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AN ORDINANCE authorizing the executive to enter into an interlocal agreement between King County and the Northwest Center Recreation LLC for transfer of the Mary Wayte pool and the Northshore Costie/Ruiz 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 multiyear fiscal crisis that is forcing major cuts in all nonmandated 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 Mary Wayte pool and the Northshore Costie/Ruiz pool (together, "the pools").
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 pools open, and has contacted local jurisdictions and others to determine if any would be willing to own, operate and maintain the pools. No local jurisdiction or other entity has been willing to agree to take responsibility for the ownership, operation and maintenance of any of the pools. As a result, the county has determined that the best available option for keeping the pools open is to transfer the pools to Northwest Center Recreation LLC ("NWC").
D. NWC is a nonprofit limited liability company affilitated with Northwest Center, a Washington non-profit corporation that has a history of providing services to disabled persons in King County and operating complex facilities.
E. As a result of being developed with Forward Thrust funds authorized by Resolution 34571, the pools 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 pools and because the pools may only be used for public recreation purposes, the pools are surplus to the county's needs.
G. The fiscal crisis facing the county requires that the pools be mothballed and unavailable for public use at the end of this year unless the pools are transferred to an entity that can operate and maintain the pools. As a result, the executive has declared an emergency requiring the immediate transfer of the pools to NWC in order to avoid any service disruption at, or mothballing or closure of, the pools. Under these unique circumstances the immediate transfer of the pools to NWC is in the best interest of the public and these transfers are exempt from the requirements of K.C.C. chapter 4.56. Moreover, this ordinance must be adopted on an emergency basis.
H. Without this transfer of the pools to NWC, immediate closure of the pools will be necessary.
I. King County reasonably believes this transfer will allow the pools to remain open and available to the public at least until the expiration of the leases for the real property on which the pools were constructed or until a replacement pool is constructed.
J. King County and the NWC have agreed to terms of a pool transfer agreement for the transfers of the pools to the NWC whereby NWC will continue to operate and maintain the pools for the use of the general public.
K. The recitals in the agreement set forth relevant facts supporting and explaining the terms of the transfers.
L. The equipment and supplies being conveyed along with the pools are integral to the continued operation and maintenance of the pools and are surplus to the county's needs.
M. King County and the NWC have agreed that the transfers will take place within thirty days following execution of the pool transfer agreement and receipt of executed assignments to NWC, of the underlying real property leases for the pools, in which NWC will assume the county's obligations under the leases.
N. Transfer of the pools under the terms and conditions of the attached agreement will serve an important county purpose by helping to ensure that the pools 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 Northwest Center Recreation LLC relating to the transfer of the Mary Wayte pool and the Northshore Costie/Ruiz 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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aea 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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