File #: 2004-0388    Version:
Type: Ordinance Status: Passed
File created: 8/16/2004 In control: Budget and Fiscal Management Committee
On agenda: 10/4/2004 Final action: 10/4/2004
Enactment date: 10/14/2004 Enactment #: 15034
Title: AN ORDINANCE approving and adopting the settlement agreement negotiated among King County, the city of Bellevue and the plaintiffs in Newport Shores Yacht Club et al. v. City of Bellevue et al., authorizing the executive to implement the terms of the agreement through an interlocal agreement with the city of Bellevue and other appropriate measures.
Sponsors: Carolyn Edmonds
Indexes: Agreement, Bellevue, City of, Interlocal Agreement
Attachments: 1. Ordinance 15034.pdf, 2. 2004-0388 Ad Summary.doc, 3. 2004-0388 Coal Creek Settlement 08-25-04 Staff Report, 4. 2004-0388 Coal Creek Settlement 09-15-04 Revised staff report, 5. 2004-0388 Coal Creek Settlement 09-15-04 staff report, 6. 2004-0388 Fiscal Note.doc, 7. 2004-0388 Hearing Notice.doc, 8. 2004-0388 News Release.doc, 9. 2004-0388 Transmittal Letter.doc, 10. A. Coal Creek Settlement Agreement Final, 11. B. Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue
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AN ORDINANCE approving and adopting the settlement agreement negotiated among King County, the city of Bellevue and the plaintiffs in Newport Shores Yacht Club et al. v. City of Bellevue et al., authorizing the executive to implement the terms of the agreement through an interlocal agreement with the city of Bellevue and other appropriate measures.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. William and Leanne Weinstein, together with the Newport Yacht Club, which represents the homeowners of Newport Shores, filed a federal lawsuit against King County ("the county") and the city of Bellevue ("the city"), captioned Newport Yacht Club v. City of Bellevue, No. 03 2534 Z, in which the Weinsteins and the Yacht Club alleged that sediment and storm water from the county's Coal Creek Park ("the park") and storm water from the city of Bellevue storm water system interfere with property in Newport Shores and violate state and federal environmental laws. The City and the County have answered and denied all liability alleged in the operative complaint.
B. The parties to the suit have negotiated a settlement agreement, subject to approval by the King County council and the Bellevue city council.
C. King County executive Ron Sims and representatives of the other parties signed the negotiated settlement agreement in counterpart documents between August 4 and August 6, 2004.
D. On August 2, 2004, the Bellevue city council approved execution of the settlement agreement.
E. The negotiated settlement agreement provides that by November 15, 2004 the county will transfer title to two properties to the city: the park, and a separate multi-use parcel known as Surrey Downs.
F. The negotiated settlement agreement provides that the county will also provide: $2.5 million for capital improvements; $75,000 for attorney's fees; and $30,000 for maintenance dredging, resulting in a total cash contrib...

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