HomeMy WebLinkAboutord1993-031WIL4TCOM COUNTY COUNCIL AGENDA BILL
NO. AB93 -208
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
'ginator. Executive Office
Division Head:
June 1 '93
6/8/93
Introduction
6/22/93
Finance/Council
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT:
Change in status of County Fair from County managed operation to private contracted operation.
ATTACHMENTS:
Proposed ordinance, Fair Association Articles of Incorporation, and asset listings.
SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item /project: $N /A - pass - through
state funding.
Is it (or will it be) within budget? YES /_/ NO /_/ (Please explain below)
Budget line item number(s):
proposed ordinance changes the status of the County Fair from County -owned and operated to a private
contract operation.This proposal clarifies the status of the County Fair and its operation. The Northwest
Washington Fair is one of the most successful County Fairs in the state of Washington. Much of that success
derives from the management of the Fair by the Fair Association. The County itself is not in a position to
effectively manage this type of operation, since many of our administrative requirements negatively impact the
current operation.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass as recommended.
COMMITTEE ACTION TAKEN:
COUNCIL.ACTION TAKEN.-
6/8/93: Council introduction
6/22/93: Adopted unanimously
Related File Numbers: Ordinance or Resolution Number (this item only): 93 -031
Nortwash.ord INTRODUCED BY: Consent
PROPOSED BY: Executive
DATE: _ 6/22/ 93
1 ORDINANCE NO. 93 -031
2 ASSIGNMENT AND CLARIFICATION OF
3 MUTUAL AUTHORITY AND RESPONSIBILITY
4 REGARDING THE CONDUCT OF THE NORTHWEST
5 WASHINGTON FAIR
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8 WHEREAS, Whatcom County and the Northwest Washington District Fair Board
9 have been successfully carrying out the County Fair responsibilities for a number of years
10 under an informal arrangement; and
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12 WHEREAS, it is in the County's interest to clarify by ordinance the relationship
13 of the parties carrying out the County Fair responsibilities; and
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15 WHEREAS, the County and the Fair Board would like to develop a written
16 agreement clarifying the respective roles and responsibilities in conducting the Fair;
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18 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
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20 The Whatcom County Fair, organized under RCW 15.76, shall be operated and
21 conducted by the Northwest Washington Fair Association, a Section 501.C.3 of the
22 Internal Revenue Code, non - profit corporation organized under the Washington Non -
`3 Profit Corporation Act through a written contract with Whatcom County effective July
24 1st, 1993.
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26 The Northwest Washington Fair Association, as a result of operating the County
27 Fair, shall be eligible to receive the County's allocation of the State Fair Fund pari-
28 mutual revenues to be collected and disbursed under contract through the County
29 Current Expense Fund. The Northwest Washington Fair. Fund shall be closed at the end
30 of the current fiscal year.
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32 Any current employees of the Fair shall be transferred to and employed by the
33 Northwest Washington Fair Association at comparable rates of salary and similar
34 benefits levels. Any Northwest Washington Fair Fund cash and other assets currently
35 being used by the Fair shall be transferred to the Northwest Washington Fair
36 Association for the purpose of operating and conducting the County Fair. The County
37 lease for real property with the City of Lynden for the Fairgrounds will be assigned to
38 the Fair Association. The Northwest Washington Fair Association will continue to enjoy
39 the use of the property and will continue to comply with all the requirements of the
40 lease. When required the Association will renegotiate the lease with the city of Lynden.
1 Nortwash.ord - page 2
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4 The outstanding bond issue liability in Whatcom County General Obligation
5 Bonds for 1977 and 1982 will remain the responsibility of the Northwest Washington Fair
6 and the Association will continue to provide for repayment to the County as required in
7 the respective bond repayment schedules.
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9 The Northwest Washington Fair Association shall require in its articles of
10 incorporation, that upon dissolution of the Association, all real property assets used to
11 conduct the Fair will be transferred to the County, or other organization mutually agreed
12 upon by the Association and the County, to be used exclusively for public purposes.
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BE IT FURTHER ORDAINED, the County Executive is hereby authorized to
enter into an agreement with the Northwest Washington Fair Association to conduct the
County Fair specifying the aforementioned terms and conditions for a period not to
exceed twenty -five (25) years.
BE IT FINALLY ORDAINED, that if any portion of this ordinance is found to
be unlawful, all remaining portions shall remain in effect. All rights, contracts;
agreements, claims and obligations shall remain and be continued without interruption
through the contracting of the Fair operation.
ADOPTED this 22 day of June , 1993.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Ramona Reeves, Council Clerk Marge aidlaw, Chair
APPROVED AS TO FORM:
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37 Civil Deput osecu or
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(v�Approved ( ) Denied
Shirley Van lanten, cutive
Date: �, _: ;U? -�3