Drafter
Clerk 11/05/2012
title
AN ORDINANCE relating to the cultural development authority reflecting changes made to RCW 67.28.180 by the state Legislature in 2011; making technical corrections; amending Ordinance 8300, Section 2, as amended, and K.C.C. 2.48.020, Ordinance 14440, Section 3, as amended, and K.C.C. 2.49.200 , Ordinance 12807, Sections 6 and 7, as amended, and K.C.C. 4A.520.020 and Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 and repealing Ordinance 14433, Section 2, as amended, and K.C.C. 4.08.195.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 14433, Section 2, as amended, and K.C.C. 4.08.195 are each hereby repealed.
SECTION 2. Ordinance 8300, Section 2, as amended, and K.C.C. 2.48.020 are each hereby amended to read as follows:
Words in this chapter have their ordinary and usual meanings except those defined in this section, which have, in addition, the following meanings. If there is conflict, the specific definitions in this section shall presumptively, but not conclusively, prevail.
A. "Charter" means the articles of organization of the cultural development authority adopted by the county and all amendments thereto.
B. "Cultural development authority" or "authority" means the cultural development authority of King County established under K.C.C. chapter 2.49.
C. "Cultural education" means the sequential and comprehensive study of the elements of the various arts and heritage forms and how to use them creatively, including instruction in skills, critical assessment, the history of the arts and heritage forms and aesthetic judgment.
D. "Cultural facilities" means publicly accessible buildings and structures that are used primarily for the performance, exhibition or benefit of arts and heritage activities, including, but not limited to, performing arts, visual arts, heritage and cultural endeavors.
E. "Cultural programs" means the programs for cultural education, cultural facilities, special projects and sustained support.
F. "Cultural resources" means community and regional programs and projects relating to performing, visual, literary and other arts; public and civic art; heritage; museum and archival collections; historic preservation; cultural education; and cultural organizations, institutions and attractions.
G. "Culture" means the arts and heritage disciplines, which include, but are not limited to, dance, drama, theatre, music, visual arts, literary arts, media arts, performing arts, traditional and folk arts, ethnic arts and history, heritage and historic preservation.
H. "Fixed assets" means tangible objects such as machinery or equipment intended to be held for ten years or more that will benefit cultural institutions.
I. "Heritage" means King County's history, ethnic history, indigenous and traditional culture, folklore and historic and archaeological resources and those projects and programs initiated by the authority to preserve King County's heritage and to support community and regional heritage organizations and public agencies in such efforts.
J. "Historic preservation" means the preservation or conservation of the county's historic and archaeological resources and those programs and projects initiated by the authority to foster such preservation or conservation through non-regulatory activities such as interpretation, community education and outreach, cultural tourism and rehabilitation of historic resources.
K. "Hotel-motel tax revenues" means funds designated for cultural purposes as described in RCW 67.28.180 and deposited into the arts and cultural development fund and the cultural resources ((endowment fund)) special account and used for the purposes described in this chapter and K.C.C. chapter 4.42.
L. “Individual artist” means an artist acting individually and independently without affiliation to or with another individual, group or organization.
SECTION 3. Ordinance 14440, Section 3, as amended, and K.C.C. 2.49.200 are each hereby amended to read as follows:
A. Hotel-motel revenues deposited in The King County arts and cultural development fund, created under K.C.C. 4.08.190, shall be administered by the cultural development authority.
B. Hotel-motel revenues deposited in the King County arts and cultural development fund shall be used to support the cultural programs described in K.C.C. chapter 2.48: cultural facilities; cultural education; special projects; and sustained support. The hotel-motel revenues in the fund shall also support related administration of those programs by the cultural development authority.
C. Through December 31, 2012, at least forty percent of the hotel-motel revenues appropriated to the arts and cultural development fund and transferred to the cultural development authority shall be deposited in an account and used to establish cultural endowment. Principle and interest shall be managed by the cultural development authority in accordance with RCW 67.28.180(3)(a).
D. After allocating the hotel-motel portion of the arts and cultural development fund to administer cultural programs ((and to build the cultural endowment)), the cultural development authority shall divide the hotel-motel revenues in the arts and cultural development fund between arts programs and heritage programs, but at least twenty percent of the revenue shall be allocated to heritage programs.
E. Beginning January 1, 2002, using revenues generated in 2001, outstanding debt service obligations shall be financed from hotel-motel revenues in the arts and cultural development fund. The obligations incurred before December 31, 2002, shall be managed by the department of executive services and paid by the cultural development authority.
F. After deducting the amount necessary to meet debt service obligations, the cultural development authority shall allocate hotel-motel revenues intended to support arts programs from the arts and cultural development fund as follows:
1. For cultural facilities and sustained support, eighty percent of remaining arts program revenues, but sustained support shall receive at least thirty percent of the eighty percent; and
2. For special projects and cultural education, twenty percent of remaining arts program revenues, but special projects shall receive at least thirty-four percent of the twenty percent.
G. After deducting the amount necessary to meet debt service allocations, the cultural development authority shall allocate hotel-motel revenues intended to support heritage programs from the arts and cultural development fund as follows:
1. For cultural facilities and sustained support, seventy percent of remaining heritage program revenues, but sustained support shall receive at least twenty percent of the seventy percent;
2. For special projects, thirty percent of remaining heritage program revenues, and
H. Hotel-motel revenues from the arts and cultural development fund shall not be used to support services and programs to be provided by the King County landmarks commission for land use regulation and archaeological resource management purposes as described in K.C.C. chapter 20.62.
SECTION 4. Ordinance 12807, Sections 6 and 7, as amended, and K.C.C. 4A.520.020 are each hereby amended to read as follows:
A. Refinancing of Kingdome debt and dedication of hotel-motel tax revenue. It is the intent of the County to issue bonds to repay or refinance all or a portion of the existing bonded debt on the Kingdome, including but not limited to roof repairs, claims, and related costs. Such bonds, to be approved by future ordinance, shall be limited to tax general obligation bonds to which the county will also pledge the hotel-motel tax authorized by RCW 67.28.180, as amended by Referendum 48 sec. 501. Revenues received from such tax from January 1, 2013 through December 31, 2015 in excess of the amount required for this purpose shall be ((transferred to the stadium and exhibition center account under RCW 67.28.180(3)(b))) deposited in the cultural resources special account.
B. Pledge to maintain and continue taxes. The county hereby pledges to maintain and continue the taxes authorized in RCW 36.38.010(5), 67.28.180 and ((RCW)) 36.38.040, until the bonds authorized in RCW 43.99N.020 are fully redeemed, both principal and interest. The county further pledges and dedicates to the repayment of the bonds issued to finance a stadium and exhibition center the full 2.0 percent hotel-motel tax during the years 2016 through 2020 in accordance with RCW 67.28.180 and 82.14.049 ((together with excess revenues from such tax during the years 2013 through 2015 beyond that needed to pay Kingdome debt)).
SECTION 5. Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 are each hereby amended to read as follows:
A. First tier funds and fund managers are as follows:
Fund No. |
Fund Title |
Fund Manager |
103 |
County Road |
Dept. of Transportation |
104 |
Solid Waste Landfill Post Closure Maintenance |
Dept. of Natural Resources and Parks |
106 |
Veterans' Relief |
Dept. of Community and Human Services |
109 |
Recorder's O & M |
Dept. of Executive Services |
111 |
Enhanced-911 Emergency Tel System |
Dept. of Executive Services |
112 |
Mental Health |
Dept. of Community and Human Services |
113-5 |
Mental Illness and Drug Dependency |
Dept. of Community and Human Services |
114-1 |
Veterans' Services Levy |
Dept. of Community and Human Services |
114-2 |
Health and Human Services Levy |
Dept. of Community and Human Services |
115 |
Road Improvement Guaranty |
Dept. of Transportation |
117 |
Arts and Cultural Development |
Dept. of Executive Services |
119 |
Emergency Medical Services |
Dept. of Public Health |
121 |
Surface Water Management |
Dept. of Natural Resources and Parks |
122 |
Automated Fingerprint Identification System |
Dept. of Public Safety |
124 |
Citizen Councilor Revolving |
Auditor |
128 |
Local Hazardous Waste |
Dept. of Public Health |
129 |
Youth Sports Facilities Grant |
Dept. of Natural Resources and Parks |
131 |
Noxious weed control fund |
Dept. of Natural Resources and Parks |
134 |
Development and Environmental Services |
Dept. of Development and Environmental Services |
137 |
Clark Contract Administration |
Office of Performance, Strategy and Budget |
138 |
Parks Trust and Contribution |
Dept. of Natural Resources and Parks |
139 |
Risk Abatement |
Office of Performance, Strategy and Budget |
145 |
Parks and Recreation |
Dept. of Natural Resources and Parks |
156-1 |
KC Flood Control Operating Contract |
Dept. of Natural Resources and Parks |
164 |
Two-Tenths Sales Tax Revenue Receiving |
Dept. of Transportation |
165 |
Public Transit Self Insurance |
Dept. of Transportation |
180-1 |
Public Health Healthcare Coalition |
Dept. of Public Health |
215 |
Grants tier 1 fund |
Dept. of Executive Services |
216 |
Cultural Resource Mitigation Fund |
Office of Performance, Strategy and Budget |
315 |
Conservation Futures |
Dept. of Natural Resources and Parks |
316 |
Parks, Rec. and Open Space |
Dept. of Natural Resources and Parks |
320 |
Public Art Fund |
Dept. of Executive Services |
322 |
Housing Opportunity Acquisition |
Dept. of Community and Human Services |
329 |
SWM CIP Construction 1992-1997 |
Dept. of Natural Resources and Parks |
331 |
Long-Term Leases |
Dept. of Executive Services |
338 |
Airport Construction |
Dept. of Transportation |
339 |
Working Forest 1995 B |
Dept. of Natural Resources and Parks |
340 |
Park Lands Acquisition 1993 |
Dept. of Natural Resources and Parks |
340-3 |
Urban Reforestation and Habitat Restoration |
Dept. of Natural Resources and Parks |
341 |
Arts and Historic Preservation Capital |
Dept. of Executive Services |
342 |
Major Maintenance Reserve |
Dept. of Executive Services |
346 |
Regional Justice Center Construction |
Dept. of Executive Services |
347 |
Emergency Communications System |
Dept. of Executive Services |
349 |
Parks Facilities Rehabilitation |
Dept. of Natural Resources and Parks |
350 |
Open Space Acquisition |
Dept. of Natural Resources and Parks |
357-1 |
KC Flood Control Capital Contract |
Dept. of Natural Resources and Parks |
358 |
Parks Capital Fund |
Dept. of Natural Resources and Parks |
364-3 |
Transit Cross-Border Lease Financing Fund |
Dept. of Executive Services |
368 |
Real Estate Excise Tax Capital Summary Fund |
Dept. of Performance Strategy and Budget |
369 |
Transfer of Development Credits Program (TDC) Fund |
Dept. of Natural Resources Parks |
377-1 |
KCIT Capital Fund |
Dept. of Information Technology |
378 |
KCIT Enterprise Services Capital Improvement Fund |
Dept. of Information Technology |
381 |
Solid Waste Cap Equip Recovery |
Dept. of Natural Resources and Parks |
383 |
Solid Waste Environmental Reserve |
Dept. of Natural Resources and Parks |
384 |
Farmland and Open Space Acquisition |
Dept. of Natural Resources and Parks |
385 |
Renton Maintenance Fac. Const |
Dept. of Transportation |
386 |
County Road Construction |
Dept. of Transportation |
390 |
Solid Waste Construction |
Dept. of Natural Resources and Parks |
391 |
Landfill Reserve |
Dept. of Natural Resources and Parks |
394 |
Kingdome CIP |
Dept. of Executive Services |
395 |
Building Capital Improvement |
Dept. of Executive Services |
396 |
HMC Building Repair and Replacement |
Dept. of Executive Services |
404 |
Solid Waste Operating |
Dept. of Natural Resources and Parks |
429 |
Airport Operating |
Dept. of Transportation |
453-1 |
Institutional Network Operating Fund |
Dept. of Information Technology |
461 |
Water Quality |
Dept. of Natural Resources and Parks |
464 |
Public Transportation |
Dept. of Transportation |
542 |
Safety and Workers' Compensation |
Dept. of Executive Services |
544 |
Wastewater Equipment Rental and Revolving Fund |
Dept. of Transportation |
546 |
Department of Executive Service Equipment Replacement |
Dept. of Information Technology |
547 |
KCIT Strategy and Performance Operating Fund |
Dept. of Information Technology |
550 |
Employee Benefits Program |
Dept. of Executive Services |
551 |
Facilities Management |
Dept. of Executive Services |
552 |
Insurance |
Dept. of Executive Services |
557 |
Public Works Equipment Rental |
Dept. of Transportation |
558 |
Motor Pool Equipment Rental |
Dept. of Transportation |
((603 |
Cultural Resources Endowment
|
Dept. of Executive Services
|
622 |
Judicial Administration Trust and Agency |
Dept. of Judicial Administration |
624 |
School District Impact Fee |
Office of Performance, Strategy and Budget |
674 |
Refunded Ltd GO Bond Rdmp. |
Dept. of Executive Services |
675 |
Refunded Unltd GO Bond |
Dept. of Executive Services |
676 |
H&CD Escrow |
Dept. of Executive Services |
693 |
Deferred Compensation |
Dept. of Executive Services |
694 |
Employee Giving Program Contributions |
Dept. of Executive Services |
696 |
Mitigation Payment System |
Dept. of Transportation |
840 |
Limited GO Bond Redemption |
Dept. of Executive Services |
843 |
DMS Limited GO Bonds |
Dept. of Executive Services |
851 |
Stadium GO Bond Redemption |
Dept. of Executive Services |
890 |
ULID Assessment - 1981 |
Dept. of Transportation |
1010 |
Climate Exchange Fund |
Office of Performance, Strategy and Budget |
1411 |
Rainy Day Reserve |
Office of Performance, Strategy and Budget |
1421 |
Children and Families Services |
Dept. of Community and Human Services |
1432 |
Animal Bequest Fund |
Dept. of Executive Services |
1471 |
Historical Preservation and Historical Programs Fund |
Dept. of Executive Services |
1590 |
Marine Division Operating Fund |
Dept. of Transportation |
3590 |
Marine Division Capital Fund |
Dept. of Transportation |
5490 |
Business Resource Center Fund |
Dept. of Executive Services |
B. The following shall also be first tier funds:
1. All funds now or hereafter established by ordinance for capital construction through specific road improvement districts, utility local improvement districts or local improvement districts. The director of the department of transportation shall be the fund manager for transportation-related funds. The director of the department of natural resources and parks shall be the fund manager for utility-related funds.
2. All county funds that receive original proceeds of borrowings made under Chapter 216, Washington Laws of 1982, as now existing or hereafter amended, to the extent of the amounts then outstanding for the borrowings for that fund. For purposes of this subsection, the director of the county department or office primarily responsible for expenditures from that fund shall be the fund manager.
3. Any other fund as the council may hereinafter prescribe by ordinance to be
invested for its own benefit. County funds shall be treated as provided in K.C.C. 4.10.110 unless a designation is made by the council.