HomeMy WebLinkAbout2953Ordinance No. 2953
(Amending or Repealing Ordinances)
CFN=200 — Outside Sewer & Water Requests
CFN=567 — Annexation Policy
Passed — 11/20/1990
Outside Utility Services
Amends 2696;2767 (formerly Ch. 4.22.10 now 7.11)
Amended by Ord. 3671
4 XIb
AN ORDINANCE of the City of Kent,
Washington, amending Kent City Code Chapter
4.22 (Ordinances 2696 and 2767) relating to the
City's policies in the provision of utility
service outside of its boundaries, by adding
additional language relating to the manner
in which consistency between the City's
Comprehensive Plan and any area contained in
an annexation petition will be determined until
such time as the 1990-1993 Comprehensive Plan
Update is complete.
ORDINANCE NO.L
WHEREAS, the Revised Code of Washington (RCW) 35.67.310
and 35.92.170 authorize the City of Kent to extend and allow
connection of its sewer and waterwork systems beyond its corporate!
boundaries upon such terms, conditions and payments as may be
prescribed by ordinance; including the requirement of a written
agreement between the property owner and the City, which is filed
with the county auditor and constitutes a covenant running with
the property; and
WHEREAS, the City of Kent has enacted such an ordinance
(Ordinance 2696, as last amended by Ordinance 2767), codified at
Kent City Code (KCC) Chapter 4.22, entitled "City Policy Utility
Service Outside the City"; and
WHEREAS KCC § 4.22.010 sets forth the conditions under
which the City agrees to provide the extension of its utility
service outside its boundaries, which includes the requirement
that such services be provided in conjunction with a petition for
annexation of the property; and
WHEREAS, one of the requirements to be contained in such
jpetition is that the property proposed to be annexed be consistent
;with the City's Comprehensive Plan; and
WHEREAS, the City is now undertaking to update its
'Comprehensive Plan because some of its designations are
incompatible with more recent City policies, but the update may
not be complete until 1993; and
WHEREAS, in this interim period of time until issuance of
:the Comprehensive Plan Update, a determination must be made as to
the consistency of the area proposed to be annexed and the more
recent City land use and zoning policies and goals; and
WHEREAS, the Planning Committee decided that the Kent
;Planning Director should make this determination in the interim;
;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
;HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 2696, as last amended by Ordinance
2767 and codified at KCC 4.22.010 is further amended to read as
;follows:
4.22.010. The City of Kent will not provide utility
!services to properties outside the corporate limits of Kent, but
;within the City of Kent's primary sphere of interest for
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,annexation purposes as adopted by Resolution, unless the property
'owner covenants and agrees as follows:
A. The owner will petition for annexation of the
,property to the City of Kent and give notice of intent to annex at
;;the time their property is included within any area which is being';
considered for annexation by the City of Kent under terms and
?conditions established by the City of Kent through the Public
;Works Department consistent with the provisions of this Ordinance
set forth below.
((i -R)) B. The owner understands and agrees that upon
annexation the property will be assessed and taxed at the same
rate and on the same basis as property within the City is assessed
and taxed, and to pay any outstanding indebtedness of the City
contracted prior to or existing at the time of annexation.
The owners agree to design and construct allj
:public improvements to meet or exceed City of Kent subdivision and
;construction standards. The City of Kent Public Works Department
11" -serves its right to withhold providing sanitary sewer and water
lservice until said public improvements have been constructed in
accordance with said standards.
D. The owners agree to provide the City of Kent
with mylar-reproducable as -built construction drawings of said
public improvements prior to initiating building construction on
Jany lot within the proposed subdivision of the property.
E. The owners agree that development of the
,!property will create significant impacts on the City including
immediate impacts to the City's streets, roads, and traffic
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system. The owners agree and covenant that they will participate
in the cost of constructing required improvements determined to be
necessary by the City of Kent. These actions must be completed to
the City of Kent's satisfaction prior to the City providing
utility service to the subject property.
((I-6)) F. The owner shall agree to pay a proportionate
share of all costs associated with the construction of said road
and traffic system improvements as determined by the City of
Kent. The method for determining the owners' contribution toward
the construction of said improvements shall be based upon a
formula determined by the Director of the Public Works Department.
((177)) G. Covenants and promises contained in such
agreements shall run with the land and shall be binding upon all
parties and successors in interest having or acquiring any right,
title or interest in the property and improvements described in
any agreement.
H. The owners agree that should it fail to
comply with any of the covenants of any agreements executed with
the City of Kent, the City may at its sole discretion terminate
the City's utility services. (0.2696 §1)
((1.9)) I. The owners agree that the annexation areas
shall be consistent with applicable subarea land use plans and the
City-wide Comprehensive Plan; provided, however, that the owners
further agree that until such time as the 1990-1993 Comprehensive
Plan Update is complete, consistency with the City's long-range
planning goals shall be determined by the Planning Director, and
that the City may withhold full implementation of the
Comprehensive Land Use Plan map designations in its annexation
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zoning proposals in order to achieve a more orderly physical
development pattern and to implement its goals of twenty percent
!density reduction in multifamily residential areas.
J. The owners will state in their petition for
annexation the existing King County zoning designation and certify
ithat it is consistent with the City of Kent's plan((.-)) as
ii
ldetermined by the Planning Director until such time as the
1990 1993 Comprehensive Plan Update is complete,
Section 2. Effective date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication s provided by law.
Section 3 Severability. The provisions of this
i�ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect's
the validity of the remainder of this ordinance, or the validity
of its application to other peons and circumstances.
ATTEST:
MARIE JENSEN, Pf�Y CLERK
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KELLEHER, MAYOR
ii
i1APPROVED AS TO FORM:
AT1'U"EY
PASSED the
day
of
J
, 1990.
APPROVED the -._
day
of
1990.
PUBLISHED the -
day
of
`�' y"
, 1990.
I hereby certify that this is a true copy of Ordinance,
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
-"4L- - _ - 1'1—_-z (SEAL)
MARIE J10S CITY CLERK
09050-320