HomeMy WebLinkAboutItem VIII-B-2WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Resolution No. 3644 October 14, 2003
Department: Attachments: Budget Impact:
Public Works Resolution No. 3644
Administrative Recommendation:
City Council adopt Resolution No. 3644.
Background Summary:
Resolution No. 3644 authorizes the Mayor to execute the following agreements that are related to the
annexation of a portion of property to the City of Auburn simultaneously to its de-annexation from the City
of Pacific.
- A water service area agreement.
- An emergency water system intertie agreement.
- An Auburn Franchise Agreement for Pacific to allow service to properties west of East Valley.
Highway in the vicinity of the King/Pierce County line.
- A Pacific Franchise Agreement for Auburn water for the area in A Street SE north of the north
annexation boundary and south of the current city limits.
- An interlocal agreement for the Vista Heights Development at Lakeland.
- An interlocal agreement allowing Auburn to operate and maintain a portion of A Street SE.
- A Bill of Sale for the facilities being transferred from Pacific to Auburn within the annexation
area.
Auburn City Council conducted a hearing on the annexation and approved the annexation by Resolution
No. 3643 on Monday, October 6, 2003.
W1020-3
O3.1 ANX03-0001
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Human Resources [] Police
[] Planning Comm. [] Other [] Legal [] Public Works
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Wagner Staff: Dowdy
Meeting Date: October 20, 2003 Item Number: VIII.B.2
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 6 4 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE ANNEXATION OF A
PORTION OF PROPERTY TO THE CITY OF AUBURN
SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE CITY OF
PACIFIC, PURSUANT TO RCW 35.10.217(2)
WHEREAS, the City Council of the City of Auburn adopted Resolution No. 3617 on
May 19, 2003, and Resolution No. 3619 on June 16, 2003, notifying the King County
Boundary Review Board of the City's intent to annex property to the City of Auburn
simultaneous to its de-annexation from the City of Pacific; and
WHEREAS, the City Council of the City of Pacific has concurred with the annexation
and de-annexation through its Resolution No. 527 on May 27, 2003, and Resolution No.
530 on June 9, 2003; and
WHEREAS, the King County Boundary Review Board has consented to and
approved the annexation and de-annexation; and
WHEREAS, in connection with such annexation/de-annexation, the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning,
transportation, utility or development issues that affect the cities; and
WHEREAS, the annexation/de-annexation will result in a change in the water
service areas of the cities; and
WHEREAS, Pacific desires to be granted the right to a future franchise for ingress,
egress and utilities in the vicinity of the King/Pierce County line on East Valley Highway in
order to access the parcels to the west of the Burlington Northern Santa Fe right-of-way;
and
Resolution 3644
October 6, 2003
Page 1of 4
WHEREAS, Auburn desires to be granted a franchise for its existing facilities in A
Street SE remaining in Pacific after the annexation/de-annexation; and
WHEREAS, the cities wish to amend the existing emergency intertie agreements
and relocate the emergency intertie facility serving Pacific on Lakeland Hills Way; and
WHEREAS, the cities have mutual interests in the development "Vista Heights" that
currently straddles the existing cities' boundaries and will be completely contained within
Auburn when the annexation/de-annexation is finalized; and
WHEREAS, Auburn desires to treat and retain public storm water in public facilities;
and
WHEREAS, Auburn and Pacific have agreed that Pacific will, by bill of sale, transfer
their interest in the public facilities within the annexation/de-annexation area to Auburn; and
WHEREAS, Auburn and Pacific have agreed that Auburn will provide operation and
maintenance services for the portion of A Street SE remaining in Pacific; and
WHEREAS, the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with; and
WHEREAS, a Public Hearing was held on October 6, 2003, for which notice was
provided pursuant to the requirements of RCW 35.10.217(2) and at which hearing all
persons wishing to speak to the annexation and de-annexation were heard; and
WHEREAS, the City Council of the City of Auburn passed its Resolution No. 3643
on October 6, 2003, finalizing the annexation of a portion of property to the City of Auburn
and simultaneous to its de-annexation from the City of Pacific.
Resolution 3644
October 6, 2003
Page 2of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute agreements in substantial
conformity with the following agreements attached hereto and incorporated herein by this
reference:
The Water Service Area Adjustment Agreement marks as Exhibit A,
The Emergency Water System Intertie Agreement marked as Exhibit B,
The Auburn Franchise Agreement With the City of Pacific marked as Exhibit C,
The Pacific Franchise Agreement with the City of Auburn marked as Exhibit D
The Vista Heights Development Agreement marked as Exhibit E,
The Bill of Sale for infrastructure being transferred from Pacific to Auburn marked as
Exhibit F, and
An interlocal agreement for maintenance and operation services on a portion of A
Street SE attached as Exhibit G.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Pacific.
Section 3. This Resolution shall shall take effect and be in full force upon
passage and signatures hereon.
Resolution 3644
October 6, 2003
Page 3of 4
DATED and SIGNED this ~ day of 2003.
CITY Of AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution 3644
October 6, 2003
Page 4of 4
EXHIBIT A
WATER SERVICE AREA AGREEMENT
This Agreement made and entered into by and between the City of Pacific, a
Washington municipal corporation, ("Pacific") and the City of Auburn, a Washington
municipal corporation ("Auburn").
Whereas, Pacific is engaged in the business of providing water service to the public
located in certain areas of King County in the State of Washington. Auburn is engaged
in the business of providing water service to the public located in certain areas of King
and Pierce Counties in the State of Washington, and;
Whereas, the parties desire to enter into a formal service area agreement to revise the
boundary between their contiguous service areas in King county in order to avoid any
duplication or overlap of water service and to provide the most efficient service to their
respective customers, and;
Whereas, Auburn and Pacific have by resolution annexed/de-annexed an area legally
described in Attachment "1" attached hereto and shown on the map (Attachment "2")
attached hereto. The Cities have agreed to work together cooperatively to facilitate a
practical efficient boundary between the two systems.
Pacific and Auburn therefore agree as follows:
This Agreement is entered into pursuant to the South King County Coordinated
Water System Plan which Plan and Appendices are incorporated herein by this
reference.
The contiguous water service boundary between Pacific and Auburn is agreed
upon by both parties as shown on the attached map (Attachment "2") and as legally
described in Attachment "3", which by this reference are incorporated herein.
Pacific and Auburn may by mutual written amendment(s) to this Agreement make
such adjustments to the service boundary as they may mutually agree upon from
time to time so that water service to new service locations in close proximity to the
service boundary may be provided in an efficient, effective and economical manner.
Any such adjustments shall be documented by modifying the attached maps which
when so modified and agreed to by the parties shall constitute amendments to this
Agreement. Minor adjustments consisting of ten acres or less may be authorized by
the Public Works Director of the City of Auburn and the Community Development
Director of the City of Pacific.
Except as specifically set forth herein, this Agreement shall not modify the
Resolutions regarding the Annexation/De-annexation process referenced above.
Exhibit A
Resolution No. 3644
Page 1 of 2
Auburn will work with Pacific to assist in the negotiations with a Tacoma Second
Supply Project Partner ($SP Partner) for future water supply for Pacific. The rate
for water sold to Pacific from a $SP Partner shall be the rate charged Auburn for the
water plus a wheeling charge to be established using cost of service principles.
Pacific will pay Aubum its costs associated with increasing the capacity of the
Auburn Tacoma Second Supply Pipeline connection(s) to allow the wheeling of up to
one (1) million gallon per day peak day demand and up to one half million gallon per
day average day demand through Auburn to Pacific.
7. Water available to the Pacific pursuant to this Agreement shall be in compliance
with all applicable state and federal drinking water laws, regulations and standards.
If Pacific requires additional or different treatment facilities in order for the wheeled
water to comply with their water quality goals or standards then Pacific will install
such treatment facilities on the Pacific side of the intertie meters at their expense. If
Auburn and Pacific determine that treatment is required to meet the mutual water
quality goals and standards then the treatment facilities will be installed as near the
point of connection to the Tacoma pipeline as practical. The treatment facility costs
will be shared based upon the capacity required by each city.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
Date
HOWARD ERICKSON, MAYOR
· Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
D~a~iel B. Hei~-.,ity A~orney ~
Exhibit A
Resolution No. 3644
Page 2 of 2
APPROVED AS TO FORM:
Albert A. Abuan, City Attomey
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY HIGHWAY) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF)
RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY)
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT-OF WAY LINE OF EAST VALLEY HIGHWAY (~A" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET, MORE
OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
Exhibit A, Attachment 1
Resolution No. 3644
1 of 2
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit A, Attachment 1
Resolution No. 3644
2 of 2
ATTACHMENT 3
WATER SERVICE AGREEMENT LINE - BOUNDARY AFTER ANNEXATION
(IN THE E 1/2 OF SEC. 36 TWP 21N, R 4E, AND W 1/2 OF SEC. 31 TWP 21N, R SE. W.M. )
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M., SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE
SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36,
AND ALONG SAID SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET, MORE OR LESS, TO THE EAST LINE
OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY (100 FEET IN
WIDTH) AND THE TRUE POINT OF BEGINNING OF THIS WATER SERVICE AGREEMENT LINE;
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A DISTANCE
OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN
MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY) FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT-OF WAY LINE OF EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET, MORE
OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE EAST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 36;
THENCE NORTH ALONG THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226, AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 36 A DISTANCE OF 258 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE
LANDS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING
NUMBER 8009050525, RECORDS OF SAID COUNTY;
THENCE EAST 50 FEET ALONG THE NORTH LINE OF SAID LANDS TO THE NORTHEAST CORNER
THEREOF;
THENCE NORTH 346.82 FEET TO A POINT 50 FEET EAST OF THE SOUTHWEST CORNER OF
TRACT "B" OF CITY OF AUBURN LOT LINE ADJUSTMENT LLA-5-87 RECORDED UNDER
RECORDING NUMBER 8704220781, RECORDS OF KING COUNTY;
THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT "B" TO THE SOUTHWEST CORNER OF
SAID TRACT "B" AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36;
THENCE NORTH ALONG THE WEST LINE OF SAID TRACT "B", THE LINE COMMON TO THE LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE
CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 54.22 FEET, MORE OR LESS, TO
SAID EAST RIGHT-OF-WAY LINE OF EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE SOUTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHEAST
CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 1171;
Exhibit A, Attachment 3
Resolution 3644
Page 1 of 2
THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID CITY OF AUBURN ORDINANCE NUMBER 1171;
THENCE NORTHERLY ALONG THE WEST LINE OF THE LANDS DESCRIBED IN SAID CITY OF
AUBURN ORDINANCE NUMBER 1171 TO THE NORTH LINE OF SAID SECTION 36 AND THE
TERMINUS OF THIS WATER SERVICE AGREEMENT LINE.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit A, Attachment 3
Resolution 3644
Page 2 of 2
EXHIBIT B
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
Pacific/Auburn Intertie Agreement No. 3
THIS AGREEMENT made and entered into by and between the City of Auburn,
hereinafter referred to as Auburn, and, the City of Pacific, hereinafter referred to as
Pacific, for the purposes of planning, designing, constructing, maintaining, and
operating an emergency system intertie between the respective parties,
WITNESSETH:
WHEREAS, both Cities have water facilities in the vicinity, and
WHEREAS, both Cities can increase fire protection and emergency water supply
reliability for their customers, and
WHEREAS, the Cities are willing to provide the necessary services to increase
fire fighting and emergency supply reliability upon the terms and conditions set forth
herein,
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
The Cities hereby concurrently terminate, with the execution of this
Agreement the Water Sales Agreement Between City of Auburn and City
of Pacific, dated November 4, 1991 and the Water Service Agreement
dated July 27, 1984.
The four-inch (4") water service connection on Ellingson Road near
Pacific's well field will continue to function as an emergency water supply
under the terms and conditions of this agreement and the supply of
emergency water through this facility will be one-way from Auburn to
Pacific.
The new emergency water system intertie will be designed to be operated
manually as a two way emergency supply between the Auburn and Pacific
Systems. The facility shall be located on East Valley Highway in the
vicinity of the Water Service Area Boundaries between the two cities.
Final location and configuration of the facilities shall be determined at the
time of final design.
The emergency water system interties shall be operated only in the event
of an emergency. For purposes of this agreement, an emergency shall be
defined as resulting from a water shortage, a major water line break, fire
demand, contamination to the water supply system, mechanical
Exhibit B
Resolution No. 3644
Page 1 of 5
o
equipment failure, electrical equipment failure or Puget Sound Energy
facility failure, or any other agreed upon emergency within the water
supply system.
Aubum will design and administer the contract for the construction of the
new metering station. The facility will be designed and constructed in
accordance with reasonably accepted water utility standards for similar
municipal water utilities. Construction of the metering station will occur in
the future at a mutually agreed upon time. Auburn will own and maintain
the piping, interior equipment, emergency meter and interior
appurtenances, and all piping up to the Pacific side of the vault for the
metering station.
Upon completion of construction, Auburn will transfer ownership of all
exterior appurtenances, and all piping that is located on the Pacific side of
the vault, to Pacific. Pacific will own and maintain the exterior
appurtenances and all piping on Pacific's side of the vault.
Each City will have unlimited access to the vault via a dual padlock or
ownership of keys to the vault.
Each City will operate the respective normally locked valve inside of the'
vault. Auburn will solely unlock and operate the locked valve on Auburn's
side of the meter and Pacific will solely unlock and operate the locked
valve on Pacific's side of the meter.
The procedure for operating the interties in the event of such emergency
shall be as follows:
Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the one or both interties be activated.
Upon agreement that an emergency exists, the authorized
representative of each City shall allow for one or both of the
interties to be opened. The intertie(s) will be activated as soon as
reasonably possible. Both Cities' personnel shall be present at the
vault(s) to open the valves to activate the facility.
The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request, or on the first day of normal business after the verbal
request.
Exhibit B
Resolution No. 3644
Page 2 of 5
'llll :: 'l .....
The intertie(s) shall remain activated until the City requesting
activation determines that the need for activation of the emergency
intertie(s) has ceased and shall request in writing to close the
intertie.
In case of emergency or whenever the public health, safety, or the
equitable distribution of water so demands, the City supplying the
water may change, reduce or limit the time for or temporarily
discontinue the supply of water without notice; water service may
be temporarily interrupted, limited for purposes of making repairs,
extensions or doing other necessary work; and the City supplying
the water shall not be responsible for any damage resulting from
interruption, change or failure of the water supply, and the City
receiving the water (City requesting activation) shall save and hold
harmless the City supplying the water from any loss, damages or
suites to or by customers of the City receiving the water resulting
from interruption, change or failure of water supply provided by this
Agreement, except damages arising out of the City supplying the
water's negligence. Prior to a planned interruption or limiting of
service, the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption. The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will, to the extent practical, limit the service disruption to
'daylight hours.
10.
Auburn shall read the meter(s) upon activation and upon deactivation of
the intertie(s). The City supplying the water shall verify the information
and shall then calculate and invoice the other City for the water used
during the request. The total water used during the event shall be used to
calculate the invoice. The rate for water consumed through the
emergency interties shall be at the Auburn Wholesale Rate to Algona in
effect at the time the water is used. This shall be complete payment for
the water, labor, and administration of activating the intertie(s).
11.
The total project costs for the construction of the new intertie shall include
costs for consulting design service, and construction. Auburn shall bear
the project costs in exchange for facilities transferred to Auburn as a part
of the Lakeland Hills area annexation/de-annexation. Each City is
responsible for associated staff, administration and legal costs associated
with this implementation of the agreement.
12.
To the extent allowed by law, the City of Pacific shall defend, indemnify,
and hold harmless the City of Auburn, its elected officials, employees and
agents from and against any and all suits, claims, actions, losses, costs,
Exhibit B
Resolution No. 3644
Page 3 of 5
................................. 1; ~II'iI['T .......
13.
14.
15.
16.
expenses of litigation, attorney's fees, penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Pacific, its employees, agents, and
contractors in the performance of the City of Pacific's obligations under the
Agreement and this Amendment. This indemnification provision shall
include, but is not limited to, all claims against the City of Auburn by an
employee or former employee of the City of Pacific or its contractors and,
as to such claims; the City of Pacific expressly waives all immunity and
limitation of liability under Title 51 P, CW.
To the extent allowed by law, the City of Auburn shall defend, indemnify
and hold harmless the City of Pacific, its elected officials, employees and
agents from and against any and all suits, claims, actions, losses, costs,
expenses of litigation, attorney's fees, penalties, and damages or
whatsoever kind or nature arising our of, in connection with or incident to
an act or omission of the City of Auburn, its employees, agents, and
contractors in the performance of the City of Auburn's obligations under
this Agreement. This indemnification obligation shall include, but is not
limited to, all claims against the City of Pacific by an employee or former
employee of the City of Auburn or its contractors and, as to such claims,
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW.
This Agreement shall remain in force until terminated by either party hereto
upon 60-days written notice to the other party. Any project costs, incurred
up to the date of such notice, as described herein, shall be shared in
accordance with the provisions of this Agreement.
Water available to the Pacific pursuant to this Agreement shall be in
compliance with all applicable state and federal drinking water laws,
regulations and standards.
If Pacific requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Pacific will install such treatment facilities on the
Pacific side of the intertie meters at their expense.
If Auburn requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Auburn will install such treatment facilities on the
Aubum side of the intertie meters at their expense.
Exhibit B
Resolution No. 3644
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
Date
HOWARD ERICKSON, MAYOR
Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
Daniel B. H~ttor ey
APPROVED ASTO FORM:
Albert A. Abuan, City Attorney
Exhibit B
Resolution No. 3644
Page 5 of 5
EXHIBIT "C"
CITY OF AUBURN, WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF PACIFIC
WHEREAS, the City of Auburn (Auburn) and the City of Pacific (Pacific) have
agreed to the annexation/de-annexation a portion of property described in Attachment
"1" relating to among other things East Valley Highway (EVH) from the north end of the
White River bridge to the King-Pierce County line in which, Auburn recognizes and
agrees to Pacific's right to access a portion of EVH near the King/Pierce County line for
ingress, egress and utilities; and
WHEREAS, Auburn and Pacific have entered into a Water Service Area
Agreement, which revised the boundary between their respective water service areas;
and
WHEREAS, the City of Auburn and Pacific have entered into an Emergency
Water System Intertie Agreement; and
WHEREAS, according to said Emergency Water System Intertie Agreement,
Auburn guaranteed Pacific the right to wheel water through Auburn's water system for
an associated wheeling charge; and
WHEREAS, in order to maintain control over the use of Auburn right-of-ways by
Pacific within Auburn, it is appropriate to enter into franchise agreements with Pacific;
and
WHEREAS, Pacific has negotiated this franchise agreement with Auburn
acceptable to both parties; and
WHEREAS, Auburn has determined that it is in the best interests of the public to
grant Pacific a franchise on the terms and conditions set forth in this Agreement.
NOW, THEREFORE THE CITY OF AUBURN AND THE CITY OF PACIFIC
AGREE AS FOLLOWS:
SECTION 1 DEFINITION
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the City of Pacific, a Washington municipal
corporation, and its respective successors and assigns.
1.2 "City" means the City of Auburn, a Washington municipal corporation.
Exhibit C
Resolution No. 3644
Page 1 of 11
1.3 "Franchise Area" means that portion of East Valley Highway where
Pacific will own, operate and maintain utilities as described with Attachment 2" attached
hereto, which is by this reference incorporated, as if fully set forth herein; provided, that
the Franchise Area shall not include or convey any right to Franchisee to install facilities
on or to otherwise use City owned or leased properties outside the Franchise Area.
1.4 "Facilities" means the Franchisee's utility system, lines, mains,
appurtenances, and all other necessary or convenient facilities for the purpose of
providing water Service.
1.5 "Agreement" means this Agreement setting forth the terms and
conditions of the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement, the City grants to the
Franchisee the right to construct.and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing, installing, operating,
maintaining, removing, and replacing mains and pipes and making connections
between the same to the dwellings and other buildings of the consumers. In exercising
the foregoing rights, the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Auburn, and the
Franchisee, at no expense to the City, shall complete all work and shall replace and
restore the City roads to the condition of the City roads existing immediately prior to
such disturbance; PROVIDED, HOWEVER, that no such work shall be done prior to the
obtaining of a permit therefor issued by the City's Public Works Director (hereinafter
"Director"), which permit shall set forth conditions pertaining to the work to be done and
specifications for the restoration of the roads to the same condition as they were pdor to
such work. If the Franchisee does not repair the City roads to the satisfaction of the
Director, the City may, at its sole discretion, repair such City roads, or cause them to be
repaired, and the Franchisee hereby agrees to reimburse the City for the cost of such
work, including overhead costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Agreement forward, for a period not to exceed twenty-five (25) years from the effective
date of this Agreement provided, that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a
written acceptance of this Franchise with the City pursuant to Section 4 of this
Agreement.
SECTION 4 ACCEPTANCES BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within forty-five (45) days from the date of this Agreement, by the
Franchisee. Full acceptance of this Franchise is a condition precedent to its taking
effect, and unless this Franchise is accepted within the time specified, this grant will be
null and void and have no force or effect.
Exhibit C
Resolution No. 3644
Page 2 of 11
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for
other public or private utilities in, over, along, across, and under any City property,
including the Franchise Area. This Franchise does not prevent or prohibit the City from
constructing, altering, maintaining or using any of the Franchise Area. The City retains
full power to make all changes, relocations; repair, maintenance or other work to or in
the Franchise Area as the City deems fit.
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rights-of-way in which the City has an actual interest. It is not a warranty of title or
of interest in City road rights-of-way. None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rights-of-way or the City's power to
perform work upon its roadways, rights-of-way or appurtenant drainage facilities
including by constructing, altering, renewing, paving, widening, grading, blasting or
excavating.
SECTION 7 REGULATIONS OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rights-of-way covered by this Franchise. The City reserves the right and power at all
times to exercise its police powers with respect to the time, manner and location of the
placement of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain. In the event of an exercise of eminent domain by
the City, the value to be attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City
will not be held liable for any damages or loss to the Franchisee by reason of such
vacation. The City may, after giving thirty (30) days written notice to the Franchisee
terminate this Franchise with respect to any City road or rights-of-way vacated.
SECTION 10 ENFORCEMENT
The City's failure to enforce any provision of this Franchise does not constitute a waiver
of its right to enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITIES AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability
for all claims, actions, injuries, demands, liabilities, losses, costs, damages and
Exhibit C
Resolution No. 3644
Page 3 of 11
judgments, including costs of defense thereof, (collectively referred to as "damages")
for injury to persons, death or property damage caused by, arising out of, or incidental
to the Franchisee's exercise of the rights and privileges granted by this Franchise,
except for damages caused by or arising out of the City's sole negligence. In the event
that any such claim or demand for damages is presented to'or filed with the City, or if
any suit or action is initiated against the City based on such claims or demands for
damages, the City shall promptly notify the Franchisee of the claim, demand, suit or
action and the Franchisee shall have the right, at its election and its sole cost and
expense, to settle and compromise such claim, demand, suit or action, or defend the
same at the Franchisee's sole cost and expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum
extent permitted under that statute, and specifically for the Franchisee's negligence
concurrent with that of the City to the full extent of the Franchisee's negligence.
SECTION 12 INSURANCE
12.1 The Franchisee shall keep a policy of insurance in force with a
minimum limit of five million dollars ($5,000,000.00). Verification of insurance coverage
is a condition precedent to the effectiveness of this Agreement.
12.2 The insurance shall be maintained in full force and effect at the
Franchisee's sole expense throughout the term of the Franchise, and, should such
insurance be terminated, this Agreement shall terminate as of the date of the
termination of insurance coverage.
12.3 The coverage provided by the Franchisee's insurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City. Any insurance maintained by the City
that might relate to this Franchise shall be in excess to the Franchisee's insurance and
shall not contribute with or to it. The City has no obligation to report occurrences to the
insurance companies unless a claim is filed with the City's City Council; and the City
has no obligations to pay the Franchisee's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal, state, county
and city statutes, rules, regulations, Ordinances, orders and codes. The Franchisee's
attention is directed to the requirements of the Washington Industrial Safety and Health
Act, Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work within the Franchise
Area, including the safety of all persons and property during performance of any works
therein. The services of the City or City's consultant personnel in conducting
construction review of the Franchisee's work relating to the Franchise is not intended to
include review of the adequacy of the Franchisee's work methods, equipment,
scaffolding, or trenching, or safety measures in, on or near such Franchise Area or job
site. The 'Franchisee shall provide safe access for the City and its inspectors to
adequately inspect the work and its conformance with applicable statutes, Ordinances,
rules, regulations, and the Franchise.
Exhibit C
Resolution No. 3644
Page 4 of 11
SECTION 13 INSTALLATIONS, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all
existing Facilities that it owns within the Franchise Area, including any damage caused
directly or indirectly by its Facilities, all appurtenant Facilities and service lines
connecting its system to users, if the City requires such repair for any reasonable
purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or
relocate existing Facilities within the Franchise Area, including all appurtenant Facilities
and service lines connecting its system to users, if the City determines such
adjustment, removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City. The City shall give the Franchisee written notice of
such requirement as soon as practicable. The written notice shall include all available
information, such as plans and specifications, as is reasonably necessary for the
Franchisee to plan for such adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and
repaired within the Franchise Area so as to provide safety of persons and property, and
not interfere with the free passage of traffic, all in accordance with the laws of the State
of Washington, and the Ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program,
in addition to any other notice given to the Franchisee, the City shall provide a copy of
the capital improvement plan and six (6) year transportation improvement plan when
requested. Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it, both existing and as proposed by the City, and the
proposed construction schedule. The initial design information shall be given at least
one hundred and eighty (180) days before construction is scheduled to begin, except in
cases of urgent construction or emergencies. The Franchisee shall respond to this
notice, and to any later notices of revised designs, within twenty (20) days of the date of
the notice, by providing to the City the Franchisee's best available information as to the
location of all the Franchisee's Facilities, including all appurtenant Facilities and service
lines connecting its system to users and all Facilities that it has abandoned, within the
area proposed for the project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments, removals or relocations of the
Franchisee's Facilities. The City shall have sole authority to choose the contractor to
perform such work. Such bid documents shall provide for an appropriate cost allocation
between the parties. In addition to the Franchisee's allocation of contractor costs, the
Franchisee shall reimburse the City for all costs, to include but not be limited to legal,
engineering, inspections, administration and/or soils testing, related to the Franchisee's
work and reasonably incurred by the City in the administration of such joint construction
contracts. Such costs shall include the direct salary cost of the time of City professional
and technical personnel, including the City's consultants, spent productively engaged in
such work, plus overhead costs at the standard rate charged by the City on other
similar projects.
Exhibit C
Resolution No. 3644
Page 5 of 11
13.6
It is understood that emergency situations may arise that could
threaten public health and/or continued operation of the
Franchisee's utility system and the Franchisee may be unable
to notify the City in the manner prescribed in Section 14 of this
Franchise. In such a situation the Franchisee shall immediately
correct the hazardous situation and continue to use best efforts
to contact the City staff. The Emergency Phone Number for the
City of Auburn is (253) 931-3010, and the City of Pacific is (253)
929-1110. Dialing 911 is advised for emergency situations.
SECTION 14 REQUIREMENTS OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City
road rights-of-way for the purpose of constructing, installing, operating, maintaining,
replacing or repairing its Facilities on the condition that it obtains construction,
excavation, and right-of-way use permits issued by the City. Any work performed,
whether by Franchisee, its contractors, or third parties, shall include necessary paving,
patching, grading and any other reasonably necessary repair or restoration to the City
rights-of-way. All work shall be done to the City's satisfaction.
14.2 All equipment, pipelines and appurtenances which are used in the
construction, installation, operation, maintenance or repair of the Franchisee's Facilities
and which are located within the City road rights-of-way and owned by the Franchisee
shall be considered to be part of the Franchisee's system and shall be the responsibility
of the Franchisee. All permits for the construction, installation, operation, maintenance
or repair of the Franchisee's system shall be applied for and given in the name of the
Franchisee, who will be responsible for all work done under the permit. The Franchisee
remains responsible whether the work is performed by the Franchisee, its contractors,
or by third parties.
14.3 When required by the Public Works Director, the Franchisee shall post
a bond to the City in the amount sufficient for any road repair or restoration. The
amount of the bond shall be set by the City and must be filed with the City before a
permit will be issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall
conform to all City Ordinances and requirements including, but not limited to, Auburn
City Code and the City's Design and Construction Standards in force when the work is
performed. All traffic control shall conform, to the current edition of the Uniform Traffic
Control Devices in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to turn off
or diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow
conditions have been affected. Except in the case of an emergency, the notice shall be
provided at least 48 hours prior to the water pressure being turned off or diminished.
Exhibit C
Resolution No. 3644
Page 6 of 11
If more than one fire hydrant will be affected, the Franchisee shall provide a map of the
affected area to the Fire Department. Out-of-service fire hydrants must be identified as
not operational by covering with a propedy secured burlap or plastic bag. Fire hydrants
should be returned to full service as soon as reasonably possible or no longer than two
working days from the date service was diminished. The Franchisee shall notify the
City's Fire Department when the hydrant is returned to full service.
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in the condition of the City
roads rights-of-way existing immediately prior to such disturbance. If the Franchisee, its
contractors, or third parties working under permit should fail to diligently restore City
road rights-of-way to the satisfaction of the City, the City may make such repairs or
restorations as are necessary to return the City road rights-of-way to a condition
reasonably comparable to the condition of the City roads rights-of-way existing
immediately prior to such disturbance. Upon presentation of an itemized bill for repairs
or restorations, including all applicable costs, both direct and indirect, to include but not
be limited to the cost of labor, tools, materials and equipment, the Franchisee shall pay
the bill within sixty-five (65) days.
SECTION 17 GUARANTEES
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two (2) years from the date the City
accepts the work and/or restoration.
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement, the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchisee's current
Facilities, including but not limited to copies of all record drawings for such Facilities. If
the Franchisee performs any work to install, repair, reconstruct, or replace Facilities in
the Franchise Area after this Agreement's effective date, the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities, including but not limited to copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the
City plans to make excavations in the Franchise Area, the party planning such
excavation shall provide written notice to the other of the planned excavation, affording
the other party the opportunity to share in the excavation; provided, that (1) such joint
use shall not unreasonably delay the work of the party causing the excavation to be
made, (2) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties, and (3) either party may deny such request for safety
reasons.
Exhibit C
Resolution No. 3644
Page 7 of 11
SECTION 20 REIMBURSEMENTS OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City, which are directly or indirectly related to the receipt,
review and approval of this Franchise. In the event of non-payment thereafter, the
Franchisee shall pay the City's reasonable attorneys' fees and other costs incurred in
collecting such amount. Payment must be made within sixty-five (65) days of the
Franchisee's receipt of the City's bill/invoice. If payment is not paid in full within the
sixty-five (65) days, this Franchise shall become null and void.
SECTION 21 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does
not preclude the City, its agents or contractors from blasting, grading, or doing other
road work contiguous to the Franchisee's Facilities. When practical, the City shall give
the Franchisee forty-eight (48) hours notice of blasting or excavating.
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two
or more reference marks to all monuments and markers of every nature relating to
subdivisions, plats, rights-of-way, and all other surveys. The reference points shall be
located so that they will not be disturbed during any of Franchisee's operations under
this Franchise. The method of referencing monuments or other markers or points shall
be approved by the City before placement. The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit. The cost of monuments or markers lost, destroyed, or
disturbed and the expense or replacement with approved markers or monuments shall
be borne by the Franchisee.
SECTION 23 RESERVATIONS OF RIGHTS
The City reserves the right, upon thirty (30) days written notice to the Franchisee,' to
amend or modify the provisions or conditions of this Franchise to conform to any state,
county, federal, or city statute, ordinance, rule or regulation. The City may terminate
this Franchise upon thirty (30) days written notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification.
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City. No assignment shall be effective unless an acceptance by the
assignee of all rights, conditions, terms, provisions and responsibilities contained within
the Franchise, as well as surety bonds which the City deems necessary to be posted,
are received as allowed by law. The City's approval of the assignment may be made
subject to the assignee's acceptance of new or modified terms of the Franchise.
Exhibit C
Resolution No. 3644
Page 8 of 11
SECTION 25 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under
this Franchise, the City may provide the Franchisee with written notice of the City's
intent to revoke the Franchise if the Franchisee's failure is not cured within thirty (30)
days of the date of the notice. During the thirty (30) days following the date of the
notice, the Franchisee shall have the opportunity to remedy the failure to comply. A
public hearing shall be scheduled before the Auburn City Council at least thirty (30)
days following the notification on the issue of the revocation. If at the hearing, the City
Council finds that grounds exist to revoke the Franchise under this paragraph and that
the revocation is in the public interest, the City Council may by ordinance revoke the
Franchise. The revocation shall be effective ninety (90) days after the public hearing.
SECTION 26 EXPIRATION AND RENEWAL
26.1 If the Franchisee requests a renewal of this Franchise prior to its
expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal. If the City elects to extend the term of this Franchise, written notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date.
26.2 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date, the City has the right, upon thirty (30) day's prior notice to the
Franchisee, to remove or relocate any of the Franchisee's Facilities as is reasonably
necessary for the public's health, welfare or safety, or for the construction, alteration, or
improvement of the Franchise Area, or for the construction or installation of lines or
facilities of other franchise holders. The Franchisee shall be liable for costs incurred in
any removal or relocation of the Franchisee's Facilities under this section.
26.3 Upon the expiration of this Franchise, the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchisee's existing facilities
in the Franchise Area, but shall not have the right to provide additional services. This
Section and Sections 11, 13, 14, 15, 16, 19, and 22 of this Franchise shall continue in
force until such time as the Franchisee's Facilities are abandoned to the City in
accordance with the terms and conditions of the Annexation Resolution.
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and
regulations including, but not limited to, the State Environmental Policy Act and the
City's Environmental Standards and Ordinances.
SECTION 28 NON-DISCRIMINATION CLAUSES
In all hiring or employment made possible or resulting from this Franchise, there shall
be no discrimination against any employee or applicant for employment because of sex,
sexual orientation, age, race, color, national origin, marital status or the presence of any
sensory, mental, or physical handicap, unless based upon a bona fide occupation
qualification. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
Exhibit C
Resolution No. 3644
Page 9 of 11
on the grounds of sex, sexual orientation, race, color, national origin, age, except
minimum age and retirement provisions, marital status, or the presence of any sensory,
mental or physical handicap.
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified:
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
City of Pacific:
Community Development Director
100 3rd Avenue S.E.
Pacific, WA 98047
253-929-1110
SECTION 30 ATTORNEYS' FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise, the prevailing party shall be entitled to all costs,
including reasonable attorneys' fees incurred, relating to such litigation, including those
incurred in any appeal.
SECTION 31 SEVERANCES
If any term, provision, condition or portion of this Franchise is held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Franchise which
shall continue in full force and effect, unless the dominant purpose of the Franchise
would be prevented or the public interest would no longer be served, as determined by
the City.
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage
and submitted to the city attorney, and being approved by at least a majority of the
entire city council at a regular city council meeting, shall take effect and be in force five
days after its passage, approval and publication as required by law.
SECTION 33 EXISTING UTILITIES
This Franchise shall govern City of Pacific, new utility Facilities within the City of
Auburn.
Exhibit C
Resolution No. 3644
Page 10 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
HOWARD ERICKSON, MAYOR
Date Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
~B. H e id ,"~.'it"~Atto rn'J~
APPROVED AS TO FORM:
Albert A. Abuan, City Attorney
Exhibit C
Resolution No. 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY HIGHWAY) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31; ·
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF)
RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY)
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT-OF WAY LINE OF EAST VALLEY HIGHWAY (UA" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET, MORE
OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
Exhibit C, Attachment 1
Resolution No. 3644
1 of 2
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit C, Attachment 1
Resolution No. 3644
2 of 2
Attachment 2
CITY OF PACIFIC - DESCRIPTION CROSSING EAST VALLEY HIGHWAY
BEGINNING AT INTERSECTION OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY
STREET SOUTHEAST) AND THE NORTH LINE OF TOWNSHIP 20 NORTH, RANGE 5 EAST,
W.M.;
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 50 FEET;
THENCE WEST TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF)
RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTHERLY ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 150 FEET;
THENCE EAST TO SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY;
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 100 FEET TO THE POINT OF BEGINNING.
SITUATE IN KING AND PIERCE COUNTIES, WASHINGTON.
Exhibit C, Attachment 2
Resolution No 3644
Page 1 of 1
EXHIBIT D
CITY OF PACIFIC, WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF AUBURN
WHEREAS, the City of Auburn (Auburn) and the City of Pacific (Pacific) have agreed to
the annexation/de-annexation a portion of property described in Attachment "1" relating
to among other things East Valley Highway (EVH) from the north end of the White River
bridge to the King-Pierce County line in which, Auburn recognizes and agrees to
Pacific's right to access a portion of EVH near the King/Pierce County line for ingress,
egress and utilities; and
WHEREAS, Auburn and Pacific have entered into a Water Service Area Agreement,
which revised the boundary between their respective water service areas; and
WHEREAS, the City of Auburn and Pacific have entered into an Emergency Water
System Intertie Agreement; and
WHEREAS, in order to maintain control over the use of City of Pacific right-of-way by
utilities operating within the City of Pacific, it is appropriate to enter into franchise
agreements with such utilities; and
WHEREAS, City of Auburn is such a utility, and has negotiated this franchise
agreement with the City of Pacific acceptable to both parties; and
WHEREAS, the City of Pacific has determined that it is in the best interests of the
public to grant the City of Auburn a franchise on the terms and conditions set forth in
this Agreement; now, therefore
THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1 DEFINITIONS
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the City of Auburn, a Washington municipal
corporation, and its respective successors and assigns.
1.2 "City" means the City of Pacific, a Washington municipal corporation.
1.3 "Franchise Area" means the Right of Way of A Street SE as described
in Attachment "2" attached hereto, which is by this reference incorporated, as if fully set
forth herein; provided, that the Franchise Area shall not include or convey any right to
Franchisee to install facilities on or to otherwise use City owned or leased properties
outside the Franchise Area.
Exhibit D
Resolution No 3644
Page 1 of 11
1.4 "Facilities" means the Franchisee's water system, lines, mains,
appurtenances, and all other necessary or convenient facilities for the purpose of
providing water service.
1.5 "Agreement" means this Agreement setting forth the terms and
conditions of the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement, the City grants to the
Franchisee the right for the construction and installation of water pipeline,
appurtenances and the excavation of trenches on City roads for the purposes of
constructing, installing, operating, maintaining, removing, and replacing mains and
pipes and making connections between the same to the dwellings and other buildings
of the consumers, the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Pacific, and the
Franchisee, at no expense to the City, shall complete all such work and shall replace
and restore the City roads to a condition reasonably comparable to the condition of the
City roads existing immediately prior to such disturbance; PROVIDED, HOWEVER, that
no such work shall be done prior to the obtaining of a permit therefor issued by the
City's Community Development Director (hereinafter "Director"), which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration
of the roads to the same condition as they were prior to such work. If the Franchisee
does not repair the City roads to the satisfaction of the Director, the City may, at its sole
discretion, repair such City roads, or cause them to be repaired, and the Franchisee
hereby agrees to reimburse the City for the cost of such work, including overhead costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect for a pedod of twenty-five (25)
years from the effective date of this Agreement; provided, that this Franchise shall not
take effect and the Franchisee shall have no dghts under this Franchise unless the
Franchisee files a written acceptance of this Franchise with the City pursuant to Section
4 of this Agreement.
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within forty-five (45) days from the date of this Agreement, by the
Franchisee. Full acceptance of this Franchise is a condition precedent to its taking
effect, and unless this Franchise is accepted within the time specified, this grant will be
null and void and have no force or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for
other public or private utilities in, over, along, across, and under any City property,
Exhibit D
Resolution No 3644
Page 2 of 11
including the Franchise Area. This Franchise does not prevent or prohibit the City from
constructing, altering, maintaining or using any of the Franchise Area. The City retains
full power to make all changes, relocations, repair, maintenance or other work to or in
the Franchise Area as the City deems fit.
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rights-of-way in which the City has an actual interest. It is not a warranty of title or
of interest in City road rights-of-way. None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rights-of-way or the City's power to
perform work upon its roadways, rights-of-way or appurtenant drainage facilities
including by constructing, altering, renewing, paving, widening, grading, blasting or
excavating.
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not depdve the City of any powers, rights, or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rights-of-way covered by this Franchise. The City reserves the right and power at all
times to exercise its police powers with respect to the time, manner and location of the
placement of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited dghts and interests granted by this Franchise are subject
to the exercise of eminent domain. In the event of an exercise of eminent domain by
the City, the value to be attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City
will not be held liable for any damages or loss to the Franchisee by reason of such
vacation. The City may, after giving thirty (30) days written notice to the Franchisee
terminate this Franchise with respect to any City road or rights-of-way vacated.
SECTION
The City's
of its right
10 ENFORCEMENT
failure to enforce any provision of this Franchise does not constitute a waiver
to enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITIES AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability
for all claims, actions, injuries, demands, liabilities, losses, costs, damages and
judgments, including costs of defense thereof, (collectively referred to as "damages")
for injury to persons, death or property damage caused by, arising out of, or incidental
Exhibit D
Resolution No 3644
Page 3 of 11
to the Franchisee's exercise of the rights and privileges granted by this Franchise,
except for damages caused by or arising out of the City's sole negligence. In the event
that any such claim or demand for damages is presented to or filed with the City, or if
any suit or action is initiated against the City based on such claims or demands for
damages, the City shall promptly notify the Franchisee of the claim, demand, suit or
action and the Franchisee shall have the right, at its election and its sole cost and
expense, to settle and compromise such claim, demand, suit or action, or defend the
same at the Franchisee's sole cost and expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum
extent permitted under that statute, and specifically for the Franchisee's negligence
concurrent with that of the City to the full extent of the Franchisee's negligence.
SECTION 12 INSURANCE
12.1 The Franchisee being a municipality in the State of Washington shall
be self-insured through the Washington Cities Insurance Association (WClA). If
required by Pacific, Auburn shall request the WClA to provide Pacific with a letter sent
from the WCIA evidencing such an insurance policy to be in force.
12.2 The insurance shall be maintained in full force and effect at the
Franchisee's sole expense throughout the term of the Franchise. The City shall be
given at least forty-five (45) days written notice that the Franchisee is no longer a
member of the WClA. Such notice to the City shall be by certified mail, sent to City of
Pacific; Public Works Dept.; 100 3rd SE; Pacific, Washington 98047
12.3 The coverage provided by Auburn's insurance policies shall be pdmary
to any insurance maintained by Pacific except as to losses or damages attributable to
the sole negligence of Pacific. Any insurance maintained by Pacific that might relate to
this Franchise shall be in excess to Auburn's insurance and shall not contribute with or
to it. Pacific has no obligation to report occurrences to the insurance companies unless
a claim is filed with Pacific's City Council; and Pacific has no obligations to pay
Auburn's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal, state, county
and city statutes, rules, regulations, ordinances, orders and codes. The Franchisee's
attention is directed to the requirements of the Washington Industrial Safety and Health
Act, Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work within the Franchise
Area, including the safety of all persons and property dudng performance of any works
therein. The services of the City or City's consultant personnel in conducting
construction review of the Franchisee's work relating to the Franchise is not intended to
include review of the adequacy of the Franchisee's work methods, equipment,
scaffolding, or trenching, or safety measures in, on or near such Franchise Area or job
site. The Franchisee shall provide safe access for the City and its inspectors to
Exhibit D
Resolution No 3644
Page 4 of 11
adequately inspect the work and its conformance with applicable statutes, ordinances,
rules, regulations, and the Franchise.
SECTION '13 INSTALLATION, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all
existing Facilities that it owns within the Franchise Area, including any damage caused
directly or indirectly by its Facilities, all appurtenant Facilities and service lines
connecting its system to users, if the City requires such repair for any reasonable
purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or
relocate existing Facilities within the Franchise Area, including all appurtenant Facilities
and service lines connecting its system to users, if the City determines such
adjustment, removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City. The City shall give the Franchisee wdtten notice of
such requirement as soon as practicable. The written notice shall include all available
information, such as plans and specifications, as is reasonably necessary for the
Franchisee to plan for such adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and
repaired within the Franchise Area so as to provide safety of persons and property, and
not interfere with the free passage of traffic, all in accordance with the laws of the State
of Washington, and the ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program,
in addition to any other notice given to the Franchisee, the City shall provide a vertical
and horizontal profile of the roadway and drainage facilities within it, both existing and
as proposed by the City, and the proposed construction schedule. The initial design
information shall be given at least thirty (30) days before construction is scheduled to
begin, except in cases of urgent construction or emergencies. The Franchisee shall
respond to this notice, and to any later notices of revised designs, within twenty (20)
days of the date of the notice, by providing to the City the Franchisee's best available
information as to the location of all the Franchisee's Facilities, including all appurtenant
Facilities and service lines connecting its system to users and all Facilities that it has
abandoned, within the area proposed for the project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments, removals or relocations of the
Franchisee's Facilities. The City shall have sole authority to choose the contractor to
perform such work. Such bid documents shall provide for an appropriate cost allocation
between the parties. In addition to the Franchisee's allocation of contractor costs, the
Franchisee shall reimburse the City for all costs, to include but not be limited to legal,
engineering, inspections, administration and/or soils testing, related to the Franchisee's
work and reasonably incurred by the City in the administration of such joint construction
contracts. Such costs shall include the direct salary cost of the time of City professional
Exhibit D
Resolution No 3644
Page 5 of 11
and technical personnel, including the City's consultants, spent productively engaged in
such work, plus overhead costs at the standard rate charged by the City on other
similar projects.
13.6 It is understood that emergency situations may arise that could
threaten public health and/or continued operation of the Franchisee's utility system and
the Franchisee may be unable to notify the City in the manner prescribed in Section 14
of this Franchise. In such a situation the Franchisee shall immediately correct the
hazardous situation and continue to use best efforts to contact the City staff. The
Emergency Phone Number for the City of Pacific is 253-929-1110, and the City of
Auburn is 253-931-3048. Dialing 911 is advised for emergency situations.
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City
road rights-of-way for the purpose of constructing, installing, operating, maintaining,
replacing or repairing its Facilities on the condition that it obtains construction,
excavation, and right-of-way use permits issued by the City. Any work performed,
whether by Franchisee, its contractors, or third parties, shall include necessary paving,
patching, grading and any other reasonably necessary repair or restoration to the City
rights-of-way. All work shall be done to the City's satisfaction.
14.2 All equipment, lines and appurtenances which are used in the
construction, installation, operation, maintenance or repair of the Franchisee's Facilities
and which are located within the City road rights-of-way and owned by the Franchisee
shall be considered to be part of the Franchisee's system and shall be the responsibility
of the Franchisee. All permits for the construction, installation, operation, maintenance
or repair of the Franchisee's system shall be applied for and given in the name of the
Franchisee, who will be responsible for all work done under the permit. The Franchisee
remains responsible Whether the work is performed by the Franchisee, its contractors,
or by third parties.
14.3 When required by the Director, the Franchisee shall post a bond to the
City in the amount sufficient for any road repair or restoration. The amount of the bond
shall be set by the City and must be filed with the City before a permit will be issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including, but not limited to, Chapter
13.12 PMC and the City's Road Standards in force when the work is performed. All
traffic control shall conform to the current edition of the Uniform Traffic Control Devices
in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to turn off
or diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow
conditions have been affected. Except in the case of an emergency, the notice shall be
Exhibit D
Resolution No 3644
Page 6 of 11
provided at least 48 hours pdor to the water pressure being turned off or diminished.
more than one fire hydrant will be affected, the Franchisee shall provide a map of the
affected area to the Fire Department. Out-of-service fire hydrants must be marked to
indicate that it is not operational.
If
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City read rights-of-way, the Franchisee is
responsible for and shall leave all City read rights-of-way in a condition reasonably
comparable to the condition of the City roads rights-of-way existing immediately prior to
such disturbance. If the Franchisee, its contractors, or third parties working under
permit should fail to diligently restore City read rights-of-way to the satisfaction of the
City, the City may make such repairs or restorations as are necessary to return the City
read rights-of-way to a condition reasonably comparable to the condition of the City
roads rights-of-way existing immediately prior to such disturbance. Upon presentation
of an itemized bill for repairs or restorations, including all applicable costs, both direct
and indirect, to include but not be limited to the cost of labor, tools, materials and
equipment, the Franchisee shall pay the bill within sixty-five (65) days.
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two (2) years from the date the City
approves the work and/or restoration.
SECTION '18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement, the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchisee's current
Facilities, including but not limited to copies of all record drawings for such Facilities. If
the Franchisee performs any work to install, repair, reconstruct, or replace Facilities in
the Franchise Area after this Agreement's effective date, the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities, including but not limited to copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the
City plans to make excavations in the Franchise Area, the party planning such
excavation shall provide written notice to the other of the planned excavation, affording
the other party the opportunity to share in the excavation; provided, that (1) such joint
use shall not unreasonably delay the work of the party causing the excavation to be
made, (2) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties, and (3) either party may deny such request for safety
reasons.
Exhibit D
Resolution No 3644
Page 7 of 11
SECTION 20 REIMBURSEMENT OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt,
review and approval of this Franchise. In the event of non-payment thereafter, the
Franchisee shall pay the City's reasonable attorneys' fees and other costs incurred in
collecting such amount. Payment must be made within sixty-five (65) days of the
Franchisee's receipt of the City's bill/invoice. If payment is not paid in full within the
sixty-five (65) days, this Franchise shall become null and void.
SECTION 21 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does
not preclude the City, its agents or contractors from blasting, grading, or doing other
road work contiguous to the Franchisee's Facilities. When practical, the City shall give
the Franchisee forty-eight (48) hours notice of blasting or excavating.
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two
or more reference marks to all monuments and markers of every nature relating to
subdivisions, plats, rights-of-way, and all other surveys. The reference points shall be
located so that they will not be disturbed during any of Franchisee's operations under
this Franchise. The method of referencing monuments or other markers or points shall
be approved by the City before placement. The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit. The cost of monuments or markers lost, destroyed, or
disturbed and the expense or replacement with approved markers or monuments shall
be bome by the Franchisee.
SECTION 23 RESERVATION OF RIGHTS
The City reserves the right, upon thirty (30) days written notice to the Franchisee, to
amend or modify the provisions or conditions of this Franchise to conform to any state,
county, federal, or city statute, ordinance, rule or regulation. The City may terminate
this Franchise upon thirty (30) days wdtten notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification.
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City. No assignment shall be effective unless an acceptance by the
assignee of all rights, conditions, terms, provisions and responsibilities contained within
the Franchise, as well as surety bonds which the City deems necessary to be posted,
are received. The City's approval of the assignment may be made subject to the
assignee's acceptance of new or modified terms of the Franchise.
Exhibit D
Resolution No 3644
Page 8 of 11
SECTION 25 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any matedal term, condition or responsibility under
this Franchise, the City may provide the Franchisee with written notice of the City's
intent to revoke the Franchise if the Franchisee's failure is not cured within thirty (30)
days of the date of the notice. During the thirty (30) days following the date of the
notice, the Franchisee shall have the opportunity to remedy the failure to comply. A
public hearing shall be scheduled before the Pacific City Council at least thirty (30) days
following the notification on the issue of the revocation. If at the hearing, the City
Council finds that grounds exist to revoke the Franchise under this paragraph and that
the revocation is in the public interest, the City Council may by Agreement revoke the
Franchise. The revocation shall be effective ninety (90) days after the public hearing.
SECTION 26 EXPIRATION AND RENEWAL
26.1 If the Franchisee requests a renewal of this Franchise pdor to its
expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal. If the City elects to extend the term of this Franchise, wdtten notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date.
26.2 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date, the City has the dght, upon thirty (30) day's prior notice to the
Franchisee, to remove or relocate any of the Franchisee's Facilities as is reasonably
necessary for the public's health, welfare or safety, or for the construction, alteration, or
improvement of the Franchise Area, or for the construction or installation of lines or
facilities of other franchise holders. The Franchisee shall be liable for costs incurred in
any removal or relocation of the Franchisee's Facilities under this section.
26.3 Upon the expiration of this Franchise, the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchisee's existing facilities
in the Franchise Area, but shall not have the right to provide additional services. This
Section and Sections 11, 13, 14, 15, 16, 19, and 22 of this Franchise shall continue in
force until such time as the Franchisee's Facilities are removed from the Franchise
Area or abandoned in place with approval of the City.
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and
regulations including, but not limited to, the State Environmental Policy Act and the
City's Environmental Standards and Ordinances.
SECTION 28 NON-DISCRIMINATION CLAUSES
In all hiring or employment made possible or resulting from this Franchise, there shall
be no discrimination against any employee or applicant for employment because of sex,
sexual orientation, age, race, color, national origin, marital status or the presence of any
Exhibit D
Resolution No 3644
Page 9 of 11
sensory, mental, or physical handicap, unless based upon a bona fide occupation
qualification. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
on the grounds of sex, sexual orientation, race, color, national origin, age, except
minimum age and retirement provisions, marital status, or the presence of any sensory,
mental or physical handicap.
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified:
City of Pacific:
City Community Development Director
100 - 3rd Avenue S.E.
Pacific, Washington 98047
253-929-1110
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
SECTION 30 ATTORNEYS' FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise, the prevailing party shall be entitled to all costs,
including reasonable attorneys' fees incurred, relating to such litigation, including those
incurred in any appeal.
SECTION 31 SEVERANCE
If any term, provision, condition or portion of this Franchise is held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Franchise which
shall continue in full force and effect, unless the dominant purpose of the Franchise
would be prevented or the public interestwould no longer be served, as determined by
the City.
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage
and submitted to the city attorney, and being approved by at least a majority of the
entire city council at a regular city council meeting, shall take effect and be in force five
days after its passage, approval and publication as required by law.
SECTION 33 EXISTING UTILITIES
This Franchise shall govern Franchisee's new and existing Facilities within the City of
Pacific.
Exhibit D
Resolution No 3644
Page 10 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
HOWARD ERICKSON, MAYOR
Date Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
Daniel B. Hei ,d'~City Attorney
APPROVED AS TO FORM:
Albert A. Abuan, City Attorney
Exhibit D
Resolution No 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY HIGHWAY) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF)
RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY)
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT-OF WAY LINE OF EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET, MORE
OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
Exhibit D, Attachment 1
Resolution No. 3644
1 of 2
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit D, Attachment 1
Resolution No. 3644
2of2
ATTACHMENT 2
PORTION OF "A" STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
(IN THE NE QUARTER OF SECTION 36, TWP 21N, R 4E, W.M.)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171, SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY (ALSO KNOWN AS STATE HIGHWAY NO. 5 AND
AS "A" STREET SOUTHEAST);
THENCE SOUTHWESTERLY 600 FEET, MORE OR LESS, ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-OF-WAY) FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHT-OF WAY LINE OF
SAID EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 600 FEET,
MORE OR LESS, TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit D, Attachment 2
Resolution No. 3644
Page 1 of 1
Exhibit E
INTERLOCAL AGREEMENT
regarding the
PROPOSED VISTA HEIGHTS DEVELOPMENT AT LAKELAND
City of Pacific and City of Auburn
This Agreement is entered into between the City of Pacific, a municipal corporation
under the laws of Washington State, hereinafter referred to as "Pacific", and the City of
Auburn, a municipal corporation formed under the laws of Washington State, hereinafter
referred to as "Auburn".
WHEREAS, Pacific and Auburn have agreed that Auburn will assume SEPA lead
agency responsibilities for a proposed residential development known as "Vista Heights
at Lakeland," hereinafter referred to as the "Development," that is situated on adjoining
parcels, one with tax identification number 312105-9008 (hereinafter referred to as "Site
7"), in Pacific, and one with tax identification number 312105-9006 (hereinafter referred
to as "Site 8"), in Auburn; and
WHEREAS, Pacific and Auburn have agreed that Site 7 will be annexed into
Aubum; and
WHEREAS, Pacific and Auburn previously executed an Intedocal Agreement
dated July 24, 2000 regarding Emergency Fire Flow Protection for Site 7 from Auburn
and domestic water service for Site 7 from Pacific; and
WHEREAS, upon completion of the Annexation, Site 7 will be served with water
for domestic use and emergency fire flow protection by Auburn;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. The Interlocal Agreement regarding Emergency Fire Flow Protection for the
Proposed Vista Heights Development At Lakeland, City of Pacific and City of Aubum is
superceded by this agreement.
2. Pacific shall be responsible for collecting Aubum's traffic mitigation fee of $677.71
per single family residential lot if building permits are issued by Pacific prior to the
completion of the annexation and the funds will be transmitted to Auburn.
3. Auburn shall be responsible for collecting Pacific's parks mitigation fee of $600.00
per single-family residential lot as authorized by applicable Pacific SEPA finding,
Ordinance or Resolution if building permits are issued by Auburn subsequent to the
completion of the annexation and the funds will be transmitted to Pacific.
Exhibit E
Resolution No. 3644
Page 1 of 2
4. Pacific shall be responsible for assisting Auburn in obtaining clear title to the storm
water facilities and the underlying property that store and treat public storm water.
5. Each participant to this Agreement shall indemnify and hold the other harmless from
and against any liability, loss, cost, damage, or expense of any kind and nature arising
out of injury to person or damage to property in any manner, caused by the negligent
act or omission of the indemnifying individual participant to this Agreement in the
performance of its work or execution of its obligations under the terms of this
Agreement. Each participant to this Agreement shall indemnify and hold the other
harmless from all damages, which may occur as a result of any failure to comply with
the provisions of Chapter 82.02 RCW or other applicable law.
6. Should a dispute adse between the parties that cannot be resolved satisfactorily, a
mediator mutually acceptable to the parties shall resolve the dispute through the use of
mediation at equal cost to each party. Should the Parties not be able to satisfactorily
resolve the dispute through mediation, the forum for resolution shall be the King County
Superior Court. The prevailing party shall be entitled to attorney fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
Date
HOWARD ERICKSON, MAYOR
Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
D~li'el B. He~"'d~ity Attorney
APPROVED AS TO FORM:
Albert A. Abuan, City Attorney
Exhibit E
Resolution No. 3644
Page 2 of 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Exhibit F
Above this line reserved for recordin~ information.
BILL OF SALE
Reference # (if applicable):
Grantor/Borrower:
G ra ntee/Assignee/Benefieia ry:
Legal Descripfion/STR:
Assessor's Tax Parcel ID#:
N/A
City of Pacific
City of Auburn
SW ¼, 31-21-05E,
& E ½, 36-21-04E
312105-9007, 9008, 9016, 9025, 9026, 9027, 9036, 9041, 9044,
9064, 9065, 9066, 9068.
362104-9018, 9020, 9044, 9045, 9057, 9059, & 9068.
362104-9018 & 9045.
335440-0680.
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
relocation of the water system Emergency Intertie Facility, and for the consideration of
incorporating the facility into the City system, and other good and sufficient consideration,
receipt whereof is hereby acknowledged, the undersigned Grantor, City of Pacific, a
Municipal CorpOration in King County, Washington does by these presents hereby convey,
setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation in
King County, Washington,
STREETS
Lakeland Hills Way
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
Oravetz Place SE
S 376th ST.
775 LF of 72 foot wide ROW,
725 LF of 60 foot wide ROW,
2,650 LF of 70 foot wide ROW,
744 LF of 60foot wide ROW,
1,030 LF of 10 wide ROW,
120 LF of 30 foot wide ROW.
Exhibit F
Resolution No. 3644
Page I of 3
STREETLIGHTS
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
7 each 400-watt luminaire, &
4 each 250-watt luminaire
6 each 400-watt luminaire
4 each 250-watt luminaire, &
1 each 150-watt luminaire
WATER MAIN
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
Oravetz Place SE
1,650 LF of 12-inch pipe
2,000 LF of 12-inch pipe
900 LF of 12-inch pipe
1,250 LF of 12-inch pipe
PRESSURE REDUCING STATION
Lakeland Hills Way One Water Pressure Reducing Station
STORM SEWER
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
920 LF of 24-inch, 740 LF of 18-inch &
380 LF of 12-inch storm pipe
141 LF of 24-inch, 1,405 LF of 12-inch, &
37 LF of 8-inch storm pipe
900 LF of24-inch, and 156 LF of 12-inch storm pipe
STORM DETENTION PONDS
Lakeland Hills Way Detention Pond #1, Detention Pond #2 and
130 LF of 24-inch storm pipe
BRIDGE
East Valley Highway
White "Stuck" River Bridge.
and all appurtenances or any other associated public facility as shown on the public facility
extension plans constructed by Public or Private entities associated with the Pacific
Annexation. Situated within the following described real property.
See ATTACHMENTS '1' and '2' ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF
and the said Grantor hereby wan'ants that it is the sole owner of all the property above
conveyed; that it has full power to convey the same and that it will defend the title of the
said Grantee against any and all persons lawfully making claim thereto, and indemnify the
City of Auburn for any costs, including Attomey fees in defending title.
Exhibit F
Resolution No. 3644
Page 2 of 3
of
IN WITNESS WHEREOF the Grantor has executed these presents this __
,2003.
day
Mayor
ATTEST:
Date
APPROVAL AS TO FORM
City Clerk
City Attorney
STATE OF WASHINGTON
County of King
On this day of , 2003 before me, the undersigned, a Notary
Public in an for the State of Washington, personally appeared
and ., to me known to be the
Mayor and City Clerk of the City of Pacific, the municipal corporation of the State of
Washington, in the forgoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said municipal corporation for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute said instrument on behalf
of said municipal corporation.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the date
hereinabove set forth.
Notary Public in and for the State of Washington
residing at
My appointment expires
Exhibit F
Resolution No. 3644
Page 3 of 3
ATTACHMENT 1
PROPOSED ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY ROAD) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER
OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF
SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN
ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER
OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE F_.AST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE
SOUTH LINE OF SAID GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY
OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC
BY CITY OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A
DISTANCE OF 1300 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY
COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS
ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A
DISTANCE OF 70 FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON
NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A
LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 36;
Exhibit F, Attachment 1
Resolution No. 3644
Page I of 2
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-
WAY) FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE
OR LESS, TO THE EAST RIGHT-OF WAY LINE OF EAST VALLEY HIGHWAY CA" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET,
MORE OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit F, Attachment 1
Resolution No. 3644
Page 2 of 2
ATTACHMENT 2
SCAL~: 1' ~ 500'
Exhibit F, Attachment 2
Resolution No. 3644
Page 1 of 1
EXHIBIT
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF PACIFIC FOR MAINTENANCE AND OPERATION
SERVICES ON 'A' STREET SE
Pursuant to the Interlocal Cooperation Act codified as RCW 39.34, this
Agreement is made and entered into this day by and between the CITY OF AUBURN,
hereafter called "AUBURN", and the CITY OF PACIFIC, hereafter called "PACIFIC", to
provide Right of Way maintenance and operation services on A Street SE as legally
described on Attachment 1 and shown on Attachment 2.
WHEREAS, PACIFIC will not have the organization and personnel to provide
Right of. Way maintenance and operation services at the stated location; and
WHEREAS, PACIFIC desires to provide quality maintenance and operation
activities for it's Right of Way; and
WHEREAS, AUBURN is able to provide such maintenance and operation
services for PACIFIC, and
WHEREAS, it is for the public benefit that AUBURN and PACIFIC cooperate to
provide safe and effective maintenance and operation activities; and
NOW THEREFORE, AUBURN and PACIFIC hereby agree:
Exhibit G
Resolution No.3644
Page 1 of 4
1. BASIC SERVICES:
AUBURN will provide maintenance and operation activities at the area legal
activities described in Attachment 1 and shown on Attachment 2:
A. Locate underground facilities for utilities or other digging operations except the
Pacific waterlines.
B. Maintain public storm drainage facilities.
C. Maintain the existing street light system.
D. Maintain subgrade, pavement and pavement markings.
E. Maintain signing per the "Manual of Uniform Traffic Control Devices".
2. AUBURN AND PACIFIC COORDINATION:
AUBURN will identify a contact person to handle day-to-day operational problems
related to the Basic Services. PACIFIC will identify a contact person for the same
purposes. Emergency work to protect the public safety will be handled, as the
AUBURN contact person deems necessary.
3. PERSONNEL AND EQUIPMENT:
A. AUBURN is acting herein as an independent contractor so that:
1. Control of personnel standards of performance, discipline and all other
aspects of performance shall be governed entirely by AUBURN
2. Except as described in Sections 3.C. below, all persons rendering services
hereunder shall be for all purposes employees of AUBURN
B. AUBURN shall furnish all personnel, resources, and materials deemed by
AUBURN as necessary to provide maintenance services as outlined in Section 1
above.
C. In the event AUBURN uses contract services to perform one or more of the Basic
Services for PACIFIC, the appropriate supervision and inspection of the
contractor's work will be performed by AUBURN.
Exhibit G
Resolution No.3644
Page 2 of 4
4. PACIFIC'S RESPONSIBLITIES
In support of AUBURN providing services for PACIFIC in Sections 1 and 2, PACIFIC
shall:
A. Authorize AUBURN to perform maintenance services outlined in Section 1 within
the City Limits of PACIFIC for the purposes of carrying out this Agreement.
B..PACIFIC will adopt by reference all AUBURN codes necessary to provide
authority for AUBURN to perform service of this Agreement.
5. INDEMNIFICATION:
In executing this Agreement, AUBURN does not assume liability or responsibility
for or in any way release PACIFIC's responsibility or liability which arises in part
from the existence, validity or effect of PAClFIC's ordinances, rule, or
regulations. In any such cause, claim, suit, action and administration proceeding
commences, PACIFIC shall defend the same at its sole expense and if judgment
is entered or damages are awarded against PACIFIC, AUBURN, or both,
PACIFIC shall satisfy the sam3e, including chargeable costs and attorney's fees.
Bo
PACIFIC shall indemnify and hold harmless AUBURN and its officers, agents,
and employees, from and against any and all claims, actions, suits liability, loss
costs and expense, and damages of any nature whatsoever, which are caused
by or result from a negligent act or omission of AUBURN, it's officers, agents,
and employees in performing services pursuant to this Agreement.
6. NON-DISCRIMINATION:
AUBURN and PACIFIC certify that both agencies are equal opportunity employers.
7. AUDITS AND INSPECTIONS:
All records and documents with respect to this Agreement shall be subjected to
inspection, review or audit by AUBURN or PACIFIC for the duration of this
Agreement.
8. AMENDMENTS:
The Agreement may be amended in writing at any time by mutual agreement of both
parties.
Exhibit G
Resolution No.3644
Page 3 of 4
9. ENTIRE AGREEMENT:
The two parties agree that this Agreement is a complete expression of the terms
hereto and any oral representations or understandings are not incorporated herein.
10. AGREEMENT ADMINISTRATION:
The parties shall appoint representatives to review Agreement performances and
resolve problems, which cannot be dealt with by PACIFIC and AUBURN's contact
persons.
11. INVALID PROVISIONS:
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby if such remainder would then continue to serve the
purpose and objective of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
CITY OF AUBURN
King County, Washington
CITY OF PACIFIC
King County, Washington
PETER B. LEWIS, MAYOR
Date
HOWARD ERICKSON, MAYOR
Date
ATTEST: ATTEST:
Danielle E. Daskam, CMC, City Clerk
Randy Reed, CMC, City Clerk
Daniel B. Heid, City Attorney
APPROVED AS TO FORM:
Albert A. Abuan, City Attorney
Exhibit G
Resolution No.3644
Page 4 of 4
ATrACHMENT 1
PORTION OF "A" STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
(IN THE NE QUARTER OF SECTION 36, TWP 21N, R 4E, W.M.)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHE. AST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171, SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY (ALSO KNOWN AS STATE HIGHWAY NO. 5 AND
AS "A" STREET SOUTHEAST);
THENCE SOUTHWESTERLY 600 FEET, MORE OR LESS, ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-OF-WAY) FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHT-OF WAY LINE OF
SAID EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 600 FEET,
MORE OR LESS, TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit G, Attachment 1
Resolution No. 3644
Page 1 of 1
SCALE: ~"= 200' TO BE MAINTAINED BY AUBURN