HomeMy WebLinkAbout09-15-2025 Agenda
City Council
Regular Meeting
September 15, 2025 - 7:00 PM
City Hall Council Chambers
AGENDA
CALL TO ORDER
LAND ACKNOWLEDGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the
land we are gathered on today. We thank them for their immense contributions to our state and local history,
culture, economy, and identity as Washingtonians.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Monday, September 15, 2025, at 7:00 p.m.
will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the number below or click the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/85648004583
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Police Promotional Ceremony (Caillier)
B. Presentation from King County Library
King County Library Regional Manager David Wright to give an update on the Auburn
Library
C. Hispanic Heritage Month
Mayor Backus to proclaim September 15, 2025, to October 15, 2025, as "Hispanic
Heritage Month" in the City of Auburn
D. Constitution Week
Mayor Backus to proclaim September 17, 2025, through September 23, 2025, as
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"Constitution Week" in the City of Auburn
AGENDA MODIFICATIONS
PUBLIC HEARINGS
A. Public Hearing for Ezee Fiber Texas, LLC Franchise Agreement No. FRN25-0002 (Gaub)
City Council to hold a Public Hearing for consideration of Franchise Agreement No.
FRN25-0002 for Ezee Fiber Texas, LLC for a Wireline Telecommunications Franchise
AUDIENCE PARTICIPATION
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The public can participate in-person or submit written comments in advance.
Participants can submit written comments via mail, fax, or email. All written comments
must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350
words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment@auburnwa.gov
If an individual requires accommodation to allow for remote oral comment because of a
difficulty attending a meeting of the governing body, the City requests notice of the need for
accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can
request accommodation to be able to provide a remote oral comment by contacting the
City Clerk’s Office in person, by phone (253) 931-3039, or by email
(publiccomment@auburnwa.gov).
CORRESPONDENCE
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by
one motion in the form listed.
A. Minutes from the September 2, 2025, City Council Meeting
B. Minutes from the September 8, 2025, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated September 10, 2025, which includes voucher numbers 481205
through voucher 481351, in the amount of $5,393,967.62, sixteen electronic fund transfers
in the amount of $5,911.46, and one wire transfer in the amount of $697,310.63
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D. Payroll Voucher (Thomas)
Payroll check numbers 539724 through 539728 in the amount of $81,352.38, electronic
deposit transmissions in the amount of $3,152,302.34, for a grand total of $3,233,654.72
for the period covering August 28, 2025, to September 10, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
ORDINANCES
A. Ordinance No. 6987 (Krum)
An Ordinance for a site-specific rezone of Parcel No. 0004200001 from R-2, Residential
Low to P-1, Public Use
(RECOMMENDED ACTION: Move to approve Ordinance No. 6987.)
B. Ordinance No. 6988 (Krum)
An Ordinance for a Major Amendment to the Lakeland Hills South PUD Boundary to
extract fourteen (14) parcels
(RECOMMENDED ACTION: Move to approve Ordinance No. 6988.)
RESOLUTIONS
A. Resolution No. 5856 (Gaub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement between the City of
Auburn and the City of Sumner relating to the City of Auburn’s Coal Creek Springs
Transmission Main Replacement Project and the City of Sumner’s Levee & Point Bar
Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5856.)
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their appointed positions on
federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
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AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Presentation from King County Library
King County Library Regional Manager David Wright to give an update on
the Auburn Library
September 15, 2025
Department: Attachments: Budget Impact:
Legal Presentation
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Councilmember: Staff:
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Auburn Library Update
Presented by:
David Wright, Regional Manager - KCLS
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AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Public Hearing for Ezee Fiber Texas, LLC Franchise Agreement No.
FRN25-0002 (Gaub)
City Council to hold a Public Hearing for consideration of Franchise
Agreement No. FRN25-0002 for Ezee Fiber Texas, LLC for a Wireline
Telecommunications Franchise
September 15, 2025
Department: Attachments: Budget Impact:
Public Works Draft Ordinance No. 6994
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Franchise Agreement No. FRN25-0002 for
Ezee Fiber Texas, LLC for a Wireline Telecommunications Franchise.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a Public Hearing before granting
or denying a franchise agreement. Franchise Agreement No. FRN25-0002 for Ezee Fiber Texas, LLC
will allow Ezee Fiber to install fiber optic cable and electronic infrastructure in the public ways within
the City limits. Ezee Fiber intends to provide business and residential data and telecommunications
services to customers located inside the City limits.
The date of the Public Hearing was set by consent agenda on September 2, 2025.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 11 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 1 of 17
ORDINANCE NO. 6994
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
EZEE FIBER TEXAS, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
WIRELINE TELECOMMUNICATIONS.
WHEREAS, Ezee Fiber Texas, LLC (“Franchisee”) has applied for a non-
exclusive Franchise for the right of entry, use, and occupation of certain public
ways within the City of Auburn (“City”), expressly to install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, over, under,
along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City to grant the Franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this Franchise and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern
to the extent of such conflict.
A. “ACC” means the Auburn City Code.
B. “Franchise” means this agreement approved by Ordinance No.
6994 of the City which authorizes Franchisee Facilities to provide Franchisee
Services in the Franchise Area.
C. “Franchisee’s Facilities” means fiber optic and broad band
communications services constructed and operated within the public ways
including all cables, wires, conduits, ducts, pedestals, and any associated
Page 12 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 2 of 17
converter equipment or other items necessary for Telecommunications Services
as defined in RCW 35.99.010(7), that are located in the Franchise Area.
Franchisee’s Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
appurtenances associated with wireless telecommunications facilities.
Franchisee’s facilities do not include small wireless facilities, microcell, minor
facility, or small cell facilities, as defined in RCW 80.36.375. Franchisee’s facilities
do not include any facilities that are not located within the Franchise Area or that
are covered under a separate franchise agreement or agreement.
D. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Franchisee’s Services will also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance However, Franchisee’s Services will not include the provision
of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a
separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Franchise, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area, located within the incorporated area of the City. Franchisee may
locate the Franchisee’s Facilities within the Franchise Area subject to all applicable
laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including franchise agreements, impacting the
Franchise Area, for any purpose that does not interfere with Franchisee’s rights
under this Franchise.
Page 13 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 3 of 17
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City may reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity that
Franchisee allows to utilize, control, access, or otherwise provides services to, who
will also use the Franchisee Facilities to provide services to their clients and
customers either inside or outside the City limits. Such contact information shall
be provided to the City a minimum of sixty (60) days prior to the start of such
anticipated use so that the City may determine if Franchisee’s client, lessee, sub-
lessee, customer, or other entity is required to obtain a franchise agreement with
the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City, then the Franchisee shall
not allow use, control, access, or otherwise provide services to such entity until the
required franchise agreement has been obtained.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Franchise, except in case of emergency notification.
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 4 of 17
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Ezee Fiber Texas, LLC
Attn: Garner Duncan
5959 Corporate Dr. Ste. 2000
Houston, TX 77036
Telephone: 713-255-7500
Email Address: garner.duncan@ezeefiber.com
with a copy to: Ezee Fiber Texas, LLC
Attn: Legal Department
5959 Corporate Dr. Ste. 2000
Houston, TX 77036
Telephone: 713-255-7500
Email Address: legal@ezeefiber.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Franchise.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: 713-255-7500
Section 4. Term of Franchise
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Franchise.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
Page 15 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 5 of 17
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Franchise, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the city the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
Page 16 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 6 of 17
debris is not removed within 24 hours, the City may, at its sole discretion, remove
such debris and charge the Franchisee for the cost thereof. This section does not,
in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require other permits as necessary from the City.
Section 7. Trench Repair for Street Restorations
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchisee agrees to
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the Section, “street” shall mean all City owned
improvements within a public way, including, but not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances . The Franchisee
will notify the City telephonically during normal business hours (at 253 -931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe condition, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Page 17 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 7 of 17
Section 10. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances, or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third -party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
Page 18 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 8 of 17
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s database system, including
the City’s Geographic Information System (GIS) database. Franchisee will keep
the City informed of its long-range plans for coordination with the City’s long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
Page 19 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 9 of 17
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise, except only such injury or damage as shall have been occasioned by
the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Franchise is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’s
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of
this Franchise.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 15(A), the Franchisee will indemnify the City against any and all third-party
costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s
failure or inability to provide such services.
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Franchise and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Franchise and use of the public way.
Page 20 of 72
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 10 of 17
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Franchise shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional
insured under the Franchisee’s Commercial General Liability insurance
policy with respect this Franchise using ISO endorsement CG 20 12 05 09
if the Franchise is considered a master permit as defined by RCW
35.99.010, or CG 20 26 07 04 if it is not, or substitute endorsement providing
at least as broad coverage.
2. Automobile Liability insurance covering all owned, non -
owned, hired and leased vehicles. Coverage shall be at least as broad as
ISO form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution
conditions that arise from the operations of the Franchisee. Contractors
Pollution Liability shall cover bodily injury, property damage, cleanup costs
and defense, including costs and expenses incurred in the investigation,
defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
Page 21 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 11 of 17
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Franchise. The
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
Page 22 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 12 of 17
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Franchise. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Franchise and evidence of all subcontractors’
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of the
Franchise, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Franchise.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Franchise or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise, Franchisee or its affiliated parent entity
shall comply with the following: (i) Franchisee shall submit a letter to the City stating
which of the above required insurance provisions in this Section 15 Franchisee
proposes to self-insure; (ii) provide the City, upon request, a copy of Franchisee’s
or its parent company’s most recent audited financial statements, if such financial
statements are not otherwise publicly available; (iii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iv)
Franchisee assumes all defense and indemnity obligations as outlined in Section
15.
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
Page 23 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 13 of 17
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Franchise, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Franchise. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
Page 24 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 14 of 17
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Franchise, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 20. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this Franchise,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or the Franchisee does not comply with the
specified conditions, the City may, at its discretion, either (1) revoke the Franchise
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
Page 25 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 15 of 17
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Franchise, in no event will either
party be liable for any special, incidental, indirect, punitive, reliance, consequential
or similar damages.
Section 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Page 26 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 16 of 17
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Franchise
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous franchises between the parties pertaining to Franchisee's operation of its
Facilities are hereby superseded.
Section 28. Effective Date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
PUBLISHED: _____________________________________________________
Page 27 of 72
------------------------------
Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 17 of 17
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Ezee Fiber Texas, LLC, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise
attached hereto and incorporated herein by this reference.
Franchisee Name: Ezee Fiber Texas, LLC
Address: _____________________________
City, State, Zip: _______________________
By: Date:
Signature
Name: ___________________________
Title: ____________________________
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20__, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 28 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the September 2, 2025, City Council Meeting September 15, 2025
Department: Attachments: Budget Impact:
City Council 09-02-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 29 of 72
City Council
Regular Meeting
September 2, 2025 - 7:00 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Mayor Backus called the meeting to order at 7:02 p.m. in the Council Chambers of
Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGEMENT
Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as
the ancestral keepers of the land we are gathered on today.
PUBLIC PARTICIPATION
The City Council Meeting was held in person and virtually.
PLEDGE OF ALLEGIANCE
Mayor Backus led those in attendance in the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin,
Lisa Stirgus, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel.
Mayor Nancy Backus and the following staff members present included: Chief of Police
Mark Caillier, Director of Public Works Ingrid Gaub, Director of Human Services Kent
Hay, and City Clerk Shawn Campbell.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
There were no announcements, proclamations, or presentations.
APPOINTMENTS
A. Junior City Council
City Council to approve the appointment of Lawand Muhsen to the Auburn
Junior City Council for a one-year term expiring August 31, 2026
Page 30 of 72
Deputy Mayor Rakes moved and Councilmember Amer seconded to approve
the appointment of Lawand Muhsen to the Junior City Council for a one-year
term expiring August 31, 2026.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Salary Commission
City Council to approve the appointment of Aaron Schuler to the Salary
Commission for a four-year term expiring August 31, 2028
Councilmember Stirgus moved and Councilmember Amer seconded to
approve the appointment of Aaron Schuler to the Salary Commission for a four-
year term expiring August 31, 2028.
Councilmember Baldwin recused herself due to personal gain because Aaron
Schuler supported her political campaign financially.
Council discussed the candidate's personal relationships with the Council and
the legality of his appointment.
MOTION CARRIED. 4-2. Deputy Mayor Rakes and Councilmember Trout-
Manuel voted no. Councilmember Baldwin abstained.
AGENDA MODIFICATIONS
There were no modifications to the agenda.
PUBLIC HEARINGS
A. Resolution No. 5851 (Gaub)
A Public Hearing to consider approving the surplus of Vehicle 6903C, 2010
Vactor Truck Valued at $85,000.00
Mayor Backus opened the Public Hearing at 7:17 p.m.
Virginia Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:18 p.m.
B. Resolution No. 5853 (Whalen)
A Public Hearing to consider declaring City-Owned Utility Real Property King
County Parcel Number 3341000088 as surplus
Mayor Backus opened the Public Hearing at 7:19 p.m.
Virgina Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:20 p.m
Page 31 of 72
AUDIENCE PARTICIPATION
Written Comments:
The City Clerk's Office received written comments from Averie Carver, which were
forwarded to Mayor and Council prior to the meeting for review.
In-Person Comments:
Trish Boarden and Virgina Haugen provided comments.
CORRESPONDENCE
There was no correspondence for Council to review.
CONSENT AGENDA
A. Minutes from the August 18, 2025, City Council Meeting
B. Minutes from the August 25, 2025, Study Session Meeting
C. Setting the date for Public Hearing for Ezee Fiber Texas, LLC Franchise
Agreement (Gaub)
D. Claims Vouchers (Thomas)
Claims voucher list dated August 27, 2025 which includes voucher numbers
481052 through voucher 481096, voucher numbers 481098 through voucher
481204 in the amount of $3,373,219.77, twelve electronic fund transfers in the
amount of $22,854.99 and four wire transfers in the amount of $2,011,207.02
E. Claims Voucher (Thomas)
Claims Voucher 481097, dated August 27, 2025, in the amount of $24,417.57
F. Payroll Voucher (Thomas)
Payroll check numbers 539721 through 539723 in the amount of $701,502.21,
electronic deposit transmissions in the amount of $2,750,415.43, for a grand
total of $3,451,917.64 for the period covering August 14, 2025 to August 27,
2025
Deputy Mayor Rakes moved and Councilmember Stirgus seconded to approve
the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
Page 32 of 72
NEW BUSINESS
There was no new business.
RESOLUTIONS
A. Resolution No. 5851 (Gaub)
A Resolution approving the surplus of Vehicle 6903C, 2010 Vactor Truck
Valued at $85,000.00
Councilmember T. Taylor moved and Councilmember Stirgus seconded to
adopt Resolution No. 5851.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5853 (Whalen)
A Resolution declaring City-Owned Utility Real Property King County Parcel
Number 3341000088 as surplus and authorizing its disposal
Councilmember Baldwin moved and Councilmember Amer seconded to adopt
Resolution No. 5853.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5854 (Whalen)
A Resolution authorizing the Mayor to execute a Purchase and Sale
Agreement with Zachary D. and Shawnee R. Beck for the disposal of Surplus
Real Property King County Parcel Number 3341000088
Councilmember Baldwin moved and Councilmember C. Taylor seconded to
adopt Resolution No. 5854.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5855 (Hay)
A Resolution ratifying the Mayor's execution of an allocation agreement and
participation forms related to opioid pharmacy and manufacturer settlements
Councilmember Trout-Manuel moved and Councilmember Amer seconded to
adopt Resolution No. 5855.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5857 (Thomas)
A Resolution authorizing the Mayor to execute an agreement between the City
of Auburn and the Department of Ecology to implement the 2025-2027 Local
Page 33 of 72
Solid Waste Financial Assistance Grant Program and to accept and expend
Program Grant Funds
Councilmember Baldwin moved and Councilmember Amer seconded to adopt
Resolution No. 5857.
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 5858 (Council)
A Resolution supporting the Auburn School District’s School Proposition 1:
School Bond-Building for Learning and Proposition 2: Safety, Security, Facility
Improvements and Technology Replacement Levy
Deputy Mayor Rakes moved and Councilmember Stirgus seconded to adopt
Resolution No. 5858.
There was an opportunity for Public Comment on the ballot measure.
Virginia Haugen provided comments.
Council discussed the Bond Measures.
MOTION CARRIED UNANIMOUSLY. 7-0
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmembers provided reports on the events that they attended.
B. From the Mayor
Mayor Backus provided a report on the events she attended.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:49 p.m.
APPROVED this 15th day of September 2025.
____________________________ _______________________________
NANCY BACKUS, MAYOR Shawn Campbell, City Clerk
Page 34 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the September 8, 2025, Study Session Meeting September 15, 2025
Department: Attachments: Budget Impact:
City Council 09-08-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 35 of 72
City Council
Study Session
Finance & Internal Services SFA
September 8, 2025 - 5:30 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Lisa Stirgus,
Tracey Taylor, Clinton Taylor, and Yolanda Trout-Manuel. Councilmember Kate
Baldwin attended the meeting virtually via Zoom.
Mayor Nancy Backus and the following staff members present included: Deputy City
Attorney Paul Byrne, Assistant Chief of Police Samuel Betz, Director of Community
Development Jason Krum, Director of Public Works Ingrid Gaub, Director of Finance
Jamie Thomas, Director of Parks, Arts, and Recreation Julie Krueger, Assistant Director
of Community Development Steve Sturza, Right-of-Way Specialist Amber Olds, and
City Clerk Shawn Campbell.
AGENDA MODIFICATIONS
There were no modifications made to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports, or presentations.
FINANCE AND INTERNAL SERVICES DISCUSSION ITEMS
A. 2nd Quarter 2025 Financial Report (Thomas) (20 Minutes)
Financial Report through June 30, 2025
Councilmember Baldwin, Chair of the Finance and Internal Services Special
Focus Area, chaired this portion of the meeting.
Page 36 of 72
Director Thomas provided Council with an overview of the 2nd Quarter 2025
Financial Report including the General Fund overview, tax revenue, licenses
and permits fees, intergovernmental revenue, charges for services, other
revenue sources, expenditures from the General Fund, ARPA expenditures
update, and Real Estate Excise Tax collections.
Council discussed the City's comparison with other jurisdictions in the State
Liquor Tax, recruitment and retention, B&O Taxes, salary savings, and
intergovernmental funds.
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6987 (Krum) (15 Minutes)
An Ordinance for a site-specific rezone of Parcel No. 0004200001 from R-2,
Residential Low to P-1, Public Use
Assistant Director Sturza provided Council with an overview of Ordinance No.
6987 including the location of the proposed rezone, the proposed changes, and
the Hearing Examiner's recommendation.
Council discussed the connection to the Comprehensive Plan, and the timeline
of the project.
B. Ordinance No. 6988 (Krum) (15 Minutes)
An Ordinance for a major amendment to the Lakeland Hills South PUD
boundary to extract fourteen (14) parcels
Assistant Director Sturza provided Council with an overview of Ordinance No.
6988 including the parcels included in the proposed change, the purpose for
the Amendment, the final development plan, and the Hearing Examiner's
comments and recommendation.
C. Ordinance No. 6994 (Gaub) (10 Minutes)
An Ordinance granting Ezee Fiber Texas, LLC a franchise for wireline
telecommunications
Specialist Olds provided Council with an overview of Ordinance No. 6994
including the proposed Franchise Agreement, location of the proposed
franchise, and future expansion.
Council discussed the impact on other franchise holders and affordability to the
residents, the number of franchise agreements, and digital equity.
Page 37 of 72
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 6:07 p.m.
APPROVED this 15th day of September 2025.
_____________________________ _____________________________
CHERYL RAKES, DEPUTY MAYOR Shawn Campbell, City Clerk
Page 38 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas)
Claims voucher list dated September 10, 2025, which includes voucher
numbers 481205 through voucher 481351, in the amount of $5,393,967.62,
sixteen electronic fund transfers in the amount of $5,911.46, and one wire
transfer in the amount of $697,310.63
September 15, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated September 10, 2025, which includes voucher numbers 481205 through
voucher 481351, in the amount of $5,393,967.62, sixteen electronic fund transfers in the amount of
$5,911.46, and one wire transfer in the amount of $697,310.63.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 39 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas)
Payroll check numbers 539724 through 539728 in the amount of
$81,352.38, electronic deposit transmissions in the amount of
$3,152,302.34, for a grand total of $3,233,654.72 for the period covering
August 28, 2025, to September 10, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
September 15, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539724 through 539728 in the amount of $81,352.38, electronic deposit
transmissions in the amount of $3,152,302.34, for a grand total of $3,233,654.72 for the period
covering August 28, 2025, to September 10, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 40 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6987 (Krum)
An Ordinance for a site-specific rezone of Parcel No. 0004200001 from R-2,
Residential Low to P-1, Public Use
(RECOMMENDED ACTION: Move to approve Ordinance No. 6987.)
September 15, 2025
Department: Attachments: Budget Impact:
Community Development Ord. No. 6987, Ord. No. 6987 -
Exhibit A, Ord. No. 6987 - Exhibit
B
Administrative Recommendation:
City Council to approve Ordinance No. 6987.
Background for Motion:
Ordinance No. 6987 would rezone Parcel No. 0004200001 to be consistent with the previously
adopted land use designation, allowing for public use. This site is proposed for the future construction
of the new Cascade Middle School.
Background Summary:
The City of Auburn School District No. 408 is requesting to rezone Parcel No. 0004200001 (a vacant
parcel) using a “Site-Specific Rezone, Category 1” application process in accordance with ACC
18.68.030(A)(2) to rezone a property to a zoning district that implements the land use map
designation applied to the property. The parcel is proposed to be rezoned from R-2, Residential Low
Zone to P-1, Public Use Zone. This rezone action will bring the parcel into alignment with the land use
designation and allow for a site build-out for a future school campus. The Hearing Examiner held a
Public Hearing on August 20, 2025, and issued a decision on August 27, 2025, recommending
approval to the City Council.
Staff presented the proposed changes to City Council at Study Session on September 8, 2025.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 41 of 72
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Ordinance No. 6987
September 11, 2025
Page 1 of 4
ORDINANCE NO. 6987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR A SITE-SPECIFIC REZONE
OF PARCEL NO. 0004200001 FROM R-2, RESIDENTIAL
LOW TO P-1, PUBLIC USE
WHEREAS, Auburn School District No. 408 owns seven (7) contiguous vacant
parcels (King County Parcel Nos. 0004200025, 0004200022, 0004200003, 0004200019,
0004200013, 0004200024, and 0004200001) with the intention to develop them into a
comprehensive school campus, including a high school, elementary, and middle school;
and
WHEREAS, Ordinance No. 6960 relating to the completion of the 2024 Periodic
Comprehensive Plan update re-designated the parcels to the Public/Quasi-Public land
use category; and
WHEREAS, six of the seven parcels were rezoned to P-1 Public Use zone,
however parcel no. 0004200001 (the subject parcel) was inadvertently excluded from the
rezoning action and remained zoned as R-2 Residential Low zone which the parcel is
specifically proposed to serve as the new middle school; and
WHEREAS, Camie Anderson, of Shockey Planning Group, Applicant’s
Representative, on behalf of Auburn School District No. 408 submitted a site-specific
rezone application on May 27, 2025 for Parcel No. 0004200001 to rezone the parcel from
R-2 Residential Low to P-1 Public Use zone; and
WHEREAS, the project is exempt from SEPA review in accordance with WAC 197 -
11-800(6)(c); and
WHEREAS, after proper notice published in the City’s official newspaper at least
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Ordinance No. 6987
September 11, 2025
Page 2 of 4
ten (10) days prior to the date of Public Hearing, the City of Auburn Hearing Examiner
conducted a Public Hearing, heard public testimony, and took evidence and exhibits into
consideration; and
WHEREAS, on August 27, 2025 the Hearing Examiner recommended approval of
the site-specific rezone application and made and entered Findings of Fact and
Conclusions of Law based thereon in support of that recommendation, as set forth in the
Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner
attached hereto, marked as Exhibit “A” and incorporated herein by this reference ; and
WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of
Law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner’s Findings of Fact and
Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of
Law based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the “Findings of Fact, Conclusions of
Law and Recommendation” for the Auburn School District No. 408, City File Number
REZ25-0002, dated August 27, 2025 attached hereto, included as Exhibit “A”.
Section 2. Approval. The City Council adopts and approves the request to
change the zoning of King County Parcel No. 0004200001 from R-2 Residential Low to
P-1 Public Use, shown in Exhibit “B”.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
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Ordinance No. 6987
September 11, 2025
Page 3 of 4
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 4. Recordation. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor’s Division.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 6987
September 11, 2025
Page 4 of 4
Section 6. Effective Date. 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: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 45 of 72
Rezone p.1 Findings, Conclusions and Recommendation
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Cascade Middle School
Rezone
REZ25-0002
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION.
INTRODUCTION
The Auburn School District (ASD) has requested a rezone to reclassify approximately
35.2 acres from R-2 (Residential Low) to P-1 (Public Use District) located in the
southeastern corner of the Lakeland Hills South Planned Unit Development east of I
ST NE with access from 40th ST NE. It is recommended that the City Council
approve the rezone.
The rezone area is currently designated Public/Quasi-Public in the City’s
Comprehensive Land Use Map. The only authorized implementing zones for this
Comprehensive Plan designation are Institutional (I) and Public Use (P-1). The
current R-2 designation is inconsistent with the Comprehensive Plan designation.
The City Council changed the Comprehensive Plan Land Use Map designations of
the rezone area and several parcels adjoining to the north in 2024 to facilitate the
replacement of the Cascade Middle School and other school campus development.
The proposed rezone area was mistakenly omitted from a similar rezone from R-2 to
P-1 for the parcels to the north. The proposed rezone is necessary for replacement of
the middle school and further development of the school campus.
ORAL TESTIMONY
Dinah Reed, Auburn City Planner, summarized the staff report.
Jeff Grose, Executive Director for Auburn School District Capital Projects, spoke in
favor of the project. Mr. Grose noted that the rezone will allow the District to replace
an aging school, develop a larger site with better facilities for instruction, for outdoor
use and for the community. Secondly, a major benefit is that the rezone will enable
Page 46 of 72
Rezone p. 2 Findings, Conclusions and Recommendation
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the District to eventually develop the rest of the 70 acres into a school campus. The
campus has a middle school, high school, and elementary school.
No one else testified at the hearing.
EXHIBITS
Exhibits 1-5 listed at page 10 of the July 28, 2025 staff report were admitted into the
record during the August 20, 2025 public hearing. A May 27, 2025 compliance
narrative written by the Applicant was admitted into the record during the public
hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Jeff Grose, Executive Director-Capital Projects Auburn School
District, 915 Fourth ST NE, Auburn, WA 98002
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on August 20, 2025.
Substantive:
3. Site/Proposal Description. The Auburn School District has requested a
rezone to reclassify approximately 35.2 acres from R-2 (Residential Low) to P-1
(Public Use District) located in the southeastern corner of the Lakeland Hills South
Planned Unit Development east of I ST NE with access from 40th ST NE.
The subject property is rectangular in shape, approximately 2,277 ft. in width (east to
west) and 700 ft. in length (north to south). It is flat with natural vegetation as well as
a trail that traverses the property. A portion of the southwest corner contains a
wetland encroachment.
The subject property is located south of 5 vacant parcels totaling approximately 37.3
acres owned by Auburn School District No. 4. The subject site is part of seven
contiguous parcels owned by ASD, approximately 73 acres in total. ASD intends to
develop these parcels into a comprehensive school campus, including an elementary
school, middle school, and high school.
The ASD seven parcels were re-designated to the Public/Quasi-Public land use
category as part of the Periodic Update to the Auburn Comprehensive Plan in 2024.
Concurrently, six of the seven parcels were rezoned to P-1 Public Use Zone.
However, parcel number 000420-0001 (the subject parcel) was inadvertently
Page 47 of 72
Rezone p. 3 Findings, Conclusions and Recommendation
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excluded from the rezoning action and remain zoned as R-2. The subject parcel is
proposed to serve as the new middle school.
4. Characteristics of the Area. As previously noted, the parcels to the north
are zoned Public and comprise part of an ASD campus. Directly to the south of the
subject parcel is “The River” manufactured home park. To the west is the Velvet
Homes Estates subdivision, and to the east is the Green River.
5. Adverse Impacts. No adverse impacts are anticipated from the proposal.
The proposal adds to an existing campus and will just result in the replacement of the
existing Cascade Middle School in addition to providing additional space for
scholastic and community amenities. Traffic and other project specific impacts will
be addressed and mitigated during site plan and other development permit review.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone
requests to the City Council.
Substantive:
2. Zoning Designation. The property is currently zoned R-2 (Residential Low).
3. Review Criteria. ACC 18.68.040 sets the review criteria for site specific rezones.
Applicable criteria are quoted in italics below and applied via corresponding
conclusions of law.
ACC 18.68.040: There is no presumption of validity for a rezone (zoning map
amendment) and the applicant has the burden of proof in establishing compliance
with all of the following criteria:
A. The rezone implements the policies of the comprehensive plan; or
4. Criterion met. The criterion is met. As previously noted, the Comprehensive
Plan Land Use Map designation for the project site is Public/Quasi-Public. The
current R-2 zoning of the subject parcel is inconsistent with the map designation. The
only authorized implementing zones for the Public/Quasi-Public designation are
Institutional (1) and Public Use (P-1). The proposed P-1 rezone is the most
appropriate and compatible zone of the two options because it enables the further
development of the adjoining Auburn School District campus.
Page 48 of 72
Rezone p. 4 Findings, Conclusions and Recommendation
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ACC 18.68.040B. The rezone is necessary due to a substantial change in
circumstances since the current zoning; and
5. Criterion optional. The criterion doesn’t need to be met. As noted in ACC
18.68.040A and B, only one of A or B needs to be met to validate the rezone. The
proposal is clearly necessary to implement the comprehensive plan because current
zoning is not consistent with the Comprehensive Plan Land Use Map. The proposal
is necessitated by changes in circumstances in any event. The Cascade Middle
School needs to be replaced since the subject parcel was last zoned. The Auburn
School District also has plans to further develop the subject parcel as part of its larger
school campus.
ACC 18.68.040C. The rezone bears a substantial relationship to the public health,
safety, or welfare.
6. Criterion Met. The criterion is met. The proposal will replace an aging middle
school and scholastic and community amenities without any significant adverse
impacts. In this regard the proposal bears a substantial relationship to the public
health and welfare.
RECOMMENDATION
It is recommended that the City Council approve the requested REZ25-0002 rezone
from R-2 to P-1.
Dated this 27th day of August, 2025.
________________________________
Phil Olbrechts,
City of Auburn Hearing Examiner
Page 49 of 72
Ordinance No. 6987 Zoning Map Amendment
Map ID: 6350
Printed On: 8/26/2025
Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
0 0.05 0.1 0.15 0.2
Miles
EXISTING
PROPOSED
Proposed Zoning
Auburn City Limits
R-4 Residential High
R-2 Residential Low
Open Space
P-1 Public Use District
Existing Zoning
R-NM Neighborhood Mixed Use
Residential Manufactured/
Mobile Home Community
Planned Unit Development District
C-2 Heavy Commercial
Page 50 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6988 (Krum)
An Ordinance for a Major Amendment to the Lakeland Hills South PUD
Boundary to extract fourteen (14) parcels
(RECOMMENDED ACTION: Move to approve Ordinance No. 6988.)
September 15, 2025
Department: Attachments: Budget Impact:
Community Development Ord. No. 6988, Ord. No. 6988 -
Exhibit A, Ord. No. 6988 - Exhibit
B
Administrative Recommendation:
City Council to approve Ordinance No. 6988.
Background for Motion:
Ordinance No. 6988 would extract fourteen Auburn School District owned parcels from the Lakeland
South Hills PUD to allow for future construction of a new middle school.
Background Summary:
The City of Auburn School District No. 408 is requesting to amend the Lakeland Hills South PUD
boundary by extracting 14 parcels through a Major PUD Amendment (PLT25-0005). The application
process is in accordance with ACC 18.76.120. The Lakeland Hills South PUD was originally
established in the 1990s and the proposed area to be extracted (approximately 43.6 acres) was
created to provide enhanced flexibility and alternative residential development standards for a mix of
residential densities. The subject site is no longer intended for residential development but proposed
instead for the Auburn School District No. 408 new school campus. The Hearing Examiner held a
Public Hearing on August 20, 2025, and issued a decision on August 28, 2025, recommending
approval to the City Council.
Staff presented the proposed changes to City Council at Study Session on September 8, 2025.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 51 of 72
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Ordinance No. 6988
September 11, 2025
Page 1 of 4
ORDINANCE NO. 6988
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR A MAJOR AMENDMENT
TO THE LAKELAND HILLS SOUTH PUD BOUNDARY TO
EXTRACT FOURTEEN (14) PARCELS
WHEREAS, Auburn School District No. 408 owns fifteen (15) contiguous vacant
parcels (Pierce County Parcel Nos. 0520053001, 0520053006, 0520053013,
0520053014, 0520053015, 0520053016, 0520053034, 0520053035, 0520053036,
0520053040, 0520053041, 0520053046, 0520053055, 0520053060, and 0520054081 );
and
WHEREAS, the area was created to provide enhanced flexibility and alternative
residential development; however, the site is no longer intended for residential
development but instead for a new middle school; and
WHEREAS, one of the fifteen parcels (Pierce County Parcel No. 0520053013) is
outside of the PUD and is zoned R-2 Residential Low; and
WHEREAS, fourteen of the said parcels are to be extracted from the Lakeland Hills
South PUD Boundary through a Major PUD Amendment; and
WHEREAS, the Auburn School District’s compilation of parcels is bisected by a
pipeline/powerline right-of-way owned by Northwest Pipeline Corporation and a parcel
containing a water tower owned by the City of Bonney Lake which are not part of the
PUD; and
WHEREAS, Camie Anderson, of Shockey Planning Group, Applicant’s
Representative, on behalf of Auburn School District No. 408 submitted a Major
Amendment to the Lakeland Hills South PUD boundary in conjunction with a
Page 52 of 72
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Ordinance No. 6988
September 11, 2025
Page 2 of 4
Comprehensive Plan Land Use Map Amendment to be processed under a separate
procedure, on June 3, 2025; and
WHEREAS, a SEPA checklist was submitted with the Major Amendment under
City File No. SEP25-0010 and a Determination of Non-significance in accordance with
WAC 197-11-800(6)(c), and a Notice of Application and Notice of Public Hearing was
issued on July 18, 2025 consistent with the noticing requirements of ACC 14.07.040; and
WHEREAS, after proper notice published in the City’s official newspaper at least
ten (10) days prior to the date of Public Hearing, the City of Auburn Hearing Examiner
conducted a Public Hearing, heard public testimony, and took evidence and exhibits into
consideration; and
WHEREAS, on August 28, 2025 the Hearing Examiner recommended approval of
the Major Amendment to the PUD and made and entered Findings of Fact and
Conclusions of Law based thereon in support of that recommendation, as set forth in the
Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner
attached hereto, marked as Exhibit “A” and incorporated herein by this reference ; and
WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of
Law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner’s Findings of Fact and
Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of
Law based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the “Findings of Fact, Conclusions of
Page 53 of 72
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Ordinance No. 6988
September 11, 2025
Page 3 of 4
Law and Recommendation for the Auburn School District No. 408, City File Number
PLT25-0005, dated August 28, 2025, attached hereto, marked as Exhibit “A”.
Section 2. Approval. The City Council adopts and approves the request to
remove Pierce County Parcel Nos. 0520053001, 0520053006, 0520053014,
0520053015, 0520053016, 0520053034, 0520053035, 0520053036, 0520053040,
0520053041, 0520053046, 0520053055, 0520053060, and 0520054081 from the
Lakeland Hills South PUD boundary shown in Exhibit “B”.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 4. Recordation. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor’s Division.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Page 54 of 72
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Ordinance No. 6988
September 11, 2025
Page 4 of 4
Section 6. Effective Date. 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: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 55 of 72
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PUD AMENDMENT - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Auburn School District
Major PUD Amendment
File No. PLT25-0005
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
SUMMARY
The Auburn School District requests approval of a major amendment to the Lakeland Hills South
Planned Unit Development (PUD) to extract approximately 43.6 acres from the PUD to change their
use from mixed residential use to P-1 for construction of a new middle school. It is recommended that
the City Council approve the requested amendment.
EXHIBITS
Exhibits 1-7 identified at page 9 of the August 5, 2025 staff report were admitted into the record during
the August 20, 2025 public hearing. The following exhibits were also admitted during the hearing:
Exhibit 8: Staff PowerPoint presentation.
Exhibit 9: June 3, 2025 Applicant compliance narrative.
Exhibit 10: August 4, 2025 Staff and Applicant response to public comments.
ORAL TESTIMONY
Dinah Reed, Auburn City Planner, summarized the staff report.
Page 56 of 72
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PUD AMENDMENT - 2
Jeff Grose, Executive Director for Auburn School District Capital Projects, spoke in favor of the project. Mr. Grose
noted that the proposed amendment will allow the construction of a new middle school instead of just replacing one
as done for the REZ25-0002 rezone. Currently there are 1,000 middle school students in portable class rooms. The
new school will accommodate 800 of those students.
No one else testified at the hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Jeff Grose, Executive Director-Capital Projects Auburn School District, 915 Fourth
ST NE, Auburn, WA 98002.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn
City Hall in the Council Chambers on August 20, 2025.
Substantive:
3, Site/Proposal Description. The Auburn School District requests approval of a major amendment
to the Lakeland Hills South Planned Unit Development (PUD) to extract approximately 43.6 acres from
the PUD to change their use from mixed residential use to P-1 zoned use for construction of a new
middle school.
The amendment area is located in the Lakeland Hills South Planned Unit Development (PUD) south of
the intersection of Lake Tapps Parkway SE and Sumner Tapps Highway East. The Lakeland Hills South
PUD was originally established in the 1990’s. The area subject to the amendment was created to provide
enhanced flexibility and alternative residential development standards for a mix of residential densities.
The PUD amendment extracts 14 contiguous parcels owned by ASD within the PUD.
The Auburn School District’s compilation of parcels is partially bisected by Pierce County parcel
0520053025, which is a pipeline/powerline right-of-way owned by Northwest Pipeline Corporation, and
parcel no. 0520053072, containing a water tower owned by the City of Bonney Lake. These two parcels
are not a part of the application.
4. Surrounding Uses. Surrounding uses are composed of vacant and residentially developed
property with environmentally sensitive areas to the west and Lake Tapps to the southeast.
5. Adverse Impacts. No adverse impacts are anticipated as a result of the amendment. Specific
impacts are addressed as follows:
A. Infrastructure/Public Services. The proposal will be served by adequate and appropriate
infrastructure and public services.
Page 57 of 72
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PUD AMENDMENT - 3
Future development of the site will require a separate SEPA environmental review, civil
permit, as well as building permit. Under these permit applications, the future middle
school will provide code-compliant street frontage improvements, public facilities, and
utility extensions.
The Applicant notes that primary vehicular access will be from Sumner Tapps Highway
East, aligned with the entrance to Four Lakes Apartment Homes, via a new single-land
roundabout. In addition, a gated, access-controlled bus entrance and exit will be located
on 16th Street East, forming the new fourth leg of the existing signalized intersection.
Pedestrian and non-motorized access will be enhanced with a new 10-foot wide sidewalk
and upgraded lighting along the site’s entire street frontage. Open space proposed on-site
includes permitter landscaping, a track and field facility, soccer/football/lacrosse fields,
baseball and softball fields, and a protected, undisturbed wetland area (Wetland A along
the western boundary).
The City of Bonney Lake has commented that ASD is in the process of obtaining a
certificate of water availability, instantaneous fire flow, and water modeling from the City
of Bonney Lake. Ex. 10. Bonney Lake will advise ASD of water service connection
requirements as part of this review process.
Jorden Schenk, a representative of the Four Lakes Apartments, located to the north of the
project, provided written comment. Mr. Schenk expressed concern about impaired access
to the apartments during construction of the middle school. He was assured by ASD in
Ex. 10 that access would be maintained. He was also assured that a City-approved traffic
control pan would govern any access modifications during construction. Finally, ASD
stated that the lighting of the sports fields would produce minimal light spill beyond ASD
property lines at 0 to 0.1 footcandles. Light impacts will be addressed by the City during
development permit review.
B. Compatibility. The proposed amendment is compatible with surrounding uses. The area
proposed to be removed from the Lakeland Hills South PUD is a relatively small area,
approximately 44 acres compared to the 725 acres that will still comprise the boundaries
of PUD. As noted in the ASD narrative, Ex. 9, the project area will retain its critical area
tract that protects on-site wetlands. That tract serves as an aesthetic buffer to adjoining
uses. As shown in the aerial photograph of the staff report, existing residential uses are
separated from the project site by major roads or heavily forested areas. There is sufficient
space to buffer residential development of adjoining residential development if that is
found necessary.
Page 58 of 72
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PUD AMENDMENT - 4
CONCLUSIONS OF LAW
1. Authority. Per ACC 14.03.030, a preliminary plat is a Type III Decision which are quasi-judicial
final decisions made by the Hearing Examiner.
2. Zoning. The subject property is zoned Lakeland Hills South PUD.
3. Review Criteria/Deviations Approved. ACC 18.79.140 governs the review criteria for major
PUD amendments. Applicable criteria are quoted below in italics and applied through corresponding
conclusions of law.
ACC 18.76.140: Applications for a major amendment to a PUD shall only be approved if
sufficient findings of facts are drawn to support the following:
A. Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks,
playgrounds, or sites for schools.
4. The criterion is met for the reasons identified in Finding of Fact 5A.
ACC 18.76.140B: The proposed major amendment to the PUD is in accordance with the goals,
policies and objectives of the comprehensive plan.
5. The criterion is met. The staff report notes that ASD has requested a comprehensive plan
amendment to change the comprehensive plan land use map designation of the project site from
Residential 2 to Public/Quasi-Public. The Applicant will also be seeking a rezone of the project site
from R-2 to P-1 Public Use. If approved, these comprehensive plan and zoning designations will
provide consistency between the planned new middle school ad City goals and policies. Construction
of the middle school as facilitated by the PUD amendment is also consistent with the goals and policies
of the City’s capital facilities element, which seeks to assure adequate and appropriate capital facilities
such as schools.
ACC 18.76.140C: The major amendment is consistent with the purpose of this chapter, ACC
18.76.010, provides for the public benefits required of the development of PUDs and does not result in
only increasing the number of units that would otherwise be attained through a development using the
existing zoning and subdivisions standards.
6. The criterion appears to be met.
Unfortunately the criterion is not the model of clarity. Fo that reason the staff and Applicant have not
applied it in the way intended. The staff report and Applicant analysis focus upon the fact that the
amendment doesn’t add any dwelling units. That fact is not pertinent to the criterion. The criterion
should be construed as prohibiting PUD amenities that were used to justify an increase in dwelling units
beyond those authorized for a preliminary plat.
Page 59 of 72
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PUD AMENDMENT - 5
The criterion requires that the amendment be consistent with the purpose of PUDs. In simplest terms,
PUDs authorize increases in authorized densities and the waiver of other development standards in
exchange for superior design features. ACC 18.76.010 reflects this trade off by providing that in
exchange for the waiver and modification of development standards,
“the city will require the PUD to result in a significantly higher quality development, generate more
public benefit and be a more sensitive proposal than would have been the case with the use of standard
zoning or subdivision procedures” (as quoted from the ACC 18.76.140C criterion above).
Given the purpose of PUDs, it’s clear that the criterion above seeks to prevent the removal of PUD
amenities used to justify an increase in authorized dwelling units, i.e. resulting in a PUD that “is only
increasing the number of units that would otherwise be attained through a development using the
existing zoning and subdivisions standards.” A simple example illustrates this point. If the Lakeland
Hills PUD were authorized to have an extra 20 dwelling units solely because it offered an extra 10 acres
of open space, then an amendment that removed that 10 acres would result in a PUD that “is only
increasing the number of units that would otherwise be attained through a development using the
existing zoning and subdivisions standards.”
The record doesn’t provide much information on what, if any, PUD benefits may be lost by the
amendment. As far as can be ascertained from the maps included in the staff report, there are no PUD
amenities lost by the amendment. Staff should clarify this issue for the Council1.
ACC 18.76.140D: The proposed major amendment to the PUD conforms to the general purposes of
other applicable policies or plans which have been adopted by the city council.
7. The criterion is met. The reference to “other” policies or plans in the criterion above is construed
as referencing plans other than the comprehensive plan. The comprehensive plan is already addressed
in prior amendment criteria quoted above. City staff have not identified any policies other than the
comprehensive plan that address the proposed PUD amendment. The only other applicable plan that is
likely implicated by the amendment is the ASD capital facilities plan. The ASD capital facilities plan
appears to be adopted into Page CFE-1 of the City’s comprehensive plan. The PUD amendment is
presumably consistent with this plan.
ACC 18.76.140E: The approval of the major amendment will have no more of an adverse impact upon
the surrounding area than the approved Lakeland Hills South PUD as shown on the official Lakeland
plan map.
8. The criterion is met. The proposal is likely to have nominal impact on surrounding uses.
1 Generally new evidence cannot be considered after the close of a public hearing. However, the Council can take “judicial
notice” of prior City Council and hearing examiner decisions. Staff should be able to identify whether any PUD amenities
are lost by the proposed amendment by referencing the decision that approved the Lakeland Hills PUD.
Page 60 of 72
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PUD AMENDMENT - 6
RECOMMENDATION
It is recommended that the City Council approve the PLT25-0005 PUD amendment.
Dated this 28th day of August 2025.
______________________________
Phil Olbrechts,
City of Auburn Hearing Examiner
Page 61 of 72
Ord. No. 6988 Exhibit B Map Amendment
Auburn City LimitsLakeland Hills South PUD
R-2 Residential Low
Open Space
Parcels to be extracted
Subject Parcels
Map ID: 6347
Printed On: 8/26/2025 Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.
0 0.1 0.2 0.3
Miles
Page 62 of 72
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5856 (Gaub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement
between the City of Auburn and the City of Sumner relating to the City of
Auburn’s Coal Creek Springs Transmission Main Replacement Project and
the City of Sumner’s Levee & Point Bar Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5856.)
September 15, 2025
Department: Attachments: Budget Impact:
Public Works 02 Res 5856, Resolution No.
5856 Exhibit A, Vicinity Map
Administrative Recommendation:
City Council to adopt Resolution No. 5856.
Background for Motion:
This Resolution authorizes the City to contribute funding towards the City of Sumner’s Levee & Point
Bar Project in the amount of $121,885.63. This contribution will satisfy a permit mitigation
commitment to the Washington State Department of Fish and Wildlife related to the City of Auburn’s
Coal Creek Springs Transmission Main Replacement Project.
Background Summary:
Resolution No. 5856 authorizes the Mayor to enter into an Interlocal Agreement with the City of
Sumner for the City of Auburn to contribute funding towards the City of Sumner’s Levee & Point Bar
Project in the amount of $121,885.63.
The City planned to place large woody material (large logs and tree parts) along the White River as
part of project CP1603, Coal Creek Springs Transmission Main Replacement Project to satisfy a
permit mitigation commitment to the Washington State Department of Fish and Wildlife (WDFW).
During construction of the project, the Muckleshoot Indian Tribe raised concerns that the large woody
material would interfere with their fishing activities along the River. City staff met with the WDFW and
the Tribe and all parties agreed that the large woody material should not be installed as part of the
project. Instead, the WDFW determined the City could contribute funds that were budgeted for the
large woody material placement to another project providing comparable mitigation along the White
River.
The City of Sumner has agreed to accept Auburn’s contribution from the Coal Creek Springs
Transmission Main Replacement project and approved Sumner Resolution No. 1729 authorizing the
Page 63 of 72
Interlocal Agreement with Auburn that is Exhibit A to Auburn's Resolution No. 5856. The funds will be
used to place large woody material along the White River as part of Sumner’s Levee & Point Bar
Project, at a site further downstream away from frequent Tribal fishing areas.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 64 of 72
--------------------------------
Resolution No. 5856
September 11, 2025
Page 1 of 2 Rev. 04/24
RESOLUTION NO. 5856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF SUMNER RELATING
TO THE CITY OF AUBURN’S COAL CREEK SPRINGS
TRANSMISSION MAIN REPLACEMENT PROJECT AND THE
CITY OF SUMNER’S LEVEE & POINT BAR PROJECT
WHEREAS, the City of Auburn (“Auburn”) has committed to the Washington State
Department of Fish and Wildlife to place large woody material along the White River as
part of Auburn’s Coal Creek Springs Transmission Main Replacement Project; and
WHEREAS, the Muckleshoot Indian Tribe has expressed concerns that large
woody material placement as part of the Coal Creek Springs Transmission Main
Replacement Project will interfere with their fishing activities; and
WHEREAS, the City of Sumner (“Sumner”) will place large woody material along
the White River as part of Sumner’s Levee & Point Bar Project and this project is in need
of construction funding; and
WHEREAS, Washington State Department of Fish and Wildlife has agreed the
remaining funds Auburn has budgeted for the large woody material placement can be
contributed to Sumner’s Levee & Point Bar Project to satisfy Auburn’s commitment to
Washington State Department of Fish and Wildlife; and
WHEREAS, the Cities of Auburn and Sumner are authorized to undertake joint and
cooperative action pursuant to RCW 35A.11.040 and Chapter 39.34 RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 65 of 72
--------------------------------
Resolution No. 5856
September 11, 2025
Page 2 of 2 Rev. 04/24
Section 1. The Mayor is authorized to execute an Interlocal Agreement with the
City of Sumner related to the City of Auburn’s Coal Creek Springs Transmission Main
Project and the City of Sumner’s Levee & Point Bar Project, which Agreement will be in
substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 15th day of September, 2025.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 66 of 72
City of Auburn Resolution
No. 5856
Exhibit A
Page 67 of 72
Sumner-Auburn Interlocal Agreement
White River Restoration Page 1 of 4
Return to:
City of Sumner City Clerk
1104 Maple Street
Sumner, WA 98390
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SUMNER AND THE CITY OF AUBURN
FOR FUNDING SUPPORT FOR CONSTRUCTION
OF THE LEVEE & POINT BAR PROJECT
THIS AGREEMENT, made pursuant to RCW Chapter 39.34, the Interlocal
Cooperation Act, is entered into by and between the City of Sumner (“Sumner”) and the City of
Auburn (“Auburn”), both municipal corporations of the State of Washington (together referred to
as the “Parties”), for the purpose of installing large woody material as part of the Levee & Point
Bar project (“Agreement”).
WHEREAS, Auburn has committed to the Washington State Department of Fish and
Wildlife to place large woody material along the White River as part of Auburn’s Coal Creek
Springs Transmission Main Replacement Project project; and
WHEREAS, the Muckleshoot Indian Tribe has expressed concerns that large woody
material placement as part of the Coal Creek Springs Transmission Main Replacement Project
will interfere with their fishing activities; and
WHEREAS, Sumner’s Levee & Point Bar Project will place large woody material along
the White River and is in need of construction funding; and
WHEREAS, the Washington State Department of Fish and Wildlife has agreed the
remaining funds Auburn has budgeted for the large woody material placement can be contributed
to the Sumner Levee & Point Bar Project to satisfy Auburn’s commitment to the Washington
State Department of Fish and Wildlife; and
WHEREAS, the Interlocal Cooperation Act, Chapter RCW 39.34, authorizes the Parties
to enter into this Agreement for the purposes set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions, mutual covenants and
performance contained herein or attached and made part hereof, the Parties hereto agree as follows:
AGREEMENT
SECTION 1. SUMNER’S RESPONSIBILITIES
The scope of work for this Agreement is the placement of large woody material along the
White River as part of the Levee & Point Bar Project. The project boundaries are completely
within the City of Sumner. As such, Sumner shall be solely responsible for all aspects of the
Resolution No. 1729
Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78
Page 68 of 72
Sumner-Auburn Interlocal Agreement
White River Restoration Page 2 of 4
project and retains sole decision-making, permitting authority, supervision, and inspection
authority over all aspects and management of the Project.
SECTION 2. AUBURN’S RESPONSIBILITIES
Subject to the terms and conditions of the Agreement set forth herein, Auburn agrees to
make a one-time payment to the City of Sumner of $121,885.63 for the Levee & Point Bar Project
(the “Funds”). Payment of the Funds will be made pursuant to this signed Agreement, and within
45 days of the execution of this Agreement by the Parties, the execution of which is contingent
upon final approval of the terms and conditions of this Agreement by Resolution of the Auburn
City Council. At Auburn’s discretion, payment of the Funds shall be made by check, ACH transfer,
or by wire. If paying by check, it should be to “City of Sumner” and sent by post mail to the
following address:
Michael Kosa, Director
Public Works Department
City of Sumner
104 Maple Street
Sumner, WA 98930
Instructions for ACH and wire payments are attached as Exhibit A. Sumner shall have full
discretion on use of the Funds for the Levee & Point Bar Project. Upon payment of the Funds,
Auburn will have no further responsibilities regarding the Project or for any future maintenance
and/or operation of the Levee & Point Bar Project because of this Agreement. The Agreement
does not create any lien rights or any interest in property or equipment. Auburn makes no
commitment to and is not obligated by this Agreement for any future support of the Project.
SECTION 3. SUMNER ASSURANCES AND FUNDING CONFIRMATION
Sumner warrants and promises that it will not redirect the Funds for any other purpose than
completion of the Project. If Sumner abandons the Project or does not expend all the Funds
obligated, it shall refund to Auburn the portion of Funds unexpended.
Sumner will construct the Project in accordance with public works laws and regulations
including those related to competitive bidding, prevailing wage, retainage, and bonding, and with
the currently adopted Stormwater Design Manual; the Washington State Department of
Transportation (WSDOT) and the American Public Works Association (APWA), Washington
State Chapter, Standard Specifications for Road, Bridge, and Municipal Construction, and
Standard Plans (M21-01) for Road, Bridge and Municipal Construction and the Washington State
Department of Transportation Construction Manual.
SECTION 5. ASSIGNMENT.
Neither Party to this Agreement shall have the right to convey, assign, apportion or
otherwise transfer any and all of its rights, obligations, conditions and interests under this
Agreement, without the prior written approval of the other.
Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78
Page 69 of 72
Sumner-Auburn Interlocal Agreement
White River Restoration Page 3 of 4
SECTION 6. LEGAL RELATIONS.
A. Independent Governments. The Parties hereto are independent governmental entities,
and nothing herein shall be construed to limit the powers, authority or discretion of the governing
bodies of each. Moreover, nothing herein contained shall be construed as creating a partnership or
joint venture or the relationships of employer and employee, or principal and agent between the
Parties. Sumner shall retain all authority for rendition of services, permitting requirements,
standards of performance, control of personnel, and other matters incident to performance of this
Agreement by Sumner.
B. Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for
the benefit of the Parties hereto and, other than the benefit to the public provided by completion of
the Project, gives no right or cause of action to any other party. No joint venture or partnership is
formed as a result of this Agreement.
SECTION 7. DURATION AND TERMINATION
This Agreement is effective upon execution by both Parties and will automatically
terminate when the terms of this Agreement are complete or upon mutual consent by the Parties.
SECTION 8. INDEMNIFICATION AND DEFENSE
Sumner shall defend, indemnify and save harmless Auburn, its elected officials, officers,
employees, agents and assigns from any and all costs, claims, judgments, or awards of damages
resulting or allegedly resulting from the acts or omissions of Sumner, i ts officers, employees,
agents or assigns associated with this Agreement.
Sumner specifically assumes liability for actions brought by its own employees against
Auburn and for that purpose Sumner specifically waives, as respects to Auburn only, any immunity
under the Worker’s Compensation Act, RCW Title 51. The parties acknowledge that this waiver
was the subject of mutual negotiation.
SECTION 9. INSURANCE
Summer shall maintain in full force throughout the duration of this Agreement membership
in a municipal self-insurance pool, including evidence of limits of coverages, exclusions, and limits
of liability satisfactory to Auburn.
SECTION 10. WAIVER
No waiver by either of the Parties to this Agreement of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other term or condition or
any subsequent breach, whether of the same or a different provision of this Agreement.
Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78
Page 70 of 72
Sumner-Auburn Interlocal Agreement
White River Restoration Page 4 of 4
SECTION 11. ENTIRE AGREEMENT
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements between the Parties shall be
effective for any purpose.
SECTION 12. AMENDMENT
Provisions within this Agreement may be amended with the mutual consent of the Parties
hereto. No waiver, additions to, or alteration of, the terms of this Agreement shall be valid unless
made in writing, formally approved and executed by duly authorized agents of both Parties.
SECTION 13. SEVERABILITY
If any one or more of the provisions contained in this Agreement are held illegal, invalid,
or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 14. FILING
Copies of this Agreement shall be filed with the Pierce County Auditor after execution of
the Agreement by both Parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
this day of , 2025.
CITY OF SUMNER CITY OF AUBURN
By: By:
Kathy Hayden, Mayor Nancy Backus, Mayor
By:
Jason Wilson, City Administrator
Approved as to Form: Approved as to Form:
Andrea Marquez Jason Whalen
SUMNER CITYATTORNEY AUBURN CITY ATTORNEY
Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78
Page 71 of 72
Map Title Printed On: 9/3/2025
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:52135012
mi
WGS84 Web Mercator (Auxiliary Sphere)
Auburn's Coal Creek Springs
Transmission Main Replacement
Project (Bridge Site)
Auburn's Coal Creek Springs
Transmission Main Replacement
Project (Large Woody Material Site)
Sumner’s Levee &
Point Bar Project
VICINITY MAP
Resolution No. 5856
Page 72 of 72