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HomeMy WebLinkAboutCAG2020-012 - Original - King County - Parks Property Tax Levy Agreement - 02/10/2020 Agreement Routing Form �° KEN T For Approvals,Signatures and Records Management Director initials 1 W ASH IN G T 0 N This form combines&replaces the Request for Mayor's signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initials Originator: Terry J u n g m a n Department: Parks Date Sent: 01/08/2020 Date Required: Soonest possible please R > Authorized Director Date of 0 1/7/20 0. to Sign: ❑ Council QMayor Approval. Budget Grant? Yes FIN o Account Number: Type: N/A Vendor g y Name: Kin Count Category: Interlocal Vendor 34116 Sub-Category 0 Number: a Project M Name: Parks Property Tax Levy Agreement 0 Project Allowing the City to receive funds from KC Parks Property Tax Lev as approved b voters on August 6,2019 Proposition 1 _ � 9 Y P Y Y PP Y 9 � ) 4o Details: _ Go E Agreement 366 000 Basis for 40 Amount: Selection of Interlocal Agmt L Contractor: a>, a Start Date: TBD-'Commencement Date' Termination Date: 12/31/2025 Notice required prior to Yes No Contract Number: C ��202� disclosure? d a DafAfi t[Vnky. Comments: 3 0 cc 6 E LAW � V� N I ED M a Date Routed to the Mayor's Office: m Date Routed to the City Clerk's Office: > City of Kent ,� nffire of the WvoF Date Sent to Origin or: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 PARKS PROPERTY TAX LEVY AGREEMENT between KING COUNTY & (CITY) KENT This arks Property Tax Levy Agreement (the "Agreement") is made and entered into as of this / day of , 2020,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, over one-hundred-seventy-five (175) miles of regional trails, and two-hundred-fifteen (215) miles of backcountry 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. 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. C. On April 17, 2019, the King County Council adopted Ordinance 18890 which called for a special election in accordance with RCW 29A.04.321 to authorize a property tax levy in excess of the levy limitation contained in 84.55 RCW for a period of six (6) years for specified park purposes. D. On August 6,2019, King County voters approved Proposition No. 1 Parks Levy that authorized an additional six year property tax levy at a rate of$0.1832 in the first year, with subsequent levies adjusted by inflation for the purpose of: maintaining and operating King County's open space system; improving parks,recreation,access,and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns, and cities in King County; funding environmental education, maintenance, and conservation programs at the Woodland Park Zoo; finding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. 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: King County Parks Property Tax Levy 2020-2025 Agreement AGREEMENT 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 3 1"beginning in 2021 setting forth a summary of CITY Projects for the preceding year, along with a complete financial accounting for the use of the CITY'S Share, and a listing of all capital investments made at the CITY funded in whole or in part by County Levy Proceeds, and for the 2020 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 Parks System" shall mean any building or other structure related to parks or recreation, parks, trails, open space, such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of the CITY. D. "City Proceeds" shall mean eight percent (8%) of the total County Levy Proceeds collected by King County, net the amounts specified and allocated in Ordinance 18890 Sections 4A-D, and any interest earnings on these funds. E. "CITY Projects" shall mean CITY Parks System operations and capital improvement projects consistent with Ordinance 18890. F. "CITY'S Share" shall mean the CITY's proportionate share of the City Proceeds as authorized by Ordinance 18890, subject to County Council appropriation. G. "County" shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. H. "County Council" shall mean the County Council of King County, State of Washington. I. "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, 2019 and replaced a levy expiring at the end of 2019. J. "County Levy Proceeds" shall mean the principal amount of the County Levy collected by the County. K. "Executive" shall mean the King County Executive or his or her functional successor. L. "Existing funds" shall have the meaning, as defined by RCW 84.55.050. Page 2 of 7 King County Parks Property Tax Levy 2020-2025 Agreement 2. Term of Agreement. The term of this Agreement (the "Term") shall be for a period commencing upon signature by both parties (the "Commencement Date"), and expiring on December 31, 2025 (the"Termination Date"). 3. Receipt of County Levy Proceeds. A. General Distribution. Each year the County shall distribute the CITY's Share to the CITY as authorized by Ordinance 18890, subject to County Council appropriation. B. Receipt and Distribution of Levy Proceeds. 1. Payment Schedule. Beginning in 2020 and through 2025, the County shall transfer the CITY's Share to the CITY on a semi-annual basis, generally in the months of May and November. 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 18890. 4. Use of County Levy Proceeds. The CITY shall only use the transferred CITY'S Share for its CITY Projects. On or before May 315t 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'S Share was expended on CITY Projects. The CITY shall maintain financial records to account separately for the CITY'S Share. 5. Representations and Warranties. The CITY represents and warrants that all of the CITY'S Share 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 18890. The CITY represents and warrants that in addition to the CITY'S Share, 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 Park System during the Term 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. Page 3 of 7 King County Parks Property Tax Levy 2020-2025 Agreement If to the CITY: CITY's Contact and Title: Terry Jungman, Parks Planning& Dev. Manager City Name: City of Kent Mailing Address1: 220 Fourth Avenue South Mailing Address2: City, State,Zip Code: Kent, WA 98032 If to King County: Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street 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 funds 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 this Agreement and shall survive the termination of this Agreement. 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 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 (representatives) and County (representatives) are unable to reach a mutual resolution, the Executive and the mayor, or their respective Page 4 of 7 King County Parks Property Tax Levy 2020-2025 Agreement 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 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. Page 5 of 7 King County Parks Property Tax Levy 2020-2025 Agreement 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. 1 Parks Levy approved by King County voters in August 2019 under an Agreement with King County Parks and Recreation Division. K. Reporting. As set forth in King County Council Motion 15378,section C,for each capital project funded with County Levy Proceeds, the CITY shall report to King County Parks and the King County Council major milestones, such as groundbreakings and opening dates,thirty (30) days prior to such milestone. The CITY shall mail or deliver reports to both King County Parks and the current King County Council councilmembers at: Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street Mailstop: KSC-NR-0700 Seattle, WA 98104 Councilmembers: (please list all 9 councilmembers) In care of King County Council Clerk 516 3rd Avenue Seattle, WA 98104 [ SIGNATURE PAGE FOLLOWS ] Page 6 of 7 King County Parks Property Tax Levy 2020-2025 Agreement DATED this L day of VAA- , 2020. KING COUNTY, a Washington municipal CITY OF KENT a corporation Washington municipal corporation 1 By By Mayor Its ✓ Its Ma Y By authority of Ordinance No. 18890 Page 7 of 7 EXHIBIT A 1200 King County King County Courthouse 516 Third Avenue am Seattle,WA 98104 King County Legislation Details (With Text) File#: 2019-0084 Version: 2 Type: Ordinance Status: Passed File created: 2/27/2019 In control: Budget and Fiscal Management Committee On agenda: Final action: 4/17/2019 Enactment date: Enactment#: 18890 Title: AN ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. Sponsors: Claudia Balducci, Pete von Reichbauer, Jeanne Kohl-Welles, Joe McDermott, Rod Dembowski Indexes: levy, Natural Resources, Department of, Parks and Recreation Code sections: Attachments: 1. Ordinance 18890.pdf, 2. A. Open Space, Natural Lands and Urban Green Space Acquisition Guidelines, 3. B. Targeted Equity Grant Program Guidelines, 4. 2019-0084 transmittal letter, 5. 2019- 0084 Financial Plan, 6. 2019-0084 Fiscal Note, 7. 2019-0084 King County Parks Capital Program, 8. 2019-0084 Parks Operating Financial Plan, 9. 2019-0084_SR_02272019_ParksLevy_RPC-v3, 10. ATT6_2019 Election Dates Memo Revised, 11. ATT5. Allocation of Levy Proceeds to the Parks Capital Portfolio, 12. ATT6_2019 Election Dates Memo Revised, 13. 2019- 0084_SR_031319_ParksLevy_RPC, 14. 2019-0084_SR_032619_ParksLevy_RPC akjg_sp, 15. ATT8. Parks Levy High Level Comparison Matrix_BFM Chair's Striker ak, 16. ATT10.2019- 0084_S1_ParksLevy_03252019khmv2 bar 3-25-19, 17. 2019-0084 S2 khm wshv4 bar 3-27-19, 18. 2019-0084_AmendmentstoS2LevyOrdinance, 19. 2019-0084_and 2019- 0142 SR dated 04152019 ParksLevy_BFM Date Ver. Action By Action Result 4/17/2019 2 Metropolitan King County Council Hearing held/closed and passed Pass 4/15/2019 2 Budget and Fiscal Management Recommended Do Pass Pass Committee 3/28/2019 1 Regional Policy Committee Recommended Do Pass Substitute Pass 3/13/2019 1 Regional Policy Committee Deferred 2/27/2019 1 Regional Policy Committee Deferred 2/27/2019 1 Metropolitan King County Council Introduced and Referred AN ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a King County Page 1 of 12 Printed on 11/27/2019 powered by Legistar''^ EXHIBIT A File#: 2019-0084, Version: 2 proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. STATEMENT OF FACTS: 1. King County owns and operates a system of regional and local parks and trails that consists of twenty-eight thousand acres of parklands and more than one hundred seventy-five miles of regional trails. The county provides regional trails, regional recreational facilities, regional natural areas, regional parks and local parks in unincorporated areas. Examples of regional county parks and trails include Marymoor park, Cougar Mountain Regional Wildland park, the Weyerhaeuser King County Aquatic Center and the Sammamish River trail. 2. Parks, natural areas and trails contribute to a high quality of life. A robust system of parks and trails provides physical, social and mental health benefits to individuals; economic opportunity through recreation and tourism; economic growth for private businesses that must King County Page 2 of 12 Printed on 11/27/2019 powered by Legistarl EXHIBIT File M 2019-0084, Version: 2 attract and retain skilled workers; and environmental benefits and cultural resource protection through open space conservation. King County's open space system provides all these benefits to King County residents and businesses. 3. The 2002 Parks Business Transition Plan, adopted by the King County council and enacted by Ordinance 14509, became the blueprint for establishing the regional open space system we have today. Building on that blueprint, the county has adopted open space plans, which have provided the framework guiding King County in the acquisition, planning, development, stewardship, maintenance and management of its complex system of parks, regional trails and acres of open space. The latest open space plan was updated in 2016 and adopted by Ordinance 18309. 4. In implementing the open space plan, the parks and recreation division of the department of natural resources and parks has successfully focused its lines of business on regional parks and trails, backcountry trails, natural lands and local parks in unincorporated King County and has implemented business practices that generate revenue from park system assets by implementing or increasing user fees and establishing corporate and community partnerships that enhance park amenities and leverage public and private dollars to improve parks and increase access to parks. 5. Consistent with the recommendations of past parks-related task forces, the county has sought voter-approved levies on three prior occasions: in 2003, enacted by Ordinance 14586, to provide maintenance and operating funding for the parks and recreation division for 2004 through 2007; in 2007, enacted by Ordinance 15759, to provide funding for maintenance and operations as well as funding for open space acquisition, regional trail development, the Woodland Park Zoo and for King County towns and cities for use in their open space acquisition and trail projects for 2008 through 2013; and in 2013, enacted by Ordinance 17568, to provide funding for maintenance and operations as well as for open space acquisition, asset maintenance King County Page 3 of 12 Printed on 11/27/2019 powered by Legista,_1 EXHIBIT A File M 2019-0084, Version: 2 and improvement, parks and trails projects, the Woodland Park Zoo and for King County towns and cities to use for their parks and recreation for 2014 through 2019. Voters approved the funding measures on all three occasions that they were on the ballot. The voter-approved levies have helped keep the open space system clean, safe and open. 6. The 2014 through 2019 voter-approved parks,trails and open space replacement levy provides approximately eighty percent of the operating budget of the parks and recreation division, with approximately thirteen percent generated through business activities and entrepreneurial efforts. King County general fund support to the parks and recreation division was eliminated as of 2011. 7. The community partnerships and grants program enacted by Ordinance 14509 enhances parks amenities by partnering with parks and recreation organizations. Since the inception of the community partnership and grant program in 2003, more than sixty projects representing more than sixty million dollars'worth of new, enhanced, or preserved public recreation facilities have been completed, with only eighteen million dollars of King County capital investment. 8. The Woodland Park Zoo received distributions from the past two voter-approved levies to supplement zoo operating revenue for education and conservation programs, horticulture and maintenance and capital improvements. Levy proceeds distributed to the zoo provided environmental education,programming and transportation focusing on accessibility for underserved areas, supported thousands of students annually and benefitted residents throughout King County. Levy proceeds also provided conservation and animal care for threatened Pacific Northwest species. 9. King County towns and cities received funding from the past two voter-approved levies. In 2008 through 2013,towns and cities could use levy proceeds for open space and natural lands acquisition and development of town or city trail projects that supported connections to the King County Page 4 of 12 Printed on 11/27/2019 powered by Legistar h' EXHIBIT A File #: 2019-0084, Version: 2 regional trail system with distributions being contingent upon an equal or greater contribution of matching moneys from the recipient town or city for the same project. In the 2014 through 2019 levy, types of uses for the distribution to King County towns and cities were broadened to provide flexibility and better meet the parks and recreation needs of cities. 10. Parks levy oversight committees were established to monitor the expenditures of the proceeds from the 2004 through 2007, 2008 through 2013 and 2014 through 2019 levies. Annual committee review has concluded that the county has complied with all levy requirements. 11. King County is growing rapidly as a region. In 2017, King County's population increased by close to fifty thousand people; and over the next ten years,the region is expected to grow by another one hundred eighty thousand people. Recent surveys have indicated that since 2008, the number of people who hike in natural area parks has doubled. More and more people are using the King County parks and trails,which puts greater pressure on an aging system. As development increases to accommodate population growth,the risk of losing natural lands and green spaces throughout the county grows. Those valuable lands contribute to King County residents' high quality of life. The cost of land to accommodate this growth and preserve open spaces is also increasing. Today is the opportune time to address future needs of residents by investing in our parks and trails and accelerating conservation of open space. 12. In King County, many communities have experienced a history of inequitable and limited regional investments in parks, recreation and open space, limiting the ability of residents to lead healthy lives. Five hundred thousand King County residents live without ready access to, parks, recreation and open spaces. There is a need to address disparities in access to parks, recreation and open space for underserved areas and communities, including people with disabilities. This proposal provides an opportunity to address parks and recreation needs of these underserved areas and communities. King County Page 5 of 12 Printed on 11/27/2019 powered by LegistarT'^ EXHIBIT File#: 2019-0084, Version: 2 13. Recognizing growth in population, increased use of parks and trails and the need to address disparities in preparation for the 2020 through 2025 levy,the parks and recreation division conducted outreach to obtain feedback on the current park system and future parks and recreation needs for all King County residents. From August through November 2018,parks and recreation division staff conducted fifty-four in-person engagement meetings with groups representing all geographic areas of the county including towns and cities, business, recreation, community and environmental interests. An online survey was also conducted from November to December 2018, and received one thousand nine hundred thirty-four responses from the public, representing all geographic areas of the county. 14. The feedback from the engagement meetings and online survey showed support for the King County open space system. Engagement findings showed support for maintenance and operations of the open space system, as well as critical infrastructure repair and replacement, and the acquisition, conservation and stewardship of open space, as such lands can provide for passive or active recreation opportunities and protection of habitat and water quality, and the development of and improvements on regional trail corridors. Feedback supported funding for King County towns' and cities'parks and recreation programs;the Woodland Park Zoological Society education and conservation programs and horticulture, maintenance and capital improvements; and recognized the Seattle Aquarium as a regional asset. 15. The King County executive took into consideration information obtained from this outreach, the region's growing population, increased use of parks and trails across King County, and the lack of parks, recreation and open space in some communities, and has put forth this proposal which acknowledges the changing landscape and the need to grow the open space system to keep up with demand from the region. This proposal is also consistent with the goals and priorities of past levy task forces. King County Page 6 of 12 Printed on 11/27/2019 powered by i_egistar7l EXHIBIT A File#: 2019-0084, Version: 2 16. This proposal would exempt low-income senior citizens, disabled veterans and other people with disabilities from the regular property tax increase on their residences resulting from a levy authorized by this ordinance, if they have been approved for an exemption under RC W 84.36.381. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Definitions. The definitions in this section apply throughout this ordinance unless the context clearly requires otherwise. A. "Community partnerships and grants program" means the program through which King County provides moneys to recreation-oriented groups, sports associations and community-based organizations to undertake any combination of developing, operating or maintaining a recreation facility or public park in unincorporated King County and King County towns and cities for public benefit. B. "Integrated floodplain management" means habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding. C. "Levy" means the levy of regular property taxes, for the specific purposes and term provided in this ordinance and authorized by the electorate in accordance with state law. D. "Levy proceeds" means the principal amount of moneys raised by the levy, any interest earnings on the moneys and the proceeds of any interim financing following authorization of the levy. E. "Limit factor" means the most recent published King County office of economic and financial analysis King County inflation plus population index, or the limitation contained in chapter 84.55 RCW, whichever is greater. F. "Open space system" means the system that includes parks, trails, natural areas, resource lands and structures or buildings owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks. For the purposes of this ordinance, with reference to King County, King County Page 7 of 12 Printed on 11/27/2019 powered by Legistar- f I EXHIBIT A File M 2019-0084, Version: 2 the term "open space lands" shall collectively refer to natural areas and resource lands. G. "Targeted equity grant program" means the program through which King County provides moneys in order to achieve equitable opportunities and access to parks and recreation for underserved areas and communities, including people with disabilities, located in unincorporated King County and King County towns and cities. H. "Town or city parks system" means any building or other structure related to parks or recreation, parks, trails, open space such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of a town or city within King County. SECTION 2. Levy submittal to voters. To provide necessary moneys for the purposes identified in section 4 of this ordinance, the King County council shall submit to the qualified electors of the county a proposition authorizing a regular property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for six consecutive years, with collection commencing in 2020, at a rate not to exceed$0.1832 per one thousand dollars of assessed value in the first year of the levy period. The dollar amount of the levy in the first year shall be the base upon which the levy amounts in year two through six shall be calculated. In accordance with RCW 84.55.050,this levy shall be a regular property tax levy subject to the limit factor. SECTION 3. Deposit of levy proceeds. The levy proceeds shall be deposited into a dedicated subfund of the parks and recreation fund, or its successor. SECTION 4. Eligible expenditures. If approved by the qualified electors of the county, levy proceeds shall be used for the following purposes: A. Costs incurred by the county that are attributable to the special election called for in section 5 of this ordinance. B. Up to eight million dollars to the Seattle Aquarium from the first four years of the levy. Levy proceeds for the Seattle Aquarium shall solely be for capital costs for the Ocean Pavilion project, except as provided in subsection E.S. of this section. King County Page 8 of 12 Printed on 11/27/2019 powered by_egistar7l EXHIBIT A File M 2019-0084, Version: 2 C. Up to forty-four million dollars to publicly owned pools for: capital improvement projects, including planning, feasibility studies, preconstruction and design, construction; and major maintenance repair or replacement projects. D. Up to twenty-two million dollars to habitat restoration, open space acquisition or recreational opportunities, or any combination thereof, associated with integrated floodplain management capital improvement projects and to outreach and education related to the benefits of integrated floodplain management projects. E. The remainder of levy proceeds shall be used for the following purposes: 1. Forty percent of levy proceeds for maintenance and operations of King County's open space system and the targeted equity grant program, but no more than ten million dollars may be used for the targeted equity grant program; 2. Forty-seven percent of levy proceeds for: a. acquisition, conservation and stewardship of additional open space lands, natural areas, resource or ecological lands, rights of way for regional trails and urban green spaces; b. acquisition of rights of way for and development of regional and other public trails; c. capital improvement projects and major maintenance repair or replacement of open space system infrastructure; d. community partnerships and grants program; and e. capital improvement projects and major maintenance repair or replacement of parks or recreation infrastructure in metropolitan park districts, towns or cities; 3. Eight percent of levy proceeds for distribution to towns and cities in King County for their town or city parks system operations and capital improvement projects, of which amount: a. twenty-five thousand dollars shall be distributed annually to each town and city; b. an additional seventy-five thousand dollars shall be distributed annually to cities with a population King County Page 9 of 12 Printed on 11/27/2019 powered by LegistaCl EXHIBIT File #: 2019-0084, Version: 2 greater than four thousand; c. of the remainder, fifty percent shall be distributed in proportion to each town or city's population and fifty percent shall be distributed in proportion to the assessed value of parcels within each town or city; 4. Five percent of levy proceeds for distribution to the Woodland Park Zoological Society shall be used solely for: environmental education with an emphasis on accessibility to traditionally underserved populations throughout the county; horticulture and maintenance of buildings and grounds; conservation of threatened species; and development of conservation and education strategies to mitigate impacts to animals and habitats from climate change; and 5. Of the levy proceeds in subsections B., C., D., E.2.e., E.3. and EA. of this section, a portion shall be retained by the county to be used for expenditures related to administration of the distribution of levy proceeds. Eligible administrative expenditures shall include all costs and charges to the parks and recreation division or the county associated with or attributable to the purposes listed in subsections B., C., D., E.2.e., E.3. and E.4. of this section as well as sections 6 and 7 of this ordinance. Consistent with RCW 84.55.050, as it may be amended, levy proceeds may not supplant existing funding. SECTION 5. Call for special election. In accordance with RCW 29A.04.321,the King County council hereby calls for a special election to be held in conjunction with the primary election on August 6, 2019,to consider a proposition authorizing a regular property tax levy for the purposes described in this ordinance. The King County director of elections shall cause notice to be given of this ordinance in accordance with the state constitution and general law and to submit to the qualified electors of the county, at the said special county election, the proposition hereinafter set forth. The clerk of the council shall certify that proposition to the King County director of elections in substantially the following form, with such additions, deletions or modifications as may be required for the proposition listed below by the prosecuting attorney: The King County council passed Ordinance concerning replacement of an expiring parks levy. If approved,this proposition would provide funding for county, town, city and park district King County Page 10 of 12 Printed on 11/27/2019 powered by Legistaril EXHIBIT File #: 2019-0084, Version: 2 parks, and for open space,trails, recreation, public pools,zoo operations and an aquarium capital project. It would authorize an additional six-year property tax beginning in 2020 at$0.1832 per $1,000 of assessed valuation with the 2020 levy amount being the base for calculating annual increases in 2021 - 2025 by the King County inflation plus population index or the 84.55 RCW limitation, whichever is greater. Should this proposition be: Approved? Rejected?_ SECTION 6. Distributions. Each distribution of levy proceeds to a King County town or city,the Woodland Park Zoological Society or its successor, or the Seattle Aquarium or its successor, for the eligible purposes identified in section 4 of this ordinance shall be subject to the execution of a contract between the county and each entity for the same purposes. Distribution of levy proceeds shall be subject to the execution of a contract for: the targeted equity grant program; publicly owned pool capital improvement projects and major maintenance repair or replacement projects; integrated floodplain management capital improvement projects and outreach and education; capital improvement projects and major maintenance repair or replacement projects to parks or recreation infrastructure in metropolitan park districts,towns or cities; and acquisition, conservation and stewardship of additional natural areas, resource or ecological lands, rights of way for regional trails and urban green spaces. SECTION 7. Parks levy oversight board established. A. If the proposition in section 5 of this ordinance is approved by the qualified electors of King County, a parks levy oversight board shall be appointed by the executive. The board shall consist of nine members. Each councilmember shall nominate a candidate for the board who resides in the councilmember's district no later than March 31, 2020. If the executive does not appoint by May 31, 2020,the person nominated by a councilmember, the executive must request that the councilmember should by June 30, 2020, nominate another candidate for appointment. Members shall be confirmed by the council. Members may not be elected or King County Page 11 of 12 Printed on 11/27/2019 powered by Legstar" EXHIBIT A File M 2019-0084, Version: 2 appointed officials of any unit of government, except that individuals serving in a civic capacity on a local board or commission would be eligible to serve on the parks levy oversight board. B. The board shall review the allocation of levy proceeds and progress on achieving the purposes of this proposition. On or before December 31, 2021, the board shall review and report to the King County executive, the King County council and the regional policy committee on the expenditure of levy proceeds for 2020. Thereafter, the board shall review and report to the King County executive, the King County council and the regional policy committee annually. Any report to the King County council under this section shall be made in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers. The board expires December 31, 2026. SECTION 8. Exemption. The additional regular property taxes authorized by this ordinance shall be included in any real property tax exemption authorized by RCW 84.36.381. SECTION 9. Ratification. Certification of the proposition by the clerk of the King County council to the director of elections in accordance with law before the election on August 6, 2019, and any other acts consistent with the authority and before the effective date of this ordinance are hereby ratified and confirmed. SECTION 10. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. King County Page 12 of 12 Printed on 11/27/2019 a,vere�by i_eg S?ar— ' EXHIBIT A King County Parks 2020 Budget Highlights • Programs first year of funding(-$115M)according to levy plan • Continue to operate, maintain, and repair existing King County Parks system • Grow and connect regional open space and accelerate land conservation • Build and improve regional trails and mobility (e.g. Eastrail, Lake to Sound, Interurban South) • Launch new and expanded grants programs that increase access to recreation and open space • Launch the youth conservation corps, an internship program for high school students • Increase access to recreation through direct funding to 39 towns and cities, Woodland Park Zoo, and Seattle Aquarium 2020 Estimated Parks Levy Proceeds $114,703,035 Reimbursement of Election Costs $1,522,000 Seattle Aquarium $1,941,750 Pools Capital Grant Program (includes$2.3M for KCAquatic Center) $3,425,000 Open Space Floodplains Grants $1,712,500 King County Parks Operating Fund (includes$1.5M for equity grants) $42,440,714 King County Parks Capital Program $49,867,839 • Open Space Acquisition/Land Conservation $13,494,486 • Regional and Public Trails $25,802,286 • Recreation Repair and Renovation $5,880,000 • Cities Capital Grant Program $2,780,000 • Community Partnerships and Grants $1,412,000 • Levy Administration Contribution $498,674 Cities within King County $8,488,143 • Distribution across 39 Cities $8,403,262 • Levy Administration Contribution $84,881 Woodland Park Zoo $5,305,089 • Distribution to Woodland Park Zoo $5,278,564 • Levy Administration Contribution $26,525 Total Budget $114,703,035 EXHIBIT 2020 1 2 3 ** City Total $251K $751K AV/Population Assessed Value Population Algona $32,000 $25,000 $0 $7,000 $582,509,640 3,190 Auburn $241,000 $25,000 $75,000 $141,000 $10,192,926,423 71,740 Beaux Arts Village $26,000 $25,000 $0 $1,000 $201,865,564 300 Bellevue $592,000 $25,000 $75,000 $492,000 $64,986,181,741 145,300 Black Diamond $110,000 $25,000 $75,000 $10,000 $868,851,309 4,525 Bothell $169,000 $25,000 $75,000 $69,000 $6,728,399,945 28,570 Burien $202,000 $25,000 $75,000 $102,000 $7,326,499,056 52,000 Carnation $30,000 $25,000 $0 $5,000 $348,969,934 2,220 Clyde Hill $43,000 $25,000 $0 $18,000 $2,942,813,919 3,055 Covington $139,000 $25,000 $75,000 $39,000 $2,751,011,207 20,280 Des Moines $162,000 $25,000 $75,000 $62,000 $4,356,985,778 31,580 Duvall $116,000 $25,000 $75,000 $16,000 $1,324,903,905 7,840 Enumclaw $123,000 $25,000 $75,000 $23,000 $1,557,893,969 12,200 Federal Way $281,000 $25,000 $75,000 $181,000 $11,393,138,728 97,840 Hunts Point $31,000 $25,000 $0 $6,000 $1,265,054,838 420 Issaquah $203,000 $25,000 $75,000 $103,000 $11,567,549,438 37,590 Kenmore $153,000 $25,000 $75,000 $53,000 $4,874,138,483 23,320 K t $366,000 .. ,, ► .. ..,�,,. .. 0,7 9A 9,4,64 129;800, Kirkland $353,000 $25,000 $75,000 $253,000 N $29,518,466,256 88,940 Lake Forest Park $132,000 $25,000 $75,000 $32,000 $3,251,063,509 13,250 Maple Valley $153,000 $25,000 $75,000 $53,000 $4,127,677,216 26,180 Medina $50,000 $25,000 $0 $25,000 $4,479,103,670 3,245 Mercer Island $200,000 $25,000 $75,000 $100,000 $14,686,554,631 24,470 Milton $27,000 $25,000 $0 $2,000 $120,768,488 1,195 Newcastle $133,000 $25,000 $75,000 $33,000 $3,624,539,957 12,450 Normandy Park $117,000 $25,000 $75,000 $17,000 $1,722,967,331 6,610 North Bend $116,000 $25,000 $75,000 $16,000 $1,466,838,997 6,965 Pacific $112,000 $25,000 $75,000 $12,000 $605,190,919 6,875 Redmond $296,000 $25,000 $75,000 $196,000 $23,766,332,331 65,860 Renton $326,000 $25,000 $75,000 $226,000 $19,152,024,315 104,700 Sammamish $272,000 $25,000 $75,000 $172,000 $18,871,723,019 64,410 Seatac $169,000 $25,000 $75,000 $69,000 $6,717,932,343 29,180 Seattle $2,214,000 $25,000 $75,000 $2,114,000 $244,938,709,301 747,300 Shoreline $225,000 $25,000 $75,000 $125,000 $10,942,263,005 56,370 Skykomish $25,400 $25,000 $0 $400 $30,098,074 205 Snoqualmie $134,000 $25,000 $75,000 $34,000 $3,469,519,169 13,670 Tukwila $158,000 $25,000 $75,000 $58,000 $6,685,919,176 20,930 Woodinville $136,000 $25,000 $75,000 $36,000 $4,173,910,805 12,410 Yarrow Point $33,000 $25,000 $0 $8,000 $1,396,430,058 1,040 $8,400,0001 $975,000 $2,250,000 $5,175,000 Notes 1. "twenty-five thousand dollars shall be distributed annually to each town and city;" 2. "an additional seventy-five thousand dollars shall be distributed annually to cities with a population greater than four thousand;" 3. "of the remainder,fifty percent shall be distributed in proportion to each town or city's population and fifty percent shall be distributed in proportion to the assessed value of parcels within each town or city;" Data Source *AV: King County Assessor's Office 2018 Assessed Value for 2019 Tax Year (to be updated in a few months with 2019 AV for 2020 Tax Year) ** Population:OFM April 1,2019 Population of Cities,Towns and Counties