ORDINANCE _________________

AN ORDINANCE relating to Conservation Futures Levy proceeds; authorizing the Mayor to amend the Interlocal Cooperation Agreement between the City of Seattle and King County as authorized by City of Seattle Ordinance 114978; and authorizing the deposit of 2010 allocations from King County Conservation Futures Levy proceeds into the City of Seattle's 2000 Parks Levy Fund, Cumulative Reserve Fund and 2009 Multi-purpose LTGO Fund.

WHEREAS, in 1989, King County Ordinance 9128 established the Conservation Futures Levy ("CFL") Fund, appropriated CFL proceeds to the City of Seattle ("City"), and established conditions for use of the proceeds, including allowable projects, costs, and expenses; and

WHEREAS, in 1990, City Ordinance 114978 authorized the CFL Interlocal Cooperation Agreement with King County to govern the receipt and use of CFL proceeds, and to define the specific projects ("Projects") approved by King County for acquisitions using CFL proceeds; and

WHEREAS, the City and King County have previously amended the CFL Interlocal Cooperation Agreement to add additional Projects and to provide for additional allocations of CFL proceeds; and

WHEREAS, the King County Council passed Ordinance 16717, the 2010 Budget Ordinance, on November 23, 2009, which appropriated, for 2010, a total of Two Million Six Hundred Thousand Dollars ($2,600,000) in CFL proceeds to the City of Seattle for the Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects; and

WHEREAS, the King County Council also passed Ordinance 16842 on May 24, 2010, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of CFL proceeds in King County Ordinance 16717; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Mayor or his designee is hereby authorized to negotiate and enter into an amendment to the Conservation Futures Levy (hereafter "CFL") Interlocal Cooperation Agreement, substantially in the form of Exhibit A (hereafter "Amendment"), to provide for the City's receipt and use of up to Two Million Six Hundred Thousand Dollars ($2,600,000) from the 2010 King County allocations of CFL proceeds. The Amendment will also add an Attachment Y to the list of Projects in the CFL Interlocal Cooperation Agreement to include Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects.

Section 2. Funds received pursuant to the Amendment shall be deposited as follows:

Section 3. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Exhibit A: Amendment to the Conservation Futures Interlocal Cooperation Agreement Between King County and the City of Seattle for Open Space Acquisition Projects

Attachment Y to Exhibit A: 2010 Conservation Futures Levy City of Seattle Allocations

Chip Nevins DPR Conservation Futures Levy 10 ORD September 2, 2010 Version #1

AMENDMENT TO THE CONSERVATION FUTURES

INTERLOCAL COOPERATION AGREEMENT

BETWEEN KING COUNTY AND THE CITY OF SEATTLE

FOR OPEN SPACE ACQUISITION PROJECTS

Preamble

The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle, and certain suburban cities through the procedures set forth in Ordinance 8867, as amended by Ordinance 14714. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition.

THIS AMENDMENT is entered into between the CITY OF SEATTLE and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.

The parties agree to the following amendments:

Amendment 1: Article 1. Recitals

A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects, and hereafter reads:

? On November 23, 2009, the King County Council passed Ordinance 16717, which appropriated a total of Two Million Six Hundred Thousand Dollars ($2,600,000) in Conservation Futures Levy proceeds to the City of Seattle for the Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects. On May 24, 2010, the King County Council passed Ordinance 16842, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16717.

Amendment 2: Article V. Conditions of Agreement

Section 5.1 is amended to include Attachment Y, which lists 2010 Conservation Futures Levy Allocations for the Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects.

Amendment 3: Article VII. Responsibilities of County

The first two sentences of this article are amended to include Attachment Y, which lists 2010 Conservation Futures Levy proceeds allocations for the Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects:

Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through Y to be used for the Projects listed in Attachments A through Y. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through Y. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement.

Amendment 4: Attachment Y

The attachments to the interlocal agreement are hereby amended to include references to Attachment Y, which is hereby attached to the interlocal agreement, incorporated therein, and made a part thereof.

In all other respects, the terms, conditions, duties, and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended.

This document shall be attached to the existing Interlocal Cooperation Agreement.

IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below:

KING COUNTY CITY OF SEATTLE

Dow Constantine Michael McGinn

King County Executive Mayor

Date Date

Acting under the authority of Acting under the authority of

Ordinance 16842 Ordinance:

Dated: Dated:

Approved as to form: Approved as to form:

Dan Satterberg Peter S. Holmes

King County Prosecuting Attorney Seattle City Attorney

Chip Nevins DPR Conservation Futures Levy 10 ORD EXH A September 2, 2010 Version #1 Exhibit A

ATTACHMENT Y

2010 CONSERVATION FUTURES LEVY

CITY OF SEATTLE ALLOCATIONS

Project Descriptions :

315444 Urban Village Park (Crown Hill)

This is a passive park in the Crown Hill neighborhood located on Northwest 90th Street and 15th Avenue Northwest. The property was acquired from the Seattle School District in 2009, which determined that the site was surplus to the needs of the District.

315445 Northgate Park (Hubbard Homestead Park)

This 3.73 acre project is a passive open space in the Northgate neighborhood of Seattle. The site, a former Park and Ride lot that was moved to another location, was acquired in 2009. The site is in a densely populated neighborhood and will help provide much needed open space in an underserved area as it continues to grow.

315446 Webster Park

This 0.8 acre open space acquisition project, on the site of the former Webster Elementary School in the Ballard neighborhood, was acquired from the Seattle School District in 2009. The project provides passive open space in a neighborhood underserved with open space.

City of Seattle : $2,600,000

Urban Village Park (Crown Hill), Northgate Park (Hubbard Homestead Park), and Webster Park acquisition Projects

Chip Nevins DPR Conservation Futures Levy 10 ORD EXH A ATT Y September 2, 2010 Version #1 Attachment Y to Exhibit A

Seattle King County CFT Interlocal Amendment Y