HomeMy WebLinkAboutContract CAG-09-046
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
TABLE OF CONTENTS
Page
ARTICLE I NAME AND AUTHORITY SEAL................................................................. 1
ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY............ 1
Sectionl. 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
ARTICLEV POWERS OF AUTHORITY........................................................................... 3
ARTICLE VI LIMITS ON AUTHORITY POWERS ............................................................ 4
ARTICLE VII ORGANIZATION OF AUTHORITY............................................................. 5
Section 1. Board of Directors and Tenure ..................................................... 5
Section 2. Board Concurrence and Quorum Defined.................................... 5
Section 3. Right to Indemnification............................................................... 6
Section 4. Conflict of Interest and Code of Ethics ........................................ 6
ARTICLE VIII OFFICERS OF AUTHORITY......................................................................... 6
Section 1. Officers and Division of Duties.................................................... 6
Section2. Committees................................................................................... 7
ARTICLE IX COMMENCEMENT OF AUTHORITY......................................................... 7
ARTICLEX BYLAWS......................................................................................................... 7
ARTICLE XI MEETINGS OF THE AUTHORITY............................................................... 7
Section 1. Time and Place of Meetings......................................................... 7
Section 2. Notice of Meetings ....................................................................... 7
Section 3. Notice of Special Board Meetings................................................ 8
Section 4. Waiver o,f Notice .......................................................................... 8
Section 5. Notice to City Council.................................................................. 8
Section 6. Open Public Meetings .................................................................. 8
Section 7. Telephonic Participation............................................................... 9
Section 8. Parliamentary Authority ............................................................... 9
Section9. Minutes......................................................................................... 9
ARTICLEXII CONSTITUENCY........................................................................................... 9
ARTICLE XIII AMENDMENTS TO CHARTER AND BYLAWS........................................ 9
Section 1. Proposals to Amend Charter and Bylaws..................................... 9
Section 2. Proposals Initiated by the Board................................................... 9
Section 3. Board Consideration of Proposed Amendments......................... 10
Section 4. Vote Required for Amendments to Charter or Bylaws............... 10
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Section 5. City Council Approval of Proposed Charter Amendments........ 10
ARTICLE XIV MISCELLANEOUS....................................................................................... 10
Section 1. Geographic Limitation................................................................ 10
Section 2. Safeguarding'of Funds................................................................ 11
Section3. Public Records............................................................................ 11
Section 4. Reports and Information; Audits................................................ 11
Section 5. Dissolution.................................................................................. 11
Section 6. Nondiscrimination...................................................................... 12
Section 7. Nonexclusive Charter................................................................. 12
ARTICLE XV APPROVAL OF CHARTER......................................................................... 12
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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. 5444 of the City of Renton, Washington,
passed on February 2, 2009 (the "Ordinance"). Formation of the Authority was approved by
Ordinance No. 6224 of the City of Auburn, passed on January 20, 2009, Ordinance No. 1450 of
r inance No. 09-602 of the Cit of
the City of Des Momes, passed on December 22, 2008, O d y
Federal Way, passed on February 17, 2009, Ordinance No. 2223 of the City of Tukwila, passed
on January 20, 2009, Ordinance No. 504 of the City of Burien, passed on January 12, 2009, and
Ordinance No. 09-1001 of the City of SeaTac, passed on January 13, 2009.
� 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 terms, 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. 5444 of the City
of Renton, Washington adopted on February 2, 2009, and approved
by Ordinance No. 6224 of the City of Auburn, passed on
January 20, 2009, Ordinance No. 1450 of the City of Des Moines,
passed on December 22, 2008, Ordinance No. 09-602 of the City
of Federal Way, passed on February 17, 2009, Ordinance No. 2223
of the City of Tukwila, passed on January 20, 2009, Ordinance
No. 504 of the City of Burien, passed on January 12, 2009, and
Ordinance No. 09-1001 of the City of SeaTac, passed on
January 13, 2009, 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, Auburri, Des Moiries, 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.
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ARTICLE III
DURATION OF AUTHORITY
The duration of this corporation shall be perpetual.
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� ARTIC�.E 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
i n f th ublic health safet and welfare. The u ose of the Authori is to rovide
preservat o o e p , y p rp ty p
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 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 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.
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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 former Board Member ar 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
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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
activit as lon as such ain is not the ob'ect or u ose of the Authorit 's transactions
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or activities and is applied to or �expe'nded 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 VII
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 5 of the Interlocal Agreement,
including all amendments, shall act ex offrcio as the Board of the Authority. Board Members
shall have terms coextensive with their terms as members of the SCORE Administrative Board.
Section 2. Board Concurrence and Quorum De�ned. `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 must be
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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 Indemni�cation.
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 information 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
OFFICER3 O�F 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
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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 �I�
The Authority shall commence its existence effective upon the issuance of its Charter as I
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
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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
re uestin it in writin . The call and notice of all s ecial meetin s shall s eci the time and
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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 XIII of this Charter
concerning proposed amendments to tliis 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 permanent and ad hoc committee
meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board
and committees ma hold executive sessions to consider matters enumerated in chapter 42.30
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RCW or privileged matters recognized by law, and shall enter the cause therefor in its official
journal. Notice of ineetings shall be given in a manner consistent with the Ordinance and
chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of ineetings to
an individual s ecificall re uestin it in writin . At such meetings, any person shall have a
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reasonable o ortunit to address the Board,either orall or b written petition.
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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.
Co ies of the minutes of all re ular or s ecial meetin s of the Board shall be available to
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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 XIII
AMENDMENTS 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 format 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.
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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"supermajority 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
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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.
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 financial records, and shall
permit 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 anc� 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.
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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 mental,
physical or sensory impairment. 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 mental, physical or sensory impairment. 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 mental,
physical or sensory impairment. • �� �
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 No. 5444 adopted by the City
Council of the City of Renton, Washington on February 2, 2009; Ordinance No. 09-602 adopted ,
by the City Council of the City of Federal Way, Washington on February 17, 2009; Ordinance '
No. 6224 adopted by the City Council of the City of Auburn, Washington on January 20, 2009; I
Ordinance No. 1450 adopted by the City Council of the City of Des Moines, Washington on
December 22, 2008; Ordinance No. 2223 adopted by the City Council of the City of Tukwila,
Washington on January 20, 2009; Ordinance No. 504 adopted by the City Council of the City of
Burien, Washington on January 12, 2009; and Ordinance No. 09-1001 adopted by the City
Council of the City of SeaTac, Washington on January 13, 2009.
Charter- 12 P�20358_DG120358_OIY
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This Charter is APPROVED this �$ day of , 2009.
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. o : � r . � " . Ma r Denis Law, City of Renton
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ATTEST:
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City Clerk Bonnie I . Walton
Charter- 13 P�zosee_�c�osse_oiv i