that has entered into an associate contract with Cascade.
“Cascade Member” or “Member” means a member agency of Cascade.
“Ex officio” means participation without a vote.
Incorporated Definitions. The definitions contained in the Joint Municipal Utility Services Agreement are to be used to construe and interpret this chapter or the associate contract, except to the extent any such definition is expressly modified by either this chapter or the associate contract.
“Membership offer” means an offer of Membership in the Cascade Water Alliance made in the form and in the manner prescribed by the Agreement and this chapter.
“Seattle water system” means water supply and water transmission facilities owned by the city of Seattle that provide wholesale water to water purveyors located primarily in King County.
“Urban growth area” means any region designated by a county as an urban growth area under authority of Chapter 36.70A RCW, or any territory which is specifically designated as an urban growth area in that chapter.
“Water supply characterization” means the quantification and description of an associate’s current and future water supply requirements. [Res. 2012-07 § 39; Res. 2002-01 § 1].
5.30.020 Associate – Defined – Purpose.
Any municipal corporation owning and operating a water utility that provides service that has contracted with the Cascade Water Alliance to:
A. Participate with Cascade in project development activities in an advisory and consultative role;
B. Participate, ex officio, in meetings of the Board, except for executive sessions, or, when authorized by the Board, in meetings of Cascade’s standing committees;
C. Cooperate with Cascade in developing a water supply characterization for associate; and
D. Establish priority for receipt of a Membership offer from Cascade. [Res. 2012-07 § 40; Res. 2002-01 § 2].
5.30.030 Associate – Application – Approval.
A. Any qualifying municipal corporation may apply to become an associate of Cascade by submitting to the board a letter from the corporation’s chief executive and a resolution of the corporation’s legislative body requesting to be an associate.
B. An application shall be presented to the board for action at its next regularly scheduled meeting. Approval or rejection of an application shall rest with the sole discretion of the board.
C. An approved application shall not become final until Cascade and associate have entered into a contract (“the associate contract”), which is attached to the resolution codified in this chapter as Exhibit A. The board must approve any modification of the contract. [Res. 2002-01 § 3].
5.30.040 Associate – Effective date – Participation – Limitations.
A. A qualifying municipal corporation shall become an associate of the Cascade Water Alliance on the effective date of the associate’s contract; provided, that failure to pay the annual administrative dues required by this or future resolutions shall be grounds for Cascade to unilaterally rescind the contract.
B. An associate shall not be a Cascade member and shall not be a third party beneficiary of the Interlocal Agreement, unless such rights and obligations are expressly provided for in the associate contract.
C. An associate shall appoint an elected official of associate as representative to Cascade, and an alternative representative, who must be either an employee of associate or an elected official thereof. Such appointments shall be by resolution of associate’s legislative body, and the appointments shall be effective when the resolution is filed with the chief executive officer of Cascade.
D. An associate may participate, ex officio, in meetings of the board. An associate may participate, ex officio, in meetings of all standing committees, except the executive committee, and as a member of subcommittees of standing committees or special committees established by the board; provided, that the board expressly provides for associate participation. [Res. 2009-19 § 3; Res. 2002-01 § 4].
5.30.050 Associate – Dues – Limitation on liability.
A. As a condition of becoming an associate, the Board shall require payment of administrative dues, which shall be the greater of 15 percent of the administrative dues required of Members by Section 4.7 of the Agreement or $1,000. The first year’s dues shall not be prorated.
B. An associate shall have no other financial obligation to Cascade arising from this chapter or associate contract, and an associate shall assume no liability for any acts of the Board by becoming an associate. [Res. 2012-07 § 41; Res. 2002-01 § 5].
5.30.060 Associate – Supply commitment – Supply development – Membership.
A. Cascade does not make any supply commitment to an associate, except as expressly provided herein.
B. Within six months of becoming an associate, the associate shall complete, at its own expense, a Water Supply Characterization, addressing these factors:
1. Existing customer base and demand.
2. Projected growth for the next 20 years and demand associated with that growth.
3. Quantity and quality of existing supply.
4. A water rights and water rights claims analysis.
5. Capability of associate’s existing transmission and distribution system to provide for projected demands.
6. Quality, quantity and cost of water supply assets under development or being planned.
7. Cost of upgrading or integrating existing infrastructure to meet projected demand.
8. Capacity and cost of transmission and distribution facilities under development.
9. Conceptual assessment of connecting to Cascade supply source.
10. Other factors as required by the Board.
C. Whenever the Board determines, in its sole discretion, that Cascade is capable of providing a full supply commitment to an associate from water supply assets developed with an associate’s participation, the Board shall extend an offer of Membership to the associate according to the associate’s priority for Membership as previously determined. The offer shall comply with the Agreement, and will address:
1. The nature of Cascade’s supply commitment.
2. The associate’s independent supply.
3. Rates and charges.
4. Demand shares.
5. Recovery of project development costs (if any) incurred on behalf of associate.
6. The expiration date of the offer.
7. The effective date of Membership.
8. A latecomer payment (if any) to recover formation, supply development and other costs incurred by Cascade Members.
9. Other matters as determined by the Board.
D. Unless accepted by associate within 180 days of the date of the offer, the offer shall expire, and the associate contract shall terminate effective the one hundred eighty-first day.
E. The associate shall become a Member of Cascade when associate files with Cascade’s Chief Executive Officer a resolution of acceptance adopted by associate’s legislative body, an Agreement signed by the appropriate official of associate along with the resolution authorizing such signature, and a resolution appointing primary and alternative representatives to Cascade, and these are accepted by resolution of the Board.
F. Cascade retains the right to make or accept an offer of Membership in Cascade from an associate as provided in the Agreement. [Res. 2012-07 § 42; Res. 2009-19 § 3; Res. 2002-01 § 6].