HomeMy WebLinkAbout4349 ORDINANCE NO.4349
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
acquisition by eminent domain of real property
generally located on the north side of the Green
River and commonly known as 7641 S. 2591h St.,
which property is needed for the construction of
the Milwaukee II Levee Improvement Project. This
ordinance provides for the condemnation,
appropriation, taking, and damaging of real
property necessary for that project and provides for
the payment thereof out of the Milwaukee II Levee
Improvement Project (Fund No. D20090). This
ordinance also directs the City Attorney to
prosecute the appropriate legal condemnation
proceedings in King County Superior Court, to
retain any legal counsel required, and to enter into
settlements, stipulations, or other agreements as
may be necessary.
RECITALS
A. The Milwaukee II Levee Improvement Project (the "Project")
consists of constructing a combination earthen levee and floodwall system
that will reduce flood risk impacts from the Green River from major storm
events and better protect businesses, residents, and roadway
infrastructure in the Kent Valley. The current levee fails to meet federal
standards established by FEMA (the Federal Emergency Management
Agency), which increases the risk of the levee's failure, breach, and
flooding of the Kent Valley. The Project will strengthen the levee and assist
the City in obtaining FEMA certification of its levee system.
1 Condemnation Ordinance -
Milwaukee II Levee
(Skyway Towing Property)
B. The City and the King County Flood Control District ("Flood "
District") entered into an interlocal agreement on June 28, 2016, in
accordance with Ch. 39.34 RCW, to join efforts to cooperatively study
available design alternatives for the Project and acquire any real property
or property rights needed to construct the Project. The Flood District is
authorized by Ch. 86.15 RCW to exercise the power of eminent domain to
acquire any property or rights as necessary to construct an improvement
or carry out its purposes. The City is similarly authorized under the
provisions of Ch. 8.12 RCW. The joining of efforts by the City and the Flood
District through the authority of the Interlocal Cooperation Act allows the
City to acquire real property and property rights within unincorporated
King County for the benefit of both the City and the Flood District.
C. To complete the Project, the City must acquire several parcels
of land within unincorporated King County. The City has been negotiating
with these property owners in an effort to acquire the parcels through
negotiation and an agreed settlement. While negotiation efforts with one
property owner continue to move forward positively, efforts have been less
fruitful with another property owner, which prompted staff to seek Council
approval through this ordinance to authorize formal condemnation
proceedings, if such proceedings become necessary to allow the Project to
proceed as planned.
D. Timing on the Project is critical due to the ongoing annual
flood risk impacts from high-water events in the Green River, and Project
construction costs that continue to rise due to an increase in property
values and inflation. Despite the City's best efforts and the retention of
outside counsel, appraisers, and relocation experts, negotiation efforts with
one property owner have stalled. Given the lack of fruitful negotiations
with that property owner, and the length of time associated with formal
condemnation proceedings, the Project's timing requires that staff obtain
2 Condemnation Ordinance -
Miiwaukee II Levee
(Skyway Towing Property)
Council authorization to proceed with condemnation proceedings, if formal
proceedings become necessary, in order to move the Project forward and
preserve the public health, safety, and welfare. It is essential that if
negotiations continue to stall that the City be able to initiate condemnation
proceedings so that the real property required for the Project can be
obtained to allow the Project to be timely constructed.
E. Prior to Council's action on this ordinance, the City provided
the requisite notice to property owners in the manner provided for in RCW
8.12.005 and RCW 8.25.290.
G. The public health, safety, and welfare depend upon the
completion of this Project, through the exercise of eminent domain rights,
if such become necessary. Through this ordinance, Council authorizes staff
to commence formal proceedings, if reasonably necessary, to condemn,
appropriate, and take for public use and necessity, the Property and
property rights identified herein, if such Property cannot be reasonably
acquired by the City through agreed settlement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Public Use and Necessity Declared. After receiving
the report of City staff, and after reviewing the planned improvements for
the Milwaukee II Levee Improvements Project ("Project"), the City Council
finds and declares that the public convenience, use, health, safety,
welfare, and necessity demand that the City of Kent condemn,
appropriate, take, and damage certain real property located in King
County, Washington, in order to acquire the necessary real property
and/or property rights for the construction of the Project, including all
necessary appurtenances. The property affected by this ordinance is
3 Condemnation Ordinance -
Miiwaukee 11 Levee
(Skyway Towing Property)
commonly referred to as the Skyway Towing Property, is located at 7641
S. 259th St. in unincorporated King County, is legally described in the
attached and incorporated Exhibit A, and is broadly depicted in the
attached and incorporated Exhibit B, (collectively, the "Property"). The
purposes for which this condemnation is authorized shall include, without
limitation, all acts necessary to complete the construction, improvement,
alteration, maintenance, reconstruction, and restoration of the Project,
and any other municipal purpose that may be necessary from time to time
on the Property.
SECTION 2. - Condemnation Authorized. In the event the Property
cannot be reasonably acquired through agreed settlements within the
schedule established by staff to allow the Project to be timely constructed,
the City Council authorizes the acquisition by condemnation of all or a
portion of the Property for the construction, improvement, alteration,
maintenance, and reconstruction of the Project, together with all
necessary appurtenances and related work to make a complete
improvement according to City and Flood District standards.
SECTION 3. - Condemnation Procedures and Proceedings. The City
shall condemn the Property only upon completion of all steps and
procedures required by applicable federal or state law or regulations, and
only after just compensation has first been made or paid into court for the
owner or owners in the manner prescribed by law.
SECTION 4. - Project Fund. The City shall pay for the entire cost
of the acquisition by condemnation provided for in this ordinance through
the City's "Milwaukee II Levee Improvements Project" fund (Fund No.
D20090) or from any of the City's storm and surface water utility funds, if
necessary, as may be provided by law, and subject to reimbursement as
4 Condemnation Ordinance -
Milwaukee II Levee
(Skyway Towing Property)
provided for in the June 28, 2016, Interlocal Agreement between the City
and the Flood District.
SECTION S. - City Attorney Authorized. The City Attorney or
designee is authorized and directed to commence condemnation
proceedings as provided by law that are necessary to condemn the
Property as the Project schedule requires. The City Attorney is specifically
authorized to retain any legal counsel or other expert as may be needed,
and to sign any retainer or other agreement that may be required. In
commencing these condemnation proceedings, the City Council authorizes
the City Attorney to enter into settlements, stipulations, or agreements in
order to minimize damages as the City Attorney determines is appropriate.
These settlements, stipulations, or agreements may include, but are not
limited to, the amount of just compensation to be paid, the size and
dimensions of the property condemned, and the acquisition of temporary
construction easements and other property interests as the City Attorney
may determine are required.
SECTION 6. - Ratification. Any acts consistent with the authority
of this ordinance and prior to its effective date are ratified and affirmed.
SECTION 7. - Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 S. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
� R
DANA RALPH, MAYOR Date 'App�oved
5 Condemnation Ordinance -
Mi/waukee II Levee
(Skyway Towing Property)
ATTEST
KIMBERLEY A. O OTO, CITY CL Date dopted
d ZZ °I
Date Publishe
APPROVED AS TO O
aPAVfI` TZPATRICK, CITY ATTORNEY
6 Condemnation Ordinance -
Miiwaukee II Levee
(Skyway Towing Property)
EXHIBIT A
Skyway Towing & Recovery, Inc.
Parcel A:
Beginning at a point on the East line of the Cavanaugh Tract and
the South line of County Road which is 810.48 feet, more or less,
East and 2,914.56 feet, more or less, South of the Northwest
corner of the Samuel W. Russell Donation Land Claim
Number 41, Section 24, Township 22 North, Range 4 East, W.M.,
in King County, Washington;
Thence South to the White River;
Thence Westerly along the North bank of the White River to the
Easterly line of Chicago Milwaukee St. Paul and Pacific Railroad;
Thence Northerly along said Easterly line to the Southerly line of
said County Road;
Thence Easterly along said road line to Point of Beginning.
Parcel B:
Beginning 810.48 feet East and 2,914.56 feet South of the
Northwest corner of Samuel W. Russell Donation Claim Number
41, Section 24, Township 22 North, Range 4 East, W.M., in King
County, Washington;
Thence South 82.5 feet, more or less, to White River;
Thence Northeasterly along river, 198 feet to the South line of
County Road;
Thence Westerly to the Point of Beginning.
Situate in the County of King, State of Washington.
King County Tax Parcel No. 000660-0017
7 Condemnation Ordinance -
Miiwaukee II Levee
(Skyway Towing Property)
EXHIBIT B
King County
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Miiwaukee II Levee
(Skyway Towing Property)
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to,published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent - Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (881426), a:
Public Notice
was published on November 22"', 2019.
The Ul-amount of the fee charged for said foregoing publication is the sum of$542.99.
Polly Shepherd, Publisher, Kent - Covington Reporter z
cn S z NOTARY
—i: PUBLIC " Z
Subsc sworn to me this 22"d day of November, 2019. -7� `' O
� N0. �g0�'�� �
WAS\A
Gale Gwin,Notary Public for the State of Washington, Residing in Covington,WA
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES i
PASSED BY THE
CITY COUNCIL
The following are sum-
manes of ordinances
passed by the Kent City
Council on November
19,2019:
ORDINANCE NO. 4338
AN ORDINANCE of i
the City Council of the
City of Kent, Washing-
ton,was adopted on No-
vember 5, 2019, which
j granted Zayo Group,
LLC, a 10-year non-ex-
clusive telecommunica-
tions franchise agree-
ment; authorized the
Mayor to sign all docu-
ments necessary to im-
plement the full terms of
the negotiated agree-
ment; and directed the
Z City Clerk to publish no-
tice of Council's grant of
this telecommunications
franchise. A complete
copy of the Telecommu-
nications Franchise
Agreement is available
through the City Clerk's
office, located at 220
Fourth Avenue South in
the City of Kent, or on-
line at https://Docu-
ments.kentwa.govf,
I This ordinance,being an
exercise of a power spe-
cifically delegated to the
City's legislative body,is
not subject to referen-
dum. It shall be pub-
lished and will take ef-
fact 30 days after its
passage. The Franchise
Agreement, however,
shall become effective
only upon its acceptance
by Zayo Group,LLC and
execution by the Mayor.
Should Zayo fail to time-
ly foe its written accep-
tance of the Franchise
Agreement,Zayo will be
deemed to have rejected
Classified Proof
and repudiated the Fran-
chise Agreement and
the franchise will be
voidable by the City.
i ORDINANCE NO. 4339
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
15.02 and 15.04 of the
Kent City Code relating
to group homes, board-
ing homes, short-term
rentals and communal
residences.
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4340
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending sections
6.07.020 and 6.07.050
of the Kent City Code,
regulating signage in the
public right of way, and
amending chapters
15.02 and 15.06 of the
Kent City Code, regulat-
ing signage generally
within the City.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
ORDINANCE NO. 4341
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to local
sales or use taxes; im-
posing the maximum ca-
pacity of the tax author-
ized under the
provisions of RCW
82.14.540 for affordable
and supportive housing;
amending Chapter 3.16
of the Kent City Code by
adding a new section
3.16.035, entitled
"Additional sales or use
tax for housing'and au-
thorizing the Mayor to
use the funds and pool
resources with South
King Housing and
Homelessness Partners.
This ordinance,pursuant
to RCW 35A.11.090(7),
shall take effect and be
in force five days after its
publication, as provided
by law.
ORDINANCE NO. 4342
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
3.18, 3.21, 3.26, 3.28
and 3.29, of the Kent
City Code to consolidate
administrative provisions
for all taxes, align the
City%s B&O tax provi-
sions with the model or-
dinance, and add vari-
ous clarifications.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law. The amend-
ments to the Kent City
Code herein, however,
shall not be effective un-
til January 1,2020.
ORDINANCE NO. 4343
AN ORDINANCE of
Classified Proof
the uny Uouncu of the
City of Kent Washing-
ton, approving the con-
solidating budget adjust-
ments made between
July 1, 2019 and Sep-
!ember 30,2019,reflect-
ing an overall budget in-
crease of$12,002,345,
This ordinance shall take
effect and be in force
five days after publica-
tion,as provided by law.
ORDINANCE NO. 4344
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to the mid-
biennial review and
modification of the 2019-
2020 biennial budget as
required by RCW
35A.34.130 and Ordi-
nance No. 4230; adopt-
ing certain modifications
to the 2020 budget;and
establishing an effective
date.
This ordinance shall take
effect and be in force
January 1, 2020, which
Is more than five days
after its publication, as
provided by law.
ORDINANCE NO. 4345
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,levying 2019 proper-
ty taxes for the 2020 bi-
ennial budget for the
City of Kent.
This ordinance shall take
effect and be in force
January 1, 2020, which
is more than five days
after its publication, as
provided by law.
ORDINANCE NO. 4346
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to reflect a six-
year plan for capital im-
provement projects
(2020-2025)(CPA-2019-
2).
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4347
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to include the
Capital Facilities Plans
of the Kent, Federal
Way, Auburn and High-
line School Districts
(CPA-2019-1).
This ordinance will take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4348
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending Section
12.13.160 of the Kent
City Code to adjust the
school impact fee sched-
ules(CPA-2019-1).
This ordinance shall take
Classified Proof
eneer ano oe rn rorce ou
days from and after its
passage,as provided by
law.
ORDINANCE NO.4349
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,providing for the ac-
quisition by eminent do-
main of real property
generally located on the
north side of the Green
River and commonly
known as 7641 S.259th
St., which property is
needed for the construc-
tion of the Milwaukee 11
Levee Improvement Pro-
ject.This ordinance pro-
vides for the condemna-
tion, appropriation,
taking,and damaging of
real property necessary
for that project and pro-
vides for the payment
thereof out of the Mil-
waukee 11 Levee Im-
provement Project(Fund
No. D20090). This ordi-
nance also directs the
City Attorney to prose-
cute the appropriate le-
gal condemnation pro-
ceedings in King County
Superior Court,to retain
any legal counsel re-
quired,and to enter into
settlements,stipulations,
or other agreements as
may be necessary.
This ordinance shall take
effect and be in force
thirty days from and after
Its passage,as provided
by law.
ORDINANCE NO. 4350
- AN ORDINANCE of
the City Council of the
City of Kent. Washing-
ton,providing for the ac-
quisition by eminent do-
main of real property
generally located on the
north side of the Green
River, along S. 251st
Street,west of Washing-
ton Ave.S.,which prop-
erty is needed for the
construction of the Sig-
nature Pointe Levee Im-
provement Project. This
ordinance provides for
the condemnation, ap-
propriation, taking, and
damaging of real proper-
ty necessary for that pro-
ject and provides for the
payment thereof out of
the Signature Pointe
Levee Improvement Pro-
ject(Fund No. D20085).
This ordinance also di-
rects the City Attorney to
prosecute the appropri-
ate legal condemnation
proceedings in King
County Superior Court,
to retain any legal coun-
sel required, and to en-
ter into settlements,
stipulations, or other
agreements as may be
necessary.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law,
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
.,,... I
Classified Proof
�,,,,�„.,
City Clerk
Kkomoto(o7KentWA oov
253-856-5725
Published in the Kent-
Covington Reporter
November 22, 2019.
#881426
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