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HomeMy WebLinkAbout3868 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. C A --> ~ ATTEST: &:?i,!.~ City Clerk \ "'-- Resolution No. 3868 June 7, 2005 Page 3 @@[P>W 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 -- -- ,.... -,-, pursuant to this agreement expended, the City shall provide an annual written report to the ~ .- ----_.-. ..~...._..__. ,-".-,-,_._.--.,.....'., ---_..._.__._-_._-_.--.._.,.,--~"._------ 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 /' R~S ~~ f-- King County Executive Mayor Date: /D/alOs- Acting undelthe' authority of Ordinance 15140 Date: AUG 15 2005 Approved as to form: ./ f\ / \ /1 1/ "/~ ' 1. r#!!~ King County Prosecuting Attorney , 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