HomeMy WebLinkAbout3248ORDINANCE NO. T O
AN ORDINANCE of the City Council of the
City of Kent, Washington, establishing a new
Chapter, 4.06, to the Kent City Code entitled
"Boating Regulations" relating to boating on
lakes within the City of Kent.
WHEREAS, the City will be annexing an area known as the
Meridian annexation area to the City of Kent effective January 1,!
1996; and
WHEREAS, included in the Meridian annexation is Lake
f Meridian which experiences substantial boating and other water
recreational activity; and
WHEREAS, the City does not have boating regulations to
adequately protect the public with regard to such boating and
water recreation at Lake Meridian and upon the annexation of the
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new area to the city, King County regulations will no longer be
applicable to water recreation at Lake Meridian; and
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WHEREAS, the City Council finds that it is in the
public's best interest to adopt a comprehensive boating
regulation code for the City; NOW THEREFORE,
GcaGi� xe�cc/c�icY�ia
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. There is hereby added to the Kent City
Code, a new Chapter, 4.06, entitled "Boating Regulations" to read
as follows:
CHAPTER 4.06. BOATING REGULATIONS.
Sec. 4.06.010. Application of regulations.
i' The provisions of this chapter shall be applicable to
all watercraft and related uses in and upon all lakes within the
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geographical boundaries of the City of Kent. The provisions of
this chapter shall be construed to supplement United States laws
ii and state laws and regulations when not expressly inconsistent
therewith.
j Sec. 4.06.020. Definitions.
For the purpose of this chapter, the following terms
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shall have the meaning ascribed in this section:
A. "Authorized emergency watercraft" means any
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authorized watercraft of the City's police or fire departments,
�j the United States government, and State of Washington authorized
patrol boats or watercraft.
B. "City" means the City of Kent.
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C. "Obstruction" means any matter which may in any way;
i blockade, interfere with or endanger any watercraft or impede
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navigation including but not limited to rafts, log booms, trees,
lumber, and other similar material or objects.
D. "Oil" means any oil or liquid, whether of animal,
vegetable or mineral origin, or a mixture, compound or
distillation thereof.
E. "Operator" means a person who is in control or in
charge of a vessel or watercraft while it is in use.
'! F. "Owner" means the person who has lawful possession
of a watercraft or obstruction by virtue of legal title or
equitable interest therein which entitles him or her to such
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possession.
G. "Person," when necessary, means and includes
'+ natural persons, associations, copartnerships and corporations,
whether acting by themselves or by a servant, agent or employee;
the singular number, when necessary, means the plural, and the
masculine pronoun includes the feminine.
H. "Pier" means any pier, wharf, dock, float, gridiron'
or other structure to promote the convenient loading or unloading
or other discharge of watercraft, or the moorage of watercraft.
I. "Police" or "Police department" means the Police
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Department of the City of Kent.
J. "Restricted area" means an area that has been
marked in accordance with and as authorized by the law or
regulations of the City, to be used for certain designated
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j purposes such as swimming and aquatic events or otherwise closed
�j to use by watercraft, the method of marking and designation of
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l which shall have been made by the City in accordance with the
fof this chapter.
l provisions
I� K. "Skin diving" means any free swimming person and/or'
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any person who uses an artificial or mechanical means to replace
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his or her air, including self-contained underwater breathing
apparatus (SCUBA diving), snorkel tube equipment and free diving
! gear.
j L. "Watercraft" means every description of boat,
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vessel, personal watercraft or similar craft:
1) twelve feet or greater with a beam of four feet,
or more or
2) equipped with motor power meaning motor I
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propulsion machinery or an internal combustion engine regardless
of length or beam, used or capable of being used as a means of
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transportation on water, or required to be registered by the Boat!
Safety Act of 1971. PROVIDED THAT this definition shall not j
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I; include authorized emergency watercraft or other authorized
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watercraft or craft used for public safety or emergency and
i rescue purposes.
j M. "Water ski" means all forms, manners or means of
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person or persons being towed behind a motor boat, including, but;,
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not limited to, skis, tubes or surfboards.
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Sec. 4.06.030. Motor powered watercraft prohibited - Exception
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Except on lakes otherwise specifically provided for in
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this chapter, no motor powered watercraft shall be operated on
any lake within the City.
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Sec. 4.06.040. Negligent operation.
No person shall negligently operate any watercraft in a�
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manner so as to endanger or be likely to endanger any person or j
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property or at any rate of speed greater than will permit him or
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IG her in the exercise of reasonable care to bring the watercraft to
a stop within the assured clear distance ahead.
Sec. 4.06.050. Reckless operation.
No person shall operate any watercraft in a reckless
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manner so as to endanger the life or limb, or damage the property'
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of any person. A violation of this section shall constitute a
misdemeanor as defined in this chapter.
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Sec. 4.06.060. Required distance from power craft to swimmers
and row boats.
It is unlawful for any motor powered watercraft to be
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operated while the propeller is engaged within fifty feet of any
li swimmer or any row boat, canoe or other water conveyances.
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Sec. 4.06.070. Dumping trash in lakes prohibited.
The dumping, depositing, placing or leaving of any
44 garbage, ashes, debris, brush or other material into any lake, is
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1! prohibited.
!' Sec. 4.06.080. Floating objects adrift.
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All watercraft, or any other article of value found
adrift in any lake in the City, may be taken into possession and
removed by the police or other authorized City official or agent
t and shall be subject to reclamation by the owner thereof, on
payment by him or her to the City of any expenses incurred by the!
i City and in case of failure to reclaim may be sold or disposed of?
according to law.
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Sec. 4.06.090. Sunken watercraft.
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When any watercraft or obstruction has been sunk or
grounded, or has been delayed in such manner as to stop or
seriously interfere with or endanger navigation, the police may
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order the same immediately removed and if the owner, or other
II person in charge thereof, after being so ordered, does not
�I proceed immediately with such removal, the police or other
�! authorized city official or agent may take immediate possession
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thereof and remove the same, using such methods as in his or her
I judgment will prevent unnecessary damage to such watercraft or
obstruction, and the expense incurred by the City in such removal)
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shall be paid by the owner or other person in charge of such
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watercraft or obstruction; and in case of failure to pay the
same, the City may maintain an action for the recovery thereof.
Sec. 4.06.100. Intoxication.
A. It is unlawful for any person who is under the
influence of intoxicating liquor or narcotic or habit-forming
drugs to operate or be in actual physical control of any
j watercraft.
B. It is unlawful for the owner of any watercraft or
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any person having charge or control of such to authorize or
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knowingly permit the same to be operated by any person who is
under the influence of intoxicating liquor, narcotic of habit-
forming drugs.
C. Whenever it appears reasonably certain to any
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j` police officer that any person under the influence of, or
affected by the use of, intoxicating liquor or of any narcotic
drug is about to operate a watercraft in violation of subsection
A above, said officer may take reasonable measures to prevent any
such person from so doing.
D. A violation of this section shall constitute a
misdemeanor as defined in this chapter.
Sec. 4.06.110. Incapacity of operator.
It is unlawful for the owner of any watercraft or any
person having charge or control of such to authorize or knowingly
permit the same to be operated by any person who by reason of
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physical or mental disability is incapable of operating such
watercraft under the prevailing circumstances.
Sec. 4.06.120. Accidents.
The operator of watercraft involved in an accident
resulting in injury or death to any person or in damage to
property shall immediately stop such watercraft at the scene of
such accident and shall give his or her name, address, and the
name and/or number of his or her watercraft, and the name and
address of the owner, to the person struck or the operator or
occupants of the watercraft collided with or property damaged,
and shall render to any person injured in such accident
reasonable assistance.
Sec. 4.06.130. Accident reports.
The owner or operator of any watercraft shall file a
written report within forty-eight hours with the police
department of any accident involving death or personal injury
requiring medical treatment or property damage in excess of two
hundred dollars in which such watercraft shall have been involved
on any lake of the City.
Sec. 4.06.140. Overloading.
A. No watercraft shall be loaded with passengers or
cargo beyond its safe carrying capacity nor carry passengers in
an unsafe manner taking into consideration weather and other
existing operating conditions.
B. Whenever it appears reasonably certain to any
police officer than any person is operating a watercraft loaded
beyond its safe capacity, said officer may take reasonable
measures to prevent any such person from so operating the craft.
Sec. 4.06.150. Watercraft operation within or bordering park
property.
No person shall have, keep or operate any boat, float,
raft, or watercraft in or upon any lake, within the limits of any
park property, or launch the same at any point upon the shores
thereof bordering upon any park property, except at places set
apart for such purposes by the parks and recreation department
and so designated by signs.
Sec. 4.06.160. Restricted areas.
In the interests of safe navigation, life safety and
the protection of property, the city may designate restricted
areas and the purpose for which same shall be used on any lake
authorized for watercraft use. No person shall operate a
watercraft within a restricted area; provided, that this section
shall not apply to watercraft engaged in or accompanying the
activity to which the area is restricted, nor to patrol or rescue
craft or in the case of an emergency.
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Sec. 4.06.170. Swimming.
Swimming in the waters of the City shall be confined
to.
A. Restricted swimming areas, or
B. To within a distance of fifty feet from the shore,
or a pier except when the swimmer is accompanied by a watercraft
relative to water skiing or related watercraft activities.
Sec. 4.06.180. Skin diving.
Skin diving shall be prohibited in all lakes in the
City except as necessary for public employees and their agents or
other authorized personnel to perform their duties or in the case
of an emergency.
Sec. 4.06.190. Water skiing.
Water skiing is prohibited on all City lakes in the
City except for Lake Meridian which shall be regulated as
follows:
A. No watercraft which has in tow a person on water
skis, tube, surfboard or similar contrivance shall be operated or
propelled in the waters of the City unless such watercraft is
occupied by at least two competent persons.
B. It is unlawful to water ski within one hundred
yards of shore. Water skiers may start at and return to shore by
means of the most expeditious route. For purposes of starting at
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and returning to shore, water skiers may temporarily exceed the
speed limit of eight miles per hour.
C. No operator of a watercraft shall have in tow a
person on water skis, tube, surfboard or similar contrivance from
sunset to sunrise.
D. All persons being towed by watercraft shall wear
an adequate flotation device.
E. All watercraft having in tow or otherwise
assisting a person on water skis, tubes, surfboards or similar
contrivance shall comply with Sections 4.06.040, 4.06.050 and
4.06.060.
F. Regulations stated in subsections A and D of this
section shall not apply to watercraft used in water ski
tournaments, competitions, expositions, or trials therefore,
which have been duly authorized by the City.
Sec. 4.06.200. Lake Fenwick - Motor -powered watercraft prohibited
- Exception.
It is unlawful to use or operate any watercraft with
motor power on Lake Fenwick, except electric fishing trolling
motors, and except as necessary for public employees and their
agents or construction company employees to perform their
authorized duties or in case of an emergency.
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;Sec. 4.06.210. Lake Meridian - Motor powered watercraft
restrictions.
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The following rules and regulations are adopted for the
use of motor -powered watercraft on Lake Meridian:
A. It is unlawful to use or operate any watercraft
jpowered by motor power on Lake Meridian, except that watercraft
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with the following engines will be permitted:
1. Water-cooled outboard engines of stock
manufacture or stock manufactured inboard engines with outboard
drive units (inboard - outboards) which vent all exhaust gases
through the lower drive unit in conjunction with cooling water
and/or vent at a point on the drive unit which is under water at
all times; or watercooled direct drive inboard engines equipped
fwith a muffler or silencer of sufficient size and capacity, to
effectively muffle and reduce noise. This includes both
propeller and jet propulsion watercraft.
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2. Air-cooled outboard or inboard engines of
stock manufacture rated by the manufacturer at ten horsepower or
less.
3. Electric fishing trolling motors.
B. It is unlawful to operate any watercraft powered
by engines which are worn, damaged or modified in such a manner
as to permit the noise level of exhaust gases or air intake
devices to be increased above seventy-four decibels on the dB(A)
scale is prohibited.
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C. Water skiers are prohibited from starting or
stopping within 200 feet of the City -owned shoreline of Lake
Meridian Park which includes the swimming beach and boat
launching areas of the park.
D. Water skiing will be limited to the hours of 9:00
a.m. to 6:00 p.m.
E. No watercraft shall operate in excess of eight
miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and
not in excess of thirty-five miles per hour from 9:00 a.m. to
6:00 p.m.
F. Watercraft exceeding speeds of eight miles per
hour shall remain at least two hundred feet from the shoreline
and one hundred feet from other watercraft and swimmers and shall
proceed around the lake in a counterclockwise direction.
G. Craft towing persons on water skis, tubes,
surfboards, or similar contrivance shall carry a competent
observer in addition to the driver or operator.
H. All persons on water skis, tubes, surfboards or
similar contrivance will wear a United States Coast Guard
approved personal flotation device.
I. All boats operating on Lake Meridian shall carry a
United States Coast Guard approved life preserver or throwable
cushion in good condition for each person in the craft.
J. All persons in watercraft towing persons on water
skis, tubes, surfboards, or similar contrivance will remain
seated at all times.
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K. Motor -powered watercraft operating after sundown
shall be equipped with and have lit proper running lights.
L. Reckless operation as specified in Section
4.06.050, as amended. All watercraft shall be operated in a
proper manner and there shall be no stunting, burning doughnuts
or squirreling allowed in order that the lives and property of
others be protected.
M. Negligent operation as specified in Section
4.06.040 as amended.
N. The anchorage or moorage of unoccupied watercraft
is prohibited except when tied to a pier or dock with the
permission of the owner of the pier or dock.
O. No remote controlled watercraft powered by
internal combustion engines shall operate before 9:00 a.m. or
after 6:00 p.m.
P. Any violation of this section constitutes a
misdemeanor as defined in this chapter.
Q. Skin diving is prohibited except as necessary for
public employees and their agents or other authorized personnel
to perform their duties or in the case of an emergency.
Sec. 4.06.220. Equipment and numbering.
All watercraft shall carry the equipment required by
any applicable United States laws as now or hereafter amended,
and shall be numbered or designated in accordance with any
applicable United States laws as now or hereafter amended.
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Sec. 4.06.230. Life preservers and running lights.
Federal regulations covering equipping of watercraft
with life preservers for each passenger, and also use of running
lights for night operation, shall be strictly complied with.
Sec. 4.06.240. Oil.
No owner, operator or other person in charge of any
watercraft, and no person along or upon the shore of the waters
of the City, shall spill, throw, pump or otherwise cause oil of
any description to be or float upon the waters of the City. Any
person causing oil to be upon the waters of the City as aforesaid
shall remove the same and upon his or her failure to do so, the
same may be removed by the City or other appropriate agency and
the expense thereof shall be paid by and recoverable from the
person causing said oil to be upon the water. The payment of
such sum or the maintenance of an action therefore, shall not be
deemed to exempt such person from prosecution for causing such
oil spillage.
Sec. 4.06.250. Nuisances.
Sunken watercraft, refuse of all kinds, structures or
pieces of any structure, timber, logs, piles, boom sticks,
lumber, boxes, empty containers and oil of any kind floating
uncontrolled on the water, and all other substances or articles
of a similar nature, are hereby declared to be public nuisances
and it is unlawful for any person to throw or place in, or cause
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or permit to be thrown or placed, any of the above named articles
or substances in any lake in the City, or upon the shores thereof
or in such position that same may or can be washed into said
lakes of the City, either by storms, floods, or otherwise. Any
person causing or permitting said nuisances to be placed as
aforesaid shall remove the same and upon his or her failure to do
so, the same may be removed by the City or other appropriate
agency and the expense thereof shall be paid by and recoverable
from the person creating said nuisance. In all cases such
nuisances may be abated in the manner provided by law. The
abatement of any such public nuisances shall not excuse the
person responsible therefore from prosecution hereunder.
Sec. 4.06.260. Public health.
All watercraft entering or in any lake in the City
shall comply with the applicable public health laws and
regulations of the United States, the state of Washington and its
political subdivisions.
Sec. 4.06.270. Liability for damages.
Nothing in this chapter shall be construed so as to
release any person owning or controlling any watercraft, pier,
obstruction or other structure, from any liability for damages,
and the safeguards to life and property required in this chapter
shall not be construed as relieving any person from installing
and maintaining all other safeguards that may be required by law.
OR
Sec. 4.06.280. Authorized emergency and patrol watercraft.
The provisions of this chapter shall be applicable to
the operation of any and all watercraft on any lake in the City
except that they shall not apply to any emergency and patrol
watercraft performing the authorized duties for which such
emergency and patrol watercraft were established.
Sec. 4.06.290. Directing traffic, emergency powers.
The police are hereby authorized to direct all
watercraft traffic either in person or by means of visible or
audible signal in conformance with the provisions of this
chapter; provided, that where necessary to expedite watercraft
traffic, or to prevent or eliminate congestion or to safeguard
persons or property, such officers and other authorized officers
of appropriate governmental agencies or authorities, may direct
watercraft traffic as conditions may require, notwithstanding the
provisions of this chapter.
Sec. 4.06.300. Penalties.
A. Civil Penalty. Except as provided in Subsection B,
a violation of any of the provisions of this chapter shall
constitute a civil violation for which a monetary penalty may be
assessed in the amount of two -hundred -fifty dollars ($250.00).
Each separate day, or portion thereof, during which any violation
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B. Misdemeanor. Any violation of any provision
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established in this chapter as a misdemeanor shall constitute a
misdemeanor punishable by a fine not to exceed five thousand
dollars ($5,000.00) or by imprisonment not to exceed one year, ori
by both such fine and imprisonment. Each separate day or portion
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thereof during which such violation occurs shall constitute a I
separate violation.
Sec. 4.06.310. Authority of officers to board watercraft
Commissioned officers of the City are hereby given the
authority to board any watercraft found underway on any lake of
the City for the purpose of inspection and enforcement of this
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chapter.
Sec. 4.06.320. Interlocal cooperation.
Nothing in this chapter shall preclude the City from
entering into interlocal agreements with cities and towns for the
administration and enforcement of this chapter.
Sec. 4.06.330. Enforcement.
It shall be the duty of the police department to
enforce all sections of this chapter.
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
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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 January 1, 1996, a date more than thirty '
(30) days from and after its passage, approval and publication ash
provided by law.
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ATTEST:
BRENDA JACOBVA�, CITY CLERK
APPROVED AS TO FORM:
I ROLE' A. LUBOVICH, CITY ATTORNEY—
PASSED
TTOR EY
PASSED day of 1995.
APPROVED day of 1995.
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PUBLISHED day of
/'�V 1995.
I hereby certify that this is a true copy of Ordinance
No. -3a D passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
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BRENDA JACQ8ER,/CITY CLERK
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