HomeMy WebLinkAboutres1986-0521
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INTRODUCED BY: WARNER
PROPOSED BY: — CQu.nty_..
DATE: 11 6/86
RESOLUTION NO. 86 -52
A RESOLUTION FOR THE PURPOSE OF ENTERING
INTO AN INTERLOCAL AGREEMENT FOR PROFESSIONAL
SERVICES AND APPOINTING A DESIGNEE TO
SERVE ON THE WASHINGTON STATE COUNTY
TRUST BENEFICIARIES ASSOCIATION.
WHEREAS, Whatcom County, like many other counties
in the state, has, pursuant to RCW 76.12.030, transferred
County forest land to the State of Washington to be held
lin trust by the State; and,
WHEREAS, the proceeds from the management of these
lands go to the various grantor counties, after deducting
administrative expenses pursuant to RCW 76.12.030 (1), (2);
and,
WHEREAS, it has been requested that Whatcom County:
1.) appoint a designee to become a member of the Washington
State County Trust Beneficiaries Association; and, 2.) enter
into an Interlocal Agreement (a copy of which is attached
hereto as Exhibit "A" and incorporated herein by reference),
to employ private counsel to examine generally how well the
State has managed the trust and, specifically, those obligations
expressed in the Interlocal Agreement; and,
WHEREAS, such an examination, pursuant to Interlocal
Agreement would be a desirable thing to do.
- Resolution - 1.
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NOW, THEREFORE, BE IT RESOLVED by the Whatcom County
Council that the Whatcom County Executive shall have authority
to enter into an Interlocal Agreement for Professional Services
as indicated above, and that Shirley Van Zanten, Executive
is hereby apointed as Council's designee to serve as a member
of the Washington State County Trust Beneficiaries Association.
DATED this 6th day of November , 1986.
ATTEST:
CAROL EBERGSON
Clerk of the CounC4
APPROVED AS TO FORM:
TERRANCE G. LEWIS
Civil Deputy Prosecuting
Attorney
- Resolution - 2.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ol
WILLIAM P. ROEHL
VICE CHAIRMAN
:rn:
.;xhibit "A"
to Resolution 86 -52
INTER -LOCAL AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, entered into on the dates indicated
opposite the signators of the respective parties, is made pursuant
to RCW 39.34.030.
The parties to this agreement are various counties who
have previously transferred lands to the State of Washington
pursuant to RCW 76.12.030 and for whom the State now holds said
lands as their trustee.
THERE IS HEREBY CREATED an association of county trust
beneficiaries to be known as the WASRINGTON STATE COUNTY TRUST
BENEFICIARIES ASSOCIATION, hereinafter referred to as the
"Association ". The Association shall consist of one (1) member (or
a designee) from the legislative body of each county indicating
their desire to be a member of the Association by being a signator
to this agreement; provided, each such county shall first have
adopted a resolution or ordinance authorizing membership in the
Association.
The purpose of each of the undersigned in entering into
this agreement is to create an entity comprised of trust
beneficiary counties who are similarly affected by the actions or
inactions of the State of Washington, their trustee. The
Association shall have the responsibility of enforcing the rights
of the beneficiaries of the various county trusts. In so doing,
the Association shall retain private counsel for the purpose of
obtaining an opinion as to the availability of equitable relief in
the form of a court supervised accounting by the State to the
beneficiaries and a declaratory judgment as to the duties of a
public trustee, and further defining the legal relationship
between the trust beneficiaries and the State, all in accordance
with the responsibilities of the legislative authority of each
member beneficiary pursuant to RCW 36.32.120(5)(6). In the event
Inter -Local Agreement For
Professional Services - Page 1
that the opinion advises the Association that an equitable action
in court is both advisable and necessary, the Association.shall
call a meeting and approve or disapprove of the taking of such
action prior to any such action being commenced. Provided, that
only those counties who approve with the taking of such action
shall be charged a proportionate share of the expenses of any such
action.
This agreement shall remain in full force and effect for
three (3) years unless terminated sooner. This agreement may be
terminated, or extended, in the same manner and in accordance with
the same formalities that were adhered to in adopting said
agreement. PROVIDED, any county that wishes to terminate said
agreement shall first pay its pro -rata share of all costs incurred
to the date of termination.
The Association, in employing legal counsel, is authorized
to pay for said services and each member county shall be
responsible to share in the cost of said legal services in
accordance with the following formula; provided that the total of
said costs to all counties shall not exceed $15,000.00 without an
addendum to this agreement being executed by all parties to be
bound.
FORMULA: 1 /4th, based on the number of
counties involved. If all 21
counties are parties, then
each county would pay 1/21 x
25% of the total costs.
1 /4th, based on the percentage
of default monies that each
county has as it relates to
the total amount of default
monies.
1 /4th, based on the trust
acres each county has as it
relates to the total trust
acres in the trust.
Inter -Local Agreement For
Professional Services - Page 2
... . , :.{
1 /4th, based on the average
revenue each county received
from trust lands over the past
five (5) years, 1980 thru
1985, as that percentage of
revenue relates to the total
revenue distributed to all
counties from the trusts.
All
expenditures
shall be vouchered
from a fund
established
in the County
Treasurer's Office
of the county
designated as
administrator
of the fund pursuant to
RCW 43.09.285.
IN WITNESS WHEREOF the parties hereto have executed this
agreement as of the date signified.
DATED this day of
ATTEST:
CAROL EBERGSON
Clerk of the Council
APPROVED AS TO FORM:
JST
TERRANCE G. LEWIS
Deputy Prosecuting Attorney
Inter -Local Agreement For
Professional Services - Page 3
, 1986.
SHIRLEY VAN ZANTEN
County Executive
Council's Designee