HomeMy WebLinkAbout5592ORDINANCE NO. 5 5 9 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF BONNEY
LAKE AND THE CITY OF AUBURN, ALLOWING THE CITY OF BONNEY
LAKE TO CONNECT, INSTALL, OPERATE, MAINTAIN AND REPAIR A
WATER SYSTEM, FACILITIES, AND APPURTENANCES IN, OVER, ALONG,
ACROSS AND UNDER THE FRANCHISE AREA FOR THE PURPOSE OF
PROVIDING WATER SERVICE.
WHEREAS, the City of Auburn and the City of Bonney Lake have
entered into a Settlement Agreement, executed March 5, 1998 pursuant to
Resolution 2925 adopted March 2, 1998, related to water service to the
Lakeland Hills South development in which, according to Section 3, Auburn
recognizes and agrees to Bonney Lake's exclusive right to serve with water all
portions of Bonney Lake's water service area as designated by the 1995 Pierce
County Coordinated Water System Plan; and
WHEREAS, the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement, executed December 10, 1998 pursuant to Resolution
3018 adopted December 7, 1998, which revised the boundary between their
respective water service areas; and
WHEREAS, the City of Auburn has annexed portions of the City of
Bonney Lake's water service area; and
Ordinance No. 5592
April 9, 2002
Page 1 of 4
WHEREAS, according to Section 7 of said Settlement Agreement, the
City of Auburn guaranteed the City of Bonney Lake the right to transport water
through Auburn's corporate boundaries within Pierce County; and
WHEREAS, Section 7 of said Settlement Agreement states that the
guarantee to transport water shall be effectuated by the execution of
easements, agreements, franchises, licenses or other documents as are
appropriate; and
WHEREAS, the City of Bonney Lake desires to connect, install, operate,
maintain and repair a water system, facilities, and appurtenances in, over,
along, across and under the franchise area for the purpose of providing water
service.
WHEREAS, in order to maintain control over the use of City of Auburn
right-of-ways by utilities operating within the City of Auburn, it is appropriate to
enter into franchise agreements with such utilities; and
WHEREAS, City of Bonney Lake is such a utility, and has negotiated this
franchise agreement with the City of Auburn acceptable to both parties; and
WHEREAS, the City of Auburn has determined that it is in the best
interests of the public to grant the City of Bonney Lake a franchise on the terms
and conditions set forth in this Agreement.
Ordinance No. 5592
April 9, 2002
Page 2 of 4
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, DO ORDAIN
AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Franchise Agreement between the City of Bonney Lake
and the City. A copy of said Agreement is attached hereto, denominated as
Exhibit "A" and made a part hereof as though set forth in full herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED:
May
6,
2002
PASSED:
May
6,
2002
APPROVED:
May
6,
2002
PETER B. LEWIS
MAYOR
Ordinance No. 5592
April 9, 2002
Page 3 of 4
ATTEST:
ADaniea Daskam
City Clerk
TO FORM:
Daniel B. Heid
City Attorney
Ordinance No. 5592
April 9, 2002
Page 4 of 4
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
2 1102, )566
12 30 2002 10:22am $3-00
PIERCE COUNTY. WASHINGTON
RECORDER'S C0VFR SHFFT
Document Title(s) (or transactions contained therein): b/
Franchise Agreement PWT
Reference Number(s) of Documents assigned or released: P W y$Ulo la
❑Additional reference #'son page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
Bonney Lake, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 6, Section 5, Section 7 and Section 8, Township 20 North, Range 5
East WM
❑ Additional legal is on page of document.
Property Tax Parcel/Account Number
N/A
Assessor Tax # not
EXHIBIT "A"
CITY OF AUBURN, WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF BONNEY LAKE
WHEREAS, the City of Auburn and the City of Bonney Lake have entered into a
Settlement Agreement, executed March 5, 1998 pursuant to Resolution 2925 adopted
March 2, 1998, related to water service to the Lakeland Hills South development in which,
according to Section 3, Auburn recognizes and agrees to Bonney Lake's exclusive right to
serve with water all portions of Bonney Lake's water service area as designated by the
1995 Pierce County Coordinated Water System Plan; and
WHEREAS, the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement, executed December 10, 1998 pursuant to Resolution 3018.
adopted December 7, 1998, which revised the boundary between their respective water
service areas; and
WHEREAS, the City of Auburn has annexed portions of the City of Bonney Lake's
water service area; and
WHEREAS, according to Section 7 of said Settlement Agreement, the City of
Auburn guaranteed the City of Bonney Lake the right to transport water through Auburn's
corporate boundaries within Pierce County; and
WHEREAS, Section 7 of said Settlement Agreement states that the guarantee to
transport water shall be effectuated by the execution of easements, agreements,
franchises, licenses or other documents as are appropriate; and
WHEREAS, the City of Bonney Lake desires to connect, install, operate, maintain
and repair a water system, facilities, and appurtenances in, over, along, across and under
the franchise area for the purpose of providing water service.
WHEREAS, in order to maintain control over the use of City of Auburn right-of-ways
by utilities operating within the City of Auburn, it is appropriate to enter into franchise
agreements with such utilities; and
WHEREAS, City of Bonney Lake is such a utility, and has negotiated this franchise
agreement with the City of Auburn acceptable to both parties; and
WHEREAS, the City of Auburn has determined that it is in the best interests of the
public to grant the City of Bonney Lake a franchise on the terms and conditions set forth in
this Agreement.
NOW, THEREFORE THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE
AGREE AS FOLLOWS:
Ordinance No. 5592
Exhibit "A'
Page 1 of 12
SECTION 1 DEFINITIONS
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the City of Bonney Lake, a Washington municipal
corporation, and its respective successors and assigns.
1.2 "City" means the City of Auburn, a Washington municipal corporation.
1.3 "Franchise Area" means all of the public roads, streets, avenues, alleys,
highways, and other rights-of-way of the City as now laid out, platted, dedicated or
improved; and any and all public roads, streets, avenues, alleys, highways, and other
rights-of-way that may hereafter be laid out, platted, dedicated or improved within the area
as described with Exhibit "1" attached hereto, which is by this reference incorporated, as if
fully set forth herein; provided, that the Franchise Area shall not include or convey any right
to Franchisee to install facilities on or to otherwise use City owned or leased properties
outside the Franchise Area.
1.4 "Facilities" means the Franchisee's water system, lines, mains,
appurtenances, and all other necessary or convenient facilities forthe purpose of providing
water service.
1.5 "Ordinance" means this ordinance setting forth the terms and conditions
of the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this ordinance, the City grants to the
Franchisee the right to construct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing, installing, operating,
maintaining, removing, and replacing mains and pipes and making connections between
the same to the dwellings and other buildings of the consumers. In exercising the
foregoing rights, the Franchisee shall be governed by and conform to the general rules
adopted by the Public Works Department of the City of Auburn, and the Franchisee, at no
expense to the City, shall complete all work and shall replace and restore the City roads to
the condition of the City roads existing immediately prior to such disturbance; PROVIDED,
HOWEVER, that no such work shall be done prior to the obtaining of a permit therefor
issued by the City's Public Works Director (hereinafter "Director"), which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration of
the roads to the same condition as they were prior to such work. If the Franchisee does not
repair the City roads to the satisfaction of the Director, the City may, at its sole discretion,
repair such City roads, or cause them to be repaired, and the Franchisee hereby agrees to
reimburse the City for the cost of such work, including overhead costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Ordinance forward, for a period not to exceed seven (7) years from the effective date of
any Auburn annexation of any area within the boundary defined in Exhibit 1, for said area,
but subject to earlier termination in accordance with the terms and conditions of the
Settlement Agreement, provided, that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Agreement.
Ordinance No. 5592
Exhibit "A"
Page 2 of 12
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with
the City Clerk within forty-five (45) days from the date of this Ordinance, by the Franchisee.
Full acceptance of this Franchise is a condition precedent to its taking effect, and unless
this Franchise is accepted within the time specified, this grant will be null and void and
have no force or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for
other public or private utilities in, over, along, across, and under any City property, including
the Franchise Area. This Franchise does not prevent or prohibit the City from constructing,
altering, maintaining or using any of the Franchise Area. The City retains full power to
make all changes, relocations; repair, maintenance or other work to or in the Franchise
Area as the City deems fit.
SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and
rights-of-way in which the City has an actual interest. It is not a warranty of title or of
interest in City road rights-of-way. None of the rights granted to the Franchisee shall affect
the jurisdiction of the City over City road rights-of-way or the City's power to perform work
upon its roadways, rights-of-way or appurtenant drainage facilities including by
constructing, altering, renewing, paving, widening, grading, blasting or excavating.
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has or
may later acquire in the future to regulate the use of and to control the City road rights-of-
way covered by this Franchise. The City reserves the right and power at all times to
exercise its police powers with respect to the time, manner and location of the placement
of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to
the exercise of eminent domain. In the event of an exercise of eminent domain by the City,
the value to be attributed to all the rights and interests granted under this Franchise shall
not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise.
SECTION 9 VACATION
If at anytime the City vacates any City rights-of-way covered by this Franchise, the Citywill
not be held liable for any damages or loss to the Franchisee by reason of such vacation.
The City may, after giving thirty (30) days written notice to the Franchisee terminate this
Franchise with respect to any City road or rights-of-way vacated.
SECTION 10 ENFORCEMENT
The City's failure to enforce any provision of this Franchise does not constitute a waiver of
its right to enforce that provision or any other provision of this Franchise.
Ordinance No. 5592
Exhibit W
Page 3 of 12
SECTION 11 INDEMNITY AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability for
all claims, actions, injuries, demands, liabilities, losses, costs, damages and judgments,
including costs of defense thereof, (collectively referred to as "damages") for injury to
persons, death or property damage caused by, arising out of, or incidental to the
Franchisee's exercise of the rights and privileges granted by this Franchise, except for
damages caused by or arising out of the City's sole negligence. In the event that any such
claim or demand for damages is presented to orfiled with the City, or if any suit or action is
initiated against the City based on such claims or demands for damages, the City shall
promptly notify the Franchisee of the claim, demand, suit or action and the Franchisee
shall have the right, at its election and its sole cost and expense, to settle and compromise
such claim, demand, suit or action, or defend the same at the Franchisee's sole cost and
expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent
permitted under that statute, and specifically for the Franchisee's negligence concurrent
with that of the City to the full extent of the Franchisee's negligence.
SECTION 12 INSURANCE
12.1 The Franchisee shall keep a policy of insurance in force with a minimum
limit of five million dollars ($5,000,000.00). Verification of insurance coverage is a
condition precedent to the effectiveness of this Agreement.
12.2 The insurance shall be maintained in full force and effect at the
Franchisee's sole expense throughout the term of the Franchise, and, should such
insurance be terminated, this Agreement shall terminate as of the date of the termination of
insurance coverage.
12.3 The coverage provided by the Franchisee's insurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City. Any insurance maintained by the City that
might relate to this Franchise shall be in excess to the Franchisee's insurance and shall not
contribute with or to it. The City has no obligation to report occurrences to the insurance
companies unless a claim is filed with the City's City Council; and the City has no
obligations to pay the Franchisee's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform all
work related to this Franchise in compliance with all applicable federal, state, county and
city statutes, rules, regulations, ordinances, orders and codes. The Franchisee's attention
is directed to the requirements of the Washington Industrial Safety and Health Act,
Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible for safety
and safety conditions on its job sites and for its work within the Franchise Area, including
the safety of all persons and property during performance of any works therein. The
services of the City or City's consultant personnel in conducting construction review of the
Franchisee's work relating to the Franchise is not intended to include review of the
adequacy of the Franchisee's work methods, equipment, scaffolding, ortrenching, orsafety
measures in, on or near such Franchise Area or job site. The Franchisee shall provide
Ordinance No. 5592
Exhibit OX
Page 4 of 12
safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes, ordinances, rules, regulations, and the Franchise.
SECTION 13 INSTALLATION, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all
existing Facilities that it owns within the Franchise Area, including any damage caused
directly or indirectly by its Facilities, all appurtenant Facilities and service lines connecting
its system to users, if the City requires such repair for any reasonable purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or
relocate existing Facilities within the Franchise Area, including all appurtenant Facilities
and service lines connecting its system to users, if the City determines such adjustment,
removal or relocation is reasonably necessary to allow for an improvement or alteration
planned by the City. The City shall give the Franchisee written notice of such requirement
as soon as practicable. The written notice shall include all available information, such as
plans and specifications, as is reasonably necessary for the Franchisee to plan for such
adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and
repaired within the Franchise Area so as to provide safety of persons and property, and not
interfere with the free passage of traffic, all in accordance with the laws of the State of
Washington, and the ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program, in
addition to any other notice given to the Franchisee, the City shall provide a copy of the
capital improvement plan and six (6) year transportation improvement plan when
requested. Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it, both existing and as proposed by the City, and the
proposed construction schedule. The initial design information shall be given at least one
hundred and eighty (180) days before construction is scheduled to begin, except in cases
of urgent construction or emergencies. The Franchisee shall respond to this notice, and to
any later notices of revised designs, within twenty (20) days of the date of the notice, by
providing to the City the Franchisee's best available information as to the location of all the
Franchisee's Facilities, including all appurtenant Facilities and service lines connecting its
system to users and all Facilities that it has abandoned, within the area proposed for the
project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works
project as well as all required adjustments, removals or relocations of the Franchisee's
Facilities. The City shall have sole authority to choose the contractor to perform such work.
Such bid documents shall provide for an appropriate cost allocation between the parties.
In addition to the Franchisee's allocation of contractor costs, the Franchisee shall
reimburse the City for all costs, to include but not be limited to legal, engineering,
inspections, administration and/or soils testing, related to the Franchisee's work and
reasonably incurred by the City in the administration of such joint construction contracts.
Such costs shall include the direct salary cost of the time of City professional and technical
personnel, including the City s consultants, spent productively engaged in such work, plus
overhead costs at the standard rate charged by the City on other similar projects.
Ordinance No. 5592
Exhibit "A"
Page 5 of 12
13.6 It is understood that emergency situations may arise that could threaten
public health and/or continued operation of the Franchisee's utility system and the
Franchisee may be unable to notify the City in the manner prescribed in Section 14 of this
Franchise. In such a situation the Franchisee shall immediately correct the hazardous
situation and continue to use best efforts to contact the City staff. The Emergency Phone
Number for the City of Auburn is (253) 931-3053, and the City of Bonney Lake is (253)
862-8602. Dialing 911 is advised for emergency situations.
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authorityto enterthe City road
rights-of-wayforthe purpose of constructing, installing, operating, maintaining, replacing or
repairing its Facilities on the condition that it obtains construction, excavation, and right-of-
way use permits issued by the City. Any work performed, whether by Franchisee, its
contractors, or third parties, shall include necessary paving, patching, grading and any
other reasonably necessary repair or restoration to the City rights-of-way. All work shall be
done to the City's satisfaction.
14.2 All equipment, pipelines and appurtenances which are used in the
construction, installation, operation, maintenance or repair of the Franchisee's Facilities
and which are located within the City road rights-of-way and owned by the Franchisee shall
be considered to be part of the Franchisee's system and shall be the responsibility of the
Franchisee. All permits for the construction, installation, operation, maintenance or repair
of the Franchisee's system shall be applied for and given in the name of the Franchisee,
who will be responsible for all work done under the permit. The Franchisee remains
responsible whether the work is performed by the Franchisee, its contractors, or by third
parties.
14.3 When required by the Public Works Director, the Franchisee shall post a
bond to the City in the amount sufficient for any road repair or restoration. The amount of
the bond shall be set by the City and must be filed with the City before a permit will be
issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including, but not limited to, Auburn City
Code and the City's Design and Construction Standards in force when the work is
performed. All traffic control shall conform to the current edition of the Uniform Traffic
Control Devices in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to tum off or
diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow conditions
have been affected. Except in the case of an emergency, the notice shall be provided at
least 48 hours prior to the water pressure being turned off or diminished. If more than one
fire hydrant will be affected, the Franchisee shall provide a map of the affected area to the
Fire Department. Out -of -service fire hydrants must be identified as not operational by
covering with a properly secured burlap or plastic bag. Fire hydrants should be returned to
full service as soon as reasonably possible or no longer than two working days from the
Ordinance No. 5592
Exhibit'A"
Page 6 of 12
date service was diminished. The Franchisee shall notify the City's Fire Department when
the hydrant is returned to full service.
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in the condition of the City roads
rights-of-way existing immediately prior to such disturbance. If the Franchisee, its
contractors, or third parties working under permit should fail to diligently restore City road
rights-of-way to the satisfaction of the City, the City may make such repairs or restorations
as are necessary to return the City road rights-of-way to a condition reasonably
comparable to the condition of the City roads rights-of-way existing immediately prior to
such disturbance. Upon presentation of an itemized bill for repairs or restorations,
including all applicable costs, both direct and indirect, to include but not be limited to the
cost of labor, tools, materials and equipment, the Franchisee shall pay the bill within sixty-
five (65) days.
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two (2) years from the date the City
approves the work and/or restoration.
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this ordinance, the Franchisee shall provide the City with all
information requested by the City regarding the location of the Franchisee's current
Facilities, including but not limited to copies of all record drawings for such Facilities. If the
Franchisee performs any work to install, repair, reconstruct, or replace Facilities in the
Franchise Area after this ordinance's effective date, the Franchisee shall provide the City
with all information requested by the City regarding the location of those Facilities, including
but not limited to copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the
City plans to make excavations in the Franchise Area, the party planning such excavation
shall provide written notice to the other of the planned excavation, affording the other party
the opportunity to share in the excavation; provided, that (1) such joint use shall not
unreasonably delay the work of the party causing the excavation to be made, (2) such joint
use shall be arranged and accomplished on terms and conditions satisfactory to both
parties, and (3) either party may deny such request for safety reasons.
SECTION 20 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does not
preclude the City, its agents or contractors from blasting, grading, or doing other road work
contiguous to the Franchisee's Facilities. When practical, the City shall give .the
Franchisee forty-eight (48) hours notice of blasting or excavating.
SECTION 21 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
Ordinance No. 5592
Exhibit W
Page 7 of 12
subdivisions, plats, rights-of-way, and all other surveys. The reference points shall be
located so that they will not be disturbed during any of Franchisee's operations under this
Franchise. The method of referencing monuments or other markers or points shall be
approved by the City before placement. The replacement of all markers or monuments
disturbed during any construction of the Franchisee shall be made as promptly as
conditions permit. The cost of monuments or markers lost, destroyed, or disturbed and the
expense or replacement with approved markers or monuments shall be borne by the
Franchisee.
SECTION 22 RESERVATION OF RIGHTS
22.1 The City reserves the right to impose a utility tax on the Franchisee,
and/or to charge the Franchisee a reasonable fee for services provided or rights granted
under this Franchise, to the extent authorized by law.
22.2 The Franchisee agrees that it shall be subject to all authority now or later
possessed by the City or any other governing body having competent jurisdiction to fixjust,
reasonable and compensatory rates for services under this Franchise.
22.3 The City reserves the right, upon thirty (30) days written notice to the
Franchisee, to amend or modify the provisions or conditions of this Franchise to conform to
any state, county, federal, or City statute, ordinance, rule or regulation. The City may
terminate this Franchise upon thirty (30) days written notice to the Franchisee if the
Franchisee fails or refuses to comply with such amendment or modification.
SECTION 23 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written consent
of the City. No assignment shall be effective unless an acceptance by the assignee of all
rights, conditions, terms, provisions and responsibilities contained within the Franchise, as
well as surety bonds which the City deems necessary to be posted, are received as
allowed by law. The City's approval of the assignment may be made subject to the
assignee's acceptance of new or modified terms of the Franchise.
SECTION 24 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under
this Franchise, the City may provide the Franchisee with written notice of the City's intent to
revoke the Franchise if the Franchisee's failure is not cured within thirty (30) days of the
date of the notice. During the thirty (30) days following the date of the notice, the
Franchisee shall have the opportunity to remedy the failure to comply. A public hearing
shall be scheduled before the Auburn City Council at least thirty (30) days following the
notification on the issue of the revocation. If at the hearing, the City Council finds that
grounds exist to revoke the Franchise under this paragraph and that the revocation is in the
public interest, the City Council may by ordinance revoke the Franchise. The revocation
shall be effective ninety (90) days after the public hearing.
SECTION 25 EXPIRATION AND RENEWAL
25.1 If the Franchisee requests a renewal of this Franchise prior to its
expiration date, the City may, at the City's sole discretion, extend the term of this Franchise
for up to one year beyond the expiration date to allow for processing of the renewal. If the
Ordinance No. 5592
Exhibit'A"
Page 8 of 12
City elects to extend the term of this Franchise, written notice of the extension shall be
provided to the Franchisee prior to the Franchise expiration date.
25.2 If the Franchisee has not requested a renewal of this Franchise priorto its
expiration date, the City has the right, upon thirty (30) day's prior notice to the Franchisee,
to remove or relocate any of the Franchisee's Facilities as is reasonably necessary for the
public's health, welfare or safety, or for the construction, alteration, or improvement of the
Franchise Area, or for the construction or installation of lines or facilities of other franchise
holders. The Franchisee shall be liable for costs incurred in any removal or relocation of
the Franchisee's Facilities under this section.
25.3 Upon the expiration of this Franchise, the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchisee's existing facilities in the
Franchise Area, but shall not have the right to provide additional services. This Section
and Sections 11, 13, 14, 15, 16, 19, and 21 of this Franchise shall continue in force until
such time as the Franchisee's Facilities are abandoned to the City in accordance with the
terms and conditions of the Settlement Agreement.
SECTION 26 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act and the City's
Environmental Standards and Ordinances.
SECTION 27 NON-DISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this Franchise, there shall be
no discrimination against any employee or applicant for employment because of sex,
sexual orientation, age, race, color, national origin, marital status or the presence of any
sensory, mental, or physical handicap, unless based upon a bona fide occupation
qualification. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement on
the grounds of sex, sexual orientation, race, color, national origin, age, except minimum
age and retirement provisions, marital status, or the presence of any sensory, mental or
physical handicap.
SECTION 28 NOTICE
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified:
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
City of Bonney Lake:
Public Works Director
19306 Bonney Lake Blvd.
Bonney Lake, WA 98390-0944
253-862-8602
Ordinance No. 5592
Exhibit "A"
Page 9 of 12
SECTION 29 ATTORNEYS' FEES
If either party commences litigation against the other party relating to the performance or
alleged breach of this Franchise, the prevailing party shall be entitled to all costs, including
reasonable attorneys' fees incurred, relating to such litigation, including those incurred in
any appeal.
SECTION 30 SEVERANCE
If any term, provision, condition or portion of this Franchise is held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Franchise which shall
continue in full force and effect, unless the dominant purpose of the Franchise would be
prevented or the public interest would no longer be served, as determined by the City.
SECTION 31 EFFECTIVE DATE
This ordinance having been introduced at least five days prior to its date of passage and
submitted to the city attorney, and being approved by at least a majority of the entire city
council at a regular city council meeting, shall take effect and be in force five days after its
passage, approval and publication as required by law.
SECTION 32 EXISTING UTILITIES
This Franchise shall govern City of Bonney Lake, new and existing water Facilities within
the City of Auburn.
Ordinance No. 5592
Exhibit "A"
Page 10 of 12
PASSED by Auburn's City Council this
APPROVED by Auburn's Mayor this 4 WW
ATTEST/AUTHENTICATE:
Auburn Citv Clerk
AS
HEID,
Ordinance No. 5592
Exhibit -A-
Page 11 of 12
day ofzoo
2-�4,499
_ day of Y//( 2
PETER B. LEWIS, Mayor
City of Auburn
Date
THE CITY OF BONNEY LAKE, a municipal corporation of the State of Washington,
accepts all the rights, privileges and duties of this franchise subject to all terms, conditions,
stipulations and obligations contained herein.
PASSED by Bonney Lake's City Council this day of l
AOL=
IjPPROVED,y Bonney Lake's Mayor this
ATTEST:
Bonney Lake City Clerk
APPROVED AS TO FORM:
Bonney Lam City Attorney
FILED WITH THE CITY CLERK:
PASSED BY AUBURN'S CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
AUBURN ORDINANCE NO: 3�
BONNEY LAKE 44OW9
Ordinance No. 5592
Exhibit'A"
Page 12 of 12
:/62i4.2
;a'MITI
Exhibit 1
AUBURN/BONNEY LAKE WATER FRANCHISE AREA LEGAL DESCRIPTION
THAT PORTION OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., SECTION 5,
TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., SECTION 8, TOWNSHIP 20 NORTH, RANGE 5
EAST, W.M., SECTION 7, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., PIERCE COUNTY,
WASHINGTON; DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 01012'59"
EAST A DISTANCE OF 713.61 FEET TO THE NORTHERLY MARGIN OF LAKE TAPPS PARKWAY
EAST; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF SAID PARKWAY,
NORTH 71022'39" WEST A DISTANCE OF 440.58 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS POINT BEARING NORTH 18037'21" EAST A DISTANCE OF
960.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 11022'2911, AN ARC DISTANCE OF 190.59 FEET; THENCE LEAVING SAID MARGIN
NORTH 01028'45" WEST A DISTANCE OF 2,629.81 FEET; THENCE NORTH 58056104" EAST A
DISTANCE OF 532.96 FEET; THENCE NORTH 37029'20" EAST A DISTANCE OF 178.29 FEET;
THENCE NORTH 49021'27" EAST A DISTANCE OF 410.04 FEET TO A POINT OF A NON -
TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT BEARING NORTH 49037'08" EAST
HAVING A DISTANCE OF 454.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 27021'25" AN ARC DISTANCE OF 216.77 FEET;
THENCE SOUTH 67044'15" EAST A DISTANCE OF 47.08 FEET TO A POINT OF A NON -
TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH 69016'55" EAST A
DISTANCE OF 927.50 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH
A CENTRAL ANGLE OF 10009'01" AN ARC DISTANCE OF 164.31 FEET; THENCE SOUTH
10034'04" WEST A DISTANCE OF 163.57 FEET; THENCE IN A NORTHEASTERLY DIRECTION
ALONG THE NORTH LINE OF LOT G OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE #9808310329, NORTH 75013'36" EAST A DISTANCE OF 548.99 FEET TO
THE EASTERLY LINE OF LOT G; THENCE NORTH 11028'56" WEST A DISTANCE OF 56.64
FEET TO THE SOUTHERLY LINE OF LOT B PER SAID BOUNDARY LINE ADJUSTMENT; THENCE
NORTH 75013'36" EAST A DISTANCE OF 560.63 FEET TO THE WESTERLY MARGIN OF
LAKELAND HILLS WAY SE; THENCE NORTH 14°46'24" WEST A DISTANCE OF 138:04 FEET;
THENCE LEAVING SAID WESTERLY MARGIN NORTH 75013'36" EAST A DISTANCE OF 63.00
FEET TO THE EASTERLY MARGIN OF LAKELAND HILLS WAY SE; THENCE IN A NORTHWESTERLY
DIRECTION ALONG SAID MARGIN NORTH 14046'24" WEST A DISTANCE OF 353.16 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH
75013'36" WEST A DISTANCE OF 545.67 FEET; THENCE ALONG THE ARC OF SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 19007'09" AN ARC DISTANCE OF 182.08 FEET TO
THE POINT OF A CURVE TO THE RIGHT HAVING A RADIUS POINT BEARING NORTH 60027'56"
EAST A DISTANCE OF 35.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT
THROUGH A CENTRAL ANGLE OF 84032'04" AN ARC DISTANCE OF 51.64 FEET; THENCE
NORTH 55000100" EAST A DISTANCE OF 208.52 FEET; THENCE NORTH 53005'27" EAST A
DISTANCE OF 150.08 FEET; THENCE NORTH 55000'00' EAST A DISTANCE OF 166.23 FEET
TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING NORTH
35°00'00" WEST A DISTANCE OF 430.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 37044'40" AN ARC DISTANCE OF 283.27 FEET TO
THE POINT OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING NORTH 72044'00"
WEST A DISTANCE OF 1,030.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 00056'13" AND AN ARC DISTANCE OF 16.84 FEET TO
THE NORTHERLY SECTION LINE OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST;
THENCE ALONG THE NORTH LINE OF SECTION 6, SOUTH 88034'43" EAST A DISTANCE OF
808.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6; THENCE EASTERLY ALONG
THE NORTH BOUNDARY OF SAID SECTION 5 TO THE NORTHEAST CORNER THEREOF; THENCE
SOUTHERLY ALONG THE EAST BOUNDARY OF SAID SECTION 5 TO THE SOUTHEAST CORNER
THEREOF; THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF SAID SECTION 5 TO THE
SOUTH QUARTER CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID
SECTION 8 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 8; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 TO THE SOUTH BOUNDARY
OF THE NORTH HALF OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
87; THENCE WESTERLY ALONG SAID SOUTH BOUNDARY TO THE EAST BOUNDARY OF SAID
SECTION 7; THENCE NORTHERLY ALONG SAID EAST BOUNDARY TO THE SOUTH BOUNDARY OF
THE NORTH 330.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE
WESTERLY ALONG SAID SOUTH BOUNDARY OF THE NORTH 330.00 FEET OF THE NORTHEAST
QUARTER OF SAID SECTION 7 TO THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF
SECTION 7; THENCE NORTHERLY ALONG SAID WEST BOUNDARY TO THE SAID SOUTH QUARTER
CORNER OF SECTION 6 AND THE POINT OF BEGINNING
98119C.001
A