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AN ORDINANCE authorizing the executive to enter into an interlocal agreement between King County and the YMCA of Greater Seattle for transfer of the Mount Rainier Pool; and declaring an emergency.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. King County is facing a multi-year fiscal crisis that is forcing major cuts in all non-mandated government services funded by the current expense fund and as a result does not have a sufficient, stable source of revenue to continue to operate and maintain the Mount Rainier Pool.
B. Due to its fiscal crisis, King County desires to divest itself of ownership, management, and financial responsibility for pools, parks, open space, recreational facilities and programs inside and near city boundaries.
C. The county has explored many options for keeping the pool open, and has contacted local jurisdictions and others to determine if any would be willing to own, operate and maintain the pool. No local jurisdiction has been willing to agree to take responsibility for the ownership, operation and maintenance of the pool. As a result, the county has determined that the best available option for keeping the pool open is to transfer the pool to the YMCA of Greater Seattle (YMCA).
D. YMCA is a non-profit corporation that has a great deal of experience in operating public recreational facilities.
E. As a result of being developed with Forward Thrust funds authorized by King County Resolution 34571, the pool cannot legally be converted from being used for public recreation purposes without substitute replacement facilities being provided.
F. Because the county does not have the funds to continue to operate and maintain the pool and because the pool may only be used for public recreation purposes, the pool is surplus to the county's needs.
G. The fiscal crises facing the county requires that the pool be mothballed and unavailable for public use at the end of this year unless the pool is transferred to an entity that can operate and maintain the pool. As a result, the executive has declared an emergency requiring the immediate transfer of the pool to YMCA in order to avoid any service disruption at, or mothballing or closure of, the pool. Under these unique circumstances the immediate transfer of the pool to YMCA is in the best interest of the public and this transfer is exempt from the requirements of K.C.C. ch. 4.56. Moreover, this ordinance must be adopted on an emergency basis.
H. King County and the YMCA have agreed to terms of a Pool Transfer Agreement for the transfers of the Mount Rainier Pool to the YMCA whereby YMCA will continue to operate and maintain the pool for the use of the general public.
I. The recitals in the agreement set forth relevant facts supporting and explaining the terms of the transfers.
J. The equipment and supplies being conveyed along with the pool are integral to the continued operation and maintenance of the pool and are surplus to the county's needs.
K. King County and YMCA have agreed that the transfer will take place within thirty days following execution of the Pool Transfer Agreement and receipt of executed assignments to YMCA, of the underlying real property lease for the pool, in which YMCA will assume the county's obligations under the lease.
L. Transfer of the pool under the terms and conditions of the attached agreement will serve an important county purpose by ensuring that the pool will remain open and available to all county residents.
SECTION 2. The King County executive is hereby authorized to enter into a Pool Transfer Agreement, substantially in the form of the attached agreement, with the YMCA relating to the transfer of the Mount Rainier Pool.
SECTION 3. For the reasons set forth in section 1 of this ordinance, the county council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions.
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area paper 10 and not more than 25 days prior
news release/display format
Hearing: December 16, 2002
Newspaper: Seattle Times
Publishing: Thursday, December 5, 02
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