Drafter
Clerk 12/11/2007
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AN ORDINANCE authorizing the King County executive to execute an intergovernmental agreement with the King County Flood Control Zone District for King County to provide services to the King County Flood Control Zone District.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. In January 2007, the King County council adopted the King County Flood Hazard Management Plan ("the plan").
B. The plan recommended the creation of a countywide flood control zone district to address the far-reaching and significant threats to public health and safety and economic activities posed by flooding throughout the county.
C. In April 2007, King County adopted Ordinance 15728, creating the King County Flood Control Zone District, a countywide flood control zone district, as authorized by chapter 86.15 RCW.
D. Under chapter 86.15 RCW, the district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution. A flood control zone district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes, including but not limited to, the power to enter into contracts.
E. The district is authorized and intends to adopt a property tax levy in order to implement and adopted annual budget with both capital projects and work programs for enhanced flood protection.
F. The district requests that King County provide services to it.
G. King County is authorized by chapter 86.12 RCW to provide flood management and protection services and is willing and able to perform the services requested by the district.
H. King County has the experience and expertise to provide services to the district related to flood control.
I. The parties can achieve cost savings and benefits that are in the public's interest by having King County provide such services to the district.
J. Chapter 39.34 RCW authorizes counties to enter into agreements to provide services to other governmental agencies such as Attachment A to this ordinance.
K. RCW 86.15.060(1) provides that "administration of the affairs of zones shall be in the county engineer." For the purpose of the implementation of any agreements between King County and the district, the county engineer shall be a professional engineer within the water and land resources division of the department of natural resources and parks.
SECTION 2. The county executive is hereby authorized to execute an intergovernmental agreement, substantially in the form of Attachment A to this ordinance, with the King County Flood Control Zone District for the provision of services.
SECTION 3. The agreement is intended to serve as the general framework to allow for the immediate implementation of the district's annual scope of services by the county. The district and county jointly acknowledge the general nature of the agreement and the need to develop the appropriate detailed reporting and accounting procedures necessary for the long-term implementation of the agreement, and commit by December
31, 2008, to amending this agreement accordingly in order to incorporate such detail into the agreement.
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