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ORDINAI~CE NO. 5 i 3 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A NEW FR3LNCHISE AGREEMENT BETWEEN THE
CITY OF AUBURN AND PIERCE COUNTY TO CONSTRUCT, OPERATE AND
MAINTAIN A SEWER SYSTEM OVER, IN, ALONG, UNDER, AND UPON
CERTAIN PUBLIC ROADS AND HIGHWAYS IN PIERCE COUNTY, WASHINGTON
UNTIL JULY 2003.
WHEREAS, the City of Auburn wishes to expand their
sanitary sewer pipeline system to areas outside the current
boundaries; and
WHEREAS, the City of Auburn has applied to Pierce County
and has been granted a nonexclusive franchise to construct,
operate and maintain a sanitary sewer pipeline system over,
in, along, under and upon certain public roads and highways in
Pierce County, Washington, as hereinafter set forth;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AGREEME~. The Mayor of the City of Auburn
is herewith authorized to execute a Franchise Agreement
between the City of Auburn and Pierce County to construct,
operate, and maintain a sanitary sewer pipeline system over,
in, along, across, under, and upon certain public roads and
highways in Pierce County Washington. A copy of said
Agreement is attached hereto, denominated as Exhibit "A", and
Ordinance No. 5132
August 4, 1998
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a copy of Pierce County Ordinance No. 98-37S approving the
franchise is attached hereto denominated as Exhibit "B", and
made a part hereof as though set forth in full herein.
Section 2. AUTHORIZATION. The Mayor is hereby
authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
August 17, 1998
August 17, 1998
August 17, 1998
MAYOR
ATTEST:
City Clerk
Ordinance No. 5132
August 4, 1998
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APPROVED AS TO FORM:
d8,
City Attorney
Published:
Ordinance No. 5132
August 4, 1998
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EXHIBIT "A" TO ORDINANCE NO. 98-37S
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 F R A N C H I S E
a sanitary sewer pipeline system
over, in, along, across, under,
and upon certain Public Roads and
Highways'in Pierce County Washington
Application of THE CITY OF AUBUP~, a municipal corporation of the
State of Washington, 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, and it appearing to the Council that notice of said
Hearing has been duly given as required by law, and that it is in the
public interest to grant the franchise herein granted;
NOW, THEREFORE, IT IS ORDERED, that a franchise be, and the same
is hereby given and granted to THE CITY OF AUBU~/4, a municipal
corporation of the State of Washington, hereinafter called the
"Grantee" for a term of five years from and after the date of filing
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,
across, under, upon, along and over the public roads and highways in
Pierce County, Washington, to wit:
Page I of 15
Exhibit "A" Ordinance No. 5132
City of Auburn
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Section 1, Township 20 North, Range 4 East, W.M.
Ail Pierce County Roads located within-the East half of the East
half of the East half of this Section.
Sections 5 and 6, Township 20 North, Range 5 East, W.M.
All Pierce County Roads located within these Sections.
Sections 7 and 8, Township 20 North, Range 5 East, W.M.
All Pierce County Roads located within the North half of the
North half of these Sections.
I
In the construction and installations of sanitary sewer pipeline
appurtenances and the excavation of trenchas 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 the Public
Works and Utilities - Transportation Services of Pierce County,
Washington; and the Grantee, at no expense to the County, shall
complete all such work and shall repair the County roads and leave
the same in as good 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 Public
Works a~d Utilities 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; and PROVIDED FURTHER, the Director
may in his or her discretion require a bond in a sum sufficient to
guarantee to Pierce County that such roads shall be restored to the
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ordinance No. 98-37S, COntinued
same condition as existed prior to such work. If the Grantee does
not repair the County roads to the satisfaction of the Director, the
County Department of 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 rei~urse
the County of Pierce for the cost of such work, including overhead
costs.
II
The sanitary sewer mains and pipes shall be laid down as directed
by the Director or his designee at s depth to be deter~nined at the
time of permit application, and in such a manner as not to interfere
unnecessarily with the construction, use, and maintenance 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 Director.
III
All work done under this franchise shall be done in a thorough
and professional manner. During the laying of sanitary sewer pipes
and conduits and the digging of ditches therefore, the Grantee shall
leave ditches in such a way as to interfere as little as possible
with public travel and shall take all due and necessary precautions
to insure 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 which may be caused
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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. The Director may specify actions to be taken to insure the
safety of the public and the Grantee shall comply with such
specifications.
IV
The County of Pierce, in the granting of this franchise, d6es not
waive any rights which it now holds or may hereafter acquire and this
franchise shall not be construed so as to deprive'the County of
Pierce of any powers, rights, or privileges which 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 highways for the purpose of
constructing and improving the same in such a manner as the County ~f
Pierce, or its representatives may elect.
v
Grantee shall provide a certificate of insurance showing evidence
of commercial general liability and property damage liability
insurance, which 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:
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Ordinance No. 98-37S, continued
commercial General Liability Insurance Bodily Injury Liability
Property Damage Liability
or
COMBINED SINGLE
LIMIT COVERAGE OF
$1,000,000
The general requirements of the policy shall contain:
$1]000,000 Each
Occurrence
$250,000 Each
Occurrence
Pierce County is named as an additional insured as
respects this franchise and such insurance as is carried
by the Grantee for the operation of its facility.
In the event of non-renewal, cancellation or material
change in the coverage provided, thirty days written
notice will be furnished to the County prior to the date
of non-renewal, cancellation, or change. Such notice
shall be sent to the Director, Public Works and Utilities
- Transportation Services, 2401 South 35th street, Room
150, Tacoma, Washington 98409-2740.
Pierce County has no obligation to report occurrences to
the insurance companies unless a claim is filed with the
Pierce County Council; and Pierce County has no
obligations to pay premiums.
The Grantee's insurance policies shall contain a "cross
'liability" endorsement substantially as follows: The
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Ordinance NO. 98-37S, continued
inclusion of more than one Insured under this policy
shall not affect the rights of ~ny Insured as respects
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 loss or expense, including but not limited to, judgments,
settlements, attorney's fees and costs by reasons of any and all
claims, and demands upon the County, its elected or appointed
officials or emDloyees 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
due to the negligence of the Grantee, Pierce County, its appointed or
elected officers, employees, or their agents, except only such injury
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Ordinance No. ~-37s. continued
or damage as shall have been occasioned by ~he sole negligence of the
County, its appointed or elected officials or employees.
Grantee specifically and expressly waives any immunity under
Industrial Insurance Title 51 RCW, and acknowledges 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 which is.subject to rights granted by this
franchise, the Pierce County Council may, at its option, and by
giving thirty days written notice to the Grantee, its successors and
assigns, terminate this franchise with reference to such County road,
street, or alley so acquired end the County of Pierce shall not be
liable for any damages or loss to the Grantee by reason of such
termination.
vii
If, at any time, a new County road is created or established, and
constructed, or 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
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ordinance No. 98-37S, continued
elevation of its facilities so that such facilities shall not
interfere with such County projects.
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 their 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.
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Ordinance No. 98-37S, continued
5. Pierce County shall assist Grantee in determining how its
facilities shall be relocated. Such assistance by Pierce
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 de6ision shall be final in such matters,
but shall not be unreasonable.
Relocation of Grantee's facilities shall be completed 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 ~ith such a written
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Ordinance NO. 98-37s. continued
schedule shall be Grantee's duty. In no event shall
relocation of Grantee's facilities interfere with
the prosecution of County projects.
If Grantee should not relocate its facilities in a timely
manner as required above, Pierce County may relocate, or
cause to be relocated, such facilities of Grantee 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 which 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 which may arise from Grantees's failure to
relocate its facilities in accordance with the dates for
completion of relocation of facilities set forth above,
or any other act or omission by Grantee, its
contractor(s), agents, officers, or employees related to
the provisions of this franchise.
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It shall be conclusively presumed that Pierce County will
have suffered damages as a result of exercising its
rights as set forth in Item 8,.above, and compensation
for such damages will be difficul~ 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.
11.
The exercise of its rights, as set forth in Item fl,
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.
12. 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 franchise
without first securing the written permission to do so upon such
terms and conditions as determined by the Council of Pierce County.
If such permission is granted, the terms and conditions set forth
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Ordinance No. 98-37S, continued
herein shall be binding on the Grantee's successors and assigns
unless others are imposed by the Council ~f Pierce County when such
permission is granted.
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. And this franchise may
be terminated at any time upon ninety 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, amendments, modifications or amplifications and upon
termination Pierce County shall have a lien upon all eguipment and
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Ordinance No. 98-373, continued
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.
Grantee agrees to and shall provide available financial
information to the County upon reasonable request. Grantee agrees to
and shall during regular business hours and at its office located in
Pierce County, Washington, allow agents of Pierce County access for
inspection and reproduction of all of Grantee's business records,
gross revenue reports, or rules and regulations relevant to a
determination of the gross revenues received by Grantee from the area
served by the facilities permitted by this franchise.
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.
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XI
Grantee acknowledges that Pierce county Charter Section 9.:20
franchises provides in part: "Ail franchises shall be subject to ...
the right of the County, or the people acting for themselves through
referendum, to repeal for cause, amend, or modify the franchise in
the interest of the public" and agrees to said condition.
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 thirty 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 thirty days from July 23 ,
19 98 , by THE CITY OF AUBURN, a municipal corporation of the State
of Washington, in writing, is to be filed with the Clerk of the
Pierce County Council and shall be a condition precedent to its
taking effect, and unless the franchise is accepted within such time,
this franchise shall be null and void.
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Ordinance No. 98-37s, continued
Pursuant to RCW 36.55.080, a copy of this franchise shall 10S
recorded in the Office of the Pierce County Auditor.
19 ~ .DATED at Tacoma,/~/~/___W~ng~hie L~ day of ~
Couhty ×ecUtive ·
THE CITY OF AUBURN, a municipal corporation of the State of
Washington, accepts and agrees to comply with all the te~s and
conditions of this franchise. ~
~ - 8/19/98
Namecharles A. Boot~ Date
Title
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9809300233
Pierce County
Office of the County Council
930 Tacoma Avenue South, Room 1046
Tacoma, Washington 98402-2176
(253) 798-7777
FAX {253) 798-7509
1-800-992-2456
STATE OF WASHINGTON
COUNTY OF PIERCE
I, SANDY BASSETT, Deputy Clerk of the Pieme County Council, do hereby cexxify that the
attached is a full, true, and correct copy of the following docUment:
ORDINANCE NO. 98-37S
The original of this document is currently located in the Office of the Pieme County Council,
930 Tacoma Avenue South, Room 1046, Tacoma, Washington 98402.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Pierce
County, Washington, this o~-t~¢ day of ~l,'~B~..g~ . 1998.
PIERCE COUNTY COUNCIL
PIERCE COUNTY, WASHINGTON
Deputy Clerk of the Council
980930023=
HL~IJL I.;LlOfll'~'~ i~
9809300233
· -30q. 38 11:02 ~
F~e ~t: $27.00
Return Address
Sandy Basset, t "
Pierce County Council
930 Tacoum Ave S, Rocm 1046
Tac~, W~ 98402
Please print legibly or ~ype inform~on.
Document "iqtle(s) (Or transactions contained therein):
1.
3-
4~
Grantor(s) (L~st name ~'sc, th~ tint m~ae and
I. ~erce C~
3.
4.
5. ~ Ad~o~ N~ on ~age of D~t
Grantee(s) (Last name flrst, the-n ~L-st name ancl inltlala):
1. ~ce Number 98-37S
2.
3.
4.
5. r5 Additional Names on Pag~ of Documemt.
.Legal Descript/on (Abbreviated: i.a., loc, block, plat; or section, township,
Sections 1, 5, 6, 7, and 8, Township 20, Range 5 East, w.M.
I.~g~ Description is on PaSo 6 of Document.
Reference Number(s) (Of do,:uments xssigne~i or released):
0 Additional Reference Numbers cn Page. of Document
Assessor's Property Tax Parc~-l]Account Number
Not assigned.
'thc AuditoffRecorder will rely on the information provided on th;- cover sheet. The staff wilJ not read
the doc'ume~c to verify the accuracy or completeness o[ the indexing in{ormation provided herein.
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FILE NO. ~ PROPOSAL NO. 98-37S --
Sponsored by: Councilmember Jan Shabro
Requested by: County Executive/Public Works & Utilities Department
ORDINANCE NO. 98~~7R
AN ORDINANCE OF THE PIERCE COUNTY COUNCIL G~NTING THE CITY OP AUBUBN,
A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, A
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, AND
MAINTAIN A SANITARY SEWER PIPELINE SYSTEM OVER, IN,
ALONG, UNDER, AND UPON CERTAXR PUBLIC ROADS AND HIGHWAYS
IN PIERCE COUNTY, WASHINGTON.
WHEREAS, The City of Auburn wishes to expand their sanitary sewer
)ipeline system to areas outside their current City boundaries; and
WHEREAS, The City of Auburn has applied for a nonexclusive
~ranchise to construct, operate, and maintain a sanitary sewe~
pipeline system over, in, along, under, and upon certain public roads
and highways in Pierce County, Washington, as hereinafter set forth;
and
WHEREAS, The criteria for approving franchises has been
considered as outlined in Pierce County Code 12.32.090 and 12.32.100;
and
Page 1 of 3
Exhibit "B" Ordinance No. 5132
City of Auburn
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Ordinance No. 98-37S, continued
WHEREAS, Said application came on regularly for hearing before
the Pierce County Council on the date set forth below under the
provisions of Revised Code of Washington Chapter 36.55; and
WHEREAS, It appears to the Council that notice of said hearing
has been duly given to the public as required by law and that it is in
the public's interest to grant the franchise; NOW, THEREFORE,
BE IT ORDAINED by the Council of Pierce County:
~_9_~- The franchise, a copy of which is attached hereto and
identified as Exhibit "A" and incorporated.by reference, is hereby
given and granted to The City of Auburn, a municipal corporation of
the State of Washington, its approved successors, and assigns,
hereinafter referred to as the Grantee, for a period of five years,
from and after the effective date of this Ordinance to construct,
operate, and maintain a sanitary sewer pipeline system for the
transportation and disposition of sewage in, upon, under, across,
along, and over those certain public roads and highways in Pierce
County, Washington, described within said franchise.
~._C~. The City of Auburn must indicate its full acceptance
of this franchise and all its terms and conditions within thirty days
from the effective date of this ordinance. Said acceptance is to be
in writing and filed with 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.
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Ordinance No. 98-37S, continued
Section 3.
to execute said franchise.
ATTEST:
The Executive of Pierce County is hereby authorized
Approved as to Form Only:
Deputy ~secuting Attorney
day of
~ , 1998.
PIERCE COUNTY COUNCIL
Pierce County, Washington
Council Chair
App/qve~ ' y' ~et~ed
this
1998.
Approved for insurance and bonding requirements:
Ris~Manag~eme~nt~
Date of Publication of Notice of Public Hearing
Effective Date of Ordinance: July 23, 1998
Jtuue 24 & July 1, 1998
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