HomeMy WebLinkAbout5053 RESOLUTION NO. 5 0 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN
AND KING COUNTY FOR THE 2014-2019 PARKS PROPERTY
TAX LEVY ALLOCATION
WHEREAS, the King County Council approved Ordinance 17568 in April
2013 authorizing the placement on the August 6, 2013 primary election ballot
Proposition 1, which proposed establishing a $ 1877 six-year property tax levy
to finance King County parks operations and maintenance, park property
acquisition, and park property and trail improvements, including distribution of
funding to cities in King County for said purposes; and
WHEREAS, voters in King County approved King County Proposition 1
on August 6, 2013; and
WHEREAS, King County requires each city in King County to approve
and sign a Parks Property Tax Levy Agreement, the approval of which
authorizes King County to distribute property tax levy funding to the City of
Auburn and obligates the City of Auburn to make specific annual reports to
King County regarding the use of said property tax levy funds; and
WHEREAS, the anticipated distribution to the City of Auburn in 2014 is
$125,222, which will be deposited into the Parks Construction Fund (Fund No
321).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows.
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Resolution No. 5053
March 12, 2014
Page 1 of 2
Section 1. The Mayor of the City of Auburn is hereby authorized to
execute the Parks Property Tax Levy Agreement between the City of Auburn
and King County, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this
reference.
Section 2. The Mayor is also hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force and effect upon passage
and signatures hereon.
Dated and Signed this '� day of . 2014.
CITY OF AUBURN
!NANCY A KUS
MAYO
ATTEST:
a
Danielle Daskam, City Clerk
AP OV. ED
B
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Resolution No. 5053
March 12, 2014
Page 2 of 2
PARICS PROPERTY TAX LEVY AGREEMENT
between
ICING COUNTY & (CITY) Auburn
This Parks Property Tax Levy Agreement(the "Agreement") is made and entered into as of
APRIL 2014, by and between ICING COUNTY, apolitical subdivision of the state of
Washington(the"County") and the City of Auburn a Slate 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 Icing 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 Icing County residents in the future.
F. The Icing 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, Icing County voters approved Proposition No. 1 Parks Levy that
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authorized an additional six year properly 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 opporhmities, 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 Auburn , Slate 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.
I-I. "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 amoral amounts
transferred shall never exceed the CITY's proportionate share of the CITY
Proceeds actually collected and appropriated by King County,
2, Administrative Pee. 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: Daryl Faber, Parks & Recreation Director
City Name: City of Auburn
Mailing Addressl: 25 W. Main St.
Mailing Addressl:
City, State, Zip Code: Auburn WA 98001
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: ICS C-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 mailer
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 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 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. I-Ioadings 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. 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 70 day of , 2014.
KING COUNTY, a Washington municipal CITY OF Auhurn , a
corporation Washington municipal corporation
By l By .
Its %ks ASS % " Its 1114
By authority of Ordinance No. 17568
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