ORDINANCE _________________

AN ORDINANCE relating to the Neighborhood Parks, Green Spaces, Trails, and Zoo Levy; authorizing the acquisition of real property commonly known as Fremont Peak Park Addition; authorizing acceptance of the deed for open space, park and recreation purposes; abandoning an appropriation; authorizing acceptance of a donation; increasing appropriations to the Department of Parks and Recreation in the 2004 Budget; all by a three-fourths vote of the City Council.

WHEREAS, Ordinance 120024 proposed the Neighborhood Parks, Green Spaces, Trails, and Zoo Levy (hereafter, 2000 Parks Levy) to provide funding for, among other things, property acquisitions identified by neighborhood and community groups; and

WHEREAS, the voters of Seattle approved the 2000 Parks Levy on November 7, 2000; and

WHEREAS, the 2000 Parks Levy program includes an Acquisition and Development Opportunity Fund (hereafter, Opportunity Fund), making available up to Ten Million Dollars ($10,000,000) to fund acquisition and development projects not identified for funding in the remainder of the Levy program; and

WHEREAS, Ordinance 120024 established a Parks and Green Spaces Levy Oversight Committee (hereafter, Oversight Committee), with responsibilities to include adopting evaluation criteria and recommending Opportunity Fund awards to the Superintendent of Parks and Recreation, Mayor, and City Council; and

WHEREAS, at the urging of Fremont residents and business people, the City purchased the "Fremont Peak property" for open space, park and recreation purposes on August 23, 2002 under authority of Ordinance 120868; and

WHEREAS, the City has an opportunity to purchase a parcel adjacent to the "Fremont Peak property" (hereafter, Fremont Peak Park Addition); and

WHEREAS, the Oversight Committee recommended the purchase of the Fremont Peak Park Addition, with partial funding from the Opportunity Fund, at its July 26, 2004 meeting; and

WHEREAS, the Friends of Fremont Peak Park wish to make a donation to the City on behalf of the community for acquisition of Fremont Peak Park Addition; and

WHEREAS, the City has Seventy-eight Thousand Four Hundred Twenty-eight Dollars ($78,428) of interest earnings remaining in the Open Space and Trails Bond Fund, which it may appropriate for open space acquisition; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Contingent on receipt of the donation described in Section 4 below, the Superintendent of Parks and Recreation ("Superintendent") or his designee is authorized, on behalf of the City of Seattle, to acquire real property referred to as the Fremont Peak Park Addition for a purchase price not to exceed Four Hundred Thirty Thousand Dollars ($430,000). The legal description of Fremont Peak Park Addition (also referred to hereafter as Property) is as follows:

The south 50 feet of Lot 13, Block 10, Palatine Hill Addition to the City of Seattle, according to the plat thereof recorded in Volume 2 of Plats, page 166, in King County, Washington.

Section 2. The Superintendent or his designee is authorized to execute such documents as he deems necessary or desirable to accomplish acquisition of the Property consistent with this ordinance. Upon delivery of the statutory warranty deed for the Property, the Superintendent or his designee is authorized to accept the deed on behalf of the City of Seattle by attaching to the deed his written acceptance thereof, and to record the same. The Property shall be accepted for open space, park, and recreation purposes, and placed under the jurisdiction of the Department of Parks and Recreation.

Section 3. The appropriation for the following is abandoned from the fund shown, as follows:

Fund Department Budget Control Amount Level/Capital Improvement Program

1989 Open Space Parks and Greenbelt Acquisitions $ (78,428) and Trails Bond Recreation K72902 Fund (33620)

This abandoned appropriation is reappropriated in Section 5 below.

Section 4. The Superintendent is hereby authorized to accept a donation in the amount of Fifty-five Thousand Dollars ($55,000) from the Friends of Fremont Peak Park for the acquisition of the Property. The funds, when received, shall be deposited in the receiving fund identified below as partial reimbursement for the appropriation from the 2000 Parks Levy Fund described in Section 5 below.

Grantor Purpose Amount Receiving Fund

Friends of For the acquisition $55,000 2000 Parks Fremont Peak of Fremont Peak Levy Fund Park Park Addition (33850)

Section 5. To pay for the Property and for necessary related costs and expenses, the appropriations for the following in the 2004 Budget are increased from the funds shown, as follows:

Fund Department Budget Control Amount Level/Capital Improvement Program

2000 Parks Levy Parks and 2000 Parks Levy $ 349,211 Fund (33850) Recreation Opportunity Fund Acquisitions Program K723007

1989 Open Space Parks and 2000 Parks Levy $ 78,428 and Trails Bond Recreation Opportunity Fund Fund (33620) Acquisitions Program K723007

Parks and Recreation

2000 Parks Levy Opportunity Fund Acquisitions Program K723007

$ 78,428

Section 6. The foregoing appropriations are made to meet actual necessary expenditures of the City for which insufficient appropriation has been made due to causes that could not reasonably have been foreseen at the time of the adoption of the 2004 Budget.

Section 7. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 8. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by a three-fourths (3/4) vote of all the members of the City Council the ____ day of _________, 2004, and signed by me in open session in authentication of its passage this _____ day of __________, 2004.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2004.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004.

____________________________________

City Clerk

(Seal)

Lise A. Ward/LAW

DPR Fremont Peak ORD

08/02/04

version #2

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