Res 93-142
RESOLUTION NO.
93-142
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 SCHOOL SITE #40.
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 proj ects,
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 # 93-142
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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 School site #40 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
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 #
93-142
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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 Adelaide/Lakota properties; and
3.
Due diligence has been exerted by City of Federal
Way
staff
for
the
acquisition
of
the
Adelaide/Lakota
properties; and
4.
All attempts at negotiation for the acquisition of
the 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
properties; and
6.
Abandonment of the properties would make available
funds in the amount of $560,000.00 for reallocation; and
7.
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 School site #40 Property was made available for
acquisition by the city of Federal Way; and
8.
The School site #40 Property represents a unique
opportunity for acquisition by the City which would advance
the purpose of the Bond for preservation of significant open
RES #
93-142
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spaces within the city of Federal Way by providing a needed
open space facility for the West Campus area; and
9.
The reallocation by the County council for Open
Space Bond monies to be used for the acquisition of the School
site #40 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 School site
#40 Property.
RES #
93-142
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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
4th
day of
Mav
, 1993.
CITY OF FEDERAL WAY
~?~~
MAYOR, ROBERT STEAD
. SWANEY, CMC
TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-142
May 4,1993
May 4, 1993
I: ILA IKA THLEER 1RES00SISTERS . BND
RES # 93-142
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