Drafter
Clerk 09/06/2011
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AN ORDINANCE authorizing the King County executive to enter into an interlocal agreement with the city of Bellevue and the King County flood control zone district for the transfer of assets and responsibilities of the former South West Lake Sammamish flood control zone district to the city of Bellevue and to King County.
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STATEMENT OF FACTS:
1. The South West Lake Sammamish flood control zone district ("SWLSFCZD") was formed pursuant to RCW 86.15 in June 1964 through adoption of Resolution 28067 by the King County board of commissioners, which is Exhibit One to Attachment A to this ordinance, the proposed interlocal agreement by and among the King County flood control zone district ("KCFCZD"), the city of Bellevue ("Bellevue") and King County.
2. Revenues and taxes were collected by the SWLSFCZD and were used to further the purposes of the SWLSFCZD, including the construction and maintenance of a number of storm water control facilities, and some portion of those collected revenues and taxes remains unspent.
3. On April 25, 2007, the King County council adopted Ordinance 15728, which authorized the formation of the KCFCZD and dissolved all previously existing flood control districts in King County, including the SWLSFCZD.
4. As a result of the enactment of Ordinance 15728, the responsibilities and assets of the SWLSFCZD were transferred to the KCFCZD.
5. Most of the area of the former SWLSFCZD is within the city of Bellevue and some portion remains in King County; both jurisdictions have storm water management regulations and programs that address storm water conveyance and have financing mechanisms to fund the programs.
6. The original purposes for which the SWLSFCZD was established can now be satisfied by the stormwater programs of Bellevue and King County, and the parties desire that the responsibilities of the former SWLSFCZD, and all of its facilities, funds, and property interests, be transferred to Bellevue or King County.
7. The parties agree that any storm water related real property interests that are owned by King County within both the former SWLSFCZD's boundaries and Bellevue's municipal boundaries should also be transferred to Bellevue.
8. The parties agree that any documentation that may be in the possession of King County or KCFCZD related to the storm water facilities and real property interests formerly owned by the SWLSFCZD, or currently owned by King County, within both the boundaries of the former SWLSFCZD and the municipal boundaries of Bellevue, should be provided to Bellevue.
9. Pursuant to RCW 39.34, the Interlocal Cooperation Act, the Parties are each authorized to enter into an agreement for cooperative action.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County executive is hereby authorized to enter into an interlocal agreement in substantially the same form as Attachment A to this ordinance, with Bellevue and the King County flood control zone district for the purpose of transferring responsibilities and assets of the former South West Lake Sammamish flood control district to Bellevue and to King County, as a result of the abolishment of the South West Lake Sammamish flood control district and transferring to Bellevue any drainage facilities or drainage real property interests of King County that are located
within both the boundaries of the South West Lake Sammamish flood control district and the city of Bellevue.