I WGNUMBERS BGT. CEO 20001gg(o 11,22; J(p I EXECUTIVE/COUNCIL APPROVAL FORM MANAGEMENT ROUTING: TO: COUNCIL CHAIRPERSON: EXECUTIVE SNOHOMISH COUNTY COUNCIL EXEC. DIR. DIRECTOR/ELECTED DEPARTMENT DIY. MGR. DIVISION ORIGINATOR DATE \\ /22/I(R Council Brandi Vena DOCUMENT TYPE: BUDGET ACTION: Emergency Appropriation Supplemental Appropriation Budget Transfer CONTRACT: New Amendment DOCUMENT I AGENDA TITLE: EXECUTIVE RECOMMENDATION: Approve No Recommendation Further Processing Requested Bv Executive Office Signature CEO StaffReview ------.--- Received at Council Office L B GRANT APPLICATION ORDINANCE _ Amendment to Ord. # PLAN _L OTHER I I 1\ 1221 I~ CALLING FOR A SPECIAL ELECTION RELATING TO ESTABLISHMENT OF A LIBRARY CAPITAL FACILITY AREA TO BE KNOWN AS THE LAKE STEVENS LIBRARY CAPITAL FACILITY AREA, ISSUANCE OF GENERAL OBLIGATION BONDS UP TO THE AMOUNT OF $17,000,000 FOR A LIBRARY FACILITY, AND IMPOSITION OF EXCESS LEVIES TO RETIRE THE BONDS APPROVAL AUTHORITY: EXECUTIVE COUNCIL CITE BASIS ------------------------- HANDLING: NORMAL EXPEDITE URGENT X DEADLINE DATE 12-16-2016 PURPOSE: Directing the Auditor to place measures on the February 14, 2017 ballot creating the Lake Stevens Capital Facility Area and authorizing that Area to incure indebtedness to finance capital improvements, to issue up to $17M in bonds to finance this indebtedness, and to levy excess property taxes to repay the bonds. BACKGROUND: The city of Lake Stevens and the Sno-lsle Intercounty Rural Library Improvement District passed resolutions on October 11, 2016 and October 24, 2016, respectively, requesting that the Snohomish County Council submit to voters at a special election on February 14, 2017 separate ballot propositions providing for the establishment of a libarary capital facitlity area and to issue bonds. The boundaries of the LCFA are coextensive with the Lake Stevens School District. The deadline for Council action in order for the initiative to be on the February 14, 2017 ballot is December 16, 2016.
FISCAL IMPLICATIONS: EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENTYR 2NDYR 1ST 6 YRS I TOTAl TOTAL DEPARTMENT FISCAL IMPACT NOTES: BUDGET REVIEW: Analyst CONTRACT INFORMATION: ORIGINAL AMENDMENT CONTRACT PERIOD: ORIGINAL AMENDMENT Start Start CONTRACT I PROJECT TITLE: CONTRACT # CONTRACT # Administrator End End AMOUNT AMOUNT Recommend Approval $ $ CONTRACTOR NAME & ADDRESS (City/State only): APPROVED: RISK MANAGEMENT Yes No COMMENTS PROSECUTING ATTY- AS TO FORM: Yes ~[A' No OTHER DEPARTMENTAL REVIEW I COMMENTS: ELECTRONIC ATTACHMENTS : (:tist & inelude f}ath & filename for eaeh:;--~docname Motion) G.\ t:car\co.ar'lci\ \ 2 CQ3 7gz0- ~CAf. oloc)' G =\ I:::CAf\ COtA11Gil \ 200-SS/.&~C, ~ MotiOVI. ot OC)( G :\t:.caf\ Col!ltiCfl \ 2009/rlR'(Q - At\-ote,~vnef\t. pcl9 NON-ELECTRONIC ATTACHMENTS: 2
SNOHOMISH COUNTY COUNCIL Snohomish County, Washington MOTION NO. 16-487 CALLING FOR A SPECIAL ELECTION RELATING TO ESTABLISHMENT OF A LIBRARY CAPITAL FACILITY AREA TO BE KNOWN AS THE LAKE STEVENS LIBRARY CAPITAL FACILITY AREA, ISSUANCE OF GENERAL OBLIGATION BONDS UP TO THE AMOUNT OF $17,000,000 FOR A LIBRARY FACILITY, AND IMPOSITION OF EXCESS LEVIES TO RETIRE THE BONDS WHEREAS, by Resolution 2016-19 on October 11, 2016, the City of Lake Stevens approved creation of a library capital facility area to be known as the Lake Stevens Library Capital Facility Area and requested that the Snohomish County Council submit to the voters at a special election on February 14, 2017, separate ballot propositions providing for establishment of the library capital facility area and for issuance of indebtedness and imposition of excess levies to retire the indebtedness; and WHEREAS, by Resolution 16-05 on October 24, 2016, the Sno-lsle Intercounty Rural Library Improvement District also approved creation of a library capital facility area to be known as the Lake Stevens Library Capital Facility Area and requested that the Snohomish County Council submit to the voters at a special election on February 14, 2017, separate ballot propositions providing for establishment of the library capital facility area and for issuance of indebtedness and imposition of excess levies to retire the indebtedness; and WHEREAS, City of Lake Stevens Resolution 2016-19 and Sno-lsle Intercounty Rural Library District Resolution 16-05 provide for submission to the Snohomish County Council of a Joint Request for Establishment of the Lake Stevens Library Capital Facility Area requesting that the County Council submit to the voters of the proposed area two ballot propositions at the February 14, 2017, special election; and WHEREAS, City of Lake Stevens Resolution 2016-19 and Sno-lsle Intercounty Rural Library District Resolution 16-05 provide for submission to the Snohomish County Council of a Memorandum of Understanding Concerning Lake Stevens Library Facilities and Services setting forth the agreements and understandings between the parties for submission of the proposed ballot propositions to the voters at the February 14, 2017 special election; and WHEREAS, the County Council record includes City of Lake Stevens Resolution 2016-19 and Sno-lsle Intercounty Rural Library District Resolution 16-05, along with the Joint Request for Establishment of the Lake Stevens Library Capital Facility Area dated October 24, 2016, which includes language describing the boundaries of the proposed library capital facility area as those boundaries that are coextensive with the Lake Stevens School District; and Motion No. 16-487 Calling for a special election relating to establishment of a Library Capital Facility Area to be known as the Lake Stevens Library Capital Facility Area, issuance of General Obligation Bonds up to the amount of $17,000,000, etc. Page 1
WHEREAS, Chapter 27.15 RCW directs the county legislative authority for the county in which the proposed library capital facility area is to be established to submit separate ballot propositions to the voters as provided herein; NOW, THEREFORE, ON MOTION, pursuant to Chapter 27.15 RCW, the Snohomish County Council hereby calls for a special election to be held within the boundaries of the proposed Lake Stevens Library Capital Facility Area as referenced above on February 14, 2017, and directs the County Auditor to place separate propositions on the ballot in substantially the following form: Proposition 1: The Snohomish County Council adopted Motion No. 16-xxx concerning a proposition establishing the Lake Stevens Library Capital Facility Area,. This proposition would establish the Lake Stevens Library Capital Facility Area, with boundaries that are coextensive with those of the Lake Stevens School District, with all the powers provided in chapter 27.15 RCW, including the power to construct, acquire, maintain and remodel library facilities. Should this proposition be: APROVED o REJECTED o Proposition 2: The Snohomish County Council adopted Motion no. 16-xxx concerning a proposition to finance a library facility. This proposition would authorize the Lake Stevens Library Capital Facility Area to acquire, construct, furnish and equip a new library in Lake Stevens; to incur indebtedness to finance such improvements through the issuance of up to seventeen million dollars ($17,000,000) in general obligation bonds maturing within 20 years; and to levy annual excess property taxes to repay such bonds. Should this proposition be: APROVED o REJECTED o PASSED this day of, 2016. SNOHOMISH COUNTY COUNCIL Snohomish County, Washington ATTEST: Chairperson Asst. Clerk of the Council Motion No. 16-487 Calling for a special election relating to establishment of a Library Capital Facility Area to be known as the Lake Stevens Library Capital Facility Area, issuance of General Obligation Bonds up to the amount of $17,000,000, etc. Page 2
SNO-ISLE LIBRA R '0 7312 35th Avenue NE Marysville, WA 98271 360 651 7000 877-SNO ISLE sno isle.org October 26, 2016 Council Chair Terry Ryan Snohomish County Council 3000 Rockefeller Ave., MIS 609 Everett, WA 98201 Dear Council Chair Ryan: Attached are the documents that constitute the written request fi om Sno-Isle Libraries and the City of Lake Stevens to submit to the Snohomish County voters of Lake Stevens two ballot propositions at the February 14, 201 7 election. The first is for the establishment of the Lake Stevens Library Capital Facility Area, and the second is to authorize the Library Capital Facility Area to issue bonds to construct a new library facility. The attached documents include resolutions from the Library District and the City, a Joint Request, and a Memorandum of Understanding. Proposition 1: The Snohomish County Council adopted Resolution No. _, concerning a proposition to establish the Lake Stevens Library Capital Facility Area, with boundaries that are coextensive with those of the Lake Stevens School District. This proposition would establish the Lake Stevens Library Capital Facility Area with all the powers provided in chapter 27.1 5 RCW, including the power to construct, acquire, maintain and remodel library capital facilities. Shall this proposition be: APPROVED 0 REJECTED 0 Proposition 2: The Snohomish County Council adopted Resolution No._, concerning a proposition to enable the Lake Stevens Library Capital Facility Area to finance a library facility. This proposition would authorize the Lake Stevens Library Capital Facility Area to acquire, construct, furnish and equip a new library in Lake Stevens; to incur indebtedness to finance such improvements through the issuance of up to seventeen million dollars ($17,000,000) in general obligation bonds maturing within 20 years; and to levy annual excess property taxes to repay such bonds. Shall this proposition be: APPROVED 0 REJECTED 0 Thank you again for your assistance. Please feel free to call me at (360) 651-7008 ifyou have any questions. ~_jerely, ~ ~ ~~ory ~ ~ Executive Director Enclosures Cc: County Executive Dave Somers Councilmember Hans Dunshee Councilmember Ken Klein Counci.lmember Brian Sullivan Councilmember Stephanie Wright Arlington Brier Camano Island Clinton Coupeville Darrington Edmonds Freeland Granite Falls Lake Stevens Langley Lynnwood Marysville Mill Creek Monroe Mountlake Terrace Mukilteo Oak Harbor Snohomish Stanwood Sultan
RESOLUTION 16-05 of the Sno-Isle Libraries Board oftrustees RESOLUTION OF THE SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT REQUESTING THE ESTABLISHMENT OF THE LAKE STEVENS LIBRARY CAPITAL FACILITY AREA TO FINANCE LIBRARY CAPITAL FACILITIES AND THEREBY EXPAND LIBRARY SERVICE. WHEREAS, library service to the residents of the City of Lake Stevens (the "City") and the residents ofthe area surrotmding the City is provided through a facility (the "Lake Stevens Library") owned by the City and operated by the Sno-Isle IntercOtmty Rural Library District (the "Library District"); and WHEREAS, the City and the areas surrounding the City have experienced a rapid growth in the number of residents; and WHEREAS, the growing population has resulted in increased usage of the existing Lake Stevens Library; and WHEREAS, the existing Lake Stevens Library cannot accommodate the larger collection needs of the growing population, cannot support events and programs requested by community members, and cannot be expanded at its current location; and WI-IEREAS, the City and the Library District have entered into an Interlocal Agreement for Joint Planning and Development of Public Library and City Civic Facilities, dated August 22, 2016 (the "Joint Development Agreement"), pursuant to which the City and the Library District will jointly develop a public campus (the "Campus") consisting of a new stand-alone library facility, other civic facilities and shared supporting facilities on certain parcels that are crurently owned or will be acquired by the City and the Library District, respectively; and WHEREAS, chapter 27.15 RCW permits, upon the request ofthe City and the Library District and the approval of the voters, the creation of a library capital facility area to construct, acquire, maintain and remodel library capital facilities; and WHEREAS, the cost of developing a new library on the Campus to replace the existing Lake Stevens Library can most fairly be paid by those residents of the area to be served by the new Lake Stevens Library through the establishment of a library capital facility area and its issuance of bonds to flnance the acquisition, construction, furnishing and equipping of the new Lake Stevens Library; and WHEREAS, the Library District and the City expect that (a) the new library facility on the Campus will be developed in accordance with the Joint Site Development Plan to be adopted pursuant to Section 2 of the Joint Development Agreement, under the supervision and control of the Project Coordinating Committee described in Section 11 of the Joint Development Agreement; (b) except as otherwise provided in the Joint Development Agreement or Joint Site Development Plan, the Library District shall be responsible for designing, administering the Page 1
construction, furnishing and equipping of, and owning, operating and maintaining the new Lake Stevens Library to be financed by the approved ballot propositions as set fmih in the Memorandum of Understanding between the Library District and the City (in the form attached hereto as Exhibit B); and (c) the Lake Stevens Library Capital Facility Area governing body will enter into an appropriate interlocal agreement with the City and the Library District agreeing to such anangements; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT: 1. Approval and Creation of the Lake Stevens Library Capital Facility Area. The Library District finds that a new library facility in the City is essential to the public welfare and to the residents of the City and the residents of Snohomish County in the areas sunound:ing the City. The Library District hereby approves of creation of a library capital facility area to be knovv:n as the "Lake Stevens Librru:y Capital Facility Area." 2. Request to the Snohomish County Council. The Library District requests that the Snohomish County Council, pursuant to chapter 27.15 RCW, provide for establishing the Lake Stevens Library Capital Facility Area and submit to the voters of the said area two ballot propositions at a special election to be held on February 14, 2017, which shall read substantially as follows: Proposition 1: The Snohomish County Council adopted Resolution No. _, concerning a proposition to establish the Lake Stevens Library Capital Facility Area, with boundaries that are coextensive with those of the Lake Stevens School District. This proposition would establish the Lake Stevens Library Capital Facility Area with all the powers provided in chapter 27.15 RCW, including the power to construct, acquire, maintain and remodel library capital facilities. Shall this proposition be: APPROVED 0 REJECTED 0 Proposition 2: The Snohomish County Council adopted Resolution No. _, concerning a proposition to enable the Lake Stevens Library Capital Facility Area to finance a library facility. Tllis proposition would authorize the Lake Stevens Library Capital Facility Area to acquire, construct, furnish and equip a new library in Lake Stevens; to incur indebtedness to finance such improvements through the issuance of up to seventeen million dollars ($17,000,000) in general obligation bonds maturing within 20 years; and to levy annual excess property taxes to repay such bonds. Shall this proposition be: APPROVED 0 REJECTED 0 3. Approval of Joint Request. The Library District approves the Joint Request for Establishment ofthe Lake Stevens Library Capital Facility Area (the "Joint Request"), attached hereto as Exhibit A. Page2
4. Election Costs. The Library District shall pay all of the costs of submitting the two ballot propositions to the voters of the proposed area. 5. Memorandum of Understanding. The Library Dishict hereby approves the Memorandum ofunderstanding between the City and the Library District (the "Memorandum of Understanding") in the fonn attached hereto as Exhibit B. The President of the Board of Trustees is authorized to approve any revisions made to the Memorandum of Understanding that are determined to be in the best interests of the Library District and to execute the Memorandum of Understanding on behalf of the Library Disn ict. 6. Condition of Request. This request is conditioned upon the receipt of a similar resolution from the City requesting creation of the Lake Stevens Library Capital Facility Area. 7. Authorization to Submit Resolution to the Snohomish County Council. The President and Secretary of the Board of Trustees ofthe Library District are hereby authorized and directed to certify a copy of this resolution and submit it to the Snohomish County Council with the Joint Request. Passed in regular session this 24th day of October, 2016. The Board hereby certifies that the foregoing resolution was adopted at a meeting held on October 24, 2016, pursuant to notice given as required by law at which b members of the Board were presel?and at which a majopvoted in favor of said resolution, there being I, votes in favor, votes against and votes abstaining. Page 3
Exhibit A JOINT REQUEST FOR ESTABLISHMENT OF LAKE STEVENS LIBRARY CAPITAL FACILITY AREA Joint Request of the City of Lake Stevens and the Sno-Isle Intercounty Rural Library District WHEREAS, library service to the residents of the City of Lake Stevens (the "City") and the residents of the area surrounding the City is provided through a facility (the "Lake Stevens Library") owned by the City and operated by the Sno-lsle Intercounty Rural Library District (the "Library District"); and WHEREAS, the City and the areas surrounding the City have experienced a rapid growth in the number of residents; and WHEREAS, the growing population has resulted in increased usage of the Lake Stevens Library; and WHEREAS, the existing Lake Stevens Library cannot accommodate the larger collection needs of the growing population, cannot support events and programs requested by community members, and cannot be expanded at its cmtent location; and WHEREAS, the City and the Library District have entered into an Interlocal Agreement for Joint Planning and Development of Public Library and City Civic Facilities, dated August 22, 2016 (the "Joint Development Agreement"), pursuant to which the City and the Library District will jointly develop a public campus (the "Campus") consisting of a new stand-alone library facility, other civic facilities and shared supporting facilities on certain parcels that are currently owned or will be acquired by the City and the Library District, respectively; and WHEREAS, chapter 27.15 RCW pennits, upon the request ofthe City and the Library District and the approval of the voters, the creation of a library capital facility area to construct, acquire, maintain and remodel library capital facilities; and WHEREAS, the cost of developing a new library on the Campus to replace the existing Lake Stevens Library can most fairly be paid by those residents of the ru ea served by the new Lake Stevens Library through the establishment of a library capital facility area and its issuance of bonds to finance the acquisition, construction, furnishing and equipping of the new Lake Stevens Library; and WHEREAS, the City and the Library District have each, by resolutions attached heret9 as Exhibits 1 and 2, approved the establishment of the Lake Stevens Library Capital Facility Area and the submittal of this joint request; and WHEREAS, the Library District and the City expect that (a) the new library facility on the Campus will be developed in accordance with the Joint Site Development Plan to be adopted Page 1
.. pursuant to Section 2 of the Joint Development Agreement, under the supervision and control of the Project Coordinating Committee described in Section 11 of the Joint Development Agreement; (b) except as othejwise provided in the Joint Development Agreement or Joint Site Development Plan, the Library District shall be responsible for designing, administering the construction, furnishing and equipping of, and owning, operating and maintaining the library capital facilities financed by the approved ballot propositions as set forth in the Memorandum of Understanding between the Library District and the City; and (c) the Lake Stevens Library Capital Facility Area governing body will enter into an appropriate interlocal agreement with the City and the Library District agreeing to such arrangements; NOW THEREFORE, the City oflake Stevens and the Sno-Isle Intercounty Rural Library District request as follows: 1. Joint Request. The City and the Library District jointly request that the Snohomish County Cmmcil, pursuant to chapter 27.15 RCW, provide for establishing a library capital facility area to be known as the "Lake Stevens Library Capital Facility Area" and submit to the voters of the said area two ballot propositions at a special election to be held on February 14, 2017, which shall read substantially as follows: Proposition 1: The Snohomish County Council adopted Resolution No. ) concerning a propositi on to establish the Lake Stevens Library Capital Facility Area, with boundaries that are coextensive with those of the Lake Stevens School District. This proposition would establish the Lake Stevens Library Capital Facility Area with all the powers provided in chapter 27.15 RCW, including the power to construct, acquire, maintain and remodel library capital facilities. Shall this proposition be: APPROVED 0 REJECTED 0 Proposition 2: The Snohomish County Council adopted Resolution No. _, concerning a proposition to enable the Lake Stevens Library Capital Facility Area to finance a library facility. This proposition would authorize the Lake Stevens Library Capital Facility Area to acquire, consbuct, furnish and equip a new library in Lake Stevens; to incur indebtedness to fmance such improvements through the issuance ofup to dollars ($ in general obligation bonds maturing within 20 years; and to levy annual excess property taxes to repay such bonds. Shall this proposition be: APPROVED 0 REJECTED 0 2. Boundaries of the Lake Stevens Library Capital Facility Area. The boundaries of the Lake Stevens Library Capital Facility Area shall be coextensive with those of the Lake Stevens School District as described in Exhibit 3 attached to this joint request and incorporated herein by this reference. Page2
3. Costs. The Library District shall pay all of the costs of submitting the two ballot propositions to the voters of the proposed area. APPROVED this~ay of0c1'dt'!j~, 2016. :~~~=ASHWGTON SNO-ISLE INTERCOUNTY RURAL LIB RY DISTRICT ~~ Sam Low, Mayor Pro Tern ATTEST: APPROVED AS TO FORM\\ D~k.L~ Giant K. Weed, City Attorney Mam~sa, S~creta(J} Mwrt-1"" M""~~l., Page 3
Exhibit B MEMORANDUM OF UNDERSTANDING CONCERNING LAKE STEVENS LIBRARY FACILITIES AND SERVICES I. PARTIES This Memorandum of Understanding ("MOU") is entered into by and among the City of Lake Stevens, a Washington municipal corporation (the "City"), and the Sno-Isle Intercounty Rural Library District, a Washington municipal corporation (the "Library District") (the City and Library District are collectively hereafter refe1ted to herein as the "Parties"). IT. PURPOSE AND RECITALS 2.1 The existing Lake Stevens Library is presently owned by the City and operated by the Library District to serve residents of the City and surrounding areas. 2.2 The City and areas surrounding the City have experienced growth in the number of residents, and the growing population has resulted in increased usage of the existing Lake Stevens Library. 2.3 The existing Lake Stevens Library cannot accommodate the larger collection needs of the growing population, cannot support events and programs requested by community members, and cannot be expanded at its current location. 2.4 The City and the Library District have previously entered into an Interlocal Agreement for Joint Planning and Development of Public Library and City Civic Facilities (the "Joint Development Agreement"), dated August 22, 2016, pursuant to which the City and the Library District will jointly develop a public campus (the "Campus") consisting of a new stand-alone library facility, other civic facilities and shared supporting facilities on certain parcels that are currently owned or will be acquired by the City and the Library District, respectively. 2.5 The City Council of the City and the Board of Trustees of the Library District have determined that the cost of developing a new library on the Campus to replace the existing Lake Stevens Library can most fairly be paid by those residents of the area served by the Lake Stevens Library through the establishment of a library capital facility area and its issuance of bonds to finance the acquisition, construction, furnishing and equipping of a new library on the Campus (the ''New Lake Stevens Library"). Page 1
2.6 The Parties intend to request that two propositions be submitted to the voters, on February 14, 2017: one to authorize the formation ofthe Lake Stevens Library Capital Facility Area ("LSLCFA"), and the second one to authorize the LSLCF A to issue bonds to finance the acquisition, construction, furnishing and equipping ofthe New Lake Stevens Library (collectively, the "Proposed Ballot Propositions") and to levy the con esponding excess taxes to pay the bonds. The Parties wish to clearly identify the agreements and understandings between the parties for the submission of the Proposed Ballot Propositions, so that the voters can clearly evaluate the Proposed Ballot Propositions. III. APPLICABILITY AND TERM 3.1 Applicability. This MOU shall apply to the Proposed Ballot Propositions and otherwise as expressly set f01ih herein. 3.2 Term. This MOU shall remain in effect until the occurrence of any of the following events: (a) the Proposed Ballot Propositions are not submitted to the voters on February 14, 2017; (b) neither of the Proposed Ballot Propositions receives sufficient votes to pass as verified by certification of the February 14, 2017 election; or (c) the approval, execution and delivery of a three-pmiy interlocal agreement by and among the City, the Library District and the LSLCF A (which agreement shall include, inter alia, the material substantive provisions ofth.is MOU) with respect to the acquisition, design, construction, furnishing, equipping, operations and maintenance of the New Lake Stevens Library. In the event the Proposed Ballot Proposition to f01m the LSLCF A receives sufficient votes to pass, but the Proposed Ballot Proposition to issue bonds and to levy the corresponding excess taxes to pay the bonds does not receive sufficient votes to pass, either party on thirty (30) days notice to the other may terminate this MOU. IV SEPARATE RESPONSIBILITIES OF PARTIES 4.1 4.2 Funding. In the event of passage of the Proposed Ballot Propositions, the newly formed LSLCF A shall issue the bonds in the full amount, as approved by the voters, and deliver the proceeds to the Library District exclusively to pay or reimburse the Library District for the costs of acquiring, designing, constructing, furnishing and equipping the New Lake Stevens Library, consistent with the provisions of chapter 27.1 5 RCW. Title to Facilitv. Legal title to the property consisting of the New Lake Stevens Library (the "Property"), including but not limited to the land, building, furnishings, library collections and equipment acquired with bond proceeds, shall be held by the Library District. Page2
4.3 4.4 Maintenance and Operation. In the event of passage ofthe Proposed Ballot Propositions, the Library District shall maintain and operate the New Lake Stevens Library. Abandonment of Library Development. In the event that the Library District abandons development of the New Lake Stevens Library, the Library District shall offer the City an option to purchase the Property (or the property described in Exhibit B ofthe Joint Development Agreement, as applicable) at its then-current fair market value as determined by a mutually agreed-upon MAl-certified appraiser. If the option to purchase is not exercised within six (6) months of it being offered, the Library District may offer the Property for sale to others on terms as it sees fit. V. JOINT RESPONSIBILITIES OF PARTIES 5.I Design and Construction ofthe Library. The New Lake Stevens Library shall be developed in accordance with the Joint Site Development Plan to be adopted pursuant to Section 2 of the Joint Development Agreement, under the supervision and control of the Project Coordinating Committee described in Section II of the Joint Development Agreement. Except as otherwise provided in the Joint Development Agreement or the Joint Site Development Plan, the Library District, on behalf of the LSLCFA, shall select and contract with the architects, engineers and other consultants and contractors, and shall approve their work. Costs of developing the Campus, including the portion thereof occupied by the New Lake Stevens Library, shall be allocated between the City and the Library District in accordance with Section 12 of the Joint Development Agreement. The Library District shall be responsible for administering the finances and construction ofthe New Lake Stevens Library from proceeds of the bond issue. The costs of acquisition, design, construction, furnishing and equipping the New Lake Stevens Library shall be paid (or reimbursed) from proceeds of the LSLCF A bond issue. The Library District shall be responsible for the selection and acquisition ofthe fumishings, library collections and equipment. 5.2 Election Costs. The Library District shall pay all of the costs of submitting the Proposed Ballot Propositions to the voters of the proposed LSLCFA. 5.3 Joint Request For Submission of Proposed Ballot Propositions. The Parties shall submit a joint request with their respective resolutions requesting that the Snohomish County Council submit the Proposed Ballot Propositions to the voters at an election to be held on February 14, 2017, as set forth therein. Page 3
VI. DISPUTE RESOLUTION 6.1 The Parties mutually agree to enter into mediation through an agreed upon mediator and process, if agreement cannot-be reached regarding interpretation or implementation of any provision of this MOU. The parties shall use the mediation process in good faith to attempt to come to agreement early in the process, and prior to any appeals or litigation which either might otherwise be entitled to bring. VTI. CONTACTSFORPARTffiS City Administrator City of Lake Stevens 1812 Main Street P.O. Box 257 Lake Stevens, WA 98258 [phone] Jonalyn Woolf-Ivory Library Director Sno-Isle Intercounty Rural Library District 7312 35th A venue NE Marysville, WA 98271 (360) 651-7000 Page4
IN WITNESS WHEREOF, -the parties have signed this MOU, effective on the latest date indicated below. f 'Ctf DATED this L day of oc.rfo'f!>&!fz--, 2016. CITY OF LAKE STEVENS, WASHINGTON SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT Date: \0 \ \ ~L \\ V Sbsan Cohn, President Sno-Isle Libraries Board of Trustees Date: -------- ATTEST: ATTEST:,:;;;:_~ c;::)., A..."-'"-.J>... Barb ~s, City Clerk < Approved as to form: G.raltiC Weed City Attorney Page 5
RESOLUTION NO. 2016-19. A RESOLUTION OF THE CITY OF LAKE STEVENS REQUESTING THE ESTABLISHMENT OF THE LAKE STEVENS LIBRARY CAPITAL FACILITY AREA TO FINANCE LIBRARY CAPITAL FACILITIES AND THEREBY EXPAND LIBRARY SERVICE. VlHEREAS, library service to the residents of the City of Lake Stevens (the "City") and the residents of the area surrounding the City is provided through a facility (the "Lake Stevens Library") owned by the City and operated by the Sno-Isle Intercounty Rural Library District (the "Library District"); and WHEREAS, the City and the areas surrounding the City have experienced a rapid growth in the number of residents; and WHEREAS, the growing population has resulted in increased usage of the existing Lake Stevens Library; and WHEREAS, the existing Lake Stevens Library cannot accommodate the larger collection needs of the growing population, cannot support events and programs requested by community members, and cannot be expanded at its current location; and WHEREAS, the City and the Library District have entered into an Interlocal Agreement for Joint Planning and Development of Public Library and City Civic Facilities, dated August 22, 2016 (the "Joint Development Agreement"), pursuant to which the City and the Library District will jointly develop a public campus (the "Campus") consisting of a new stand-alone library facility, other civic facilities and shared supporting facilities on certain parcels that are currel)tly owned or will be acquired by the City and the Library District, respectively; and WHEREAS, chapter 27.15 RCW permits, upon the request ofthe City and the Library District and the approval of the voters, the creation of a library capital fa:cility area to construct, acquire, maintain and remodel library capital facilities; and WHEREAS, the cost of developing a new library on the Campus to replace the existing Lake Stevens Library can most fairly be paid by those residents of the area served by the new Lake Stevens Library through the establishment of a l-ibrary capital facility area and its issuance of bonds to finance the acquisition, construction, fumishing and equipping of the new Lake Stevens Library; and WHEREAS, the Library District and the City expect that (a) the new library facility on the Campus will be developed in accordance with the Joint Site Development Plan to be adopted pursuant to Section 2 of the Joint Development Agreement, under the supervision and control of the Project Coordinating Committee described in Section 11 of the Joint Development Agreement; (b) except as otherwise provided in the Joint Development Agreement or Joint Site Development Plan, the Library District shall be responsible for designing, administering the Page 1
construction, furnishing and equipping of, and owning, operating and maintaining the new Lake Stevens Library to be financed by. the approved ballot propositions as set forth in the Memorandum of Understanding between the Library District and the City (in the form attached hereto as Exhibit B); and (c) the Lake Stevens Library Capital Facility Area goveming body wi ll enter into an appropriate interlocal agreement with the City and the Library Distrjct agreeing to such an angements; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF TI-ffi CITY OF LAKE STEVENS, AS FOLLOWS: 1. Approval and Creation of Lake Stevens Library Capital Facility Area. The City finds that a new library facility in the City is essential to the public welfare and to the residents of the City and the residents of Snohomish County in the areas surrounding the City. The City hereby approves of creation of a library capital facility area to be lrnown as the "Lake Stevens Library Capital Facility Area." 2. Request to the Snohomish County Council. The City requests that the Snohomish County Council, pursuant to chapter 27.15 RCW, provide for establishing the Lake Stevens Library Capital Facility Area and submit to the voters of the said area two ballot propositions at a special election to be held on Febmary 14, 2017, which shall read substantially as follows: Proposition 1: The Snohomish County Council adopted Resolution No. _, concerning a proposition to establish the Lake Stevens Library Capital Facility Area, with boundaries that are coextensive with those of the Lake Stevens School District. This proposition would establish the Lake Stevens Library Capital Facility Area with all the powers provided in chapter 27.15 RCW, including the power to construct, acquire, maintain and remodel library capital facilities. Shall this proposition be: APPROVED 0 REJECTED 0 Proposition 2: The Snohomish County Council adopted Resolution No., concerning a proposition to enable the Lake Stevens Library Capital Facility Area to finance a library facility. This proposition would authorize the Lake Stevens Library Capital Facility Area to acquire, construct, furnish and equip a new library in Lake Stevens; to incur indebtedness to finance such improvements through the issuance of up to dollars($ in general ob ligation bonds maturing within 20 years; and to levy annual excess property taxes to repay such bonds. Shall this proposition be: APPROVED 0 REJECTED 0 3. Approval of Joint Request. The City approves the Joint Request for Establishment of the Lake Stevens Library Capital Facility Area (the "Joint Request"), attached hereto as Exhibit A. 4. Election Costs. The Library District shall pay all of the costs of submitting the two ballot propositions to the voters of the proposed area. Page2
5. Memorandum of Understanding. The City hereby approves the Memorandum of Understanding between the City and the Library District (hereinafter the "Memorandum of Understanding") in the form attached hereto as Exhibit B. The Mayor is authorized to approve any revisions made to the Memorandum of Understanding that are determined to be in the best interests of the City and to execute the Memorandum of Understanding on behalf of the City. 6. Condition of Request. This request is conditioned upon the receipt of a similar resolution fi om the Library District requesting creation of the Lake Stevens Library Capital Facility Area. 7. Authorization to Submit Resolution to the Snohomish County Council. The Mayor and the City Clerk are hereby authorized and directed to certify a copy of this Resolution and submit it to the Snohomish County Council with the Joint Request. Passed by the City Council and approved by the Mayor of the City of Lake Stevens, Washington, at a regular meeting thereof held this _li_ day of 0..:.\u~f, 2016. CITY OF LA.KE STEVENS, WASHINGTON By ::::!:~ - Sam Low, Mayor Pro Tern ATTEST: APPROVED AS TO FO ' Page 3