HomeMy WebLinkAbout3273ORDINANCE NO.
64
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing in its
entirety Chapter 7.14 of the Kent City Code
entitled "Street Utility".
WHEREAS, on or about April 7, 1992, the City Council,
pursuant to Chapter 82.80 RCW, established a street utility for
the City of Kent; and
of Seattle, which enacted a similar
WHEREAS, the City
street utility, was recently challenged in Court on the
constitutionally of the street utility; and
WHEREAS, the Supreme Court of the State of Washington
es°f Seattle, No. 61178-5, held that
in the case of Covell vs. Cit
the street utility, as it applies to residential property, was
unconstitutional; and
WHEREAS, even though Covell did not address the
constitutionality of the street utility as it applies to
businesses, the City Council of the City of Kent believes
that it.
is in the City's best interest to repeal the Street Utility Code
in its entirety, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS rOLLONTS.
Street Utility
SECTION
1. Repeal
of Street Utility.
Chapter 7.14 of
the Kent City Code
entitled
"Street Utility" is
hereby repealed
in its entirety.
SECTION 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 3. Effective Date. This ordinance shall
take effect and be in force five (5) days from and after its
publication as provided by law
ATTEST:
BRENDA JACOBER,�CT�Y LERK
i
APPROVED AS TO FORM:
c -
4-1 ROG R A. LUBOV I CH , CITY A�TfiCJRi�FY__
J
2 Street Utility
PASSED
APPROVED
PUBLISHED
day of �_.t c -c a G� 1996.
day of J c : <r z{./ 1996.
i
day of i c< :'2 t cI 1996.
I hereby certify that this is a true copy of Ordinance
No. 73 , passed by the City Council of the City of Kent,
(Washington, and approved by the Mayor of the City of Kent as
i
hereon indicated.
(SEAL)
BRENDA JACOBER, �ITY CLERK
j streetu.ord
3 Street Utility