HomeMy WebLinkAbout1136CITY OF KENT,
WASHINGTON
ORDINANCE NO. lZgZ
AN ORDINANCE of the City of Kent, Washington,
approving and authorizing the execution of a
contract with Water District No. 75, King County,
Washington, relating to water service and the
operation and maintenance of water distribution
facilities within the City of Kent.now operated
by Water District No. 75
THE CITY COUNCIL OF THE CITY OF KENT DO ORDAIN
AS FOLLOWS:
The contract between the City and Water District
No. 75, King County, Washington, relating to the furnishing
of water service and the operation of certain water distribu-
tion facilities within the City and the Water District, a
t H'a G t f C I t- k
copy of which contract - "t_ta4 'e� and by th s
reference incorporated in this Ordinance, is approved, and
the Mayor of the City is authorized to execute the same on
behalf of the City. Upon execution of the contract by the
Mayor of the City and the authorized representative. of the
Mater District, the contract shall be binding upon the City,
and the City Council and the officers of the City are author-
ized to execute and carry out all of the contract provisions
relating to the City's rights or responsibilities.
DATED this )_F -_!�. day of July, 1962, at a regular
meeting of the City Council of City.
ATTEST•
--- yCer
For&,pproved: _1 -
City=t orney
Mayor
IN GONSIDERATION OF THE GaVMNTS AND CONDITIONS HEREINA ER
0014TAINED9 EACH OF WHICH ARE CONDITIONED UPON THE OTHER. AND ARE
MATERIAL TO EITHER GOVEMENTAL BODIESI OBLIGATIONS TC PERFORM THE
TXW4S HEREOF, IT IS AG GELD AS FOLLOWS:
1. Cert The City shall assume the operation and eaaintenw
&mere of the Distriet t e facilities and. ,shall furnish mater to all
water users within the entire territorial limits of the Water Dis-
trict lying east of Primary State Highway No. I (hereinafter re-
ferred to as "the freeway") and south and wast of Secondary State
Highway No. SA (hereinafter referred to as the "Kent -Yee Moines
Road"), and which lis within the Cityes territorial limits.
(b) If and when additional areas within the above
described area are annexed to the City thea, in that eevent, the
City shall assumes the operation and maintenance of the Water Dis-
trictis facilities and shall furnish water to all water users
within said annexed area.
(c) The City shall inuediaately commence to serve the
following additions to King County contained within the afore -
described aereaa Green Valley Divisions No. 1 and 2, Burkland l s
First Additiout Linda Heights Replat, and Skyhill Addition. It
is reecognisand that in some instances the City cannot iaaaediateely
furnish ester service to all of the water users within the afore -
described area or, in the event of annexation, the City may not
be able to im adiately furnish water service within the newly
annexed areas. In such cases, the hater District will continue to
serve such are", to the extent it is practicable and economically
feasible, until such time as the City is prepared to serve those
areas.
(d) The City shall, subject to the provisions herein.
after contained, bill and collect all water service charges from
water users it serves. The water District shall bill and collect
all water service charges from waiter users it serves.
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AGR.XSIM4M T
CITY OE -KEW
WATER DISTRICT NO. 95_t KING CSQUMY
WKZRFAS, the City of Kent,, hereinafter referred to as the
,,City" baa, over approximately tb* past four years, anneved
various and suadry portion$ of 'dater District No. 75, King County,
hereinafter referred to as the "Water F)ietri.ct"; sad
wmeREAS, the Water District has objected to said samexa-
tiaas and has refused to honor the City's demands that the Water
District$* facilities within the annexed territories be relic-
dished to the City of Kent; and
WZRFA89 the foregoing. has resulted in awwrous legal
actions between the City and the Water District, two of which aa-
ti.qns are still pending before the courts of the State of Washing_
ton, Bred one of which concerns the constitu.tionali.ty of Chap. 248,
a and 39 'fie of the State of Washington of 1951; and
WZREA89 said litigation heves been extended, complex and
costly ,for both governmental bodies and has had an adverse effect
upon deveelopmot and persons within the dieputed are"; and
ERTA39. to avoid further expense and controversy and to
deefiTw the areas of water service by each of the wnicipalities,
the City aead the Water District desire to enter into a contract
for settlement of the litigation and for water service within the
disputed areas; and
WRWWAS, said contract is pursuant to the lava of the State
of washi.ngtean and the general pavers; of each of said goveexawantal
bodies; and
WHERFAE, said contract will not adversely affect: tha-_.reveauees
necessary to pay the maintenance and operation of the District$*
facilities and payment of the Districts obligations; NOW, ERZ-
2. The Water District shall continue to serve all ,areas
lying east of the freeway and north of the Tent -Deas MOitaes Road
which lie within the territorial limits of the Water District*
subject to the following provisions:
(a) if at any time within the teras of the
five year franchise hereinafter provided for, or
any *xtensione or renewals thereof, the City of
Kent shall install sewers within the aforedeas»
cribed area and within its territorial lusts as
9resently constituted and. as hereinafter extended
by annexations, if any, the City shall be en-
titled to alao furnish water to such sewer users
and shall, in the event the Water District has
facilities !within the severed area, asp the
operation and maintenance of the said Fater Di.s-
trio's facilities.
(b) Upon expiration of the rive year frov-
chiso bereinsfur provided for, or any extension$
or reheaals thereof* the City will asstmae the
oppeeration and ma utonsuce of Water District faci-
litiaas lying within the territorial boundaries of
both the City and the 'dater District and shall
serve the water users within such areae.
(c) The City shall, subject to the provisions
hereinafter contained, bill and collect all water
service charges from water users it serves. The
Water District shall bill and collect all water
service charges from wager users it nerves.
(d) it is recognized that upon expiration of
the five year franchise hereinafter provided for,
or Amy extensions or renewals theroof t the City
may not, in all instances, be able to immediately
furnish water service to all of the water users
within its then territorial boundaries within the
above described area. In such event, the Water
District will continue to serve such areas:, to
the extent it is practicable: and economically
feasible, until such time as the City is prepared
to serve those ar,e as .
3. The Water District shall serve all water users west
of the freeway situated within the territorial limits of both the
City and the Water District as said territorial limits are present-
ly constituted or as hereinafter extended by annexation to either
the City or the Water District for the period of tits fifty (90)
year franchise hereinafter provided for. The Watrar ;istrict shall
continue to exercise, want of the freeway, all rights, privileges,
powers and functions of the District as provided by law an if
there had boon no annexation, including but not by way of limitation
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the right to levy and collect special assessments, adopt aUd
carry out the provisions of its comprehensive plan. or amend
meats thereto, for a system of improvements, and issue and sell
revenue and general obligation bonds within the aforesaid a"^.
4. Notwithstanding arty proviaaians of paragraphs 1 through
3 above, the hater District shall retain title to and exclusive
unite of all mains and facilities outside the territorial limits
of the City and, in addition, shall maintain title to and ex -
elusive use of the folloving described waterline contained within
the territorial limits of the City: Commencing at the inter-
section of the freeway and the Military Load, thence southerly
along the Military Road to South 240th St., thence west along
South 240th St. to and across the freeway. Provided, h+ ver,
that until such time as than City annexes the entire area contained
within Valley Vista, Suburban View and Rancho Linda A4ditions, the
getter District shall retain title to and exclusive use of the
existing main lying in the Military Road between South 240th St.
and South 242 ad St..
5. The City agrees to grant franchises to the Fater Dis-
trict, subject to the terms and conditions of this agreement, as
follows: s
(i) A five (5) year franchise for the area
described in paragraph 2 above of this agreement.
(ii) A fifty (,gyp) year franchise for the area
dooeribed in paragraph 3 above of this agreement.
Said franchises shall, subject to the terms and conditions
of this agreement, grant to the Water District the exclusive right
to serve water to users within said areas, shall provide that the
City of Kent shall not serve water to the users within said areas,
shall provide that the Water District shall have the right to enter
upon and in the streets within said areas for the purposes of
installation of water mains and distribution facilities and repair
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and replacemelat of such facilities, subject to reasotasble re"sty►
of the City concornigg safety and street restoration, shall provide
that the City will, subject to City Ordinances and reegulaation$ concero-
tog the sass, grant to the Water District such permits and *a**-
ments as are necessary and reasonable, and shall further provide
that the Citi► and Water District will cooperate to impleat the
intent and purpose of this agreement and of saidfranchis*s.
. The city shall pay from the water fund of the City to
the tater District, semi -S arnuallp on or before suns 11-an4 Decomber
1 of each year, ones -half (1/2) of an amount of money determined by
the following formula:
There shall be determined what percent. a of
the total reve�nvies of the Water District dewed
from charges for water service during the twelve
(12) mouth periods immediately preceding each and
every respective date of annexation by the City
of Water District territory is repre seatted by the
cherstag for water- service within each of the r,**-
poettve territories so annexed gthe said
12 %emth periods immediately preceding
every respective date of smneexation. The per-
centage amounts so determined shall be muitiplied
by the debt service requirements for each year Of
all then outstanding warier revenue bonds of the
Water District, which bonds were also o%itstandi.ng
on the respective dates of each and every annex*-
ti,ou to the City of those territories within the
Water District, as calculated and ascertained on
or before the lath day of January of each and every
year. The product so determined shall be deemed
tbo City's share of the annual debt service require-
me
eequire-
me11ts of the Water District due from territories
annexed to the City.
For the purpose of the first payment due €3e cetmbee r 1.
1982, in lieu of the payment representing cane -half
(1/2) of a percentage of the revenue band debt ser-
vice requirements, the City shall pay that fraction
of the percentage amount that the period between
the date of this agreement and December It 1962 is
a traction of the year of 1962. The same method of
pro -rating, as Above, shall be utilised in the case
of any future annexations.
The previous twelve (12) month revenues from those
water users within tine City which continue to receive
service from the Water District pursuant to paragraphs
I(c) and 2(d) of this contract shall not be counted
as revenue from within the annexed territories: for the
purpose of determining the City's payments until those
water users are served by the City. Ota the first term, -
annual payment date Rollowing the commencement Of City
service to those users, the percentage amount based
soler on the revensu.,s of those users shall be doter -
mined separately and prorated from the date of commence-
went of the Cityts service to that first semi-
annual payment date.
9. Nothing contained herein shall impair the Water Dis-
trict's right to collect assessments presently levied against
properties within the territorial limits of the city of Kent 'nor
impair the Water District's right to make levies against properties
within the territorial limits of the Water District for general
obligation bonds of the District, nor likewise prevent the City
from the exercise of they same authority within the territory to be
served by the City under this agreement.
8. In the interim, until the City serves all water users
east of the freeway, the City and the Water District shall cooperate
in extension and development of the city's and Water District's
facilities so that duplicating or overlapping facilities or ser•
vice& will be made unnecessary. The Water District agrees not to,
directly or indirectly, contest or hinder present or future annexa-
tions, if any, to the City.
9. It is recognized that the water facilities contained,
within the Capehart Housing Project and the Mike installation east
of the freeway are owned. by the Federal government and the Water
District is presently serving said areas pursuant to contract with
the Federal government. The Water District does hereby assign and
transfer said contracts and the right to serve ,said areas to the
City and does further agree to cooperate with the City in obtaining
Federal approval of such assignment, if necessary.
10. The City shall grant such permits and easements as are
reasonably necessary for the Water District to serve, by mains
situate east of the freeway, the Water District's water users west
of the freeway.
11. Wherever in this agreement is is provided that the
City will assume the operation and maintenance of the Water District's
facilities, it shall be interpreted to mean that the Vater District
shall transfer and convey said facilities to the City and said
facilities shall be severed from the Water District.
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U. This agreement shall be subject to present and future
statutes of the State of Washington; provided* however, that this
shall not be construed to include J 2 and 3, Chap. 24.8, Laws of
the State of Washington of 19x1.
13. This agreement small be effective upon approval here-
of by Ordinance of the City and resolution of the Water District
and authorized execution hereof, on behalf of each governmental
body, by the Mayor of the City and the President of the Bom dof
co>maissio"Ors of the Water District.
14. Upon approval, as aforesaid, of this agreement by
ordinance and resolution, the City aggrees to withdraw its pre.
sently pending lawsuit again t the Water District and the Water
District agrees to withdraw its presently pending suit against
the city.
NXMUTED IN DUPLICATE this 5 day of 1962.
A PrX otin- on as -,"FU of
, ani Qr
and on behalf of the CITY CPP Kw,
pursuant to Ordinance Jdo./�1
of the :ity of Kent adopts a a
Meeting of the City te heldon the day of 1462.
Attests
CITY CUR; OT Kent
EXECUTED This ............._ day of
, 1952.
eery y e, ases en a Oat
of Water Ceeesmisseioners of Water Dis-
trict No. 73, King County, pursuant
to ate solut ion No. of the
Water District�zn�"g Z'ou'ntY.
held on the _..._., day of , 1962.
u"Gtdrah _.�_
CHWIFICATION
,I, CHARTS BRIDGES, City Clerk of the City of
Kent'. Waehj4gton, certify that the attached Ordinance
is a true and correct copy Of Ordilxance NO- /l3
passed by the City Council at a xvgular meeting thSrOOf o
and approved by the Mayor on JuIy .9, , 1962, as that
Ordinanee appears can the Minute Hook of the City Council.
DATED this day of July, 1962.
' r eBA y