HomeMy WebLinkAbout09-19-2005 ITEM VIII-B-4k
CITY OF
U
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3909
September 8, 2005
Department:
Attachments:
Budget Impact:
Public Works
Resolution No.
3909, Supplemental
$ 0
Franchise No.
1 as Exhibit 1, and
Map
Administrative Recommendation:
City Council adopt Resolution No. 3909.
Background Summary:
Resolution No. 3909 authorizes the Mayor to enter into a Supplemental Franchise Agreement with Pierce
County. This franchise is required to establish a sanitary sewer line across 161" Street E to service the
Fairweather Coves development.
W0919-5
A3.14
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
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes [-]No
Council Approval: ❑Yes []No
Call for Public Hearing
Referred to Until
_!_!_
Tabled
Councilmember: Wagner
Staff: Dowdy
Meeting Date: September 19, 2005
Item Number: VIII.B.4
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A NONEXCLUSIVE
SUPPLEMENTAL FRANCHISE TO AUBURN'S EXISTING
FRANCHISE AGREEMENT WITH PIERCE COUNTY FOR
THE PURPOSE OF PROVIDING SANITARY SEWER
SERVICES
WHEREAS, Auburn's existing franchise established under Auburn
Resolution No. 3664 does not permit sanitary sewer lines to cross Pierce
County's public right of way known as 16"' Street East; and
WHEREAS, Auburn is seeking to establish a sanitary sewer system
across 16th Street East to provide service to adjacent property; and
WHEREAS, Pierce County has passed this nonexclusive supplemental
franchise as Pierce County Ordinance 2005-38 at a regularly scheduled
meeting on August 16, 2005 under Chapter 36.55 of the revised Code of
Washington.
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 nonexclusive
supplemental sanitary sewer franchise with Pierce County, in substantial
conformity with the agreement attached hereto, marked as Exhibit "1" and
incorporated herein by this reference.
Resolution No. 3909
September 19, 2005
Page 1 of 2
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may necessary to carryout the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3909
September 19, 2005
Page 2 of 2
EXHIBIT I
Auburn Resolution No. 3909
1 FILE NO. 85
2
3 In the Matter of the Application of ) EXHIBIT "A"
City of Auburn, a Municipal Corporation } ORDINANCE NO. 2005-38
4 of the State of Washington, for a )
Supplemental Franchise to construct, )
5 operate, and maintain sanitary sewer ) S U P P L E M E N T A L
pipelines in, across, under, and ) F R A N C H I S E
6 along certain Public Roads and )
Highways in Pierce County, Washington ) NO. 1
7
8
Application of City of Auburn, a Municipal Corporation of the
9
State of Washington, for Supplemental Franchise No. 1 to that certain
10
Franchise granted to City of Auburn, a Municipal Corporation of the
11 State of Washington, dated November 24, 2003, bearing File No. 81,
12 having been before the Council of Pierce County, Washington, for
13 public hearing under the provisions of Chapter 36.55, Revised Code of
14 Washington (RCW), and it appearing to Council that Notice of said
15 hearing having been duly given as required by law, and it is in the
16 public interest to supplement said Franchise dated November 24, 2003,
17 by granting authority to construct, operate, and maintain sanitary
18 sewer pipelines for the purpose of maintaining and operating a
19 sanitary sewer pipeline system in, across, under, and along public
20 roads and highways in Pierce County, Washington.
21
22 NOW, THEREFORE, IT IS ORDERED, that the Franchise granted to
23 City of Auburn, a Municipal Corporation of the State of Washington,
244 on November 24, 2003, bearing File No. 81, is hereby supplemented to
25 Page 1 of 3, Ordinance 2005-38
I
add thereto
certain additional County roads and highways
and other
2
County owned
property(ies)
and by such supplement give and
grant to
3
the City of Auburn, a
Municipal Corporation of the
State of
4
Washington,
with respect
to the additional roads and
highways
5 hereinafter described, identical Franchise rights, subject to the
6 identical express terms and conditions as are contained in said
7 Franchise bearing File No. 81, as amended by Ordinance 2003-74, as
8 follows:
9
10 The Franchise boundaries are hereby amended to include the North
11 100 feet of the East 400 feet of the Northwest quarter of the
12 Northwest quarter of Section 8, Township 20 North, Range 5 East,
13 W.M.
14
15 The full acceptance of this Supplement to the Franchise and all
16 its terms and conditions within 60 days from
17 by City of Auburn, a Municipal. Corporation of the State
18 of Washington, organized and existing under and by virtue of the laws
19 of the State of Washington, in writing, is to be filed with the Clerk
20 of the Pierce County Council and shall be a condition precedent to
21 its taking effect, and unless this Supplemental Franchise No. 1 is
22 accepted within such time, said Supplemental Franchise No. 1 shall be
23 null and void.
24
25 Page 2 of 3, Ordinance 2005-38
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All
other terms and
conditions
of the Franchise
granted
November
24, 2003, remain in
full force
and effect.
Pursuant to RCW 36.55.080, a copy of Supplemental Franchise
No. 1 shall be recorded in the office of the Pierce County Auditor.
DATED at Tacoma, Washington, this day of
200
John W. Ladenburg
PIERCE COUNTY EXECUTIVE
We hereby accept and agree to comply with all the terms and
conditions of this Franchise.
Name
Title
Approved for Insurance and
Bonding Requirements: (Name of Town)
Date
Risk Management
Date of Publication of
Notice of Public Hearing:
Effective Date of Ordinance:
Page 3 of 3, Ordinance 2005-38
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