CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Opportunity Fund category of the 2008 Parks and Green Spaces Levy; accepting the recommendations of the 2008 Parks and Green Spaces Levy Oversight Committee; authorizing the acquisition of real property commonly known as 48th Ave. SW & SW Charlestown , Baker Park Expansion, and South Park Plaza; authorizing acceptance of the deeds for open space, park, and recreation purposes; amending the 2013 Adopted Budget and 2013-2018 Capital Improvement Program; increasing appropriations in connection thereto; and ratifying and confirming certain prior acts, all by a three-fourths vote of the City Council.

WHEREAS, Ordinance 122749 authorized a proposition to be submitted to Seattle's voters that would levy for up to six years regular property taxes in excess of the limitation on levies in Chapter 84.55 RCW for the purposes of acquiring, developing, or restoring parks, recreation facilities, cultural facilities, green spaces, playfields, trails, community gardens, and shoreline areas; and

WHEREAS, the proposed 2008 Parks and Green Spaces Levy (2008 Parks Levy) was approved by Seattle voters on November 4, 2008; and

WHEREAS, the 2008 Parks Levy program includes an Opportunity Fund, making available up to $15,000,000 to fund acquisition and development projects not identified for funding in the remainder of the 2008 Parks Levy program; and

WHEREAS, Ordinance 122749 established a Parks and Green Spaces Levy Oversight Committee (Oversight Committee), with responsibilities to include adopting evaluation criteria and recommending Opportunity Fund awards to the Superintendent, Mayor, and City Council; and

WHEREAS, the Oversight Committee recommended two funding cycles for the Opportunity Fund and has conducted an extensive public process regarding acquisition and development projects to be funded in the first funding cycle; and

WHEREAS, the Oversight Committee recommended the allocation of $8,000,000 for the Opportunity Fund's second funding cycle; and

WHEREAS, the Mayor and City Council express their gratitude to the members of the Oversight Committee for their generous donation of time and expertise in adopting evaluation criteria, soliciting candidate projects, evaluating projects, and making recommendations for funding awards; and

WHEREAS, certain new projects are not presently included in the 2013-2018 Capital Improvement Program; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The development project awards recommended by the Parks and Green Spaces Levy Oversight Committee, as listed in Attachment 1, are accepted.

Section 2. The acquisitions recommended by the Parks and Green Spaces Levy Oversight Committee are accepted, except that less than the entire property of each property designated below may be acquired. The Superintendent of Parks and Recreation or the Superintendent's designee is authorized to acquire, for fair market value as determined by appraisal, real property, or any portion thereof, commonly known as: (a) 48th Ave. SW & SW Charlestown , (b) Baker Park Expansion, and (c) South Park Plaza.

The legal descriptions are as follows:

48th Ave. SW & SW Charlestown

Real property in the County of King, State of Washington, described as follows:

Lots 5 through 9, inclusive, Meade Park, according to the Plat thereof recorded in Volume 43 of Plats, page 43, in King County, Washington.

Tax Parcel Number: 539860-0025

Baker Park Expansion

Real property in the County of King, State of Washington, described as follows:

East one-half of the South one-half of Tract 7, Scheuerman's Garden Acre Tracts No. 2 to the City of Ballard, according to the plat thereof recorded in Volume 9 of Plats, page 91, in King County,Washington.

Tax Parcel Number: 758920-0136-07

South Park Plaza

Real property in the County of King, State of Washington, described as follows:

PARCEL A :

LOTS 1 THROUGH 6, INCLUSIVE, AND LOTS 47 THROUGH 50, INCLUSIVE, ALL IN BLOCK 15, EAST SOUTH PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 14 OF PLATS, PAGE 13, IN KING COUNTY, WASHINGTON.

EXCEPT THAT PORTION CONVEYED TO KING COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, RECORDED APRIL 21, 2010 UNDER RECORDING NO. 20100421000082.

PARCEL B :

LOTS 7 AND 8, BLOCK 15, EAST SOUTH PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 14 OF PLATS, PAGE 13, IN KING COUNTY, WASHINGTON;

EXCEPT THE WEST 4 FEET OF SAID LOT 8.

PARCEL C :

LOTS 45 AND 46, BLOCK 15, EAST SOUTH PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 14 OF PLATS, PAGE 13, IN KING COUNTY, WASHINGTON.

Tax Parcel Number: 218500-1045-08, 218500-1075-01 and 2185001275-09

Section 3. The Superintendent of Parks and Recreation or the Superintendent's designee is authorized to undertake such investigations and to execute such documents as deemed necessary or desirable to accomplish the acquisition of the properties described in Section 2 above and to accept the deeds for the Properties by attaching to the deeds the Superintendent's written acceptance and recording them. The Properties shall be accepted for open space, park, and recreation purposes, and placed under the jurisdiction of the Seattle Department of Parks and Recreation.

Section 4. In order to pay for necessary capital costs and expenses incurred, or to be incurred, but for which insufficient appropriations were made due to causes that could not reasonably have been foreseen at the time the 2013 budget was adopted, the appropriation for the following item in the 2013 Adopted Budget is increased from the funds shown, as follows:

Section 5. The 2013-2018 Adopted Capital Improvement Program is hereby amended to include the following new projects and allocations as described in Attachment 1of this ordinance which total $6,431,000:

These modifications shall operate for the purposes of increasing or decreasing the base for the limit imposed by Subsection (4c) of Ordinance 124058.

Section 6. The capital appropriations in the 2013 Adopted Budget and project allocations in the 2013-2018 Adopted Capital Improvement Program for the Department of Parks and Recreation are modified as follows:

The funding and/or scope of the above project is modified in the 2013-2018 Adopted Capital Improvement Program (CIP) as shown in Attachment 2 (Opportunity Fund Acquisitions -2008 Parks Levy (K730040). This modification shall operate for the purposes of increasing or decreasing the base for the limit imposed by Subsection (4c) of Ordinance 124058.

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

Section 8. This ordinance shall take effect and be in force 30 days 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 a three-fourths (3/4) vote of all the members of the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1: 2008 Parks Levy Project Descriptions-Department of Parks and Recreation Capital Improvement Program A

Attachment 2: Opportunity Fund Acquisitions -2008 Parks Levy Project (K730040) Capital Improvement Program Project A

Description

Gerry Asp/Norm Schwab DPR 2nd Round Opportunity Fund ORD August 2, 2013 Version #4

Form Last Revised: April 24, 2012 14

Description

Gerry Asp/Norm Schwab DPR 2nd Round Opportunity Fund ORD August 2, 2013 Version #4