HomeMy WebLinkAboutCAP 2014-04-29 Item 2C - King County Property Tax Levy Agreement *14 ILA iv
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City of Tukwila
y
Jim Haggerton, Mayor
%!'< CO'
29os INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director -07,
DATE: April 23, 2014
SUBJECT: King County Parks Tax Levy
ISSUE
King County Parks Tax Levy Agreement
BACKGROUND
On August 6, 2013, King County voters overwhelmingly approved a six-year, 18.77-cent parks
property tax levy which is expected to generate $62 million in 2014. The levy, also referred to
as the Conservation Futures Tax (CFT), requires a portion of these funds be distributed to the
cities of King County for local parks and recreation system projects.
DISCUSSION
King County Ordinance 17568 (attachment A) outlines eligible expenditures of levy proceeds
and the formula used to calculate levy proceeds. Eligible expenditures can be used for local
parks systems projects and capital improvements.
The Parks Property Tax Levy Agreement (attachment B) must be executed in order for the
County to distribute levy proceeds to the City. To ensure a smooth distribution process King
County has developed this agreement which will begin once executed through 2019. The
agreement details the terms and conditions for managing and expending levy proceeds, and
annual reporting requirements.
FINANCIAL IMPACT
King County's 2014 estimate of levy proceeds for the City is $56,679.
RECOMMENDATION
The Committee is being asked to consider this item by authorizing the Mayor to enter into the
Parks Property Tax Levy Agreement with King County and forwarding to the May 5, 2014
Regular Meeting consent agent.
ATTACHMENTS
Attachment A: King County Ordinance 17568
Attachment B: Parks Property Tax Levy Agreement
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KING COUNTY' INJO i , . ,,unly Courthouse..
`.4`.4Ifk,WA 4Stcra
Signature Report
King County
April 30, 2013
Ordinance 17868
Proposed fir, 201:3-0112.3 Sponsors Phillips McDermott.
1 AN ORI)I A.NCE providing for the submission to the
2 qualified electors of King County at a special election to be
3
held in King County on August 6. 201 3. of a proposition
T. rie?a property tax levy in excess of the levy
5 limitation contained in chapter 84.55 RCW for a period of
6 six consecutive years. at a.total rate of not more than
7 $0.1877 per one thousand dollars of assessed vralr.rtition in
8 the first year with annual increases by the percentage
increase in the consumer price index or the limitation in
10 84.55 RCW. \Vhichever 1-; Lveatc.r in years two through six:.
11 for the purpose of maintaining and operating King County's
parks systena. improving parks, recreation and mobility by
13 acquiring open space and continuing, to develop regional
14 trails; repairing, replacing. and improving local parks and
15 trails in King C,ountv`s ch es: fundin',_! environmental.
education. maintenance, conservation vaiion and capital programs
17 at the Woodla.nd. Park Zoo,
STATEMENT O1= FACTS:
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Ordinance 17568
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19 l. King County ow:ua and operates a systein nfrc iuno\ and local parks
20 mndtrmi\o1ho{cooaistso[tvvuotyx(xUbousaodoorcso[parklu/zdoaodmocc
21 than one hundred seventy five miles of regional trails. The county
22 provides regional 1mi|n` rev:tonui recreational facHilies, rc.t2-tionu/ natural.
23 area parks, and local rural parks, and is the transitional provider ot local
24 parks in the tirbap unincorporated areas. Exalt:viemn[regional county
25 parks and trails include nOz9uck, Cougar Mountain Regional
26 VV\]d|o/ad Park, the Weyerhaeuser King County Aquat cCoo1eraod the
27 Somcuoonioh River Trail..
28 2. Public parks natural areas. and trails contribute to a high quality of life.
29 A robust system of parks and trails provides: physical, social and mental
30 health benefits Nindividuals; economic opportunity through recreation
31 and tourism; economic qrowth for private businesses that must attract and
32 retain sk U�d workers; and environmental benefits and cultural resource
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33 protection through open space conservation. King Countxs parks system
.34 provides all dh�sc benefits hu King County residents and.businesses,
35 S. The 2002 Parks Business Transition Plan,which was adopted by the
36 King County council, became the blueprint for establishing the regional
37 parks system we have today. The parks and recreation division, of the
38 de partinent of natural resources and parks l.ias successfully focused its
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lines of business on regional parks and trails. backcountry trails.: natural
40 ]unds, and lncal parks in unincorporated .K..iiig County and has been
41 iMp|emeohog business practices that go/aaraoe.re,onomIroou park system
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Ordinance 17568
42 assets by implementing or increasing user .Ices and establishing corporate
43 and community partnerships that enhance park amenities and leverage
41 public and private dollars to improve parks and increase access to parks.
45 'l. Consistent with the recommendations of past parks-related. task forces.
the -iJuntl has sought voter-approved levies on two prior occasions: f.n
•
47 200 3. to provide maintenance and operating .funding ti7r the parks and
48 recreation division for the period of 2004-2007:, and in 2007, to provide
49 t`un inu for maintenance and operati11g, as well as funding for open space
50 acquisition and asset maintenance and improvement. ft)r the period of
51 2008-2013. Voters approved the levies on both occasions that they were
52 on the ballot. The voter-approved levies have helped keep the parks
- system open. Glean and safe,
54, `., Approximately seventy percent of the operating budget of the parks
55 and recreation division is provided by the 2008-2013 voter-approved
56 operations and maintenance levy, with approximately seventeen percent.
57 ecner ated >hrtiugh business activities and entrepreneurial eftbrts, Kin?
58 C�'ount.x ti eneral fund support to the parks and recreation division was
59 eliminated as oI'2011,
60 6. In 2013. the 2008-201 3 voter-approved Open Space and trails Levy
61 will fund approximately Seventy-seven percent of the parks and recreation.
02 division's asset management budget.. Historically, the real estate excise
63 tax funded neatly ail of the parks and recreation division's asset
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Ordinance 17568
54 management program; however the real estate excise tax has declined 83
65 percent from 2006 to 2012.
7, The effective rate of the combined levies in 2013 is SO.133 t per one
67 thousand dollars of assessed value. A comparable effective levy rate
68 beginning in 2014 would need to be SO.1478 per one thousand dollars of
69 assessed value. Due to the loss of general funds and real estate excise tax.
70 a hiQ,lier levy rate is necessary in the future to achieve the
71 recommendations ofall the past parks task forces and the council-
72 approved parks business transition plan.
73 8. Parks leVV citizen oversight committees were established to monitor the
74 expenditures of the proceeds from the 2004-2007 and 2008-2013 levies,
75 In every year of its review, the committee has concluded that the county
76 has complied with all levy requirements.
77 9. As specified under Motion 12809.,the King County executive
73 developed and implemented an annual process to review and recommend
79 fur council approval open space projects funded by the Open Space and
8n Trails Levy through coordination with the conservation futures tax
81 program.
82 10. The King County executive convened the King County parks levy
83 task force in June 2012 to recommend a funding plan fur the current park
84 system and how to address the parks and recreation needs of King County
85 residents in the future. The task force, which met lioni June to ()ctober,
was comprised of twenty-two individuals representing till geographic ai.eas
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Ordinance 17568
87 of the county. as well as business. .business. recreation, community, and
88 cn\ironnlental interests.
89 I 1. l he task force issued a ie?t)ri in October 2012, recommending that
90 the county replace the CXniring, levies and put a ballot measure before the.
9'. voters in 201 that requests a six-year inflation-adjusted property tax .levy
92 lid lilt at a total rate of$0.1 901. per one thou sand dollars of assessed value.
The t ?sk force recommended cont.inuing to fund maintenance and
94 operations of Kitie, County's parks system. as well as biding critical
95 ii1ir.lstrl.cture repair and replacement. acquisition and stewardship a[ open
96 space. as such lands can provide for passive or acti ve recreation
97 )pportunit:icc aind/or protection of habitat and water quality-. and the
98 continued development of regional trail corridors, including strategic
99 connections between trails and transportation hubs to improve ill%il)lllt\'<
i.00 ['lug task force. also recommended providing support to King Comity's.
101 cities for local paik:s and recreation capital purposes and 10 the Woodland
dland
1.02 • Park Zoological Society {1 r education and conservation programs,
103 horticulture and maintenance, and capital improvem ents.
7..ra 12. The King County executive supports the findings and
105 recommendations of the task force and has put forth a funding proposal
l; that iS consistent with the goals and priorities ol'the task force, decreasing
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107 the rate recommended by the task force by utilizing updated forecasts for
108 real estate excise ta'x, which enabled adimoments to he made to the overall.
109 f inding assumptions.
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{J'dinanoa17GG8
110 BE ORDAINED BY THE COUNCIL OF KING COUNTY:
1I2 SECTION i Definitions. The definitions in this Section apply throughout this
11.2 ordinance unless the context clearly requires otherwise.
113 A. "Conservation futures tax program means the program delined in K.C.C.
114 chapter 26.|Z.
11I B. "[ovy" oleausthc|evyo[ccgo}nrFnopoMytaxoa, [hr (bospeci5cpmpoacm1d
l26 term provided in this ordinance and authorized by the electorate in accordance with state
117 law,
118 C. "I evv proceeds" means '(he principal principal a:mount of Rinds raised by the levy. any
1.19 interest caromur on the funds and the proceeds ui any interim financing following
120 authoriZation of the levy.
121 Limit faetor means the.ratio of the most recent June Consumer Price index
l22 m the immediately previous June Consumer Price Index., which is the final published
123 CP1-9/ Seo\U`+laconuw-Brernexton' ascavuim«d hv1hc United Slates Bureau oh'Labor
124 Statistics, or its successo , exyncaaed as a.multiple of one hundred percent to achieve the
125 result of one hundred percent plus inflation, or the. limitation rdntaincd in chapter 84.55
' 126 whichever is ureater.
127 ' E. "Parks system" means any budding or other structui'c park, space.
1.28 ooiur:i urrx. resource or ecological land, trail, or other property owned or Otherwise
129 under the jurisdiction u[|hoparks and recreation division nf the dcporUncn( o[natural
130 resources and parks.
131 F. "Recreation grant pnmttzurn" means }hr community partnerships and grants
132 program through which King County provides |uads K` o:cocruinn-ndeoLcc groups, sports
. . �����_� �������� ��������������������_� �� . � ���
3 2
Ordinance 17568
133 associations and community-based organizations to undertake any combination of
134 developing.operating or maintaining a pubic park or recreation facility or program in
135 King county l`iir pubic benelit.
136 SE( il()N 2. l,.:evv stibniittal fo voters. To provide necessary funds for the
137 purposes identified in section 4 of this ordinance. the King County council shall submit to
138 the qualified electors of the county a proposition authorizing a regular property tax levy
139 in excoss of the levy limitation contained in chapter 84.55 RCW for sip consecutive
140 years. Milli collection commencing in 2014. at a rate not to exceed SO.1 l^7 per one
141 thousa nd dollars';. of assessed value in the f i r s t year of the levy period, I n accordance xviih
42 R(..W 84.55.050,this levy shall be a regular properly tax levy subject to the limit factor.
143 ` L HON 3, Deposit of levy proceeds. `lhe levy proceeds•.ht,ill be dLpos iLd
144 inw is dedicated subftmci of the parks and recreation lurid, or its successor.
1615 SECTION l ION 4 l:li i!ale expenditures. If approved by the electors of the
146 county, levy proceeds shall be used for the following purposes:
147 A. Forty-seven percent for maintenance and operations of King (,ounl)'s parks
148 system, of which no more than one and three tenths percent of total lever proceeds is for
1.49 the recreation grant progra t;
150 Thirty-nine percent: for:
131 1 . Acquisition. conservation and stewardship of additional open space lands.
1..52 ran oral areas. resource or ecological lands.
153 2. Acquisition and development. of rights of ways fbr regional trails:
154 ;1J1 11111' ntainienance repair. replacement and improvement of parks system
155 inlirastrue_rurc:. and
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Ordinance 17568
156 1, i,)eveloprneni of trnilhcad ibcilitics to increase access to parks and trails;
157 C. If the county council, in its sole discr .tion, finds that annual revenues from the
158 real estate excise tai: 1 and real estate excise lax 2 from the real estate excise taxes
159 imposed under K.C,.t;:'. 4A.51.1.00 and 4A.510.120 have increased sufficiently that the
160 levy amount needed for the purposes identified in subsection 13, of this section should be
1,61 reduced, it may reduce the a?ti.ival. dollar amount levied for the parks levy based on this
162 finding and the entire dollar amount of the reduction in the levy proceeds or that year
163 shall be allocated solely to the distribution of levy proceeds fur the purposes set furl h in
1.154 Subsection 13. of his section. Such annual reduction shall not limit the alit of the
1.65 council to . .v■tt in any future year without such reduction or to modify the distribution of
166 levy proceeds levied in any future year:
167 I7. Seven percent for distribution to cities in King County for their local parks
1611 system projects, of which amount fifty percent:shall i.e. distributed based on.city
169 population and fifty percent shall be distributed based on the assessed value of parcels
170 within a city
171 N. Seven percent for distribution 10 the Woodland Park 'Zoological Society for:
172 environmental education with emphasis on accessibility 10 traditionally und.crservcd
173 populations throughout the county: horticulture and maintenance of buildings and
174 erounds: conservation and animal care for tare_ threatened or endantze ed Pacific
175 Northwest species: and board-approved capital projects/campaigns in existence as of
175 Weembk:r 31. 012_ and
171 H 01.the proceeds designated Ibr distribution to Kind) County cities and the
t. 8 Woodland. Park Zoological Society, a portion shall be retuned by the county to be used
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'Ordinance 17568
179 lirr expenditures related do administration or the distribution of ley proceeds, T igihle
150 administrative expenditures shall include all costs and charge s to the 1uitk< and recreation
_.8. - ., county i i -s . listed.3 i
i�,.1 division l.a �:�a' ii7C. C.o ul.lt.\' associated 1�-1T11. o]'attributable`dht<'.. tC} itac purposes iltit.:.is t7l >t}h1CC.'lOra..'7
1,82. I.)_ and h. of this section of this ordinance, Consistent with SICi`'+= 84.5$ 050. as it may he
183 amended. levy proceeds may 001 supplant existing hind ing.
184 SECTION 5 Call for special election. In accordance with RC \\ 29A.04.321,
185 the 1< ini? t..'ounty' council hereby calls for a a special islcdinn to be held in conjunction with
185 'lac'. 1x:lnla ',' election on Au:2us1 6. 201.3, to .consider a proposition authorizing a r gular
187 propert?' tax levy for the purposes described in this ordinance. The. King County director
188 of elections shall cause: notice to be `i, e;. of this ordinance in accordance with the state
189 constitution and general law and to submit to the aualiiied cic lor's r?; the county, at the
190 said special county election, the proposition hereinafter set forth... The clerk of.the council
191 shadI certi fy that proposition to the King C'tiunly director of elections in substantially the
192 'following form:
1 93 The King County council has passed Ordinance concerning funding, for
194 parks, trails. recreational faci.liiies and open space. I bi.s proposii:i<:hn '0nat.ld replace. two
195 expiring levies and find.maintenance and operations oi'the King County parks system:
196 trails and open space for recreation_ habitat and water quality:. city parks: and zoo
197 programs. all subject to citizen oversight,. This proposition authorizes an additional.
198 property tax of%i),I277 per 51.00(1 ol'assesseed value for collection in 2014 and
199 authorizes increases-by the annual percentage eliwig.e in the C'P1 or the limitation in 84.55
200 RC'PC whichever is greaai.er, for five succeeding ti ears. Should this proposition be:
201 Approved?
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Ordinance. 17588
202 Rejected?
203 SECTJ Distributions. Each distribution of levy proceeds to a King County
204 city or to the Woodland Park Zoological Socict-y•. or its successor. I'm the eligible
205 purposes identified in section 4 of ibis ordinance shall be subject to the execution of a
206 contract between the county and each entity for the same project. Distribution of levy
207 proceeds to King County for open space acquisition purposes shall he in accordance with
208 the annual conservation futures tax process for the development, review and
209 recommenclation to the King County council as set forth in the open space and natural
210 !ands acquisition process which is included as Attachment A to this ordinance.
211 SECTION 7. Parks levy citizen oycrsight board established,
21.2 A lithe proposition in section 5 of this ordinance is approved by the qualified
213 electors of King County, a parks levy citizen oversight board shall he appointed by the
214 executive, 'the board shall consist of nine members. Each councihnemher shall
215 nominate a candidate for the board from the councilmember's district no later than ninety
216 days front the.start of the first year of collections. 11'the executive does riot appoint
217 within sixty days of the nominations a person who has been nominated by a
218 counctimember, the executive must request that the couneilmember should within thirty
219 days of the request nominate another candidate for appointment. Members shall be
22.0 cont.-limed by the council. Members shall he residents of King County and may not be
221 elected or appointed officials of any unit olgovernm.ent. except that citizens servini!, in a
222 civic capacity on a local board or commission would he eligible to serve on the parks
223 • levy citizen Oversight board,
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Orcarrinc1„ 175168
7.24 The board shall review The allocation of levy proceeds and progress c>n
225 achieving the purposes of this proposition. The report shall include information on the
226 t ttus or addressing maintenance needs and controlling, noxious weeds in King County's
227 parks system.tem. On or before December 31. 2015.the board shall review and report to the
223 Kin,u (.2otinty executive. the King County council and the regional policy committee on
22.9 the expenditure of levy proceeds for 2014. '[hereafter, the board shall review and report
230 to the King g Count: executive. the. King County council and the regional policy
231 committee annually. Anv report to the King County council tinder this section shall be
232 lai.ade in the ltu'nt of a paper original and an electronic copy with the clerk of the c.ouncii_
233 who shall retain the original and provide an electronic copy to all councilinenthers, The
234 parks and recreation division shall provide, the hoard with all reports on division activities
235 lien the division transmits to the King Count}' council in accordance with K.C.C. .
236 7.08.090. The board expires December° 31. 202.0.
237 SECTION 8, Ratification. Certification of the proposition by the clerk, of the
238 King, County council to the director of elections in accordance with law before the
239 eleul 4nt on August 6. 2013, and any other acts consistent with the authority and before
240 the effective date of this ordinance are hereby ratified and confirmed.
241: S I°C IlC)l� e}: Severability. If any provision of this ordinance is held invalid, the
11.
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Ordinance 17568
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242 remainder of the ordinance or the application of the provision to other persons or
243 circumstances is not affected.
244
Ordinance 17568 was introduced on 2/25/2013 and passed as amended by the
Metropolitan King. County Council on 4/29/2013, by the following vote:
Yes: 7 -Mr. Phillips, Mr. on R.eichbauer, Mr. Gossett, Ms. Hagne,
Ms, Patterson, Mr. McDermott and Mr. Dembowski
No: 2 - Ms. Lambert and Mr. Dunn
Excused: 0
KING COUNTY COUNCIL
KING COUNTY. WASHINGTON
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.....rty Gossett,Chair „,.> •
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ATI•ST: ........
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Anne Noris. Clerk of the Council
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APPROVED this \ day of 4. ., 1\.\\ , 2013. „._... ,....„0
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Attachments: A. (.)pen Space. Lind Natural Lands Acquisition
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ATTACHMENT A
17568
OPEN SPACE AND NATURAL LANDS ACQUISITION
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The overall approach for funding allocation and coordination with the Conservation
Futures Tax (OFT) program for the acquisition of open space and natural lands through
the countywide parks levy is proposed as follows:
1. Early each calendar year, the Department of Natural Resources and Parks
(DNRP) will set a proposed allocation for open space from levy funds for the
following fiscal year.
2. Staff will generate proposals for the use of these funds, taking into account
opportunities to leverage resources with funding from Conservation Futures, as
well as from other local, state, and federal funding sources.
3. An overall proposal allocating the open space funds to specific projects will be
developed and discussed with the Citizens Oversight Committee (COC) that is
responsible for developing OFT funding recommendations. These discussions
are expected to occur in the spring, during the same time frame during which the
COO annually reviews OFT project proposals. This will create an opportunity for
the COO to provide an advisory recommendation regarding allocation of these
parks levy funds.
4. Taking the COC's recommendations into account, DNRP will develop a proposed
budget for these parks levy funds.
5. The DNRP proposed budget for parks levy funding will be reviewed by the
County Executive, and ultimately County Council, as part of the overall budget
process for the following year.
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PARKS PROPERTY TAX LEVY AGREEMENT
between
KING COUNTY & (CITY)
This Parks Property Tax Levy Agreement(the "Agreement") is made and entered into as of
, 2014, by and between KING COUNTY, a political subdivision of the state of
Washington (the "County") and the City of , a State of Washington
municipal corporation ("CITY").
RECITALS
A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres
of regional parks and open spaces and over one hundred seventy-five (175) miles of regional
trails. In addition, the County is the provider of local parks in the rural area and is the
transitional provider of local parks in the urban incorporated areas.
B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the
County Executive and County Council,the County's Parks and Recreation Division has
focused on managing a system of regional parks, open spaces and trails and a limited set of
regional active recreation assets.
C. Consistent with its role as a regional and local rural service provider under Countywide
Planning Policies and the State Growth Management Act, the County has divested itself of
local parks and facilities in urban unincorporated areas as these areas incorporate or annex to
cities.
D. In November 2006, the County Executive created the Parks Futures Task Force to
recommend a funding plan for the current County park system, and to examine what steps
should be taken, if any, regarding future park system acquisitions.
E. In June of 2012, the County Executive convened the King County Parks Levy Task Force to
recommend a funding plan for the current park system and to examine how to address the
parks and recreation needs of King County residents in the future.
F. The King County Parks Levy Task Force recommended that the County replace the expiring
levies and put a ballot measure before the voters in 2013 that requests a six-year inflation
adjusted property tax levy lift at a total rate of$0.1901 per one thousand dollars of assessed
value with a percentage of the levy proceeds to be distributed to cities for their local parks
system projects.
G. On April 30, 2013, the King County Council adopted Ordinance 17568 which called for a
special election in accordance with RCW 29A.04.321 to authorize an additional 6-year
property tax levy for specified park purposes..
H. On August 6, 2013, King County voters approved Proposition No. 1 Parks Levy that
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authorized an additional six year property tax levy at a rate of$0.1877 in the first year, with
subsequent levies adjusted by inflation for the purpose of: maintaining and operating King
County's parks system, improving parks, recreation and mobility by acquiring open space,
expanding park and recreation opportunities, continuing to develop regional trails; repairing,
replacing, and improving local parks and trails in King County's cities; and funding
environmental educations, maintenance, conservation, and capital programs at the Woodland
Park Zoo.
NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1.1 Definitions. As used in this Agreement, the following terms shall have the following
meanings:
A. "Annual Report" shall mean the annual report prepared by the CITY and provided to
the County annually by May 1 beginning in 2015 setting forth a summary of city
projects for the preceding year, along with a complete financial accounting for the use
of County Levy Proceeds, and a listing of all capital investments made at the CITY
funded in whole or in part by County Levy Proceeds, and for the 2015 annual report
the CITY shall identify the dollar amount of the CITY's Existing Funds.
B. "CITY" shall mean the City of , State of Washington, and all
of its boards, commissions, departments, agencies and other subdivisions.
C. "CITY Proceeds" shall mean seven percent(7%) of the total County Levy Proceeds
collected by King County and any interest earnings on these funds
D. "CITY Projects" shall mean the City's local park system projects consistent with
Ordinance 17568.
E. "County" shall mean King County, State of Washington, and all of its boards,
commissions, departments, agencies and other subdivisions.
F. "County Council" shall mean the County Council of King County, State of
Washington.
G. "County Levy" means the annual King County property tax levy for park purposes
imposed by the King County Council and authorized by Proposition No. 1 Parks Levy
that was approved by the County voters on August 6, 2013 that replaced two levies
expiring at the end of 2013.
H. "County Levy Proceeds" shall mean the principal amount of the County Levy
collected by the County.
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I. "Executive" shall mean the King County Executive or his or her functional successor.
J. "Existing funds" shall have the meaning, as defined by RCW 84.55.050.
K. "Regional trail system" shall mean the system-wide non-motorized network of •
designated off-road, shared-use paths, trails, or greenways for recreation and regional
mobility.
2. Term of Agreement. The term of this Agreement(the "Term") shall be for a period
commencing on the Effective Date (the "Commencement Date"), and expiring on
December 31, 2019 (the "Termination Date").
3. Receipt of County Levy Proceeds.
A. Generally. Each year the County shall distribute the CITY's proportionate share of
the CITY Proceeds to the CITY as authorized by Ordinance 17568, subject to Council
appropriation.
B. Receipt and Distribution of Levy Proceeds.
1. Payment Schedule. Beginning in 2014 and through 2019, the County shall
transfer the CITY Proceeds to the CITY on a monthly basis. The annual amounts
transferred shall never exceed the CITY's proportionate share of the CITY
Proceeds actually collected and appropriated by King County.
2. Administrative Fee. The Parties agree that the County has authority to deduct a
portion from CITY Proceeds for eligible expenditures related to the
administration of the distribution of County Levy Proceeds, consistent with
Ordinance 17568.
4. Use of County Levy Proceeds. The City shall only use the transferred City Proceeds for its
City Projects. On or before May 1 of each year throughout the Term of this Agreement, the
CiTY shall provide the County with a copy of the Annual Report and provide any further
documentation showing that the City Proceeds were expended on CITY Projects. The City
shall maintain financial records to account separately for the City Proceeds.
5. Representations and Warranties. The CITY represents and warrants that all CITY Proceeds
received by the CITY shall be used only for specific CiTY Projects as defined in this
Agreement and that such funds shall not be used to supplant Existing Funds. The CITY
represents and warrants that all CITY Projects shall be consistent with the requirements in
King County Ordinance 17568. The CITY represents and warrants that in addition to the
CITY's proportionate share of the CITY's Proceeds, the CiTY shall annually expend on
CiTY Projects an amount equal to the CITY's Existing Funds.
6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions
and other property attached to or installed in the City's local parks system during the Term
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shall be and remain the properties of CITY and shall not be deemed property of the County
under any circumstances.
7. Notices. All notices required to be given hereunder shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated upon
actual receipt. For convenience of the parties, copies of notices may also be given be other
means; however, neither party may give official or binding notice except by personal
delivery or by certified mail.
If to the CITY:
CITY's Contact and Title:
City Name:
Mailing Address]:
Mailing Address2:
City, State, Zip Code:
If to King County:
Kevin R. Brown, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson
Mailstop: KSC-NR-0700
Seattle, WA 98104
8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and
all governmental regulations, rules and orders.
9. CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is
financially responsible for the lawful use of the levy funds distributed under this contract.
The City agrees that if the State Auditor makes an audit finding that the levy proceeds have
not been spent properly, the City shall comply with the State Auditor's audit finding and
correct any improper expenditure or, at the sole discretion of the County, repay any
indicated amounts to the County. This duty to comply with the audit finding or repay shall
not be diminished or extinguished by the prior termination of the Agreement pursuant to
the Duration of Agreement or the Termination Sections.
10. Miscellaneous.
A. Liability of the County. The County's obligations to the CITY under this Agreement
shall be limited to the terms and conditions set forth herein. Notwithstanding any
other provision in this Agreement to the contrary, in no event shall the County be
liable, regardless of whether any claim is based on contract or tort, for any special,
consequential, indirect or incidental damages, including without limitation lost
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profits, arising out of or in connection with this Agreement or the services performed
in connection with this Agreement.
B. Dispute Resolution. In the event of a dispute between the CITY and the County
regarding any term of this Agreement, the parties shall attempt to resolve the matter
informally through the following mechanism: the CITY (reps.) or their respective
designee(s), shall meet with County(reps) or their respective designee(s) to review
and discuss the matter(s) in dispute; if the CITY (reps) and County (reps) are unable
to reach a mutual resolution, the Executive and the mayor, or their respective
designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons
are unable to resolve the matter informally, either party may submit the matter to a
non-binding, structured mediation procedure fashioned by persons or organizations
experienced in alternative dispute resolution ("ADR") procedures. The mediation
may be requested by any party and shall be initiated within thirty (30) days from the
date of the request unless extended by agreement of both parties. The alternative
dispute resolution procedures utilized for the mediation shall include the exchange of
written claims and responses, with supporting information, at least seven (7) days
prior to the actual mediation. The positions expressed and mediator's
recommendations shall not be admissible as evidence in any subsequent ADR or legal
proceeding. If the matter is submitted to mediation and the matter is not resolved, an
affected party shall be entitled to pursue any legal remedy available. Any disputes
involving the lawful expenditure of levy proceeds shall be resolved by King County
Superior Court if the parties cannot agree.
C. No Implied Waiver. No failure by either party hereto to insist upon the strict
performance of any obligation of the other party under this Agreement or to exercise
any right, power or remedy arising out of a breach thereof irrespective of the length
of time for which such failure continues (except in cases where this Agreement
expressly limits the time for exercising rights or remedies arising out of a breach),
shall constitute a waiver of such breach or of that party's right to demand strict
compliance such term, covenant or condition or operate as a surrender of this
Agreement. No waiver of any default or the performance of any provision hereof
shall affect any other default or performance, or cover any other period of time, other
than the default, performance or period of time specified in such express waiver. One
or more written waivers of a default or the performance of any provision hereof shall
not be deemed to be a waiver of a subsequent default or performance. The consent of
either party hereto given in any instance under the terms of this Agreement shall not
relieve the other party of any obligation to secure the consent of the other party in any
other or future instance under the terms of this Agreement.
D. Headings and Subheadings. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of
reference and such captions in no way define or limit the scope or intent of any
provision of this Agreement.
E. Successors and Assigns. The terms, covenants and conditions contained in this
Agreement shall bind and inure to the benefit of the County and the CITY and, except
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as otherwise provided herein, their personal representatives and successors and
assigns. There are no third party beneficiaries to this Agreement.
F. Agreement made in Washington. This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the State of Washington. Venue of
any action brought by one party against the other to enforce or arising out of this
Agreement shall be in King County Superior Court.
G. Integrated Agreement; Modification. This Agreement contains all the agreements of
the parties hereto relating to the subject matter addressed herein, and cannot be
amended or modified except by a written agreement approved by the King County
Council and mutually executed between each of the parties hereto.
H. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
I. Time of Essence. Time is of the essence of each provision of this Agreement.
J. Signage. For each capital project funded with County Levy Proceeds,the CITY shall
provide a sign including the following language: This project was funded (or as
applicable, funded in part) with proceeds from the Proposition No. I Parks Levy
approved by King County voters in August 2013 under an Agreement with King
County Parks and Recreation Division.
DATED this day of , 2014.
KING COUNTY, a Washington municipal CITY OF , a
corporation Washington municipal corporation
•
By By
Its Its
By authority of Ordinance No. 17568
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