HomeMy WebLinkAbout5876RESOLUTION NO. 5876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE SEWER FRANCHISE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
KING COUNTY TO ESTABLISH A FRANCHISE
COMPENSATION SCHEDULE FOR THE CITY'S USE AND
OCCUPATION OF KING COUNTY RIGHT-OF-WAY TO
INSTALL, OPERATE AND MAINTAIN CITY SEWER
FACILITIES
WHEREAS, in September 2002, King County granted the City of Auburn a twenty-
five year sewer franchise (King County Franchise No. 14458) to install, operate, and
maintain sewer mains, service lines and appurtenances in, over, along, and under county
roads; and
WHEREAS, in January 2014, through King County Franchise Amendment
Ordinance No. 17701 and City of Auburn Resolution No. 5027, the Sewer Franchise
Agreement was amended to update the franchise service area to be consistent with the
then approved 2010 Comprehensive Sewer Plan; and
WHEREAS, pursuant to chapter 6.27 of the King County Code (KCC), King County
has the authority to charge annual franchise compensation, retroactive to 2018, to utility
franchise agreement holders for the right to use and occupy King County right-of-way;
and
WHEREAS, King County is exercising its authority to charge Franchise
Compensation as defined in KCC 6.27.080, requiring an amendment to the franchise
agreement; and
WHEREAS, King County and the city agreed on the basis and methods for
calculating the yearly Franchise Compensation; and
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Resolution No. 5876
November 19, 2025
Page 1 of 2 Rev. 04/24
WHEREAS, it is in the public interest for the city to agree to the amended terms of
the sewer franchise agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Agreement
between the City and King County to amend the sewer franchise between the parties,
which amendment shall be in substantial conformity with the amendment attached hereto
as Exhibit A and incorporated herein by this reference.
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 December, 2025.
ATTEST:
Shawn Campbell, MMC, City Clerk
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Resolution No. 5876
November 19, 2025
Page 2 of 2
CITY OF AUBURN
bQa; .1 �-
NANCY BA S, MAYOR
A .S
Jason Whalen, ,City Attorney
Rev. 04/24
Docusign Envelope ID: OC6000BF-2C6F-4C6C-gECA-D6FB60A8F432
EXHIBIT A
King County Franchise #: 14458
Amended by # 17701
Second Amendment to the Franchise Agreement
WHEREAS, King County, a political subdivision of the State of Washington, entered into
a Franchise Agreement with City of Auburn, a municipal corporation of the State of Washington,
as Franchisee, covering the Franchise Area fully described in the Franchise Agreement No. 14458,
the effective date of which was September 16"', 2002; and
WHEREAS, Franchise Agreement No. 14458, was subsequently amended to revise the
Franchise Area fully described in the Franchise AmendmentNo, 17701, the effective date of which
was January 21, 2014.
WHEREAS, the Franchise Agreement grants King County the right to impose Franchise
Compensation in exchange for Franchisee's use of the King County Right -of -Way (ROW);
WHEREAS, pursuant to chapter 6.27 of the King County Code, the County has the
authority to charge Franchise Compensation; and
WHEREAS, subject to the terms and conditions described below and contained in the
Franchise Agreement, King County is exercising its authority to charge Franchise Compensation
as defined in KCC 6.27.080 and Public Rule RPM 9-2.
NOW THEREFORE:
1. In exchange for the right to use and occupy the County ROW to place its Facilities,
Franchisee shall pay the County compensation in the nature of rent as provided in
KCC 6.27.080 in the amounts described below. The County shall provide
Franchisee an invoice for compensation, which shall be due and payable to King
County Finance within thirty (30) days of the date of the invoice, as identified on
the invoice. Payment may be made either electronically or via US Mail to King
County Facilities Management Div.- RES Finance, 401 5th Ave., Suite 930, Seattle,
WA 98104. Franchise compensation shall be adjusted annually based on the U.S.
Department of Labor, Bureau of Labor Statistics Consumer December through
December Price Index for All Urban Consumers for the Seattle -Tacoma -Bremerton
Statistical Metropolitan Area for the preceding year, If franchise compensation is
not received by the County by the due date, interest shall be charged from that date
until such time that payment is received at the maximum rate permitted under
Washington State law, compounded daily.
2. Franchise compensation may be treated as an external cost which may be passed
through by Franchisee to customers and itemized on monthly billing statements.
Therefore, the Parties agree that any recovery itemized on customer's bills shall be
referred to as "King County ROW Franchise" or language substantially similar
thereto.
City of Aubum Fnutchise Amendment 2 Compensation.doex Page 1 of 5
Docusign Envelope ID: 005000BF-2CGF-4C6C-gECA-D5FB50ABF432
3. The Parties have negotiated and agreed that Franchisee shall pay the County an
additional $4,351.00 in Franchise Compensation with the first invoice following
the Effective Date, in exchange for use and occupation of the ROW between 2018
through 2024. Table showing compensation .for each year follows:
Year
Franchise Compensation
2018
$539
2019
$566
2020
$594
2021
$604
2022
$632
2023
$688
2024
$728
2025
$748
4. During each fifth (5th) year throughout the term of this Franchise (including any
extension thereof), beginning on the year the first invoice is issued, Franchise
compensation will be re-evaluated. The purpose of the re-evaluation is to capture
changes in the Franchise Area or changes in the assessed land values of parcels
adjacent to the ROW. By January 30`1 of each 5tl' year, Franchisee shall notify the
County of any changes to its Franchise Area and shall provide the County whatever
information is needed to reflect such changes, including'but not limited to a GIS
compatible map and/or a legal description.
5. No acceptance of any payment made pursuant to this Amendment shall be
construed as an accord by the County that the amount paid is in fact the correct
amount, nor shall any acceptance of payments be construed as a release of any claim
the County may have for further or additional sums payable or for the.performance
of any other obligation of Franchisee.
6. Franchisee shall provide and maintain fire suppression water facilities, equipment
and services throughout its Franchise Area in accordance with KCC 6.27.060. Fire
suppression water facilities, equipment and services shall be considered part of
Franchisee's Facilities and shall be provided at no cost to the County. However,
costs incurred by Franchisee for fire suppression water facilities and services shall
be credited against the franchise compensation amount.
City or Aubum Franchise Amendment 2 Compensation,doex Page 2 or 5
Docusign Envelope ID: 005000BF-2C6F-4C6C-9ECA-D5FB5OA8F432
IN WITNESS WHEREOF, Grantee and Grantor have caused this Amendment to be executed
effective as of the date the last party signs below, (`Effective Date"),
Grantee:
CITY OF AUBURN
By;
Name:
Title:
Date
APPROVED AS TO FORM ONLY:
By: Feymany;
ew Fund
FinTe'f i ell, King County
Senior Deputy Prosecuting Attorney
Date: 10/29/2026
Grantor
KING COUNTY
a home rule charter county and political
subdivisi n of the State of Washington
isa Pearson, Director
Facilities Management Division
Date: M - 0' %
City of Aubum Franchise Amcndntent 2 Compensution.doex Page 3 of 5
Docuslgn Envelope ID: 005000BF-2CBF-4CGC-9ECA-D5FB6OA8F432
GRANTOR ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfi►Iness, accuracy, or validity of
that docusiient.
State of Washington)
County of Kin )
l certify that Lisa Peat -son signed this instrument, on oath stated that she was
authorized by the King County Executive to execute the instrument and acknowledged her
as the Diiector of the Facilities Management Division of the Department of Executive
Services of King County, Washington, to be the free and voluntary act of said County for
the uses and purposes mentioned in the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Washington that the
foregoing paragraph is true and correct.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this "'41 day of L6Lt,' � 2025.
NOTARY PUBLIC
teven ease -Si'cv / " " S
Notary Pubiie (printed name)
State of Washington
My Appointment Expires t il2312026
Commission Number 22001325 inand for the State of Washington
residing at .St��
My appointment expires V:y 0,0,-kS'
Chy of Auburn franchise Amendment 2 Compensalion.doex Page 4 of 5
Docusign Envetope)D: 005000BF-2C6F-4C6C-OECA-D5FB50AOF432
GRANTIC)C ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document,
State of Washin tg_on,)
County of K_ ing)
On btCl nbCV 15 2025, before me, �\Ghr(0\ SCVADII ,
notary public, personally appeared W M\Cq ?)aCk.\A S , who proved to me on
the basis of satisfactory evidence to be the person whose came is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon belialf of which the person acted,
executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of Washington that the
foregoing paragraph is true and correct.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this GJ day of-OeCeM Y, 2025.
NOTARY PLVIC
NoPu - &myl n SUVA0`�
State of Wm►s6iugtou
HANNAH SCHOLL
LICENSE # 202199
MY COMMISSION EXPIRES
SEPTEMBER 19.2026 '-
(printed name)
in and for the State of Washington
residing at EU -W—Vn- _.
My appointment expires\_ -R
City of Aubum Franchise Amendment 2 Componsntion.doex . Page 5 of 5