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RESOLUTION NO. 3868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF AUBURN (THE CITY)
AND KING COUNTY (THE COUNTY) RELATING TO OPEN
SPACE ACQUISITION ON WESTERN STREET NORTHWEST,
AUBURN
WHEREAS, On February 27, 1989, the King County Council passed
Ordinance No. 8867, which established a process to allocate the proceeds of
the Conservation Futures Fund, including matching contribution requirements
for jurisdictions receiving funds; and
WHEREAS, On September 21, 1989, the King County Council passed
Ordinance No. 9128, which established a Conservation Futures Levy Fund to
provide for the receipt and disbursement of conservation future levy proceeds
and established conditions for use of the Fund, including conditions covering
allowable cost and expenses; and
WHEREAS, On July 21, 2003, the King County Council passed
Ordinance No. 14714, authorizing funding allocation procedures for King
County conservation futures tax levy collections and amending Ordinance No.
8867, Section 2, as amended, and King County Code (KCC) 26.12.020, adding
new sections to KKC chapter 26.12 and recodifying KCC 26.12.020; and
Resolution No. 3868
June 7, 2005
Page 1
WHEREAS, The Conservation Futures Citizens Committee has
recommended an allocation of Conservation Futures funds to specific projects
from the Conservation Futures Levy fund following notification to the suburban
cities that funds were available, provision of an opportunity for the suburban
cities to respond and receipt by the committee of requests for funding, all
pursuant to Ordinance No. 8867, as amended by Ordinance No. 14714; and
WHEREAS, The King County Council, by Ordinance No. 14797, has
approved the recommendation for the allocation of Conservation Futures Levy
funds to specific suburban city projects; and
WHEREAS, by Ordinance No. 15140 the King County Council authorized
King County to execute an interlocal cooperation agreement with the City
necessary for the disbursement of conservation futures tax levy funds for the
Western Street Habitat open space acquisition project (Project); and
WHEREAS, it is in the best interest of the City to use Conservation
Futures Fund monies to finance open space acquisition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are hereby authorized to execute
an Interlocal Cooperation Agreement between the City and the County, in
Resolution No. 3868
June 7, 2005
Page 2
substantial conformity with the agreement attached hereto, marked as Exhibit
"A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this i~day of ~, 2005.
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City Clerk
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Resolution No. 3868
June 7, 2005
Page 3
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King County
Department Of Natural Resources And Parks
Water And Land Resources Division
Open Space Acquisitions Unit
Attention: Pat Ross
MS - KSC-NR-600
201 SOUTH JACKSON, SUITE 600
Seattle, W A 98104-1614
(206) 296-8337
(206) 296-0192 FAX
CONFORMED COPY
20051007001604
KING COUNTY LA AG 0.00
PAGE00! OF 014
10/07/2005 13:46
KING COUNTY, WA
Interlocal Cooperation A!?:reement
Between Kin!?: County and the City of Auburn for
Open Space ACQuisition Proiects
October 7, 2005
Department:
DNRPIWLRD Open Space Acquisitions Section Unit
Parties
City of Auburn and
King County
Project:
Conservation Futures
INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY
AND THE CITY OF AUBURN FOR
OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into between
the CITY OF AUBURN ("City") and KING COUNTY ("County").
Article 1. Recitals
On February 27, 1989, the King County Council passed Ordinance 8867, which
established a process to allocate the proceeds of the Conservation Futures Fund, including
matching contribution requirements for jurisdictions receiving funds.
On September 21, 1989, the King County Council passed Ordinance 9128, which
established a Conservation Futures Levy Fund to provide for the receipt and disbursement
of conservation future levy proceeds and established conditions for use of the Fund,
including conditions covering allowable cost and expenses.
On July 21, 2003 the King County Council passed Ordinance 14714, authorizing
funding allocation procedures for King County conservation futures tax levy collections and
amending Ordinance 8867, Section 2, as amended, and K.C.C. 26.12.020, adding new
sections to K.C.C. chapter 26.12 and recodifYing K.C.C. 26.12.020.
The Conservation Futures Citizens Committee has recommended an allocation of
Conservation Futures funds to specific projects from the Conservation Futures Levy fund
following notification to the suburban cities that funds were available, provision of an
Exhibit A
Resolution No. 3868
Page 1 of 13
opportunity for the suburban cities to respond and receipt by the committee of requests for
funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714.
The King County Council, by Ordinance 14797, has approved the recommendation
for the allocation of Conservation Futures Levy funds to specific suburban city projects. By
Ordinance 15140 the King County Council authorized King County to execute an interlocal
cooperation agreement with the City necessary for the disbursement of conservation futures
tax levy funds for the Western Street Habitat open space acquisition project (Project).
Pursuant to King County Ordinances 8867, 9128, 14714, Washington Statute
Chapter 84.34 RCW and Washington Statute Chapter 39.34, the parties agree to follows:
Article II. Definitions
1. Open Space
The term "open space" or "open space land" means: (a) any land area so
designated by an official comprehensive land use plan adopted by any city or county and
zoned accordingly; or (b) any land area, the preservation of which in its present use would
(i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply;
or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance
the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural
reservations or sanctuaries or other open space, or (v) enhance recreational activities, or (vi)
preserve historic sites, or (vii) preserve visual quality along highway, road, and street
corridors or scenic vistas, or (viii) retain in its natural state tracts ofland of not less than one
Exhibit A
Resolution No. 3868
Page 2 of 13
acre situated in an urban area and open to public use on such conditions as may be
reasonably required by the legislative body granting the open space classification, or (c) any
land meeting the definition of farms and agricultural conservation under subsection (8) of
RCW 84..34.020. As a condition of granting open space classification, the legislative body
may not require public access on land classified under (b) (iii) of this subsection for the
purpose of promoting conservation of wetlands.
2. Project
The term "Project" means specific projects which meet open space criteria
as described in King County Ordinance 8867, as amended by Ordinance 14714, and RCW
84.34.020 and which are attached to and incorporated by reference in King County
Ordinance 14797 or added to the list of approved projects by the County.
3. Conservation Futures
The term "Conservation Futures" means developmental rights which may be
acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by eminent
domain, and may consist of fee simple or any lesser interest, development right, easement,
covenant, or other contractual right necessary to protect, preserve, maintain, improve
restore, limit future use of, or otherwise converse open space land, all in accordance with
the provisions of Washington Statute Chapter 84.34 RCW and King County
Ordinance 8867.
Exhibit A
Resolution No. 3868
Page3 of 13
Article III. Purpose of the Agreement
The purpose of this agreement is to create a cooperative arrangement between the
City and the County relating to the Projects and to define the terms and conditions
governing both parties' obligations created by this agreement.
Article IV. Term of Agreement
This agreement shall be continued in full force and effect and binding upon the
parties hereto upon execution of the agreement by both parties. The terms of the agreement
shall be indefinite. The agreement will be terminated if the City is unable or unwilling: 1)
to expend the funds provided through this agreement; 2) to satisfY the matching
requirements contained in this agreement; and 3) upon reimbursement by the City to the
County of all unexpended funds provided by the County pursuant to this agreement in the
manner and amounts described below.
Article V. Conditions of Agreement
Section 5.1 -- Project Descriptions. Funds available pursuant to this agreement may
be used only for the Projects listed in Attachment A, which is incorporated herein by
reference, or such substituted Projects as may be approved by the County as set forth below.
All County funded Projects must meet open space criteria as described in King County
Exhibit A
Resolution No. 3868
Page 4 of 13
Ordinance 8867, as amended by Ordinance 14714, and Washington Statute Chapter
84.34.020 RCW.
Section 5.2 -- Use of Funds. ~und~rrovided to the City pursuant to this agreement
~as 'Nel!~~s funds provided by the City as match pursuant to this agreement may be used only
for expenses related to property acquisition. Those expenses include appraisals, title
searches, negotiations, administrative overhead, and the cost of actual acquisition or
purchase options, all in accordance with the provisions of Section 3 of Ordinance 9128.
Funds utilized pursuant to this agreement may not be used to purchase land obtained
through the exercise of eminent domain.
Section 5.3 -- Substitution/Deletion of Projects. If the City does not proceed with
the Projects described in Section 5.1 of this agreement, the City may reimburse the County
all funds provided in good faith to acquire the property for open space, plus accrued interest
earnings on the unexpended balance. Alternatively, the City may submit specific requests
for project reprogramming to the County for its approval. All projects proposed for
reprogramming must meet open space criteria as described in King County Ordinance 8867,
Section 1, as amended by Ordinance 14714, and Washington Statute Chapter 84.34.020
RCW, be submitted for recommendation by the County's Citizens Oversight Committee or
its successor and be approved by action of the King County Council. All reprogramming
requests shall be submitted to the County's Department of Natural Resources Capital
Projects and Open Space Acquisition Section or its successor.
Exhibit A
Resolution No. 3868
Page 5 of13
Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent
domain to acquire the property all funds provided pursuant to this agreement plus accrued
interest on such funds shall be reprogrammed as provided in this agreement or repaid to the
County.
Article VI. Responsibilities of the Citv
Section 6.1 -- Matching Requirements. Any Project funded by Conservation
Futures Levy proceeds shall be supported by the City in which the Project is located with a
matching contribution which is no less than the amount of Conservation Futures Levy funds
_ <tllocated to the Project. This contribution may be in the form of cash, land trades with a
valuation verified by an appraisal conducted by a MIA certified appraiser, or credits for
other qualifYing open space acquired on or after January 1, 1989. Any City match, other
than cash, shall require County approval. County approval and County acceptance of the
City's match will be transmitted in writing to the City by the County's Manager of Open
Space & Resource Lands or their successor in functions.
If the Project involves two or more suburban cities, those cities shall determine the
allocation of the contributions to the matching requirements of this agreement, so long as
the total match is no less than the amount of Conservation Futures Levy funds provided by
the County.
Such matching contribution must be available within two years of the City's
application for County funds to support Projects identified herein or approved substitute
Projects.
Exhibit A
Resolution No. 3868
Page 6 of 13
If such commitment is not timely made, the County shall be released from any
obligation to fund the Project in question, and the City shall reimburse the County all funds
provided to the City pursuant to this agreement plus accrued interest on such funds. All
such moneys will be available to the County to reallocate to other approved Projects. By
appropriate legislature action taken not more than 60 days following the effective date of
this agreement, the City shall commit to contribute its required match.
Section 6.2 -- Project Description. As part of the application to receive
Conservation Futures Levy funds from the County, the City shall submit the following
. information concerll,iIlI:L ~ac:~. pr()ject: 1) a narrative description of the project; 2) a
description of the specific uses for Conservation Futures Levy funds in the Project; and 3) a
description of the means by which the City will satisfY the matching requirements contained
in this agreement.
Section 6.3 -- Reporting. All funds received pursuant to thisag,re",IE.e11.tan<! ac~~ed
interest therefrom will be accounted for separately from all other City funds, accounts and
moneys. Until the property described in the Project is acquired and all funds provided
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pursuant to this agreement expended, the City shall provide an annual written report to the
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County within 30 days of theelld of",i1c:~r.eI-",'V~~!~~-",_period~_1:~~~~lll_!ep()rt~hall
contain the following information: a) an accounting of all cash. expenditures an<!_
encumbrances for support of the Project; b) the status of each ProJ.'ect and an..y changes to the
.. ...... ... ...........,. -'..-.--.-
. approved time line; and c) other relevant information requested by the County for._the
purpose of deteTI11inillg co11lpliance with this agreemellt.
Exhibit A
Resolution No. 3868
Page? of13
Following acquisition ofthe property and expenditure of all funds provided pursuant
to this agreement, the City shall provide the County with a final report, within 90 days of
the end of the calendar year in which all funds were expended. Said report shall contain a
summary of all project expenditures, a description of the project status and
accomplishments and other relevant information requested by the County for the purpose of
verifYing compliance with this agreement.
The City shall also provide the County, within 90 days of the end of each calendar,
an annual report which specifies any change in the status ofthe Project during the prior year
and any change in the status of the Project which the City Reasonably anticipates during the
ensumg year. Such reports shall be required only if a change has taken place or is
anticipated, except as provided above for ongoing and final project reports. All such reports
shall be submitted to the County's Department of Natural Resources, Open Space &
Resource Lands, or its successor.
Section 6.4 -- Disposition of Remaining Funds.
If the City does not expend all funds provided through this agreement and no
substitute project is requested or approved as to the excess funds, such funds shall be
refunded to the County. For purposes of this section, "funds" shall include all moneys
provided by the county plus interest accrued by the City on such moneys.
Section 6.5 -- Maintenance in Perpetuity. The City, and any successor in interest,
agree to maintain properties acquired with funds provided pursuant to this agreement as
open space in perpetuity. If the City changes the status or use of properties acquired with
Exhibit A
Resolution No. 3868
Page 8 of 13
funds provided pursuant to this agreement to any purpose, the City shall pay the County an
amount in cash to be mutually determined or substitute other property acceptable to the
County. In either case, the value of the property shall be established at the time of the
change in status or use, based upon the changed status or use and not based on its value as
open space.
Upon changes in status and/or use of the property acquired herein, at its own cost,
the City will provide the County an independent MIA appraisal in accordance with this
section. The value established by the appraisal will not be binding on the County. The City
shall provide the County with written notice prior to the change of use and shall reimburse
the County within 90 days of such notification. Reimbursement not received within 90 days
will accrue interest at the then legal rate.
Article VII. Responsibilities of the County
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy funds in the amount shown in Attachment A. The City may request additional
funds; however, the County has no obligation to provide funds to the City in excess of the
amount shown in Attachment A. The County assumes no obligation for future support of
the Projects described herein except as expressly set forth in this agreement.
Article VIII Other Provisions
Section 8.1 -- Hold Harmless and Indenmification.
A. The County assumes no responsibility for the payment of any compensation,
fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others
Exhibit A
Resolution No. 3868
Page 9 of 13
by reason of this agreement. The City shall protect, indemnifY and save harmless the
County, its officers, agents and employees from any and all claims, cost and whatsoever
occurring or resulting from: 1) the City's failure to pay any compensation, fees, wages,
benefits or taxes; and 2) the supplying to the City of works services, materials or supplies by
City employees or agents or other contractors or suppliers in connection with or in support
of performance of this agreement.
B. The City further agrees that it is financially responsible for and will repay
the County all indicated amounts following an audit exception, which occurs due to the
negligent or intentional acts of this agreement by the City, its officer, employees, agent or
representatives.
C. The City shall protect, indemnifY and save harmless the County from any
and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the City, its officers, employees or agents.
For purpose of this agreement only, the City agrees to waive the immunity granted it for
industrial insurance claims pursuant to Washington Statute Chapter 51 to the extent
necessary to extend its obligations under this paragraph to any claim, demand, or cause of
action brought by or on behalf of any employee, including judgments, awards and costs
arising therefrom including attorney's fees.
Section 8.2 -- Amendment. The parties reserve the right to amend or modifY this
agreement. Such amendments or modifications must be by written instrument signed by the
parties and approved by the respective City and County Councils.
Exhibit A
Resolution No. 3868
Page 10 of 13
Section 8.3 -- Contract Waiver. No waiver by either party of any term or condition
of this agreement shall be deemed or construed to be a waiver of any other term or
condition, nor shall a waiver of any breach be deemed to constitute a waiver of any
subsequent breach whether of the same or different provision of this agreement. No waiver
shall be effective unless made in writing.
Section 8.4 -- Entirety. This agreement is the complete expression of the terms
hereto and any oral representations or understandings not incorporated are excluded. This
agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the projects and constitutes the entire agreement between the
parties. The parties recognize that time is of the essence in the performance of the
provisions of this agreement.
Exhibit A
Resolution No. 3868
Page 11 of 13
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces put forth below:
KING COUNTY
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King County Executive
Mayor
Date: /D/alOs-
Acting undelthe' authority of
Ordinance 15140
Date:
AUG 15 2005
Approved as to form:
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King County Prosecuting Attorney
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Auburn City Attorney
12
eFT Interlocal Auburn - King County
2004 Proceeds
,
,
2004 CONSERVATION FUTURES LEVY
CITY OF AUBURN
ALLOCATION
Jurisdiction
Project
Allocation
AUBURN
Western Street Habitat acquisition
$165,000
TOTAL
$165,000
PROJECT DESCRIPTION:
315711 Auburn CFL (Western Street Habitat Acquisition)
West Street Habitat acquisition: This 2-parcel, 4-acre property is primarily a meadow
located on the western side of Western Street, adjacent to State Route 167. The project is
adjacent to the city-owned open space to the north. A bus parking circle and lot proposed
for the southerly parcel of this project may not exceed 15% of the project surface area and
will not incur into the western half of either project parcel.
City of Auburn - Western Street Habitat acquisition
$165,000
CFT lnterlocal Auburn - King County
2004 Proceeds