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HomeMy WebLinkAbout1049CITY OF KENT, WASHINGTON ORDINANCE N0.104 I 4� AN ORDINANCE specifying and adopting a system or plan of additions to and better- ments and extensions of the water supply and distribution system of the City of Kent, Washington; declaring the estimated cost thereof as near as may be; providin for the issuance and sale of not to exceed D par value �of water revenue bonds in ®ne r more series to obtain funds with which to pay a part of the cost of said system or plan; creating a special fund to provide for the payment of said bonds; authorizing and dir- ecting the City officials to proceed with the improvement; authorizing the connection with and commencement of service to territories recently annexed to the City that lie within the boundaries of Water District No. 75, King County, Washington, in accordance with Sec- tions 3 and 3, Chapter 248, Laws of 1951 of the State of Washington; and declaring an emergency. WHEREAS, on May 19, 1958, pursuant to Chapter 128, Laws of 19+5 of the State of ,Washington, as amended, the City of Kent enacted Ordinance No. 984, annexing the following -described ter- ritory: In Meekers Supplemental Plat of First Addition to Kent, Blocks 9 and 10, Blocks 25 through 39, inclusive, and Highway adjacent on East, and Block 43 with shore lands adjacent; Also: That portion of SWC, Sec. 24-22-4 lying West of existing city limits and South of the South boundary of the G. G. Thompson D.L.C.; Also: That portion of NEu, Sec. 23-22-4 lying West of Meeker's Supplemental plat to Kent; Also: That portion of N2-1 of NWS, Sec. 23-22-4 lying South and East of the Green River; Also: SJ, NW1., Sec. 23-22-4; �. Also: That portion of NE,-� of SWu of See. 23- 2-4 lying North of the Green River, including Munty Road; Also: the NW,, of the SW1 of See. 23-22-4; Also: the S2, NE,I, Sec. 22-22-4; Also: the SE,i-,-„ Sec. 22-22-4; Also: that portion of NE1, NW4, Sec. 22-22-4 not included in Valley Vista Plat; Also: SE- , NWu, Sec. 22-22-4; Also: SWu, Sec. 22-22-4, except the SW-, thereof; Also: that portion of the NW -41, NES, See. 27-22- 4 lying westerly of the center line of the Reith Road; Also: SW -4, NE, Sec. 27-22-4; Also: that portion. of the NW'., Sec. 27-22-4 lying easterly of the center line of the Military Road; Also: the South 660 ft. of the SEI, NE1, Sec. 21-22-4; Also: NE -1') SES, Sec. 21-22-4; Also: Blocks 19, 20, 21, and 22, Interurban Heights, not including Birch Street and Fern Avenue; Also: the Saltair Hills Plat, not including S. 252nd, 20th Avenue South, and S. 248th in NE -Z', SW -1 , -See. 21-22-4.- Also: 1-22-4;Also: NW', SE4, Sec. 21-22-4, except portion included in Saltair Hills Plat; Also: NEu, SI , Sec. 21-22-4, except portion included in Saltair Hills Plat; Also: North 400 ft. of SWV1, SE4, Sec. 21-22-4, which territory was annexed to and became a part of the City of Kent on June 1, 1958; and WHEREAS, on February 16, 1959, pursuant to Chapter 128, Laws of 1945 of the State of Washington, as amended, the City of Kent enacted Ordinance No. 1014, annexing the following -described territory: WZ of the NW,--, of Sec. 22, T. 22 N., R: 4 E.W.M.; Also: that portion of WZ of the SWC of Sec. 15, ';. T. 22 N., R. 4 E.W.M. , lying South of the center line of SSH 5-A; Also: Sierra Homes Addition No. 3, as recorded; - 2 - Also: E2 of the NEl of Sec. 21, T. 22 N., R. 4 E.W.M., except the SI thereof and except Sierra Homes Addition No. 3, as recorded in Vol. 55 of Plats, page 32, Records of King County, Washington; Also: Blocks 4, 5, and 6, Federal Highway Addition, as recorded in Vol. 30 of Plats, page 1, Records of King County, Washington, including all of PSH 1 the S2 of SSH 1-K, and SSH 5-A, and the N2 of S. 240th Street within or on the boundaries of said blocks; Also: that portion of Interurban Heights, Third Section, as recorded in Vol. 17 of Plats, page 87, Records of King County, Washington, including streets not already in the City of Kent; Also: all of Interurban Heights, Second Section, as recorded in Vol. 16 of Plats, page 19, Records of King County, Washington; Also: all of Interurban Heights, Fourth Section, as recorded in Vol. 17 of Plats, page 86, Records of King County, Washington; Also: all of Interurban Heights, Fifth Section, as recorded in Vol. 17 of Plats, page 85, Records of King County, Washington; Also: all of Interurban Heights, Sixth Section, as recorded in Vol. 17 of Plats, page 88, Records of King County, Washington; Also: all of Interurban Heights, as recorded in Vol. 15 of Plats, page 90, Records of King County, Washington; Also: the SWu of the SE -,!,of Sec. 16, T. 22 N., R. 4 E.W.M.; Also: that portion of SWI of the NEI of Sec. 16, T. 22 N., R. 4 E.W.M., lying South of the center line of SSH 1-K and East of the center line of 24th P1. S.; Also: the SEI- of the NWu of Sec. 21, T. 22 N., R. 4 E.W.M., including all of S. 248th Street abutting on the South; Also: Blocks 16 through 30, inclusive, of Puget Sound Park Addition, as recorded in Vol. 4 of Plats, page 61, Records of King County, iTashington, and including the E2 of Ortin Street -6h the West; Also: that portion of NEI of the NWV1 of Sec. i 21,, T. 22 N., R. 4 E.W.M. not included in said Puget Sound Park Addition; - 3 - Also: the SE1 of the SWu of Sec. 16, T. 22 N., R. 4 E.W.M.; Also: any streets lying within the body of this description, but not specifically des- cribed, which territory was annexed to and became a part of the City of Kent on February 28, 1959; and WHEREAS, on May 4, 1959, pursuant.to Chapter 128, Laws of 1945 of the State of Washington, as amended, the City of Kent enacted Ordinance No. 1026, annexing the following -described territory: Lots 16, 17, 18, 19, 20, 21, and 22, Block 1, Federal Highway Addition, as recorded in Vol. 30.0f Plats, page 1, Records of King County, Washington. The area to include the North half of SSH 1-K on the South and West half of PSH 1 on the East, which territory was annexed to and became a part of the City of Kent on May 15, 1959; and WHEREAS, all such territories annexed were, on the dates of their respective annexations, within the corporate limits of Water District No. 75, King County, Washington, and were being served by that Water District; and WHEREAS, immediately prior to such annexations, said Water District owned or possessed real estate, facilities, installations or equipment within the annexed territories, which were exclusively used for or by the respective annexed territories, and the Water District owned, possessed or furnished facilities or services used by both the annexed territories and other terri- tories of the Water District; and WHEREAS, the laws of _the State of Washington, 1951, Y. Chapter 248,,,Sections 2 and 3 (RCW 35.13.230 and 35.13.2+0) pro- sem. vide as follows: - 4 - 11 "Sec. 2. If only a portion of the territory of -any such district is annexed to the city, all real estate, facilities, installations or equip- ment belonging to the district within the annexed territory which are exclusively used for or by the annexed territory, together with a portion of the assets or funds of the district equal to the proportion which the assessed valuation of the real estate of the district located inside the city bears to the total assessed valuation of the real estate of the district, shall belong.to the city, subject to the debts and obligations of the district for which such real estate, facilities, 'installations or equipment, assets or funds would have been liable if no annexation had been made; and, in such case, the real estate annexed, and the owners and occupants thereof, shall continue liable for payments of its and their proportion- ate share of any unpaid indebtedness, bonded or otherwise, with the right on the part of"the district officials to make tax levies and collect charges on such property or owners or occupants, and to enforce such collections as if the annex- ation had not been made. The city shall have power to manage and control the facilities and fix and collect charges for service for such ter- ritory located within the city. If only a portion of any such district is annexed, and there shall be located in the territory annexed any real estate, facilities, installations or equipment which are used exclusively for service to real estate not annexed to the city, the district shall have the right to continue to use such real estate, facilities, installations or equipment for service of the territory' --of the district not annexed, in the same manner as if the annexation had not been made. ."Sec. 3. If a portion of the district is located outside the city and a portion inside, with no facilities or services used exclusively for territory outside or exclusively for territory inside the city, the real and personal property, water or sewer mains, facilities or equipment located within the annexed territory, and all assets and funds of the district in proportion to the assessed valuation of the real estate located inside and outside shall belong to the city; and the city shall have power to manage, control, maintain and operate the same, and fix and collect charges for the use of such facilities for terri- tory located inside the city: Provided, That no action of the city shall prejudicorpair the rights or privileges of any creditor under any e>ontract with the district existing at the time the annexation takes effect nor shall the opera- tion of the city affect the right to service of any owner of real estate or any person within the district but outside the city who has paid or contributed towards the cost of installation of - 5 - i and any improvements located in the territory annexed: Provided, The city shall be under no obligation to maintain, replace or repair any -facilities located outside the city but may enter into agreements with such outside owners or users and with the district cover- ing*the terms under which such outside ser- vice, maintenance and replacement may be made. A11 -funds taken over by a city so far as practicable shall be used for the purpose -.for which the same were collected and accumulated. WHEREAS, it is the intention of the City Council of the City of Kent to exercise the City's rights under the statutory language quoted above and assume ownership, possession and con- trol over, and to connect the City's water system to all real and personal property, water mains, installations, facilities and equipment located within the annexed territories and belonging to the Water District at the time of their respective annexations, and upon assuming ownership, possession and control over such properties, the City shall manage, control, maintain and operate the same, and fix and collect charges for the use of such facil- ities for territories located inside the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows: Section 1. The City of Kent hereby specifies and adopts a system or plan for making additions to and betterments and extensions of the existing water supply and distribution system of the City, which shall consist of the following: a. There shall be acquired, constructed and installed the water lines and other facilities described in "Exhibit A," attached hereto and hereby incorporated as a part of this Ordin- ance, saidlines and facilities to be constructed and installed in accordance with plans and specifications therefor prepared by the City Engineer. There shall be included in the foregoing the acquisi- tion and installation of all -necessary valves, fittings, couplings, - 6 - i connections, hydrants or future hydrant connections, equipment and appurtenances and the acquisition of any easements, rights- of-way, water rights, and land that may be required; and there shall be included the performance of such work as may be inciden- tal and necessary to the foregoing construction and installation. b. Pursuant to the authority granted to cities in Sections 2 and 3, Chapter 248, Laws of 1951 of the State of Washington (RCW 35.13.230 and 35.13.24o), the City of Kent shall assume ownership and possession and manage, control, maintain and operate all real and personal property, water mains, installa- tions, facilities and equipment located within the territories annexed to the City by Ordinances Nos. 984, 1014, and 1026, and now possessed, controlled or operated by Water District No. 75, King County, Washington. c. The above-described additions to and extensions of the water supply and distribution system of the City, together with the Water District No. 75 facilities acquired shall be con- nected to the existing water supply and distribution system of the City, and service through and use of said water mains by said Water District shall be terminated. Such extensions and connec- tions shall be made in a careful and safe manner, so as not to jeopardize the safe water supply of the City, the Water District, or properties of the Water District outside the City. Section 2. The life of the foregoing additions, better - ments and extensions is hereby declared to be at least thirty (30) years. Section 3. The estimated cost of the acquisition, con- struction arid -installation of the above-described additions and betterments to the water supply and distribution system of the City is hereby fixed, as nearly as may be, at the sum of - 7 - Y Section 4. The cost of acquiring, constructing and making the foregoing additions to and betterments and extensions of said water supply and distribution system shall be paid from the following sources: a. From moneys presently on hand in the Water Fund of the City, in an amount of not to exceed $ eqe e -v . b. From the proceeds received from the issuance and sale of water revenue bonds in an amount of not to exceed w, O e par value. The bonds shall be issued in one or more series at such times as the City Council shall deem advisable. The bonds shall be entitled "Water Revenue Bonds, 1959, Issue No. 2," with series designation following if issued in series. The bonds shall bear interest at a rate or rates not to exceed 6% per annum, payable semiannually, and shall be numbered from "one" upward, consecu- tively, within each series as issued. The bonds shall be issued in such series; shall be in such denominations and form; shall bear such date or dates and interest rate or rates; shall be pay- able at such place or places; shall mature serially in accordance with such schedule, beginning not earlier than one year after date of issuance and ending not later than thirty years thereafter or shall be term bonds; shall have such option of payment prior to maturity; shall guarantee such coverage and collection of rates; shall provide for such additional funds and accounts; and shall contain and be subject to such provisions or covenants as shall be hereafter provided by ordinance. Section 5. The gross revenues and benefits to be derived from the operation and maintenance of the water supply and distribution system of the City, and the additions, exten- sions and betterments thereto herein provided for, at the rates i to be charged for water service on the entire system will, in the judgment of the City Council, be more than sufficient to meet t.11 expenses of operation and maintenance thereof and to permit the setting aside into a special fund out of the gross revenues of the water supply and distribution system of suffi- cient amounts to pay the interest on the bonds herein authorized to be issued and on all outstanding "Water Revenue Bonds, 1948," dated November 1, 1948, "Water Revenue Bonds, 1957," dated July 1, 1957, "Water Revenue Bonds, 1958," dated June 1, 1958, and the "Water Revenue Bonds, 1959," dated June 1, 1959, as such interest becomes due and payable and to pay and redeem all of said bonds at maturity. Section 6. If the conditions required to be met for the issuance of parity bonds as set forth in Section 10 of Ordinance No. 982, passed May 19, 1958, shall be met at the time of issuance of the bonds herein authorized and said bonds shall be issued as parity bonds with the outstanding "Water Revenue Bonds, 1958," dated June 1, 1958, and the ,)utstanding "Water Revenue Bonds, 1959," dated June 1, 1959, the bonds herein auth- orized shall be payable solely out of the special fund of the City created by said Ordinance No. 982, and known as the "Kent, 1958, Water Revenue Bond Redemption Fund." In the event that the bonds herein authorized shall not be issued as parity bonds, the bonds shall be payable solely out of the special fund hereinafter created and shall be a valid claim of the holder thereof only as against such special fund and the amount of the revenues of the water supply and distribution system pledged to such special fund, and shall not be a general obligation of the City of Kent, Washington. i Section 7. In the event that the bonds herein author- ized shall not be issued as parity bonds as referred to in - 9 - Section 6,;above, there shall be and hereby is created and estab- lished in the office of the Treasurer of the City of Kent a special.fund to be known as "Water Revenue Bond Fund, 1959, Issue No. 2," which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the bonds. From and after the date of issuance of said bonds and so long thereafter -as bonds are outstanding against said "Kent, 1958, Water Revenue Bond Redemption Fund" or said "Water Revenue Bond Fund, 1959, Issue No. 2," as the case may be, the City Treasurer shall set aside and pay into the appropriate fund out of the gross revenues of the water supply and distribution system now belonging to or which may hereafter belong to the City, including all additions, exten- sions and betterments thereof at any time made, a fixed amount without regard to any fixed proportion, namely, an amount suffi- cient to pay the principal of and interest on all bonds payable out of said special appropriate fund as they respectively become due and to create such surplus and reserve, if any, that may hereafter be prescribed by ordinance. The gross revenues from the said system are hereby pledged to such payment and the bonds herein authorized shall constitute a charge or lien upon such revenues prior and superior to any other charges whatsoever, excluding charges for maintenance and operation, PROVIDED, HOW- EVER, that if the conditions required to be met for issuance of parity bonds as set forth in Section 10 of Ordinance No. 982, passed May 19, 1958, shall be met at the time of the issuance of the bonds herein authorized, the charge or lien upon such gross revenues for the bonds herein authorized shall be on a parity with the.chwge or lien upon such gross revenues for the out- standing "Water Revenue Bonds, 1958," dated June 1, 1958, and the outstanding "Water Revenue Bonds, 1959," dated June 1, 1959, - 10 - but shall be junior and inferior to the prior charge or lien upon such gross revenues for the outstanding "Water Revenue Bonds, 19.8," dated November'l, 1948, and the outstanding "Water Revenue Bonds, 1957;" dated July 1, 1957. If said parity conditions shall not be'met, the charge or lien upon such gross revenues for the bonds herein authorized shall subordinate and inferior to the prior charge or lien upon such gross revenues for the presently outstanding."Water Revenue Bonds, 19+8," "Water Revenue Bonds, 1957," "Water RevenueBonds, 1958," and "Water Revenue Bonds, 1959.11 Section 8 . The City Council and corporate authorities of the City of Kent hereby declare that in fixing the amounts to be paid into said "Kent, 1958, Water Revenue Bond Redemption Fund" or said "Water Revenue Bond Fund, 1959, Issue No. 2," as the case may be, as set forth herein•they have exercised due regard to the cost of operation and maintenance of the water sup- ply and distribution system of the City and the debt service requirements of the outstanding "Water Revenue Bonds, 19+8," dated November 1, 1948, "Water Revenue Bonds, 1957," dated July 1, 1957, "Water Revenue Bonds, 1958," dated June 1, 1958, and "Water Revenue Bonds, 1959, dated June 1, 1959, and the City of Kent has not bound and obligated itself and will not bind and obligate itself to set aside and pay into such special funds a greater amount or proportion of the revenues of the water supply and dis- tribution system than in the judgment of the City Council will be available over and above such costs of maintenance and operation and debt service requirements of the outstanding "Water Revenue 3., Bonds, 1948;#'�""Water Revenue Bonds, 1957," "Water Revenue Bonds, 1958," and "Water Revenue Bonds, 1959," and that no portion of the revenues of the water supply and distributim system has been previously pledged for any indebtedness other than the said outstanding "Water Revenue Bonds, 19+8," "Water Revenue Bonds, 1957," "Water Revenue Bonds, 1958," and "Water Revenue Bonds, 1959.11 Section 9. The proceeds of the sale of the foregoing bonds shall be used for the sole purpose of making additions to and betterments and extensions of the water supply and distribu- tion system as herein authorized and of paying a part of the cost and expense connected therewith, and the City of Kent, through its proper officers and agents, shall proceed with the making of said improvements and the calling of bids therefor in the manner provided by law. Section 10. Upon the connection and commencement of service to said territories annexed to the City now served by the Water District, the City shall fix and collect water charges for the use of the water facilities and for water service in those territories on the same basis and pursuant to the same standards and authority that now applies to the existing water supply and distribution system of the City, except no charge shall be levied against water users in those territories for the connection of the City' -s water system to the facilities serving said territor- ies, and except that the water charges in those territories may differ from those in other areas of the City, taking into consid- eration, among other things, the level of charges presently paid by water users in the territories serviced by Water District No. 75, maintenance and operation costs of facilities in those terri- tories, and the obligation assumed in this Ordinance by the City 'to service the debt incurred because of the issuance of water revenue bonds by Water District No. 75. Section 11. Upon the connection and commencement of service to the territories within the City now served by Water - 12 - District No. 75, the City hereby covenants and agrees, and the City Treasuer is hereby authorized, to pay from the Water Fund of the City to Water District No. 75 each year such moneys equal to an amount determined by the follolring formula: There shall be determined what percentage of the total revenues of Water District No. 75 derived from charges for water service during the 12 -month periods preceding the respective dates of annexation is represented by the revenues of j -later District No. 75 derived from charges for water service within the territories so anne-Ied during; the 12 -month periods preceding the respective dates of anne�ati.on. The percentage amount so determined shall be multiplied b- the debt service requirements for each year of all then outstanding water revenue bonds of ?dater District No. 75, i-,h_ich bonds were also outstanding on the respective dates of annexation to the City of those territories within slater District TIO. 75, as calculated and ascertained on or before the 15th day of January of.' each ;rear. The product so determined shall be deemed the City's share of the annual debt service requirements of the Nater District due from those terri- tories annexed to the City, and the C:!_.tr hereby covenant:c and agrees to pay ;later District Tdo. 'r5 one -twelfth of that annual oharc on the last daNr of each calenClar month of each respective year. Section 12. Any delinquent char- -Co for servi.co by the plater District e_> _st; n- at th^ time of the City's connection and commencement of service to the territor:i.e:, anne..ed shall not be discharged, but the grater users and, if a-pplicable, tlae proper- ties served, shall .remain Iiable, fog, those aelinquent charges to the ?,Tater District. Section 13. The City Treasurer i_s authorized to receive and place --in the Mater Fund from she dater Distri ct No. '75 Maintenance Fund such moneys equal to an amount determined by the following formula: The total balance of moneys contained in the Water District No. 75 Maintenance Fund on the respective dates of annex- ation to the Cite of territories within Water District No. 75 times the total assessed valuation of real property within the territories so annexed on their respective dates of annexation, divided by the total assessed valuation of the real property of Water District No. 75 on the respective dates of annexation, Provided, however, that any amounts expended by the Iter District from the Water District No. 75 Maintenance Fund within the terri- tories annexed since the respective dates of annexation and until the District facilities within such territories are tarsen over by the City shall be deducted from the amounts to be paid to the City in accordance with the above formula. Section 14. No operation of the City shall affect the right to service of any owner of real estate or any person, within Water District No. 75 but outside the City, who has paid or contributed toward the cost of installation of any improvements located in the territories annexed, except the City shall be under no obligation to maintain, replace, or repair any facilities located outside the City. Section 15. if there shall be located in the territor- ies annexed any real estate, facilities, installations or equip- ment which are used exclusively for service to real estate not annexed to the City, the Water District shall have the right to continue to use such real estate, facilities, installations or equipment for service of the territory of the District not annexed, in the same manner as if the annexation had not been made. 4 Section 16. This Ordinance is declared to be one necessary for the immediate preservation of the public peace, 5 property, health and safety of the people of the City of Kent, Washington. An emergency is hereby declared to exist, and this Ordinance is hereby declared to be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Kent, Washington, and approved by its ATayor at a regular meeting held on the IC7 day of e-1 c,v, 1959 MAYOR ATT T: CITY CLERIC I - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 1 Exhibit I'A" to Accoml:any Ord. No. 1049 On 20th Ave. S0. S. 252nd St. 36th Ave. So. 36th Ave. So. Reith Road S. 240th St. From S. 248th St. 20th Ave. S. S. 248th St. S. 242nd St. 36th Ave. So. P. S. H. #1 Kent -Des -Moines .d36th Ave. So. 24th Place So. Kent DesMoines Rd. To S. 252nd St. 36th Ave. So. Reith Road Kent -DesMoines Rd. 40th Ave. So. 500 feet West of 36th Ave. So. 24th Place So. S. 232nd St.