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AN ORDINANCE relating to an aquatic lease with the state of Washington, acting through the Department of Natural Resources, granting King County the use of a portion of aquatic lands located in Quartermaster Harbor, specifically those aquatic lands associated with the public dock at Dockton park, for the purpose of continuing to allow public recreational use and access; amending Ordinance 18556, Section 1, and declaring an emergency.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Ordinance 18556, enacted July 26, 2017, authorized the King County executive to renew an aquatic lease with the state of Washington, acting through the state Department of Natural Resources, granting King County the use of a portion of aquatic lands located in Quartermaster Harbor, specifically those aquatic lands associated with the public dock at Dockton park, for the purpose of continuing to allow public recreational use and access.
B. Subsequently, the state of Washington state Department of Natural Resources requested to amend Section 4 of the lease agreement, which is the section about rent, to explicitly state that the state will charge the county water-dependent rent should the county's use cease to allow for free or reduced rent for public use and access that meets the requirements of WAC 332-30-131.
C. On August 9, 2017, the state Department of Natural Resources notified the parks and recreation division that the state Department of Natural Resources required revised language in the lease related to rent payments. On August 19, 2017, the parks and recreation division staff notified a council staff member of the proposed change and stated the belief that the change was minor and that this change does not impact the manner in which the parks and recreation division operates or allows public access to the facility.
D. In 2012, the executive received a $373,000 Washington State Recreation and Conservation Office grant that will be used towards capital improvements to the public dock at Dockton Park. Department of natural resources and parks staff has expressed urgency in the concern that this grant will be at risk if the revised lease is not executed promptly.
E. Emergency enactment of this ordinance is necessary to allow immediate authorization and execution of the revised proposed lease.
SECTION 2. Ordinance 18556, Section 1, is hereby amended to read as follows:
The King County executive is authorized to enter into an aquatic lease between the King County parks and recreation division and the Washington state Department of Natural Resources, substantially in the form of Attachment A to ((Ordinance 18556)) this ordinance for the state owned aquatic lands located waterward of the property located at 9500 SW Dock Street, Vashon, WA 98070, and to take all actions necessary to implement the terms of the aquatic lease.
SECTION 3. The county council finds as a fact 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.