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HomeMy WebLinkAboutPK14-102 - Original - King County - Parks Property Tax Levy - 04/23/2014 Records Men� e KENT f� , Document W A9HINOT ONk ` YSi . k .. WO CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission j to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: King County Vendor Number: -5 1,/ // & JD Edwards Number Contract Number: pk a1 This is assigned by City Clerk's Office Project Name: Parks Property Tax Levy Agreement Description: M Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 4/30/14 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Hope Gibson Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): Allowing the City to receive funds from King County Parks Property Tax Levy as approved by voters on August 6, 2013 (Proposition 1) PPD Contract# PPD14-12 S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 ij PARKS PROPERTY TAX LEVY AGREEMENT between ICING COUNTY& (CITY) Kent This Parks Property Tax Levy Agreement(the "Agreement")is made and entered into as of April , 2014, by and between KING COUNTY,a political subdivision of the state of Washington(the"County") and the City of Kent 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. & 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 Page i of 6 i 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: &G_RF-E,MFNT 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 I 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 Kent 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. Page 2 of 6 i 1. "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 Agment.ree 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 Levv 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 I 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 Icing County Ordinance 17568, The CITY represents and warrants that it) 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 Page 3 of 6 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. i If to the CITY: CITY's Contact and Title: Hope Gibson Parks Planning & Development Manager City Name: City of Kent Mailing Addressl: 220 Fourth Ave. S Mailing Addressl: City, State,Zip Code: Kent,WA 98032 Tf 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,AVA 98104 I 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 Page 4 of 6 i j 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 l regarding any term of this Agreement,the patties 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("A➢R")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 hnplied 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 patty'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 Page 5 of 6 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 Ding 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. FT. 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 1. Time of Essence. Time is of the essence of each provision of this Agreement. J. Si na e. 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, 1 Parks Levy approved by King County voters in August 2013 under an Agreement with King County Parks and Recreation Division, DATED this 3 day of_April 2014• KING COUNTY,a Washington municipal CITY OF Kent a corporation Washington municipal corporation I By , By S zet Cooke, Ma Its yor Its a/ By authority of Ordinance No. 17568 I III Page 6 of 6 i i ATTACHMENT A 17568 OPEN SPACE AND NATURAL LANDS ACQUISITION The overall approach for funding allocation and coordination with the Conservation Futures Tax (CFT) 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 CFT funding recommendations. These discussions are expected to occur in the spring, during the same time frame during which the COC annually reviews CFT project proposals. This will create an opportunity for the COC 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, aqd ultimately County Council, as part of the overall budget process for the following year. I KING COUNTY 1200Kh,LCnunyCmmhomc ?I(."Third Avenue ' Seattle.WA93U1a Signature Report King County April 30, 2013 Ordinance 17668 Proposed No. 2013-01 12.3 Sponsors Phillips gild MuDeimon 1 AN ORDINANCE providing for the submission to the 2 qualified electors of King Corinty at a special election to be 3 held in King Coonly on August 6, 2013, of a proposition 4 authorizing a property tax levy in excess of the levy 5 limitation contained in chapter 84.55 RCW foi a period of 6 six consecutive Years, at a vital rate of not more than 7 $0,1877 per one thousand dollars of assessed Vgluation in 8 the first year with annual increases by the percentage 9 1nCrease in the arnsumcr Brice index or the limitation in 10 84,55 RCW, whichever is greater in years two through six, 11 for the purpose of maintaining and operating King Cotalty's 12 parks system; improving parks, recreation and mobility by 13 acquiring open space and continuing to develop regional 114 trails;repairing, replacing,and improving local parks and 15 trails in King County's cities; finding environmental 15 education. maintenance. conservation and capital programs 17 at the Woodland Park Zoo. is STATEMENT OI' PACTS; 1 I Ordinance 17668 19 1, King County owns and operates a system of regional and local parks 20 and trails that consists of twenty six thousand acres of parklands and more 21 than one Irwrdied seventy five miles of regional trails. The c-ounty 22 provides,regional trails,regional recreational facilities, regional natural 23 area parks, and Local rural parks, and is the transitional provider of local 24 parks in The urban unincorporated areas. Examples of regional county 25 parks and trails include Nfarymoor Park, Cougar Mountain Regional 26 Wildland Park. the Weyerhaeuser King County Aquatic Center and the 27 $anunrunish 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, soeial and mental 30 health benefits to individuals; economic opportunity through recreation 31 and tourism: economic growth for private businesses that roust attract and 32 retain skilled workers; and envirculmental benefits and cultural resource 33 protection through open space conservation. King County's parks system 34 provides all these benefits to King County residents and businesses, 35 3. The 2002 Parks Business Transition Plan, which was adopted by the 36 King County council. became the bliiepd it fdr establishing the regional 37 parks system we have today. "the parks and recreation division'of the 38 department of natural resources and parks has snec6ssiidly focused its 39 litres of business on regional piflo and trails,backebobtry trails, natural 40 lands, and local parks in unincorporated King County and has been di implementing business practices th"It generate I 'Venue fro"'Pat'1<system 2 . Ordinance 17568 42 assets by implementing or increasing user fees and establishing corporate 43 and community partnerships that enhance park amenities and leverage 44 public and private dollars to improve parks and increase access to parks. 45 4. Consistent with the recommendations of past parks-related task forces, 46 the county has sought voter-approved levies on two prior occasions: in 47 2003,to provide maintenance and operating funding for the parks and 48 recreation division for the period of2004-2007, and in 2007, to provide 49 finding for maintenance and operating, as Nvell as funding for open space 50 acquisition and asset maintenance and improvement, for the period of 51 2008-2011, Voters approved the levies on both occasions that they were 52 on the ballot. The voter-approved levies have helped keep the parks 53 system open, clean and safe, 54 5. 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 generated through business activities and entrepreneurial efforts. King 58 County general fund support to the parks and recreation division was 59 eliminated as of 2011. 60 6. In 2013, the 2008-2013 voter-approved Open Space and Tiails Levy 61 Will fund approXhiiately seventy-seven percent of the parks and recreation 62 division's asset management budget. Historically, the real estate excise 63 tax funded nearly all of the parks and recreation division's asset 3 Ordinance 1756E 64 management proggann; hoWever, the teal estate excise tax has declined 83 65 percent from 2006 to 2612, 66 7, The effective rato of the combined levies in 2013 is M 1331 per One 67 thousand dollars of assessed value. A comparable effective levy rate 68 beginning in 2014 would need to be $0.1478 per one thousand dollars of 69 assessed value. Due to the loss of general funds anti real estate excise tax. 70 a higher levy rate is necessary in the future to achieve the 71 recommendations of all the past parks task rorces and the cauncil- 72 approved parks business transitions elan. 73 S. Parks levy citizen oversight committees were established to monitor the 7.4 expendituYcs ofthe proceeds from the 2004-2001 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 12$09; the King County executive 78 developed and implemented an annual process to review, and recommend 79 ro r council approval open space projects funded by the Open Space vnd go 'Grails Levy through coordination with the conservation sutures tax 81 program. 82 10: The King trotafty executive convened the Ming County parks levy 83 tgsk take in Ttine 2012 to recotriut,enid a funding plan for tine current park $q systeno and how to address the parks acid recreation needs orKinig County 85 residents in the future. Thd task force, which met fronn .lane to OQtober, 86 was comprised of tndenty-two individuals representing all geographic greas Ordinance 17569 i ¢7 of the county,, as well as business, recreation,community, and 88 environmental interests. 89 11. The task force issued a report in October 2012,recommending that 90 the county replace the expiring levies and put a ballot measure before the 91 voters in M 3 that requests a six-year inflation-adjusted property tax levy 92 lid lift at a total rate of$0.f 901 per one thousand dollars of assessed value. 93 The task force recommended continuing to fund maintenance and 94 operations of King Comity's parks system, as well as funding! critical 95 infrastructure repair and replacement, acquisition and stewardship of open 96 space, as such lands con provide for passive or active recreation 97 opportunities and/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 mobility, 100 The task force also recommended providing support to King County's 101 Cities for local parks and recreation capital purposes and to the Woodland 102 Park Zoological Society for education and conservation programs, i 103 horticulture and maintenance, and capital improvements. 104 12. The King County executive sup'p'orls the findings and 105 recommendations of the task force and has put forth a funding proposal 106 that is consistent with the goals and priorities of the task force, decreasing 107 the rate recommended by the task force by utilizing updated forecasts for 108 real estate excise tax, which enabled adjustments to be made to the overall 109 funding assumptions. 5 - I ordinance 17666 110 BE IT ORDAINED BY THE COUNCIL OF, KING COUNTY: 111 SECTION L Definitions. The definitions in this section apply throughout this 112 ordinance unless the context clearly requires otherwise. 113 A. "Conservation futures tax program"iueans the progratir defined in K.C.C. 114 ehapter26.12. 115 13. "Levy"menus the levy of`regular property taxes, for the specific purpose and 116 term provided ill this ordinance and autltoriml by the electorate in accordance with state 117 law. 11k C. "Levy proceeds" iueaus the principal amount*of funds raised by the levy. ally $19 interest earnings on the funds and the proceeds of ally interim linatuchig tollowiitg I 120 ;tuthorizatiou of the levy: 121 D. "Limit factor" means the ratio of the most recent]rule Consutner Price Index 122 to the itiunediately prevlot's June Consumer Price hide which is the filial publjshed 123 CPC-\% Seattle=TacoiitiL-Brenuertoit, 'as calculated by the United States Bureau of Labor 124 Statistics, or its successor•, expressed as a multiple of otie hundred percent to achieve the 125 result of one hundred percent plus inflation, or the lilliltatiOn contained ill chapter 84.55 126 RCW.whichever is greater. 127 E. "fails system" iileans any building or citlier structure,park, open space, 128 natural area, resource or ecological land, 'troll, or other property owned or otherwise 129 under the 'arisdiction of the 'parks and rectreation division of the department of natural 130 resources and parks. 131 I. "Recreation grant program" moan's the community par'tneiships and grants 132 program through which King County provides funds to recreation-oriented groups,sports .— 6 Ordinance 17568 133 associations and conununity-based organizations to undertake any combination of 134 developing, operating or maintaining a public park or recreation facility or program in 13S King County for public benefit. 136 SECTION 2. Levy submittal to voters. To provide necessary funds for the 137 ptirposes identified in section 4 of thus ordinance, the King County council shall submit to 138 the qualified electors of the county a proposition uuthorizing a regular property tax levy 139 in excess of the leery limitation contained in chapter84.55 RCW for six consecutive 140 years, with collection commencing in 2014, at a rate not to exceed $0.1977 per one 141 thousand dollars of assessed value in the first year of the levy period. It) accordance with 142 RCW 84.55.050, this levy shall be a regular property lax levy subject to the limit lector. 143 SECTION 3. mposif or levy proceeds. The levy proceeds shall be ,deposited � 144 into a dedicated subfimd of the parks and recreation fund, or its successor. 145 SECTION 4. Eligible expenditures. ,lf approved by the qualified electors of the 146 county, levy proceeds shall be used for the I'01104ving purposes: 141 A. Forty-seven percent flor maintenance and operations of King County's parks 148 system, of which no more than one and three teiuhs percent of total leery proceeds is for 149 the recreation grant program; 15O B. Thirty-nine percent for: 151 1. Acquisition,conservation and stewardship of additional open space lands, 152 natural areas, resource or ecological lands: 151 2. Acquisition and development of rights of ways for regional trails; 154 3. Major maintenance repair, iepkacement and improvement of parks system 15s infrastructure; and i 7 Ordinance W568 156 4. Develophient oftrailhead faciIitiesto increase access to parks arld trails; 157 C. If tile eounty council, in its sole discretion; funds that annual revenues from the 158 teal estate excise tax 1 and real estate excise tax from the real estate excise taxes 159 imposed under K.C.C. 4A.5I.100 and 4AM 0.170 have increased sufficiently that the 160 levy amount needed for the purposes identified in srtbscction B. ofthis section should be 161 reduced, it may reduce the annual [pillar autount levied for the parks levy based on this 162 tinding and the entire dollar amount of the reduction in the levy proceeds for that year 163 shall be allocated solely to the distrihudOn of levy proceeds for the purposes set forth in 164 subsection 13, of this section. Stich annual reduction shall not limit the cwthority of tlic . 165 council to levy in any future year without such reduction or totuodify the distribution of 166 levy proceeds levied-in any futuro year; 167 D. Seven percent for distribution to cities in King County for their local parks 168 system proJeets, of which amount fifty percent shall he distributed based on city 169 population and fifty percent shall be distributed based on the assessed value of parcels 170 vvithin a city; 111 l3, seven percent for distribution to the Woodland Park Zoological Society for; 172 cuviroltmental education with emphasis on accessibility to traditionally underserved 173 populatioiisihroughoiit tite cquitty;horticulture and maintenance of buildings and 174 growids;conservation and animal care for rare. threatened or endangered Pacifie 175 Noithwest species; and board-approved capital pigjecfs/campaigns in existence as of 176 December 31,1612; And 177 1'. Ol'tite proceeds designated for disitiUtifioii to King Counh cities and the 17s Woodland Palk Zoological Society, a portion shall be retained by the cotioty to be used 8 Ordinance 17568 179 for expenditures related to administration of the distribution of levy proceeds. L?ligible 190 administrative expenditures shall include all costs and charges to the parks and recreation 181 division or the county associated with or attributable to the purposes listed in subsections 182 D. and F. ofthis section of this ordinance. Consistent with RCW 84,55,050. as it may be 183 amended, levy proceeds may not supplant existing Binding. 184 SECTION 5. Call for special election. In accordance with'RCW 29A.04.321, 185 the King County council licrcby calls fora special election to be held in conjti'netion 'with 186 the primary election on August 6, 2013, to consider a proposition authorizing a regular 187 property tax levy for the purposes described in this ordinance. The King County director 188 of elections sha11 cause notice to be given of this ordinance in accordance with the state 189 constitution and general law and to submit to the qualified electors of the county, at the 190 said special county election, the proposition hereinaner set forth. The clerk of the council 191 shall certify that proposition to the King County director of elections in S Ubstanti ally the 192 following form: 193 The King County council has passed Ordinance _concerning funding for 194 parks, trails, recreational facilities and open space. This proposition would replace two 195 expiring levies and fund maintenance and operations of the King County parks system; 196 trails and open space for recreation, Habitat and Nvatergtralilp"; city parks; and zoo 197 programs, all strhjecl to citizen oversight. This proposition authorizes an additional 198 property tax of$0.1877 per $1,000 of assessed Willie for collection in 2014 and 199 authorizes increases by the annual percentage change in the CPI or the limitation in 84,55 200 2CW, whichever is greater, for live succeeding years. Should this proposition be: 201 Approved? I i Ordinance 17568 202 Rejected? _ 203 sECTION 6. Distributions. Each distribution of levy proceeds to a King County 204 city or to the Woodland Park Zoological Society, or its successor, for the eligible 205 purposes identified in section 4 of this ordinance shall be stt�ject to the execution of a 206 contract between the eounfy and each entity, For the saute pretject, Distribution of levy 201 proceeds to King County Col.open space acquisition purposes shall be ill accordance with 208 the annual conservation futures tax process for the development, review and tog reeonuncidation to the King County council tts set rorth in the open space and naiural 210 lands acquisition process, which is included as Attachment A to this ordinance. 211 SSCfIQN 7. parks Icvy eitizeri oversight ftoard established. 212 A, if the proposition in section 5 of thGs ttt dtnance is apprQypd by lice clonlifred 213 electors of King County. a parks levy citizen oversight board shall be appointed by the 214 executive. The board shall consist of nine members. Each councilmember shall 2js nUnthiale a candidate for flue board frout the eoilncilmeriber's district no late'•than ninety 216 days from the start of the First year of collections. if the executive does not appoint 217 within sixty clays of the nominations a person who has been nominated by a j 218 aduncilnteniber, the executive must request that the councibmmbcr should within thirty 219 clays of the request nonlinafe another Candidate for appointment. 'Members shall be 220 confirmed by the council. Members sluall be residents of King Caunty and may not be 271 elected or appointed officials of any Unit of government, except that citizens serving in a 222 civic capacity on a local board or ennnunissiou would be eligible to serve on the parks, 223 levy citizen oversight board. 10 Ordinance 17568 224 B. The board shall review the allocation of levy proceeds and progress on 225 achieving the purposes of this proposition, The report shall include information on the 226 status of addressing maintenance needs and controlling noxious weeds in King C'ounty's 227 parks system. On or before December 31,2015, the board shall review and report to the 228 King County executive, the King County council and the regional policy committee on 229 the expenditure of levy proceeds ror 2014. Thereafter, the board shall review and report 1 230 to the King County executive, the King County council and the regional policy 231 committee annually. An), report to the King County council under this section shall be 232 made in the form of a paper original and an electronic copy with the clerk of the council, 233 who shall retain the original and provide an electronic copy to all councihmembers. The 234 parks and recreation division shall provide the hoard Nvith all reports on division activities 235 that the division transmits to the King County council in accordance with I .C.C. 236 7,08.090. The board expires December 31, 2020. 237 SECTION 8, Ratifiealion. Certification of the proposition by the clerk of the 238 King County council to the director of elections in accordance with law before the 23.9 election on August G, 2013, and any other acts consistent with the authority and before 240 the effective date ofthis ordinance are hereby ratified and confirmed. 241 SECTION 9. Sever-al»lity, Ifany provision ofthis ordinance is held invalid, the I 11 ordinance 175H 242 remainder of the ordinance or the application of the provision to other persons or 243 eiacumstancevis not affected. 244 Ordinance 17569 was introduced on 2/25/2013 and passed, as amendedby the Metropolitan King County Council on 4/29/2013, by the following vote: Yes: 7 -Mr. Phillips, Mr, von Reichbauer.Mr, Gossett,Ms. Vague, Nis. Patterson;Mr. McDermott and Mr. Dembowski No: 2 - Ms. I.,ambert and Mr. Dunn Excused: 0 ICING COl1NTY COUNCIL kING COUNTY,WASHINGTON n'y Gossett,Chair ' Y. '1 ATIFST; rn Aline Noris,Clerk or die Council o 'N C7 CO F APPROVEPtliis. dayor ' 2013. ti ow Constantine,County Executive i Attaet mt fits;A. ooen Space aqd Natui`al Lands Acquisition . _ 12 KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: April 1, 2014 SUBJECT: King County Parks Property Tax Levy Agreement - Authorize MOTION: Authorize the Mayor to sign the King County Parks Property Tax Levy agreement to accept Proposition 1 Parks Levy funds, and approve the expenditure of funds, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: On August 6, 2013, voters in King County approved Proposition 1, authorizing a property tax levy lift for six years with the proceeds going to regional and local parks. The proposition required that a percentage of the levy funds be distributed to cities for capital projects in their local parks system. The County is proposing to enter into a contract with the city of Kent that would allow the city to receive its share of the levy proceeds which are estimated at $236,797.00, based on a levy rate of $0.1901 per one thousand dollars of assessed value. A new account will be created for these funds. The contract will run through December, 2019. EXHIBITS: 1) Agreement 2) Ordinance 17568 RECOMMENDED BY: Parks and Human Services Committee YEA: Ralph - Higgins - Fincher NAY: BUDGET IMPACTS: The amount of revenue will be approximately $236,797,00. A new account will be created for these funds. REQUEST FOR MAYOR'S SIGNATURE [61ENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Hope Gibson Dept/Div. Parks Planning & Development Extension: 5112 Date Sent: 4/1-1/14 Date Required: Return to: Lynn Osborn, x5111 CONTRACT TERMINATION DATE: VENDOR: King County. _ DATE OF COUNCIL APPROVAL: 4/1/14 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This agreement with King County enables the City to receive funds from the King County Parks Property Tax Levy, passed by voters August 6, 2013. All Contracts Must Be Routed Through The Law Department (This area to 4@ completed by the Law Department) f ' Received: t Approval of Law Dept.: Law Dept. Comments: Y 4 f t Date Forwarded to Mayor: , Shaded Areas To Be Completed By Administration-Staff Received: Recommendations and Comments: Disposition. C"rY OF K7NT Date Returned: CITY CLURK