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RESOLUTION NO. 18 OF 2020
(Approving Additional Member to CWC and Changes to ILA)
WHEREAS, the Central Wasatch Commission (the “CWC”) is an interlocal entity that was formed effective June 29, 2017 pursuant to the “Central Wasatch Commission Interlocal Agreement” (the “ILA”) among Salt Lake County, Salt Lake City, Sandy City and city of Cottonwood Heights; and
WHEREAS, Article X.A. of the ILA provides that the ILA may be amended from time to time upon the majority vote of all members of the CWC’s governing body (the “CWC Board”) and approval by the legislative body of each of the CWC’s then-members (the “Members”); and
WHEREAS, Article V.A. of the ILA allows additional Members to join the CWC pursuant to the process provided in Article V.B.(3) of the ILA, which requires, among other things, (a) approval by majority vote of all of the commissioners then serving on the CWC Board, and (b) approval by the legislative body of each of the then-current Members; and
WHEREAS, following the CWC’s formation, Town of Alta, City of Millcreek, and Park City joined the CWC as additional members pursuant to Article V.B.(3) of the ILA, so that as of the effective date of this resolution the CWC’s Members are Town of Alta, city of Cottonwood Heights, City of Millcreek, Park City, Salt Lake City, Salt Lake County, and Sandy City; and
WHEREAS, on March 9, 2020, pursuant to an application for CWC membership previously submitted by the newly-incorporated Town of Brighton (“Brighton”), the CWC Board enacted its Resolution 2020-12 offering CWC membership to Brighton; and
WHEREAS, further, following a discussion at its March 9, 2020 meeting, on April 6, 2020 the CWC Board enacted its Resolution 2020-14 amending Article V of the ILA (“Article V”) to, among other things, (a) establish minimum criteria for membership in the CWC; (b) establish a detailed process for admission of additional Members to the CWC; (c) allow for the inclusion of up to four non-voting, ex officio, members on the CWC Board from time to time to provide input deemed pertinent by the CWC Board to the CWC’s goals and objective; (d) eliminate the class of CWC Board members known under the current ILA as “Appointed Commissioners” (representing entities which are not Members of the CWC); and (e) establish Summit County (which is the only entity currently represented by an “Appointed Commissioner”) as a Member of the CWC, from and after full approval of such amendments to Article V (the “Amendments”); and
WHEREAS, the CWC’s attorney also has approved the form and legal compliance of the Amendments if and as required by UTAH CODE ANN. §11-13-202.5(3); and
WHEREAS, consequently, pursuant to its Resolution 2020-12 and Resolution 2020-14, the CWC Board has approved, and requested that the governing body of each of its current Members approve, (a) Brighton’s admission as a CWC Member, conditioned on Brighton’s approval and execution and delivery of a counterpart of the ILA, as amended by the Amendments, and (b) the Amendments to Article V of the ILA;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah:
That the Salt Lake City Council approves (a) the admission of Brighton as a CWC Member as provided above, and (b) the Amendments to Article V of the ILA.
Passed by the City Council of Salt Lake City, Utah, this 2nd day of June, 2020.