File #: 2012-0402    Version: 1
Type: Ordinance Status: Passed
File created: 10/1/2012 In control: Budget and Fiscal Management Committee
On agenda: Final action: 11/5/2012
Enactment date: 11/9/2012 Enactment #: 17461
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.
Sponsors: Joe McDermott
Indexes: Budget, Culture
Code sections: 2.48.020 - , 2.49.200 - ., 4.08.015 - , 4.08.195 - ., 4A.520.020 - .
Attachments: 1. Ordinance 17461.pdf, 2. 2012-0402 transmittal letter.doc, 3. 2012-0402 fiscal note.xls, 4. 2012-0402 Staff report (10-24-12).doc, 5. 2012-0402 Staff Report (10-31-12).doc
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  Ordinance 14433, Section 2, as amended, and K.C.C. 4.08.195 are each hereby repealed.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.  Â“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.