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Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 City Limits

1.12 Form of Government

1.16 City Seal

1.18 Public Records

1.20 Repealed

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption.

1.01.020 Title – Citation – Reference.

1.01.030 Codification authority.

1.01.040 Ordinances passed prior to adoption of code.

1.01.050 Reference applies to all amendments.

1.01.060 Title, chapter and section headings.

1.01.070 Reference to specific ordinances.

1.01.080 Effect of code on past actions and obligations.

1.01.090 Effective date of code.

1.01.100 Constitutionality.

1.01.010 Adoption.

Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is hereby adopted the “Sumner Municipal Code,” as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 1402 § 1, 1987)

1.01.020 Title – Citation – Reference.

This code shall be known as the “Sumner Municipal Code” and it shall be sufficient to refer to said code as the “Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Sumner Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Sumner Municipal Code,” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 1402 § 2, 1987)

1.01.030 Codification authority.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Sumner, Washington, codified pursuant to the provisions of RCW 35.21.500 through 35.21.570. (Ord. 1402 § 3, 1987)

1.01.040 Ordinances passed prior to adoption of code.

The last ordinance included in the initial code is Ordinance No. 1378, passed December 15, 1986. The following ordinances, passed subsequent to Ordinance No. 1378 but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances No. 1379 through No. 1398. (Ord. 1402 § 4, 1987)

1.01.050 Reference applies to all amendments.

Whenever a reference is made to this code as the “Sumner Municipal Code” or to any portion thereof, or to any ordinance of the city of Sumner, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 1402 § 5, 1987)

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 1402 § 6, 1987)

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1402 § 7, 1987)

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the city of Sumner shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 1402 § 8, 1987)

1.01.090 Effective date of code.

This code shall become effective on the date the ordinance adopting this code as the “Sumner Municipal Code” shall become effective. (Ord. 1402 § 9, 1987)

1.01.100 Constitutionality.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The city council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional; and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 1402 § 10, 1987)

Chapter 1.04
GENERAL PROVISIONS

(Reserved)

Chapter 1.08
CITY LIMITS1

Sections:

1.08.010 City limits.

1.08.010 City limits.

The corporate limits of the city shall, from and after the effective date of the ordinance codified in this section, be fixed and described as follows, and the city shall be bounded in the following manner:

A PORTION OF TOWNSHIP 20 NORTH, RANGE 4 EAST, W.M.; AND TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.; DESCRIBED AS FOLLOWS:

IN TOWNSHIP 20 NORTH, RANGE 05 EAST OF THE WILLAMETTE MERIDIAN:

BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 6 OF SAID TOWNSHIP AND RANGE, SAID POINT BEING ON THE BOUNDARY OF THE AREA ANNEXED TO THE CITY OF AUBURN UNDER AUBURN ORDINANCE NUMBER 5512; THENCE WESTERLY FOLLOWING SAID BOUNDARY OF THE CITY OF AUBURN ALONG THE SOUTH BOUNDARY OF SAID SECTION 6 TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 7 IN SAID SECTION 6; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID GOVERNMENT LOT 7 TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH BOUNDARY OF SAID GOVERNMENT LOT 7 TO THE WESTERLY RIGHT-OF-WAY OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY TO THE WEST LINE OF SAID SECTION 6;

THENCE IN TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN:

CONTINUING NORTH ALONG SAID WEST RIGHT-OF-WAY OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD TO THE SOUTH BOUNDARY OF THE NORTHEAST QUARTER OF SECTION 1 OF SAID TOWNSHIP AND RANGE, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 1 BEARS S88°25'14"E; THENCE CONTINUING NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE N0°54'30"W 70.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 8TH STREET EAST/STEWART ROAD; THENCE ALONG SAID NORTHERLY MARGIN S82°26'07"W 148.05 FEET, N89°48'08"W 474.24 FEET, AND N88°25'14"W 477.67 FEET; THENCE LEAVING SAID NORTHERLY MARGIN OF SAID 8TH STREET EAST/STEWART ROAD N7°41'58"W 155.36 FEET; THENCE S 76°16'32" W 313.22 FEET; THENCE N13°40'45"W 136.12 FEET; THENCE N76°19'15"E 1,489.14 FEET TO THE SAID WEST RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE N0°54'30"W ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH LINE OF SAID SECTION 1, ALSO BEING THE KING-PIERCE COUNTY LINE; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 1 TO THE EAST LINE OF THE INTER-COUNTY RIVER IMPROVEMENT DISTRICT PARCEL AS RECORDED UNDER AUDITOR FILE NUMBERS 413464, 413465, 413467, AND 646075; THENCE SOUTHWESTERLY ALONG SAID EAST PARCEL LINE TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 8TH STREET EAST/STEWART ROAD; THENCE WESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE EAST LINE OF THE 138TH AVENUE EAST/BUTTE DRIVE RIGHT-OF-WAY AND THE CITY OF PACIFIC CITY LIMITS AS ESTABLISHED BY CITY OF PACIFIC ORDINANCE NO. 1256; THENCE SOUTH ALONG SAID CITY LIMITS TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF 8TH STREET EAST/STEWART ROAD; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE EAST RIGHT OF WAY LINE OF ST. PAUL BOULEVARD AND ALONG SAID CITY LIMITS; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE TO THE NORTH RIGHT OF WAY LINE OF 16TH STREET EAST, ALSO BEING THE NORTH LINE OF THE AREA ANNEXED TO THE CITY OF SUMNER UNDER SUMNER ORDINANCE NUMBER 1736; THENCE WESTERLY ALONG THE SAID NORTH RIGHT-OF-WAY LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY EAST; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT-OF-WAY LINE, WHICH IS ALSO THE EAST BOUNDARY OF THE CITY OF EDGEWOOD, TO THE SOUTH LINE OF SECTION 11 OF SAID TOWNSHIP AND RANGE, THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 14 OF SAID TOWNSHIP AND RANGE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID SUBDIVISION TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 14; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14 TO THE WEST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY EAST; THENCE SOUTHERLY FOLLOWING SAID WEST RIGHT-OF-WAY LINE TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 24 OF SAID TOWNSHIP AND RANGE; THENCE WESTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 24 TO WEST LINE OF SAID SECTION 24; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SECTION 24 1,904.33 FEET MORE OR LESS TO THE ORIGINAL CITY LIMITS OF SUMNER AS ESTABLISHED BY ELECTION ON JANUARY 27, 1891; THENCE S50°11'00"W 166.25 FEET; THENCE S84°41'00"W 174.40 FEET TO A MONUMENT; THENCE N65°19'00"W 174.60 FEET TO A MONUMENT; THENCE N44°19'00"W 307.85 FEET TO A MONUMENT ON THE SOUTH BANK OF THE STUCK RIVER; THENCE SOUTHERLY ALONG THE CENTERLINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE 981.75 FEET TO A 1/64 SECTION MONUMENT; THENCE EASTERLY 660.00 FEET TO THE SOUTHWEST CORNER OF SECTION 24 OF SAID TOWNSHIP AND RANGE; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTION 25 OF SAID TOWNSHIP AND RANGE, ALSO BEING THE BOUNDARY OF THE ORIGINAL CITY LIMITS OF SUMNER AS ESTABLISHED BY ELECTION ON JANUARY 27, 1891 660 FEET TO THE 1/64 SECTION POST ON THE WEST LINE OF SAID SECTION 25; THENCE EASTERLY ALONG THE SAID 1/64 SECTION LINE TO THE EAST LINE OF TACOMA SEATTLE TRANSMISSION LINE; THENCE SOUTHWESTERLY ALONG SAID EAST LINE TO THE NORTH BANK OF THE PUYALLUP RIVER; THENCE SOUTHEASTERLY ALONG THE NORTH BANK OF THE PUYALLUP RIVER TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST HALF OF SAID SUBDIVISION TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SAID SECTION 25; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION TO THE NORTH BANK OF THE PUYALLUP RIVER; THENCE SOUTHEASTERLY ALONG THE NORTH BANK OF THE PUYALLUP RIVER TO THE EAST LINE OF SAID SECTION 25; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 25 TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROUTE 410 (PRIMARY STATE HIGHWAY NO. 5);

THENCE IN TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN:

CONTINUING NORTHEASTERLY ALONG THE SAID NORTH RIGHT-OF-WAY LINE TO ITS INTERSECTION WITH THE EAST LINE OF THE A.H. WOOLERY DONATION LAND CLAIM LOCATED IN SECTION 30 OF SAID TOWNSHIP AND RANGE; THENCE SOUTHERLY ALONG THE SAID EAST LINE OF THE A.H. WOOLERY DONATION LAND CLAIM TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTHERLY 264.00 FEET ALONG SAID EAST LINE TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER LYING 1,056.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE EASTERLY TO A POINT ON THE WEST LINE OF THE 166TH AVENUE EAST RIGHT-OF-WAY BEING 1,056.00 FEET SOUTH OF AND 20 FEET WEST OF THE NORTHEAST CORNER OF NORTHEAST QUARTER OF SAID SECTION 30, THENCE EASTERLY 185.00 FEET TO A POINT WHICH IS 1048.18 SOUTH OF AND 165.00 FEET EAST OF THE NORTHWEST CORNER OF NORTHWEST QUARTER OF SECTION 29 OF SAID TOWNSHIP AND RANGE; THENCE SOUTHERLY 467.48 FEET TO A POINT WHICH IS 1,515.66 FEET SOUTH OF AND 165.00 FEET EAST OF THE NORTHWEST CORNER OF NORTHWEST QUARTER OF SAID SECTION 29; THENCE EASTERLY 1,150.60 FEET TO A POINT WHICH IS 1,517.56 FEET SOUTH OF AND 1,315.60 FEET EAST OF THE NORTHWEST CORNER OF NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF STATE ROUTE 410/ P.S.H. NUMBER 5 AND THE EAST LINE OF WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTHEASTERLY TO THE INTERSECTION OF THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29 AND WITH THE EAST LINE OF STATE ROUTE 410/ P.S.H. NUMBER 5; THENCE NORTHWESTERLY ALONG THE EAST RIGHT-OF-WAY LINE OF 64TH STREET EAST AND STATE ROUTE 410/P.S.H. NUMBER 5 TO THE SOUTH LINE OF SECTION 20 OF SAID TOWNSHIP AND RANGE 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 20 TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTHERLY ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 20 TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE WESTERLY ALONG THE SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 20 TO THE SOUTHEAST CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 18 TO THE EAST RIGHT-OF-WAY LINE OF SUMNER-TAPPS HIGHWAY; THENCE NORTHWESTERLY ALONG THE SAID EAST RIGHT-OF-WAY LINE TO THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 18; THENCE NORTHERLY ALONG THE SAID WEST LINE OF THE EAST HALF OF THE EAST HALF TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 18; THENCE WESTERLY ALONG THE SAID NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 18 TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 18; THENCE NORTHERLY ALONG THE SAID WEST LINE OF THE EAST HALF OF SECTION 18 TO THE SOUTH LINE OF SECTION 7 OF SAID TOWNSHIP AND RANGE; THENCE WEST 25 FEET ALONG THE SOUTH LINE OF THE SAID SECTION 7 TO A POINT ON THE EAST LINE OF LOT 4, LARGE LOT SUBDIVISION AS RECORDED UNDER AUDITOR'S FEE NUMBER 86-03-19-0359 PIERCE COUNTY; THENCE NORTHERLY 180 FEET ALONG THE SAID EAST SUBDIVISION LINE; THENCE CONTINUING NORTHERLY 390.55 FEET ALONG THE SAID EAST LINE OF LOT 3 OF THE SAID LARGE LOT SUBDIVISION TO THE SOUTH LINE OF LOT 1 OF SAID LARGE LOT SUBDIVISION; THENCE EASTERLY 52.03 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF LOT 1; THENCE CONTINUING NORTHERLY ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 7 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 6 OF SAID TOWNSHIP AND RANGE AND THE POINT OF BEGINNING.

ALSO INCLUDING:

THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 29 OF TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M. TOGETHER WITH THE WEST 20 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29. TOGETHER WITH A PROPERTY BEGINNING AT THE EAST RIGHT-OF-WAY LINE OF THE SUMNER-BUCKLEY HIGHWAY AS IT EXISTED ON NOVEMBER 19, 1962 AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 79°55'00" EAST 54.80 FEET; THENCE NORTH 11°11'00" EAST 62.16 FEET; THENCE NORTH 66°05'00" EAST 81.08 FEET; THENCE SOUTH 25°11'00" EAST 76.34 FEET; THENCE SOUTH 14°02'00" EAST 138.16 FEET; THENCE SOUTH 24°02'00" WEST 79.68 FEET, THENCE NORTH 89°58'00" WEST 146.50 FEET MORE OR LESS TO THE SAID EAST RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.

EXCEPT A PROPERTY BEGINNING AT THE EAST RIGHT-OF-WAY LINE OF THE SUMNER-BUCKLEY HIGHWAY AS IT EXISTED ON NOVEMBER 19, 1962 AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 79°55'00" EAST 54.80 FEET; THENCE NORTH 11°11'00" EAST 62.16 FEET; THENCE NORTH 66°05'00" EAST 81.08 FEET; THENCE SOUTH 25°11'00" EAST 76.34 FEET; THENCE SOUTH 14°02'00" EAST TO THE SAID SOUTH LINE; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT 325.00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 29°08'00" WEST 145.50 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE SAID SOUTH LINE 257.75 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE 124.47 FEET TO THE SAID SOUTH LINE; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. ALSO, EXCEPT THE REMAINDER OF ANY PORTION OF THE EAST 660.00 FEET OF THE SOUTH 1,320.00 OF SAID EAST HALF. ALSO, EXCEPT THE WEST 625.00 FEET OF SAID EAST HALF. ALSO, EXCEPT ROAD AS THEY EXISTED ON JUNE 18, 1984.

ALSO INCLUDING:

BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32 OF TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 32 372.36 FEET TO AN IRON PIPE; THENCE SOUTHERLY 190 FEET TO AN IRON PIPE; THENCE WESTERLY 220 FEET TO AN IRON PIPE; THENCE NORTHERLY 180 FEET; THENCE WESTERLY 152.36 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32 10 FEET AND THE POINT OF BEGINNING.

ALSO INCLUDING:

BEGINNING AT THE SOUTHWEST CORNER OF THE 40-ACRE TRACT IN THE I. WOOLERY DONATION LAND CLAIM IN SOUTHWEST QUARTER OF SECTION 23 OF TOWNSHIP 20 NORTH, RANGE 4 EAST, W.M., CONVEYED BY SAID WOOLERY TO BENJAMIN F. YOUNG BY DEED RECORDED IN BOOK 4 OF PAGE 734; THENCE S89°47'30"W 191.00 FEET; THENCE N0°14'20"W 672.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF VALLEY AVENUE EAST; THENCE N75°11'00"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE 257.85 MORE OR LESS; THENCE SOUTH 705.00 FEET TO A PIPE MONUMENT WHICH IS S89°46'30"W 250.00 FEET WEST OF THE POINT OF BEGINNING; THENCE S0°39'54"E 469.93 TO A PIPE MONUMENT; THENCE S89°33'42"E 338.54 FEET; THENCE S0°53'22"E TO THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STATE HIGHWAY ROUTE 167; THENCE EASTERLY ALONG THE SAID NORTH RIGHT-OF-WAY LINE TO A LINE 2,012.505 FEET SOUTH OF THE NORTH LINE OF SAID LAND CLAIM; THENCE EAST ALONG SAID LINE TO THE WEST LINE OF 124TH AVENUE COURT EAST FORMERLY ROESLI ROAD OR 23RD STREET NORTHEAST; THENCE NORTHERLY ALONG THE SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF VALLEY AVENUE EAST; THENCE NORTHWESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF THE 40-ACRE TRACT IN THE I. WOOLERY DONATION LAND CLAIM IN THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTHWEST CORNER OF THE 40-ACRE TRACT IN THE I. WOOLERY DONATION LAND CLAIM IN SOUTHWEST QUARTER OF SAID SECTION 23 AND THE POINT OF BEGINNING.

ALSO INCLUDING:

COMMENCING AT A STONE MONUMENT BEING THE INSIDE CORNER ELL OF THE I. WOOLERY DONATION LAND CLAIM IN THE SOUTHEAST QUARTER OF SECTION 23 OF TOWNSHIP 20 NORTH, RANGE 4 EAST, W.M.; THENCE WESTERLY ALONG THE EXTENSION OF THE NORTH LINE OF THE I. WOOLERY DONATION LAND CLAIM IN THE SOUTHEAST QUARTER OF SAID SECTION 227.20 FEET TO A STONE MONUMENT AND THE POINT OF BEGINNING; THENCE N0°14'20"E 69.80 FEET TO THE SOUTH LINE RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, FORMERLY THE CHICAGO-MILWAUKEE-ST. PAUL AND PACIFIC RAILROAD; THENCE NORTHWESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE TO POINT WHICH IS 449.69 FEET SOUTH OF THE NORTH LINE OF SOUTHWEST QUARTER OF SAID SECTION 23 AND 28.50 FEET WEST OF THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE CONTINUING NORTHWESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE 776.90 FEET; THENCE S10°45'30"W 292.40 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VALLEY AVENUE EAST, THENCE SOUTHEASTERLY ALONG THE SAID NORTH RIGHT-OF-WAY LINE 486.30 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG THE SAID NORTH RIGHT-OF-WAY LINE 854.66 FEET TO AN IRON MONUMENT; THENCE N0°14'20"E TO THE POINT OF BEGINNING, EXCEPT THE WESTERLY 120 FEET.

ALSO INCLUDING:

BEGINNING AT THE NORTHWEST CORNER LOT 33 OF THE GREENLAWN ADDITION TO SUMNER IN THE SOUTHEAST QUARTER OF SECTION 23 OF TOWNSHIP 20 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 33 TO THE NORTH SOUTH BANK OF THE STUCK RIVER; THENCE WESTERLY ALONG THE SOUTH BANK OF THE SAID RIVER TO THE CONFLUENCE OF THE STUCK RIVER AND THE PUYALLUP RIVER; THENCE SOUTHEASTERLY ALONG THE NORTH BANK OF THE PUYALLUP RIVER TO THE WEST LINE OF LOT 34 OF THE GREENLAWN ADDITION TO SUMNER; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 34 TO THE NORTHWEST CORNER OF LOT 35 OF GREENLAWN ADDITION TO SUMNER IN THE NORTHEAST QUARTER OF SECTION 26 OF TOWNSHIP 20 NORTH RANGE 5 EASE, W.M.; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 35 TO THE SOUTHWEST CORNER OF SAID LOT 35, THENCE EASTERLY ALONG SOUTH LINE OF SAID LOT 35 TO THE SOUTHEAST CORNER OF SAID LOT 35, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF VACATED MEADE AVENUE; THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF VACATED MEADE AVENUE TO THE EAST LINE OF VACATED MEADE AVENUE, ALSO BEING THE SOUTHWEST CORNER OF LOT 36 OF THE GREENLAWN ADDITION TO SUMNER; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 36 TO THE SOUTHEAST CORNER OF SAID LOT 36; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 36 TO A POINT 50.00 SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF HARRISON STREET/63RD STREET EAST; THENCE EASTERLY ALONG A LINE WHICH IS PARALLEL TO AND 50.00 FEET SOUTH OF THE SAID SOUTH RIGHT-OF-WAY LINE 78.00 FEET; THENCE NORTHERLY ALONG A LINE WHICH IS PARALLEL TO AND 78.00 FEET EAST OF THE EAST LINE OF SAID LOT 36 50.00 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE TO THE CENTER LINE OF VACATED MEADE AVENUE; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE EASTERN EXTENSION OF THE NORTH LINE OF LOT 33 OF THE GREENLAWN ADDITION TO SUMNER IN THE SOUTHEAST QUARTER OF SECTION 23 OF TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.; THENCE WESTERLY ALONG THE SAID EASTERN EXTENSION OF SAID LOT 33 TO THE NORTHEAST CORNER OF SAID LOT 33; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 33 TO THE POINT OF BEGINNING.

(Ord. 2183 § 1, 2006: Ord. 2163 § 1, 2006: Ord. 520 § 1, 1950. Prior code § 1.32.010)

Chapter 1.12
FORM OF GOVERNMENT

Sections:

1.12.010 Noncharter code city classification adopted.

1.12.020 Tenure of councilmen.

1.12.010 Noncharter code city classification adopted.

The city hereby adopts the classification of noncharter code city operating under the mayor-council plan of government as set forth in chapter 35A.12 RCW, endowed with all the applicable rights, powers, privileges, duties and obligations of noncharter code cities as set forth in chapter 35A.12 RCW as it exists as of the effective date of the ordinance codified in this chapter, including, but not by way of limitation, those set forth in chapter 35A.11 RCW, and further including any and all supplements, amendments or other modifications of RCW Title 35A which may be enacted after the effective date of the ordinance codified in this chapter. (Ord. 1193 § 1, 1982)

1.12.020 Tenure of councilmen.

The present city councilmen as of the effective date of the ordinance codified in this chapter shall continue to hold office for the balance of the terms for which they were elected. Upon expiration of their terms, their successors shall be elected for four-year terms as provided in chapter 35A.29 RCW. (Ord. 1193 § 2, 1982)

Chapter 1.16
CITY SEAL

Sections:

1.16.010 Form of corporate seal.

1.16.010 Form of corporate seal.

The corporate seal of the city shall be as follows: a metallic circular device on which shall be engraved and embossed the words around the circle “The City of Sumner, Washington” encircling the words, “Corporate Seal,” which device shall be capable of making an impression of the words on paper. (Ord. 3 § 1, 1891. Prior code § 1.02.010)

Chapter 1.18
PUBLIC RECORDS

Sections:

1.18.010 Findings.

1.18.020 Public records index – Order – Maintenance not required.

1.18.030 Public records disclosure – Purpose.

1.18.040 Public records officer.

1.18.050 Production of public records – Generally.

1.18.060 Requests for public records.

1.18.070 Initial response to request.

1.18.080 Final response to request.

1.18.090 Inspection of records.

1.18.100 Copying fees.

1.18.110 Review of public records request denials.

1.18.010 Findings.

A. RCW 42.56.070(1) requires all cities and public agencies to maintain and make available a current index of various public records.

B. RCW 42.56.070(4) provides that if maintaining such an index would be unduly burdensome, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

C. The city of Sumner is comprised of numerous departments, and their divisions and subdivisions, which maintain separate databases and/or record keeping systems and would makes it extremely difficult, if not physically impossible, and would interfere with city operations to compile an index.

D. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.

E. The city produces or receives an uncountable number of records each day and maintains an uncountable number of records in numerous city files.

F. The development and maintenance of a city index would be extremely costly and would provide little benefit to the public compared to the expense in maintaining the index.

G. The city’s operations do not allow for the addition, revision, or reassignment of duties of existing personnel so that an index may be developed and maintained.

H. Anticipated city revenues do not allow for additional staff for the purpose of creating and maintaining such an index.

I. Pursuant to chapter 42.56 RCW, the city of Sumner will disclose all public records, including any indexes that are maintained by the city, to the extent such records or indexes are not exempt from disclosure pursuant to chapter 42.56 RCW or other applicable laws. (Ord. 2228 § 1 (part), 2007)

1.18.020 Public records index – Order – Maintenance not required.

Pursuant to RCW 42.56.070(4), the city council orders the following:

A. The city of Sumner is not required to maintain a current index of public records due to findings of the city council that the requirement to do so is unduly burdensome and would interfere with city operations and such a list is nearly impossible to create and/or maintain; and

B. Pursuant to chapter 42.56 RCW, the city of Sumner shall disclose all public records and any indexes of public records maintained by the city to the extent not exempt from disclosure pursuant to chapter 42.56 RCW or other applicable laws. (Ord. 2228 § 1 (part), 2007)

1.18.030 Public records disclosure – Purpose.

The purpose of this chapter is to establish the procedure for obtaining public records from the city of Sumner as required by chapter 42.56 RCW as currently enacted or hereafter amended. (Ord. 2228 § 1 (part), 2007)

1.18.040 Public records officer.

A. The city clerk, who is the records management officer for the city, is hereby designated as the city’s public records officer. The city administrator is authorized to establish and implement policies and procedures for responding to requests for public records to be consistent with those set forth in this chapter.

B. Any person requesting public records of the city should contact the public records officer at:

City Clerk

City of Sumner

1104 Maple Street, Suite 200

Sumner, WA 98390

253-299-5500 (Ph)

253-299-5509 (Fax)

Information is also available at the city’s web site at www.ci.sumner.wa.us. (Ord. 2228 § 1 (part), 2007)

1.18.050 Production of public records – Generally.

A. Unless exempt from disclosure pursuant to chapter 42.56 RCW, as currently enacted or hereafter amended, or other applicable federal or state law, public records shall be available for inspection and copying. The city may make public records available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. Failure of the city to fully comply with any provision of this chapter shall not result in any liability imposed upon the city other than that outlined in chapter 42.56 RCW, as currently enacted or hereafter amended.

B. The city need only disclose records to the extent required by state or federal law and nothing in this policy shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by state or federal law. Generally, any record, or portion thereof, which is exempt from disclosure, will not be disclosed, and information contained in the records may be removed to the extent necessary or permissible by law. The city is not required to create records or documents in response to a request for public records that do not exist at the time the request is made.

C. State law does not require the city to retain and/or maintain every public record it has ever created or used. The city of Sumner has adopted a retention schedule that has been approved by the State Records Committee. (Ord. 2228 § 1 (part), 2007)

1.18.060 Requests for public records.

A. In order to track and promptly respond to all requests for public records, such requests shall be made in writing and delivered in person, fax or by mail. Requests delivered by telephone, orally, or by e-mail will not be accepted as valid public record requests.

B. The city will provide a public records request form that may be used by those requesting public records. The public records request form is available and can be downloaded from the city’s website at www.ci.sumner.wa.us. In lieu of submitting the request for public records on the city’s form, the request may also be submitted in other written format but must contain the following information:

1. The date of the request;

2. The name of the requestor;

3. The full address of the requestor;

4. The telephone number of the requestor;

5. A complete description of the requested record;

6. The title and date of the requested record, if known;

7. The location of the requested record, if known; and

8. Whether the requestor intends to inspect the records or to obtain a copy of the records, at the cost set forth in SMC 1.18.100.

C. Requests for public records shall be submitted to the city clerk, or to a designated city employee pursuant to subsection (D) of this section. The city clerk may authorize other city employees to make the initial response pursuant to SMC 1.18.070 to a request for public records. All requests shall comply with subsections (A) and (B) of this section.

D. The following designated city employees may receive public record requests directly for the specific records identified in this subsection for each designated employee.

1. The records clerk of the police department, if the request is to inspect and/or copy a police or incident report.

2. The records clerk of the Sumner municipal court if the request is to inspect and/or copy documents within the control of the court.

If the record requested is not identified in subsections (D)(1) and (D)(2) of this section, or the requestor is unsure of where to file the request, the request shall be filed with the city clerk/public records officer. (Ord. 2228 § 1 (part), 2007)

1.18.070 Initial response to request.

A. The city shall make an initial response to the request for public records within five business days of receipt of the request. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending upon the nature of the request, the city may respond initially by:

1. Producing the record after the payment of applicable fees, if any;

2. Acknowledging in writing the city’s receipt of the request accompanied by an estimate of the time necessary for further response;

3. Denying the request in writing accompanied by an explanation of the basis for the denial;

4. Acknowledging in writing that the records responsive to the request are available for inspection; or copying, and that pursuant to SMC 1.18.100 a deposit is required for copies; or

5. Requesting in writing clarification of the request.

B. In the event that the requestor completes the city’s standard public records request form, the city may return a copy of the request to the requestor with an estimation of time necessary to provide a final response to the request. This indication on the form of the estimation of time constitutes and satisfies the city’s initial response required within five days of receipt of the public disclosure request. Records provided in response to a public records request shall be those documents of record available for disclosure as of the date of the request. (Ord. 2228 § 1 (part), 2007)

1.18.080 Final response to request.

A. A public disclosure request is not continuing in nature. In the event additional records are created after the date of the requestor’s original public records request, the requestor will need to submit a new request. Any records or portions of records disclosed by the city will be provided to the requestor in the same format as they are retained; provided, that any disclosable records contained on a computer or other electronic or mechanical device shall, at the discretion of the city, be provided in printed form, on disk, or in another format.

B. If the requestor specifies a format in which the records should be disclosed, the city will disclose the records in the requested format if:

1. It is determined that disclosable records exist;

2. The city is capable of providing the records in the format requested;

3. The format requested is reasonable and does not require additional staff time; and

4. The requestor pays all required fees.

C. The city’s response to the request shall be deemed complete and final upon:

1. Requestor’s inspection of the records; or

2. In the event photocopies were requested, upon notification to the requestor that the photocopies requested are available for pickup and payment. (Ord. 2228 § 1 (part), 2007)

1.18.090 Inspection of records.

In the event a requestor chooses to inspect records, the city shall notify the requestor once the records which respond to the request are available for inspection. The records will be available for inspection during customary office hours. Records that have been pulled for inspection shall be made available to the requestor for a period of no more than 30 calendar days. In the event a requestor fails to contact the city clerk within 30 calendar days of being notified that the records are available for inspection: (A) the records shall be returned to the originating department; and (B) the requester will need to submit a new request for the records and the process will begin anew. If an installment response to a records request is not viewed within 30 calendar days, the City is not obligated to fulfill the balance of the request. (Ord. 2228 § 1 (part), 2007)

1.18.100 Copying fees.

A. The city administrator is authorized to establish a rate schedule setting forth the copying fees. Payment of copying fees, whether photocopying or other form of duplication, shall be made pursuant to the rate schedule as established by the city administrator prior to the disclosure of the requested public records. In the event that it is estimated that the copying fees applicable to a particular records request exceed $25.00, the city, at its discretion, may require the requestor to deposit a sum equal to 10 percent of the estimated cost prior to copying of the records. In the event the city makes a response to a request available on a partial or installment basis, the city may charge for each part of the response as it is provided to the requestor. If an installment response to a records request is not claimed or paid for within 30 calendar days, the city is not obligated to fulfill the balance of the request.

B. All payments shall be made by cash, money order, or check payable to the city of Sumner. Payment shall be made in person to the records clerk of the police department or municipal court at the respective customer service desks located at City Hall. Payments may also be made by mail to the city clerk.

C. The city has the authority to waive copying fees as described in this section. If the responsive documents are pages that are eight and one-half by 14 inches or smaller, the department may provide the first 25 pages free of charge. (Ord. 2228 § 1 (part), 2007)

1.18.110 Review of public records request denials.

A. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for review of that decision. The petition shall include a copy or reasonably identify the written statement by the public records officer or designee denying the request.

B. The public records officer, in conjunction with the city administrator, will consider the petition and will either affirm or reverse the denial of the public records request.

C. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550. (Ord. 2228 § 1 (part), 2007)

Chapter 1.20
VOTING PRECINCTS

(Repealed by Ord. 1971)


Footnotes

1. Code reviser’s note: Annexation ordinances are on file in the office of the city clerk. They are listed and described in a table following the text of this code.


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