HomeMy WebLinkAbout3671Ordinance No. 3671.
(Amending or Repealing Ordinances)
CFN=200 — Outside Sewer & Water Requests
Passed — 12/9/2003
Outside Utility Services
Amends Ords. 2696;2767;2953 (formerly 4.22.10 now 7.11)
ORDINANCE NO. 3G7 (
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Ch. 7.11 of the Kent City
Code, entitled "Utility service outside the city," to clarify
conditions for the provision of utility services to properties
located outside the City limits.
WHEREAS, RCW 35.67.310 allows the City to provide utility service
to properties located outside the City limits upon terms and conditions established by
ordinance; and
WHEREAS, Ch. 7.11 of the Kent City Code contains the City's current
code provisions regarding utility service outside the City, which was last amended in
November 1990; and
WHEREAS, this ordinance amends Ch. 7.11 of the Kent City Code to
separate and clarify what the City will require in order to provide utility services to
properties located outside the City limits, but within the City's potential annexation
area, and when providing utility services to properties located outside the City limits
and outside the City's potential annexation area; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Ch. 7.11 KCC - Utility Service
Outside the City of Kent
SECTION 1. - Amendment. Chapter 7.11 of the Kent City Code,
entitled "Utility service outside the city," is amended as follows:
Chapter 7.11. UTILITY SERVICE OUTSIDE THE CITY
Sec. 7.11.010. Within potential annexation area. . The City
Mpy_wi-ll-tomprovide utility services to properties located outside City limits, but
within the City's potential annexation area, ,
if the property owner requesting such service
covenants and agrees as follows:
1. The owner will enter into a "no protest to annexation" agreement,
which the City will record with the King County Recorder's Office, in which the
owner will give notice of the owner's intent to annex and will petition for annexation
of the property to the City -and e efiee of WeW to ex -under any statutory
annexation method now enacted, or subsequently enacted, that involves a petition
process in order to effect the annexation. The notice and petition will constitute a
covenant that runs with the owner's property and will apply at the time the owner's
theff property is included within any area that whish -the City is considering is eing
eensidefor annexation. The notice and petition agreement will state 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 will include any
outstanding indebtedness of the City contracted prior to or existmg at the time of
annexation. Further, this notice and petition will only be accentedwoo-eiiTunder
terms and conditions established by the City through the public works department and
consistent with the provisions of this chapter.
2 Ch. 7.11 KCC - Utility Service
Outside the City of Kent
city is assessed taxed .� t,pay any„ts4an in ndebtedness E)f_ th_ iiy
n .eey
«tfaete.i p to oexist-tag .,t the t,»,e .,F,,f exeAi,...
23. The owners will agree to design and construct all public improvements
to meet or exceed City subdivision and construction standards. The City's public
works director, or his or her designee, dep ergreserves Asthe right to withhold
providing sanitary sewer -,,ed or water service until the public improvements have been
constructed in accordance with such standards.
34. The owners will agree to provide the City with mylar-reproducible or
other acceptable as -built construction drawings of the public improvements prior to
initiating building construction on any lot within Apy #ie -proposed subdivision of the
property. The City shall have the right to inspect all construction work during and
after completion. Any work found not to have been constructed in accordance with
City construction standards, as determined by the public works director or his or her
designee, shall be corrected by owner at the owner's sole cost and expense.
4-5. The ovine fs that a 1 4 o f the ..t
»b.....�yv:vpri=cm�ac—pivpercT-- will --vrcutc
e
streets, ,
and tF^Fa a e system. The owners will agree and covenant thatw�lLo participate in
the cost of constructing required improvements determined to be necessary by the City,
including impacts to the City's streets roads and traffic system and payment of a
proportionate share of all costs associated with the construction of the road and traffic
system improvements as determined by the Cit. These improvements ae iens-must be
completed to the City's satisfaction prior to the City providing utility service to the
s*eetpr-epeft .
3 Ch. 7.11 KCC - Utility Service
Outside the City of Kent
5-7. The requirements of this section will act as Ecovenants and promises
that will shall -run with the land and shal-l-be binding upon
all parties and successors in interest having or acquiring any right, title, or interest in
the property and the improvements described in any agreement.
68. The owners will agree that, should it fail to comply with any of the
covenants ore€ any agreements executed with the City, the City may, at its sole
discretion, terminate the eilyls-utility services provided to the owner.
79. The annexation areas subject to these agreements
shall be consistent with the City's side
comprehensive plan; provided, w,.weve., that the , e s fihA a. agFee that until . ,,.w
time as the 1990 1993 eempr-ehensive plan update is eemplete, and with
the Gr4yCLty's long-range planning goalsassIhA--w determined by the planning
manager.air-ee'er-, and that _tThe City may withhold full implementation of the
comprehensive land use plan map designations in its annexation zoning proposals in
order to achieve a more orderly physical development pattern and to implement its
goals of twenty (20) percent density reduction in multifamily residential areas.
848. The owners will state in its their -application for utility service or in its
notice and petition for annexation the existing King County zoning designation in
order to and—certify that it is consistent with the City's plan as detefmined by the
plaming dir-aete f unAil ah time s the 1990 1993—comprehensive plan—u�s
eemplete.
Section 7.11.020. Outside Potential Annexation Area. In accordance with
RCW 35.67.310, as currently enacted or hereafter amended or recodified the City may
provide utility services to properties located outside City limits and outside the City's
4 Ch. 7.11 KCC - Utility Service
Outside the City of Kent
potential annexation area if the property owner requesting such service covenants and
agrees, in wasting, to the following requirements:
1. The owner agrees that development of the property may create
significant impacts on the City, including impacts to the City's streets, roads, and
traffic system and to the City's creeks, streams, and drainage_system. The owner will
agree and covenant that it will participate in the cost of constructing required
improvements determined to be necessary by the City. These actions must be
completed to the City's satisfaction prior to the City -providing utility service to the
subject property.
2. The owner agrees and covenants that it will mitigate its impact upon the
City's storm drainage system in those areas deemed appropriate by the City's public
works director, or his or her designee. Mitigation may be by implementing the off-site
mitigation improvements deemed necessary. by the City, by paying to the City an
amount equivalent to the estimated cost of construction of the necessary improvements
in order to mitigate the impact upon the City's system due to development of owner's
property, or by other appropriate mitigation procedures. In those instances where
impacts to a major or regional project is involved, the owner shall pay a prorated share
as determined appropriate by the City. Construction of any mitigating improvements
shall meet or exceed City construction standards and shall be further made in
accordance with this subsection.
3. The owner shall agree to pay a proportionate share of all costs
associated with the construction of the road and traffic system improvements as
determined by the City. Further, where the subject property abuts and takes access off
of a City street, the owner agrees to improve the property's frontage to City standards
as outlmed in the Citv's construction standards. The owner shall submit plans of the
frontage improvements to the City for review and approval along with providing mylar
reproducible or other acceptable as -built construction drawings upon completion The
City shall have the nght to inspect the construction work during and after completion
Ch. 7.11 KCC - Utility Service
Outside the City of Kent
Any work found not to have been constructed in accordance with the City's
construction standards, as determined by the City's public works director or his or her
designee, shall be corrected by owner at owner's expense. These frontage
imvrovements must be completed or bonded to the satisfaction of the City prior to the
Cityproviding utility service to the property.
4. The owner aexees that the covenants and promises contained in these
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
imvrovements described in any agreement.
5. The owner agrees that, should it fail to comply with any of the
covenants or any of the agreements executed with the City, the City, at its sole
discretion, terminate the utility services provided to owner.
6. For those properties seeking City utility service that would affect an
upstream tributary of a drainage watershed area that is subject, all or in part, to City
regulation or control, and which is serviced, all or in part, by the City's storm and
surface water utility, the following additional requirements will also apply:
(a) The owner will design and construct all public and/or private
storm water detention and water quality treatment system(s) ("drainage system(s)") in
a manner that meets or exceeds City construction standards as determined by the public
works department The City's public works director, or his or her designee reserves
his or her right to withhold sanitary sewer and water service until the drainage
system(s) have been constructed in accordance with these standards.
(b) The owner will submit all construction plans for the drainage
system(s) associated with the development to the City for its review and approval prior
to initiatingdevelopment work on the property. The owner will provide the City with
molar -reproducible or other acceptable as -built construction drawings of the drainage
Ch. 7.11 KCC - Utility Service
Outside the City of Kent
system(s) after they have been constructed. The owner will grant the City the right to
enter the owner's property at any time in order to inspect any construction work during
design or construction, or after its completion. Any work found not to have been
constructed in accordance with City construction standards, as determined by the
public works director or his or her designee, shall be corrected by the owner at its sole
cost and expense.
(c) The owner will pay any permit review fees deemed appropriate
by the public works director. The owner must grant to the City a right of access to
inspect continuing operations and maintenance of the drainage system(s) to assure they
are being operated and maintained properly. If the drainage system(s) are not
maintained or operated properly, the owner agrees to promptlyy g the utility
facilities into compliance with City standards.
(d) Where deemed appropriate by the public works director, or his
or her designee, owner's property may be subject to the same terms and conditions as
those properties located within City limits, including but not limited to service charges
in accordance with Ch. 7.05 of the Kent City Code, as currently enacted or as hereafter
amended or recodified from time to time.
SECTION Z — Severabdity. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. — Wective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its sage as provided by
JIM ITE, MAYOR
Ch. 7. 11 KCC -Utility Service
Outside the City of Kent
ATTEST:
APPROVED AS TO FORM:
131k6u,-
fOM BRI AKER, CITY ATTORNEY
PASSED: 4— day of December, 2003.
APPROVED: y day of December, 2003.
PUBLISHED: L day of December, 2003.
I hereby certify that this is a true copy of Ordinance No. 34 7/passed
by the City council of the City of Kent, Washington, and approved by the mayor of the
City of Kent as hereon indicated.
PC�nI`O�dsvm`H.rmSn..uO.WiNy J 11 dae
EAL)
BRENDA JACOBER ITY CLERK
8 Ch. 7.11 KCC - Utility Service
Outside the City of Kent