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HomeMy WebLinkAbout3562Ordinance No. 3562 (DeMarco Annexation) was not recorded at the direction of the City Attorney ORDINANCE NO. 35(oo)- AN ORDINANCE of the City Council of the City of Kent, Washington, annexing to the City certain contiguous lands, comprising approximately 266.6 acres, generally bounded on the East Hill of Kent, from 116th Avenue SE to 132nd Avenue SE and from SE 240th Street north to approximately SE 231St Place on the west and SE 233rd Street, if extended, on the east, all generally referred to as the "DeMarco Annexation"; making the property annexed subject to the City's proportionate share of its existing indebtedness and to its interim zoning regulations for newly annexed lands; adjusting the City's 2001 annual budget to accommodate changes in revenues and expenditures related to the annexation; making July 1, 2001 the effective date of the annexation; and authorizing the City Clerk to determine the resident population within the annexation area and to deliver required annexation information to the State Office of Financial Management and to the Metropolitan King County Council. WHEREAS, in accordance with Chapter 35A.14 RCW, the owners of not less than 60 percent of the assessed valuation for general taxation of certain real property, the "DeMarco Annexation" area, which is more particularly described in Exhibit A to this ordinance (map attached as Exhibit B), have petitioned the Kent City Council to annex the DeMarco Annexation Area to the City of Kent; and WHEREAS, the City has determined the DeMarco Annexation area petition to be sufficient in all respects; and DeMarco Annexation WHEREAS, in accordance with Chapter 35A.14 RCW various proceedings were had; and WHEREAS, the City filed a Notice of Intention document with the Washington State Boundary Review Board for King County ("BRB") on April 19, 2001; and WHEREAS, on June 7, 2001, the BRB approved the City's Notice of Intention and annexation proposal; and WHEREAS, the City has published and posted notice of a public hearing on the proposed DeMarco Annexation in accordance with RCW 35A.14.130 so that interested persons could voice their approval or disapproval of the annexation; and WHEREAS, the City Council of the City of Kent held a public hearing on the DeMarco Annexation in the City Council Chambers at a regularly scheduled meeting of the Kent City Council at 7:00 p.m. on June 19, 2001; and WHEREAS, it appears to the City of Kent that the DeMarco Annexation meets all requirements specified by law, that the land to be annexed is contiguous to the City of Kent, and that the annexation area has not heretofore been incorporated in or as a city or town; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 DeMarco Annexation SECTION 1. The foregoing recitals are incorporated by this reference and made a part hereof. SECTION 2. Effective July 1, 2001, there shall be annexed to the City of Kent, Washington, certain property situated in King County, Washington, commonly known as the "DeMarco Annexation" area, which property is legally described in Exhibit A, attached and incorporated by this reference, and having the boundaries indicated in the map attached as Exhibit B, which is incorporated by this reference. SECTION 3. In accordance with the DeMarco Annexation property owners' petition, the property hereby annexed shall be subject to its proportionate share of the City's existing indebtedness and shall be assessed and taxed at the same rate and on the same basis that other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. SECTION 4. Until the City completes its final zoning determination for the annexation area, the DeMarco Annexation area shall be subject to the interim zoning regulations for newly annexed areas established in Title 15 of the Kent City Code, as now enacted or hereafter amended. SECTION S. This annexation will become effective July 1, 2001, and on that date, the annexation area shall become a part of the City of Kent, subject to all the laws and ordinances of the City except as otherwise provided by law. SECTION 6. Based on the additional revenue and expenditures that this annexation is anticipated to generate, the City's 2001 budget is adjusted to establish a 3 DeMarco Annexation DeMarco Annexation budget as shown on Exhibit C, attached and incorporated by this reference. SECTION 7. Within thirty (30) days from the effective date of this annexation as provided by law, the City Clerk of the City of Kent shall, under the direction of the Mayor of the City of Kent, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with the practices and policies and subject to approval of the State of Washington's Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. SECTION 8. The City Clerk of the City of Kent, pursuant to RCW 35A.14.700, shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 9. Upon passage of this annexation ordinance, the City Clerk of the City of Kent, pursuant to RCW 35A.14.140, shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of a letter from the BRB's Executive Secretary of the King County Boundary Review Board that declares the BBB's decision relating to this annexation. SECTION 10. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 4 DeMarco Annexation SECTION 11. This Ordinance shall take effect and be in force five (5) days after passage and publication as provided by law. ATTEST: APPROVED AS TO FORM: Xmk Ve-xk,� �- ROGER A. LUBOVICH, CITY ATTORNEY PASSED: /17 day of �}_ , 2001. APPROVED: :20 day of S1 Gt�'.e._ , 2001. PUBLISHED: as day of,2001. I hereby certify that this is a true copy of Ordinance No. 35/G, t , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. Y• ar ac P �C�vJ`O.dioma�peYyrtupo.eFehondac , • O V %� � ``•• `ill 1 4J • S 5 (SEAL) BRENDA JAC B R, CITY CLERK DeMarco Annexation That portion of the North one-half of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington, lying within S.E. 240`x' Street which portion of said street lies West of the Southerly extension of the West . line of the plat of Winsberg Haven, recorded in Volume 157 of plats, pages 12-15; AND ALSO the plat of Terra Heights, recorded in Volume 125 of plats, pages 7-9, TOGETHER NVITH that portion of 116"' Avenue S.E. adjacent to said plat on the West; AND ALSO the South one-half of Section 16, Township 22 North, Range 5 East, W.M., in King County, Washington, TOGETHER WITH that portion of 116"' Avenue S.E. lying adjacent thereto, EXCEPT any portion lying within 132nd Avenue S.E., AND EXCEPT the Southeast quarter of the Southeast quarter of said Section 16, and that portion of S.E. 240'' Street lying adjacent thereto, AND EXCEPT said plat of Winsberg Haven including all of S.E. 240d' Street lying between the Southerly extension of the West and East lines of said plat, AND ALSO EXCEPT the North one-half of the North one-half of the Northeast quarter of said South one-half of said Section 16. EXHIBIT A Attachment to Ordinance • KENT WASHINGTON DATE: June 15, 2001 TO: Mayor White and City Council Members FINANCE May Miller FROM: May Miller Director Phone. 253-856-5260 SUBJECT: Budget for DeMarco Annexation Fax: 253-856-6255 The DeMarco Annexation is scheduled for a Council Public Hearing and potential 220 Fourth Ave S. Kent, WA 98032-5895 adoption on June 19, 2001. This is a small annexation of approximately 289 residential units with an approximate population of 780. A budget estimate was presented at the DeMarco citizen meeting last fall. This computer model forecasts "year three" revenue and expenditures which is the first year that the area will be changed from the King County property tax to the city tax rolls. The taxes before that time are collected by the county at their rate and submitted to the city until all the official computer coding is in place in year three. The tax difference is very small but the tax rates for the city are slightly less than the county rates. The attached summary details the breakdown of the expected revenues and expenditures for years one, two, and three. You will note that year one is for the pro -rated amount of $102,389 for all funds. This anticipates that only two or three months of revenue will be received at the end of 2001 due to the legal lag times that take affect after the official annexation. The first full year of revenue, 2002, is as follows: Public Safety One Patrol Officer 63,915 Fire Dept. Overtime 25,000 Misc., CIP & C. Just. Funds 47.803 136,718 Public Works Street Costs 32,686 Storm Drainage 27,127 Misc. 1.561 61,374 Community Development Zoning/Planning Aid 16,625 (8 mo. to FT) Employee Service 8 mo. to Reg. Parttime 11,850 Fund Balance 83,826 Total Year Two, 2002 $310,393 Page 2 The year one budget is a pro -rated budget based on expected October, November and December receipts of $102,389 per the attached worksheet. Approval is for the 2001 portion pending Council approval of the annexation. While the small budget will be in place in 2001 it is anticipated that no staff will be hired or costs will be incurred until after the revenue is received. The 2002 portion will be added to the base 2002 budget. MM:lgd Attachment (4 pgs) COUNCIL ACTION: Approve the budget for the DeMarco annexation as noted in the approval ordinance. City of Kent DeMarco Annexation Budget Change Totals By Fund (Net of Transfers) " Year 1 Year 2 Year 3 Total Sources All Funds : 102,389 310,392 - 295,494 16,092 542 2,168 2,168 General Fund Sources : 81,876 201,216 186,318 General Fund Uses 27,127 20,513 109,177 General Fund 102,389 310,393 295,495 Public Safety Police Officer Patrol 11,202 63,915 72,281 Fire Dept. Overtime 4,167 25,000 25,000 Community Development Zoning - Planning Aide (8 Mo to FT) 2,962 16,625 20,978 General Government Employee Services -8 Mo. to Office Tech 2 RPT 3,013 11,850 13,596 Total Expenditures - General Fund 21,344 117,390 131,855 Fund Balance 60,532 83,826 54,463 Total General Fund Uses : 81,876 201,216 186,318 Other Fund Sources Other Fund Uses Other Funds CIP Street Fund Criminal Justice Youth/Teen Environmental Storm Drainage Total Other Funds Uses Total Uses All Funds All staffing budgets anticipate hiring 11/1/2001. 20,512 109,176 109,176 7,386 29,543 29,543 8,172 32,686 32,686 4,023 16,092 16,092 542 2,168 2,168 390 1,561 1,561 0 27,127 27,127 20,513 109,177 109,177 102,389 310,393 295,495 OeMarmC xls 0&1512001 1 of 1 CITY OF KENT DEMARCO ANNEXATION FOR THE YEAR 2001 -YEAR ONE Total Acres 16,110 266 Total Number Of Parcels 16,555 308 Total Number Of Res. Units 25,563 U 289 Total Estimated Population 73,896 P 780 Total Assessed Valuation 7,130,886,435 A 69,879,000 CRIMINAL CITY WIDE GENERAL CIP STREET JUSTICE STORM OTHER REVENUE: BUDGET 2001 FUND FUND FUND FUND FUND FUND TOTAL 1 Prop Tax @ 2 772(1) 19,819,926 A 2 Voted Excess Levy @ 0 238(1) 1,700,000 A _ 3 Prop Tax -Annexed Street @172628 - 45,586 45,586 4 Sales Tax (1) 21,003,391 O 1,578 526 2,104 5 Utility Tax(1) 7,550,013 U 6,325 6,325 6 Utility Tax-Environmental(1) 459,159 U 390 390 7 Utility Tax -Youth Teen Center(1) 603,663 U 542 542 8 Utility Tax -Street 1 %(1) 2,012,212 U 1,807 1,807 9 Special Assessments 2,160,866 _ 10 Real Estate Excise(1) 2,800,000 A 6,860 6,860 11 Gambling and Leasehold Taxes 451,997 _ 12 Business Licenses and Permits(2) 1,988,850 A 9,745 9,745 13 Grants 13,758 _ 14 State Shared Revenue(1) 3,562,210 P 1,712 6,365 35 8,112 15 Local Sales Tax Criminal Justice(1) 1,511,274 P 3,988 3,988 16 Fire Insurance Premium Tax 95,117 17 Fire Protection District #37 2,897,612 A 18 Jail/Intergovernmental Revenue 344,010 19 King County Medical Service Levy 682,787 _ 20 Fines and Forfedures(2) 1,268,318 P 6,694 6,694 21 Parks 1,859,836 _ 22 Miscellaneous Fees(2) 2,074,245 O 10,238 10,238 23 Interest Income -General and Others 5,880,482 _ 24 Water Utility 7,601,479 _ 25 Sewer Utility 13,633,510 _ 26 Drainage Ubldy(2)(3) 7,635,670 O _ 27 Drainage Basin Adjustment _ 28 Golf 2,546,000 _ 29 Other Revenues 2,326,898 _ Transfer Street to General Fund 45,586 (45,586) _ Estimated Total Revenue 114,483,283 81,876 7,386 8,172 4,023 932 102,389 Expenditures - General Government 7,038,042 3,013 - 3,013 Public Safety 40,608,403 15,369 7,386 4,023 542 27,320 Public Works/Street 16,300,362 8,172 390 8,562 Parks and Community Services 12,067,472 _ Community Development 3,626,686 2,962 2.962 Debt Service 15,731,120 _ Water Utility 8,490,284 Sewer Utility 12,661,485 Drainage Utility 4,393,459 Golf 2,392,689 _ Estimated Total Expenditures 123,310,002 - 21,344 7,386 8,172 4,023 - 932 41,856 Increase In Fund Balances 60,532 Total Uses 81,876 7,386 8,172 4,023 - 932 41,856 EXACT EXPENDITURE ALLOCATION NOT DETERMINED AS OF THIS DATE (1) Begins October 1 (2) Begins July 1 OeMarmC xls 0&1512001 1 of 1 CITY OF KENT DEMARCO ANNEXATION FOR THE YEAR 2002 -YEAR TWO Total Acres 16,110 266 Total Number Of Parcels 16,555 308 Total Number Of Res Units 25,563 U 289 Total Estimated Population 73,896 P 780 Total Assessed Valuation 7,130,886,435 A 69,879,000 CRIMINAL CITY WIDE GENERAL CIP STREET JUSTICE STORM OTHER REVENUE: BUDGET 2001 FUND FUND FUND FUND FUND FUND TOTAL Prop. Tax @ 2 772(1) 19,819,926 A Voted Excess Levy @ 0.238(1) 1,700,000 A Prop. Tax -Annexed Street @1.72628 - 109,406 109,406 Sales Tax 21,003,391 O 6,311 2,104 8,415 Utility Tax 7,550,013 U 25,298 25,298 Utility Tax -Environmental 459,159 U 1,561 1,561 Utility Tax -Youth Teen Center 603,663 U 2,168 2,168 Utility Tax -Street 1 % 2,012,212 U 7,228 7,228 Special Assessments 2.160,866 - Real Estate Excise 2,800,000 A 27,439 27,439 Gambling and Leasehold Taxes 451,997 - Business Licenses and Permits 1,988,850 A 19,490 19,490 Grants 13,758 - State Shared Revenue 3,562,210 P 6,848 25,458 140 37.,446 Local Sales Tax Criminal Justice 1,511,274 P 15,952 15,952 Fire Insurance Premium Tax 95,117 - Fire Protection District 937 2,897,612 A Jail/Intergovernmental Revenue 344,010 King County Medical Service Levy 682,787 - FinesandForfeitures 1,268,318 P 13,388 13,388 Parks 1,859,836 - Miscellaneous Fees 2,074,245 O 20,475 20,475 Interest Income -General and Others 5,880,482 - Water Utility 7,601,479 Sewer Utility 13,633,510 - Drainage Utility 7,635,670 O 27,127 27,127 Drainage Basin Adjustment - Golf 2,546,000 Other Revenues 2,326,898 Transfer Street to General Fund 109,406 (109,406) Estimated Total Revenue 114,483,283 201,216 29,543 32,686 16,092 27,127 3,729 310,392 Expenditures General Government 7,038,042 11,850 - 11,850 Public Safety 40,608,403 88,915 29,543 16,092 2,168 136,718 Public Works/Street 16,300,362 32,686 27,127 1,561 61,374 Parks and Community Services 12,067,472 - Community Development 3,626,686 16,625 16,625 Debt Service 15,731,120 - Water Utility 8,490,284 Sewer Utility 12,661,485 Drainage Utility 4,393,459 Golf 2,392,689 - Estimated Total Expenditures 123,310,002 - 117,390 29,543 32,686 16,092 27,127 3,729 226,566 Increase In Fund Balances 83,826 Total Uses 201,216 S EXACT EXPENDITURE ALLOCATION NOT DETERMINED AS OF THIS DATE DeMarcoC xis 06/152001 1 of 1 29,543 32,686 16,092 27,127 3,729 226,566 CITY OF KENT DEMARCO ANNEXATION FOR THE YEAR 2003 -YEAR THREE Total Acres 16,110 13596 Total Number Of Parcels 16,555 97,281 Total Number Of Res. Units 25,563 U Total Estimated Population 73,896 P Total Assessed Valuation 7,130,886,435 A Debt Service CITYWIDE GENERAL REVENUE: BUDGET 2001 FUND Prop. Tax @ 2.772(1) 19,819,926 A 176,855 Voted Excess Levy @ 0 238(1) 1,700,000 A Prop Tax -Annexed Street @1 72628 - Sales Tax 21,003,391 O 6,311 Utility Tax 7,550,013 U 25,298 Utility Tax -Environmental 459,159 U Utility Tax -Youth Teen Center 603,663 U Utility Tax -Street 1% 2,012,212 U Special Assessments 2,160,866 Real Estate Excise 2,800,000 A Gambling and Leasehold Taxes 451,997 Business Licenses and Permits 1,988,850 A 19,490 Grants 13,758 State Shared Revenue 3,562,210 P 6,848 Local Sales Tax Criminal Justice 1,511,274 P Fire Insurance Premium Tax 95,117 Fire Protection District #37 2,897,612 A (82,347) Jail/Intergovernmental Revenue 344,010 King County Medical Service Levy 682,787 Fines and Forfeitures 1,268,318 P 13,388 Parks 1,859,836 Miscellaneous Fees 2,074,245 O 20,475 Interest Income -General and Others 5,880,482 Water Utility 7,601,479 Sewer Utility 13,633,510 Drainage Utility 7,635,670 O Drainage Basin Adjustment Golf 2,546,000 Other Revenues 2,326,898 Estimated Total Revenue 114,483,283 186,318 Expenditures - General Government 7,038,042 13596 Public Safety 40,608,403 97,281 Public Works/Street 16,300,362 Parks and Community Services 12,067,472 8,415 Community Development 3,626,686 20,978 Debt Service 15,731,120 Water Utility 8,490,284 Sewer Utility 12,661,485 2,168 Drainage Utility 4,393,459 Golf 2,392,689 Estimated Total Expenditures 123,310,002 - 131,855 Increase In Fund Balances 54,463 Total Uses 186,318 S EXACT EXPENDITURE ALLOCATION NOT DETERMINED AS OF THIS DATE DeMarcoC xis 06/15/2001 1 of 1 266 308 289 780 69,879,000 CIP FUND 2,104 27,439 STREET FUND CRIMINAL JUSTICE STORM FUND FUND OTHER FUND TOTAL 176,855 8,415 25,298 1,561 1,561 2,168 2,168 7,228 7,228 27,439 19,490 25,458 140 32,446 15,952 15,952 (82,347) 13,388 20,475 27,127 27,127 29,543 32,686 16,092 27,127 3,729 295,494 - 13,596 29,543 16,092 2,168 145,084 32,686 27,127 1,561 61,374 20,978 29,543 32,686 16,092 27,127 3,729 241,031 29,543 32,686 16,092 27,127 3,729 241,031