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Res 93-134 RESOLUTION NO. 93-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE APPLICATION TO KING COUNTY OPEN SPACE BOND COMMITTEE AND KING COUNTY COUNCIL FOR REALLOCATION OF CITY OF FEDERAL WAY OPEN SPACE BOND FUND BALANCES FROM EXISTING PROJECTS TO A NEW BOND PROJECT FOR ACQUISITION OF PROPERTY COMMONLY KNOWN AS THE SISTERS OF VISITATION MONASTERY. WHEREAS, King County voters in 1989 approved an open space bond project creating a Public Open Space, Park and Trails Fund ("Open Space Fund") for the acquisition of significant properties within King County; and WHEREAS, the Open Space Bond Fund designated certain amounts of Bond Proceeds to be allocated among city of Federal Way Project categories; and WHEREAS, the Public Open Space, Parks and Trails Fund Ordinance defined a process where, in the event of anticipated bond proceeds, including but not limited to, excess interest earnings, and/or project completion at less than estimated cost, and/or abandonment of projects, the effected governmental agency may reallocate the unanticipated proceeds through its normal legislative process for a new project; and WHEREAS, the Ordinance further provides that the County Council may reallocate Funds to new projects after receipt of the recommendation from the citizen's Oversight Committee and in agreement with the effected agencies for new projects within the RES # 93-134 - PAGE 1 COpy same Project category from which the Funds are realized and that are consistent with purposes of the Bond; and WHEREAS, the reallocation by the County Council for new projects not referenced in the Bond Fund Ordinance or its Exhibit may occur after review and transmittal by the Citizen Oversight Committee of appropriate recommendations for the use of the Funds; and WHEREAS, abandonment of a project requires a determination and Findings of Fact by the affected agency through its formal legislative process that changed conditions or new information developed after approval of the Bond Ordinance prevented the practical accomplishment or clearly indicates that the project would no longer serve its intended purpose; and WHEREAS, the city Council of the city of Federal Way, Washington, having been advised of the status of the existing Open Space Bond Projects, and having been further advised of the availability of the acquisition of property commonly referred to as the Sisters of Visitation Monastery Property, desire to make application to both the King County Council and the Citizens Oversight Committee for reallocation of Open Space Bond Funds to this new project, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Federal Way City Council hereby makes the following Findings of Fact in support of this recommendation for reallocation of Open Space Funds: RES # 93-134 - PAGE 2 1. The allocation of Open Space Bond Projects occurred before the incorporation of the City of Federal Way; and 2. Projects allocated funding within the Open Space Bond Projects include two (2) Spring Valley properties, Lake Killarney project, Hylebos Projects #1 and #2, and the SW 363rd property; and 3. Due diligence has been exerted by city of Federal Way staff for the acquisition of the Spring Valley properties; and 4. All attempts at negotiation for the acquisition of the Spring Valley properties have failed and the Federal Way City Council declines to condemn private property for acquisition under the Open Space Bond Program; and 5. The circumstances represent changes in conditions since the above properties were identified as appropriate acquisitions under the 1989 Open Space Bond Project which prevents the practical accomplishment of acquisition of the Spring Valley properties; and 6. Abandonment of the Spring Valley properties would make available funds in the amount of $759,580.00 for reallocation; and 7. Purchases of the Lake Killarney, Hylebos Project #1 and #2 and SW 363rd properties have resulted in accrued remaining balances in the amount of $663,420.00 plus interest savings of $200,000.00 which amounts are now available for reallocation to new projects; and RES # 93-134 - PAGE 3 8. New information is available to the City of Federal Way City Council which has developed after approval of the 1989 Bond Ordinance which reveals that the property commonly known as the Sisters of Visitation Monastery Property was recently made available for acquisition by the City of Federal Way; and 9. The Sisters of Visitation Monastery Property represents a unique opportunity for acquisition by the City which would advance the purpose of the Bond for preservation of significant open spaces within the city of Federal Way; and 10. The reallocation by the County Council for Open Space Bond monies to be used for the acquisition of the Monastery Property would advance the interest of the Bond Ordinance, and be in the best interest of the City of Federal Way and the citizens of King County. SECTION 2. The Federal Way City Council hereby directs the city Manager or his or her designee to make proper application to the King County open space Citizen Oversight Committee and to the King County Council for reallocation of project Bond Funds to the new project for acquisition of property known as the Sisters of Visitation Monastery Property. RES # 93-134 - PAGE 4 SECTION 3. Effective Date. This resolution shall be effective immediately upon passage as provided by law. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of April , 1993. CITY OF FEDERAL WAY ~(~~ MAYOR, ROBERT STEAD ATTEST: ~q¡,~ c~~ CI~ ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: April 20, 1993 PASSED BY THE CITY COUNCIL: April 20, 1993 RESOLUTION NO. 93-134 Kathkeru..oluti..."Utcn.bod RES # 93-134 - PAGE 5