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WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have each taken formal <br /> action to approve the consolidation of their respective agencies in accordance with RCW <br /> 24.03.195 and RCW 24.06.220, respectively, into a single agency to be known as <br /> Snohomish County 911 ("Snohomish County 911"), in order to provide emergency <br /> communication services on a regional basis throughout Snohomish County for <br /> participating member agencies and other public and private agencies that may contract <br /> with Snohomish County 911 for such services; and <br /> WHEREAS, substantial investigation of alternative approaches to the calculation of user <br /> fees has resulted in a fee formula which the parties agree is fair and equitable; and <br /> WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act (chapter <br /> 39.34 RCW); <br /> NOW THEREFORE, in consideration of the promises and agreements contained in this <br /> Agreement and subject to the terms and conditions set forth herein, it is mutually <br /> understood and agreed by the parties as follows: <br /> SECTION 1. CREATION OF SNOHOMISH COUNTY 911; STATUS OF <br /> MEMBERS AS OF THE CONSOLIDATION EFFECTIVE DATE. <br /> a. Creation of Snohomish County 911. Pursuant to Resolution No. 2017-02 <br /> adopted by the SNOCOM Board of Directors on October 12, 2017 and Resolution <br /> No. 2017-02 adopted by the SNOPAC Board of Directors on October 12, 2017, at least <br /> two-thirds of each Board voted in favor of consolidating SNOCOM and SNOPAC as <br /> described herein and approved a plan of consolidation ("Plan of Consolidation") as <br /> required by chapters 24.03 and 24.06 RCW. Subsequent to such approval, <br /> representatives of SNOCOM and SNOPAC have or will execute the Articles of <br /> Incorporation Due to Consolidation (the "Articles") and have or will file such Articles <br /> with the Secretary of State. As permitted by RCW 23.95.210, the effective date for the <br /> consolidation shall be January 1, 2018 (the "Consolidation Effective Date"). <br /> As of the Consolidation Effective Date: <br /> i. SNOCOM and SNOPAC shall be a single corporation to be known <br /> as "Snohomish County 911" as provided in the Articles ("Snohomish County <br /> 911"). <br /> ii. Snohomish County 911 shall be formed as a municipal <br /> instrumentality of its Principals pursuant to RCW 39.34.030 and shall be <br /> 2 <br />