HomeMy WebLinkAboutItem VIII-B-2WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Resolution No. 3664 December 9, 2003
Department: Attachments: Budget Impact:
Public Works Resolution No. 3664 $ 0
Administrative Recommendation:
City Council adopt Resolution No. 3664
Back.qround Summary:
Auburn's previous franchise with Pierce County has expired.
Pierce County is extending the Lake Tapps Parkway through Auburn's sewer service area within Pierce
County. The roadway will not be annexed into Auburn prior to the start of construction on the parkway
extension. Auburn is seeking a franchise to own and operate a sewer facility, within Auburn's PAA and
Auburn's sewer service area, within Pierce County.
W1215-2
A1.17
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: December 15, 2003 Item Number: VIII.B.2
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 6 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A NONEXCLUSlVE FRANCHISE
WITH PIERCE COUNTY FOR THE PURPOSE OF
CONSTRUCTING, OPERATING AND MAINTAINING
SANITARY SEWER FACILITIES OVER, IN, ALONG, AND
UNDER CERTAIN PUBLIC ROADS AND HIGHWAY IN
PIERCE COUNTY, WASHINGTON
WHEREAS, the City of Auburn has applied for a nonexclusive Franchise
to construct, operate and maintain a sanitary sewer pipeline system over, in,
along, and under certain public roads, highways, and other county prop erty in
Pierce County, Washington, as hereinafter set forth; and
WHEREAS, Pierce County has passed the franchise as PiercE; County
Ordinance 2003-74 at a regularly scheduled County Council me,eting of
November 4, 2003 under the provisions of Chapter 36.55.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section '1. The Mayor is hereby authorized to execute a Francl~ise with
Pierce County, in substantial conformity with the agreement attached hereto,
marked as Exhibit "1" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 3664
December 1, 2003
Page 1
Section 3.
upon passage and signatures hereon.
Dated and Signed this day of
That this Resolution shall take effect and be in full force
,2003.
CITY OF AUBURN
AI~EST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3664
December 1, 2003
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FILE NO.
Sponsored by:
Requested by:
81
Councilmember Shawn Bunney
County Executive/Public Works
Department
PROPOSAL NO.
& Utilities
2003-74
01:U:)ZNAlqC~ NO. 2003-74
AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING THE CITY OF
AUBURN, A MUNICIPAL COP. PORATZON OF THE STATE OF
WASHINGTON, A NONEXCLUSZVE FRANCHISE TO CONSTRUCT,
OPERATE, AND M~TNTAIN A SANITARY SEWER PIPELINE
SYSx~.~ ~, IN, ALONG, AND UNDER CERTAIN PUBLIC
ROADS AND HIGHW]~YS IN PIERCE COUNTY, WASHINGTON;
AND AUTHORIZING THE COUNTY EXECUTIVE TO EXE~UX~- THE
FRANCHISE.
WHEREAS, the City of Auburn has applied for a nonexclusive
Franchise to construct, operate, and maintain a sanitary sewer
pipeline system over, in, along, and under certain public roads,
highways, and other County property in Pierce County, Washington,
as hereinafter set forth; and
WHEREAS, Said application came on regularly for hearing
before the Pierce County Council on the date set forth below
under the provisions of Chapter 36.55; NOW, THEREFORE,
Page 1 of 3, Ordinance No, 2003-74
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BE IT ORDAINED by the Council of Pierce County:
Section 1. The Franchise, s copy of which is attached
hereto and identified as Exhibit "A," is hereby given and granted
to the City of Auburn, its approved successors and assigns,
hereinafter referred to as the Grantee, for a period of 15 years
from and after the effective date of this Ordinance to construct,
operate, and maintain a sanitary sewer pipeline system for the
transportation of sewage over, in, along, and under those certain
public roads, highways, and other County property in Pierce
County, Washington, described within said Franchise.
Section 2. The City of Auburn must
acceptance of this Franchise and all its
within 30 days from the effective date of the
acceptance is to be in writing and filed with
indicate .its full
terms and conditions
Ordinance. Said
the Clerk of the
Pierce County Council and shall be a condition precedent to the
validity of said Franchise, and unless the Franchise is accepted
within such time, this grant of permission shall be null and
void.
Page 2 of 3, Ordinance No. 2003-74
~ ~ 3. The Executive of Pierce County is hereby
2 authorized to execute said Franchise.
4 PASSED this ~ day of ~ ~J~ , 2003.
5
6 ATTEST: PIERCE COUNTY COUNC.IL
7 PIERCE COUNTY, Washin¢~ton
Denis ~ D. Jo on " ...... '"
9 Clerk of the 1 ~_n_c..l~lm~e~mD~Haf~os~
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Approved As To Form Only:
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1S ~
Attorney
PIERCE COUNTY EXECUTIVE
John Ladenburg
Dat.e of Publication of
Notice of pUblic Hearing:
Effective Date of Ordinance:
Page 3 of 3, Ordinance No. 2003-74
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Exhibit "A" to Ordinance No. 2003-74
In the Matter of the Application of
the City of Auburn, a Municipal
Corporation of the State of Washington,
for a nonexclusive franchise to
construct, operate, and maintain
a sanitary sewer pipeline system
over, in, along, across, under, and
along certain Public Roads and
Highways in Pierce County, Washington
EXHIBIT "A"
FRANCHISE
Application of the City of Auburn, for a nonexclusive
Franchise to construct and maintain a sanitary sewer pipeline
system for disposal of sewage in, across, under, upon, along, and
over. certain public roads and highways in Pierce County,
Washington, as hereinafter set forth, having come on regularly for
hearing before the County Council of Pierce County, Washington,
under the provisions of Chapter 36.55, Revised Code of Washington;
NOW, THEREFORE, IT IS ORDERED, that a Franchise be, and the same is
hereby given and granted to the City of Auburn, hereinafter
referred to as "Grantee," for a period of 15 years from and after
the date of filing of this Franchise with the Clerk of the Pierce
County Council. This Franchise is a license for the privilege and
authority to construct, maintain, and operate for the said period
of time, a sanitary sewer pipeline with appurtenances for a
sanitary sewer pipeline system in,
over the public roads and highways
wit:
across, under, upon, along, and
in Pierce County, Washington, to
Exhibit "A"
Page 1 of 19, Ordinance No. 2003-74
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Those portions of Section 5, and the Northwest quarter of
Section 8, .all--in-Township 20 North, Range
Pierce County, Washington, said portions more particularly
described as follows:
Beginning at the Northwest corner of said Section 5,
Township 20 North, Range 5 East, W.M.;
Thence East along the North line of said Section 5 to the
Northeast corner of said Section 5;
Thence South along the East line of said Section 5 a
distance of 50 feet, more or less, to the East right of
way line of 182nd Avenue East;
Thence Southerly along said East right of way llne 2,500
feet, more or less, to the South line of the Northwest
quarter of said Section 4;
Thence West along said South line 30 feet to the quarter
corner cor~non to said Sections 4 and 5;
Thence West 660 feet, more or less, along the North line
of the Southeast quarter of said Section 5 to the East
line of the West half of the Northeast quarter of the
Southeast quarter of said Section 5;
Exhibit "A"
Page 2 of 19, Ordinance No. 2003-74
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Thence South 1,320 feet, more or less, along last said
East line to the South line of the Northeast quarter of
the Southeast quarter of said Section 5;
Thence West 660 feet, more or less, along last said South
line to the Southeast corner of the Northwest quarter of
the southeast quarter of said Section 5;
Thence West 660 feet, more or less, along the South line
of the Northwest quarter of the Southeast quarter of said
Section 5 to the Northeast corner of the West half of the
Southwest quarter of the Southeast quarter of said
Section 5;
Thence South 1,320 feet, more or less, along the East
line of said West half of the Southwest quarter of the
Southeast quarter of said Section 5 to the South line of
the Southeast quarter of said Section 5;
Thence West along last said South line 660 feet, more or
less, to the quarter corner co~on to said Sections 5 and
8;
Thence West along the South line of the Southeast quarter
of the Southwest quarter of said Section 5 a distance of
1,320 feet, more or less, to the Northeast corner of the
North half of the Northwest quarter of the Northwest
quarter of said Section 8;
Exhibit "A"
Page 3 of 19, Ordinance No. 2003-74
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Thence South 660 feet, more or less, along the East line
of said North half of the Northwest quarter of the
Northwest quarter of said Section 8 to the South line of
said North half of the Northwest quarter of the Northwest
quarter of said Section 8;
Thence West 1,320 feet, more or less, along last said
South line to the West line of said Section 8;
Thence North 660 feet, more or less, along said West line
to the corner common to Sections 5, 6, 7, and 8, Township
20 North, Range 5 East, W.M.;
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Thence North along the West line of said Section 5 to the
Point of Beginning.
Situate in Pierce County, Washington.
In the construction and installations of sanitary sewer
pipeline appurtenances and the excavation of trenches on CoUnty
roads for the purposes of laying, relaying, connecting,
disconnecting, and repairing mains and pipes and making connections
between the same to the dwellings and other buildings of the
consumers, the Grantee shall be governed by and conform to the
general rules adopted by Pierce County Public Works and Utilities
Transportation Services of Pierce County, Washington; and the
Grantee, at no expense to the County, shall complete all such work
Exhibit "A"
Page 4 of 19, Ordinance No. 2003-74
and shall repair the County roads and leave the same
condition as before the work was commenced;
PROVIDED, HOWEVER, that no such work shall be done prior to
the obtaining of a permit therefore issued by the Pierce County
Engineer (hereinafter "Engineer"), 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; and
PROVIDED FURTHER, the Engineer, in his or her discretion, may
require a bond in a sum sufficient to guarantee to Pierce County
that such roads shall be restored to the same condition as existed
prior to such work. If the Grantee does not repair the County roads
to.the.satisfaction_ of the Engineer, Pierce County Public Works and
Utilities - Transportation Services may, at its sole discretion,
repair such County roads, or. cause them to be repaired, and the
Grantee hereby agrees to .reimburse the County of Pierce for the
cost of such work, including oVerhead costs.
Before any work is performed under this Franchise that may
affect any existing monuments or markers of any nature relating to
section subdivisions, plats, roads, and all other surveys, Grantee
shall reference all such monuments and markers in accordance with
ReVised Code of Washington (RCW) 58.09.130. The reference points
shall be so located that they will not be disturbed during
Grantee's operations under this Franchise. The method of
Exhibit "A"
Page 5 of 19, Ordinance No. 2003-74
in as good a
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referencing these monuments or other points to be referenced shall
be approved by the County Engineer. The replacement of all such
monuments or markers disturbed during construction shall be made as
expeditiously as conditions permit, and as directed by the County
Engineer. The cost of monuments or other markers lost, destroyed,
or disturbed, and the expense of replacement with approved
monuments shall be borne by Grantee.
A complete set of reference notes for monuments and other ties
shall be filed with Pierce County Public Works and Utilities -
Transportation Services.
II
The sanitary sewer mains and pipes shall be laid down as
directed by the Engineer or his or her designee at a depth to be
determined at the time of permit application, and in such a manner
as not to interfere unnecessarily with the construction of
utilities and drains, nor with the grading of the County roads.
All surface appurtenances to the sanitary sewer system shall be
installed or constructed as approved by the Engineer.
III
All work done under this Franchise shall be done in a thorough
and professional manner and in the laying of sanitary sewer pipes
and conduits and the digging of ditches therefore, the Grantee
sh~ll leave ditches in such a way as to interfere as little as
possible with public travel and shall take all due and necessary
Exhibit "A"
Page 6 of 19, Ordinance No. 2003-74
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precautions to ensure that damage or injury shall not occur or
arise by reason of such work; and that where any ditches or
trenches are left open at night, the Grantee shall place at all
crossings suitable lights in such a position to guard against
danger, and the Grantee shall be liable for all property damage or
Personal injury that may. be caused by reason of any injury
sustained through its negligence by reason of any person, animal,
or property being injured through any negligence of the Grantee, or
by reason~ of any damage caused through, the neglect to properly
guard any ditches Or trenches dug or maintained by the Grantee.
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The Engineer may specify actions to be taken t° ensure the safety
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of the public and the Grantee shall comply with such
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specifications.
IV
The County of Pierce,. in the granting of this Franchise,_ does
not waive any rights that it now holds or may hereafter acquire and
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this Franchise shall not be construed to deprive the County of
Pierce of any powers, rights, or privileges that it now has or may
hereafter, acquire, including the right of eminent domain to
regulate the use and control of the County roads covered by this
Franchise, or to go upon any and all County roads and higlhways for
the purpose of constructing and improving the same in such a manner
as the County of Pierce or its representatives may elect..
Exhibit "A"
Page 7 of 19, Ordinance No. 2003-74
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V
Grantee shall provide a certificate of insurance showing
evidence of commercial general liability and property damage
liability insurance that includes but is not limited to, the
operations of the Grantee, the Grantee's protective liability,
products-completed operations coverage, broad form blanket
contractual liability:
COVERAGES
Commercial General Liability
Bodily Injury Liability
Property Damage Liability
Insurance
LIMITS OF LIABILITY
$2,000,000 Each
Occurrence
$250,000 Each
Occurrence
or
COMBINED SINGLE
LIMIT COVERAGE OF
$2,000,000
The general requirements of the policy shall contain:
Pierce County is named as an additional Insured with
respect to this Franchise and such insurance as is
carried by the Grantee for the operation of its facility.
In the event of nonrenewal, cancellation, or material
change in the coverage provided, 30 days written notice
will be furnished to the County prior to the date of
nonrenewal, cancellation, or change. Such notice shall
be sent to the Engineer, Public Works and Utilities -
Transportation Services, 2401 South 35th Street, Room
150, Tacoma, Washington 98409-2740.
Exhibit "A"
Page 8 of 19, Ordinance No. 2003-74
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Pierce County has no obligation to report occurrences to
the insurance companies unless a claim is filed with the
County; and Pierce County has no obligations to pay
premiums.
The Grantee's insurance policies shall contain
"cross-liability" endorsement substantially as follows:
a
The inclusion of more than one Insured under this policy
shall not affect the rights of any Insured with respect
to any claim, suit, or judgment made or brought by or for
any other Insured or by or for any employee of any other
Insured. This policy shall protect each Insured in the
same manner as though a separate policy has been issued
to each, except that nothing herein shall operate to
increase the company's liability beyond the amount or
amounts for which the company would have been liable had
only one Insured been named.
The Grantee's insurance is primary over any insurance
that may be carried by Pierce County. Grantee agrees to
provide proof of insurance each year to Pierce County.
The Grantee agrees to defend, indemnify, and save
harmless Pierce County, its appointed and elected
officials and employees, from and against all 10ss or
expense, including but not limited to, judgments,
Exhibit "A"
Page 9 of 19, Ordinance No. 2003-74
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settlements, attorney's fees and costs by reasons of any
and all claims and demands upon the County, its elected
or appointed officials or employees for damages because
of personal or bodily injury including death at any time
resulting therefrom, sustained by'any person or persons,
and on account of damage to property including loss of
use thereof, arising out of or in consequence of this
Franchise, whether such injuries to persons or damage to
properties are due to the negligence of the Grantee,
Pierce County, its appointed or elected officers,
employees, or their agents, except only such injury or
damage as shall have been occasioned by the sole
negligence of the County, its appointed or elected
officials or employees.
If the claim, suit, or action for injuries, death, or
damages as provided for in this Franchise agreement is
caused by or results from the concurrent negligence of
(a) Pierce County or Pierce County's agents or ~ployees,
and (b) the Grantee, or the Grantee's agents or
employees, the indemnity provisions provided for in this
Franchise shall be valid and enforceable only to the
extent of the Grantee's negligence.
Grantee specifically and expressly waives any immunity
under Industrial Insurance Title 51 RCW, and acknowledges
Exhibit "A"
Page 10 of 19, Ordinance No. 2003-74
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that this waiver was mutually agreed upon by the parties
herein.
VI
If, at any time, the County of Pierce shall vacate any public
street, road, or alley that is subject to rights granted by this
Franchise, the Pierce County Council may, at its option, and by
giving 30 days written notice to the Grantee, its successors and
assigns, terminate this Franchise with reference to such County
road, street, or alley so acquired and the County of Pierce shall
not be liable for any damages or loss to the Grantee by .reason of
such termination.
If, at any time,
and constructed, or
VII
a new County road is created or established,
an existing County road is reconstructed,
realigned, or its grade is changed, or if sewer or drainage
facilities, or any other facilities, within future or existing
County road right-of-way are constructed, reconstructed,
maintained, or relocated (all such work to be called "County
Projects" hereinafter) and if the installation of the facilities as
allowed in this Franchise, and all supplements and changes thereto,
should interfere in any manner with any such County projects, then
the Grantee at no expense to the Pierce County shall, upon notice,
change the location or adjust the elevation of its facilities so
that such facilities shall not interfere with such County projects.
Exhibit "A"
Page 11 of 19, Ordinance No. 2003-74
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When relocation of Grantee's facilities is required by such
County projects the following procedures shall be followed:
Pierce County shall make available to Grantee a list of
anticipated projects for each new budget period as soon
as is reasonably practicable.
Pierce County shall provide to Grantee two sets of
preliminary plans for individual projects as soon as such
plans are developed to a state of reasonable certainty,
and shall advise Grantee of the anticipated date of start
of work on such projects.
Grantee shall, when requested by Pierce County in
writing, locate its facilities in the field, show those
locations on one set of the preliminary plans provided,
and return that set to Pierce County Public Works and
Utilities - Transportation Services within four weeks of
receiving the written request.
Pierce County shall provide to Grantee final plans for
such projects as soon as such plans are available and
shall confirm or correct the anticipated date of start of
work on such projects.
Pierce County shall assist Grantee in determining how its
facilities shall be relocated. Such assistance by Pierce
Exhibit "A"
Page 12 of 19, Ordinance No. 2003-74
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County shall include, at a minimum, copies of plans (as
required above) and specifications for such County
projects, and information known to Pierce County as to
existing survey control available for location of such
County projects. Such assistance shall not subject
Pierce County to any liability for the costs of
relocating the subject facilities a second time if
Grantee incorrectly relocated its facilities the first
time.
When requested, Pierce County and Grantee shall meet to
discuss how County projects and utility relocations can
be accomplished with the least impact on the other.
Pierce County's decision shall be final in such matters,
but shall not be unreasonable.
Relocation of Grantee's facilities shall be co~)leted in
a timely manner defined as follows:
Relocation of Grantee's facilities shall normally be
accomplished in advance of County projects.. In the
event relocation of Grantee's facilities shall be
done concurrently with such projects, Pierce County
shall be so notified and agree to a written
schedule for relocation. Compliance with such a
written schedule shall be Grantee's duty. In no
Exhibit "A"
Page 13 of 19, Ordinance No. 2003-74
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10.
event shall relocation of Grantee's facilities
interfere with the prosecution of County projects.
If Grantee does not relocate its facilities in a timely
manner as required above, Pierce County may relocate, or
cause to be relocated, such facilities of Gzantee as
Pierce County deems necessary, and in the manner Pierce
County deems necessary, in its sole discretion. Grantee
hereby indemnifies and holds Pierce County, its
employees, officers, officials, and agents totally free
and harmless from all and any liability that may arise
from damages caused by the relocation by Pierce County of
the facilities of Grantee, even if such damages and
liability arise from the negligence of Pierce County, its
employees, officers, officials, and agents.
Grantee hereby indemnifies and hold harmless Pierce
County, its officers, officials, and employees, from
damages that may arise from Grantee's failure to relocate
its facilities in accordance with the dates for
completion of relocation of facilities set fortlh above,
or any other act or omission by Grantee, its
contractor(s), agents, officers, or employees related to
the provisions of this Franchise.
It shall be conclusively presumed that Pierce County will
have suffered damages as a result of exercising its
Exhibit "A"
Page 14 of 19, Ordinance No. 2003-74
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11.
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rights as set forth in Item 8 above, and compensation for
such damages will be difficult to ascertain, and
therefore, Grantee shall compensate Pierce County for
such damages in the amount of twice the amount of the
cost of such relocation of Grantee's facilities by Pierce
County.
The exercise of its rights, as set forth in Item 8. above
by Pierce County in no way relieves Grantee of completing
and/or finalizing the relocation of its facilities at no
expense to Pierce County if the relocation work done by
Pierce County is incomplete.
In the event a law suit is brought by Pierce County
against Grantee to collect damages presumed under Item
10. above for the exercise by Pierce County of its rights
under Item 8. above, Grantee hereby agrees the only issue
will be the actual cost to Pierce County for relocating
Grantee's facilities. The party prevailing in such an
action shall be allowed its legal fees and costs.
VIII
The Grantee shall not sell, transfer, or assign this
without first notifying the Pierce County Council. The
· conditions set forth herein shall be binding on the
successors and assigns unless amended by the Pierce County Council.
Franchise
terms and
Grantee's
Exhibit "A"
Page 15 of 19, Ordinance No. 2003-74
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IX
This Franchise is granted upon the further express ,condition
that it shall not be an exclusive Franchise and shall not, in any
manner, prohibit the County of Pierce from granting any other
Franchise over, in, along, under, upon, and across any of the said
County roads of any kind and character or territories that may be
deemed proper by the Pierce County Council, and this ]Franchise
shall not in any way prevent the County of Pierce from using the
County roads and highways, or affect the jurisdiction over them and
every part of them by the County of Pierce with full power to make
the necessary repairs, changes, and alterations in the same and
like manner as though this Franchise had never been granted.
Pierce County reserves for itself the right to so change,
amend, modify, or amplify this Franchise to conform to any State
statute, order of the Washington Utilities and Transportation
Commission, or County regulation, ordinance, or right-of-way
regulation, as may hereafter be enacted, adopted, or promulgated.
This Franchise may be terminated at any time upon 90 days written
notice to the Grantee if the Grantee fails to comply with the terms
and conditions of this Franchise, or if the Grantee fails to comply
with such changes, amencLments, modifications, or amplifications and
upon termination Pierce County shall have a lien upon all equipment
and materials erected or placed under this Franchise, which lien
may be enforced to reimburse Pierce County for any reasonable
expenses and payments incurred in terminating this Franchise and to
cure defaults by the Grantee.
Exhibit "A"
Page 16 of 19, Ordinance No. 2003-74
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Grantee agrees to and shall provide publicly available
financial information to the County upon reasonable request.
Grantee agrees to and shall during regular business hours allow
agents of Pierce County access for inspection and reproduction of
all of Grantee's publicly available business records and financial
statements to determine the financial capability of the Grantee to
adequately install and maintain facilities in the right-of-way.
X
In the event that the territory covered by this Franchise, or
any portion thereof, shall at any time during the Franchise period
be included within the limits of any incorporated city or town, the
authorities of said city or town shall have the right, to be
exercised at their discretion, to acquire by purchase or
condemnation, any part of such pipes, conduits, and sanitary sewer
systems existing within the corporate limits of said city or town,
other than transmission lines, at a price to be based upon the
reasonable value of the same at the time, without any additional
value for the Franchise or any unexpired period thereof, and upon
such acquirement, this grant and Franchise of those public roads
and limits of said incorporated city or town shall immediately
terminate.
Grantee acknowledges that
Franchises provides in part:
XI
Pierce County Charter Section 9.20
All Franchises shall be subject to
the right of the Council, or the people acting for themselves
Exhibit "A"
Page 17 of 19, Ordinance No. 2003-74
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through referendum, to repeal for cause, amend, or modify the
Franchise in the interest of the public, and agrees to said
condition.
XII
Any failure to render adequate service to the patrons of said
sanitary sewer system, or the .discontinuance of such sanitary sewer
services without fault on the part of the patron or patrons
involved, for a period of 30 days, shall work a forfeiture of this
Franchise, at the discretion of the Pierce County Council unless
the failure should result from causes beyond human control.
XIII
Venue and jurisdiction for any controversy arising from this
Franchise shall be in Pierce County, Washington.
XIV
The full acceptance of this Franchise and all its terms and
conditions within 30 days from ~OU~ ~ , 2(~, by
City of Auburn, in writing, is to be filed with the Clerk of the
Pierce County Council and shall be a condition precedent to this
Franchise taking effect, and unless this Franchise is accepted
within such time, this Franchise shall be null and void.
Exhibit "A"
Page 18 of 19, Ordinance No. 2003-74
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Pursuant to RCW 36.55.080, a copy of this Franchise shall
recorded in the Office of the Pierce County Auditor.
Dated at Tacoma, Washington, this
, 20
be
day of
PIERCE COUNTY EXECUTIVE
We hereby accept and agree to comply with all the terms and
conditions of this Franchise.
Name Date
Title
Date of Publication of
Notice of Public Hearing:
Effective Date of Ordinance:
Exhibit "A"
Page 19 of 19, Ordinance No. 2003-74