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ORDINANCE NO. 5 I 6 3
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A NEW FRANCHISE AGREEMENT BETWEEN THE
CITY OF AUBURN AND PIERCE COUNTY TO CONSTRUCT, OPERATE AND
MAINTAIN WATER PIPELINES FOR A WATER SYSTEM OVER., IN, ALONG,
ACROSS, UNDER, AND UPON CERTAIN PUBLIC ROADS AND HIGHWAYS IN
PIERCE COUNTY, WASHINGTON I/NTIL SEPTEMBER, 2003.
WHEREAS, the City of Auburn wishes to expand[ their water
line system to areas outside the current boundaries; and
WHEREAS, the City of Auburn has applied to Pierce County
and has been granted a nonexclusive ~ranchise to construct and
maintain water pipelines with appurtenances for a water system
in, across, under, upon, along and over 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. AGREEMENT. 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 water pipelines for a water system over,
in, 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 a copy of
Pierce County Ordinance No. 98-72 approving the franchise is
Ordinance No. 5163
September 30, 1998
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attached hereto denominated as Exhibit "B", and made a part
hereof as though set forth in full herein.
Section 2. AUTHORIZATION. The
authorized to implement such administrative
Mayor is hereby
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: October 19, 1998
PASSED: October
APPROVED: October
19, 1998
19~ 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
Dan-'ielle E. Daskam,
City Clerk
uPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5163
SepteR%ber 30, 1998
Page 2
9[112020061
12-2-D'~ 08:§2 ~
Fo~ P~t: $28.00
Retur~-Address
Sandy Bassett
Pierce County Council
930 Tacoma Ave S, Roc~ 1046
lTacoma, WA 984_02
Please print lecbly or type/nforma~on.
~l OE.6 I 6 1998,
PIERCE COUNTY COUNCIL
Document Title(s) (Or txansactions confined therein):
1. Ordd. nance /U~: ~%o. 72.
3.
4~
Grantor(s) (Last name first, then {iht .:m.. and
1. Pierce County
2.
3.
5. i-t Additional Nam~ on P. age of Document
Grantee(s) (Last n~,~e £rst, then first name and in3r~h):
1. OrdS_vmnce Numt~r 98-72
2.
3.
4.
5. ~J Additiqnal Names on Page of Document.
.Legal Description (Abbreviated: i:k., lot, block, plat; or section, ~o~iv, range):
in Sections 5, 6, 7 & 8, Towr~t~p 20 NoreJq, P~aage 4 l~$t.
Leg-al Description i~ on Page 5 & 6 of Document.
l~.eference Number(s) (Of documents assig=ed or relied):
n/a
~ Ad~do~l Rei~ce N~be~ on Page of D~t
Assessor's Properw T~ P~ceUAcco~t N~ber
Not assi~.
~ Auditor~eeo~er ~1 r~y on ~e ~o~fion molded on ~ cov~ sh~ ~e stuff ~ not
~c ~ment to veH~ ~e ac~ or compI~t~css o{ ~c ~e~n~ ~omdon pro~d~ hcr~.
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£
FILE NO'. 80
Sponsored by:
Requested.by
PROPOSAL NO. 98~72
Councilmember Jan Shabro
County Executive/Public Works and Utilities Department
ORDINANCE NO. 98.75
AN ORDINANCE OF %~ PIERCE COUNTY COUNCIL ~RANTIN~ A NON-EXCLUSIFE
FRANCHISE TO ~k~ CITY OF AUBUI~N, A MUNICIPAL COP-POtATION OF T~
STATE OF WASHINGTON, FOR LOCATION .OF WATER LIN~s ON CERTAIN
COUNTY-OWNED RIG~TS-OF-WAY; AND AD'£aORIZIN~ 'A'~ COUNTY EXECUTIVE~
TO EXE~u~ -A-ZU~ FP~NCHISE.
WHEREAS, The City of Auburn, a municipal corporation of the State
6f Washington, has applied for a non-exclusive franchise to construct,
operate, and maintain a water line system in, across, over, upon,
along, and under certain County roads, highways, and other County
property in Pierce County, Washington, as hereinafter set forth; and
W~IERF2%S, Said application came onreg~larly for hearing before
the Pierce County Council on the date set forth below under the-
provisions of Chapter 36..55, State Session'Laws of 1937; and
WHEREAS, It appears to the Council that notice of said hearing
has been duly given to the public and those interested in providing'
the same service applied for by the applicant .as required by law and
thau it is in th~ public, interest to grant the franchise; NOW,
THEREFORE, BE IT ORDAINEb by the Council of Pierce County:
Section ~. A non-exclusive franchise, a cony of which is
attached hereto and identified'as Exhibit "A", is hereby give~ and
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ORDINANCE NO. 98-72, continued
granted to the City of Auburn, a municipal corporation-of the State of
Washington, hereinafter referred to as the Grantee, for a'period of
five years, from and after the date of filing of the franchis,a to be
granted with the Clerk of the Pierce County Council..
Section ?. The City of Auburn must indicate its full acceptance
of this franchise and all its 'terms and conditions within thi:$ty 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 f~anchise, and
unless the franchise is accepted within such time, this grant of
permission shall be null and void.
Section 3. The Executive 9f Pierce County is hereby authorized
to execute said franchise.
PASSED this /S
day of ~ ~ 1998
ATTEST: PIERCE COUNTY COUNCIL
Pierce County, Washington
Clerk of the-/C6uncil ...... Council Chair
Deputy ~rosecu~i~g Attorney ~App~o_~d ~ 'Ve~ed
~_~ay of ~ this
1998.
Approved s to ~nsurance ~d Bond Retirements Only:
isk M~agement '
PU~LIO~iN~ NO~C~ ~ ~pt~ 2 & 9, 1998
EP~V~ DA~ ~r .28, 1~98
2 of -2
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EXHIBIT "~" TO ORD~N~ NO. qf-7
In the Matter of the Application of
the City of Auburn, a municipal
corporation of the State of-Washington,
for a franchise.to construct, operate
and maintain water pipelines for a
Water System over, in, along, across,
under and upon certain Public Roads
and Highways in Pierce County Washington)
EXHIBIT ,,~.
F-R A N C H I S g
Application of City of Auburn, a municipal corporation of the
State of Washington, for a non-exclusive franchise to construct and
maintain water pipelines with appurtenances for a water systiem 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 ~ ~ ~
.-e_cb. 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, %Tb.-EREFOP. E, IT IS ORD~D, that a franchise be, a~d the same
is hereby given and granted to City .of Auburn, a municipal
corporation of the State of Washingt'on, hereinafter called the
"Grantee, for a term of five (5) years from and after the date of
filing this franchise with the Clerk of the Pierce County Co%mcil.
This franchise is a license for the privilege,, and authority to
construct, maintain, and operate for the said period of time, a water
pipeline with appurtenances for a water system in, acr0s~, u~der,
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EXHIBIT "A" TO
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upon, along and over the public roads and highways in Pierce County,
Washington, to wit:
BEGINNING AT THE E~STERLY MARGIN OF THE BURLINGTON NORTHER_N
P.A!LROAD RIGHT-OF-WAY, A~_~ NORTHERN PACIFIC P~AILROAD
RIGHT-OF-WAY, AT T~.~ NORTH BOUNDARy OF SECTION !, TOWNSHIp 20
NORTH, RANGE 4 EAST, WM.; THENCE EASTERLY ALONG SAID NORTH
BOUNDARY OF SECTION !, TO TF-E NORTH~4EST coRNER OF SECTION 6,
TOWNSHIP 20 NORTH, P.A/~GE 5 EAST, WM.; THENCE EASTERLY ALONG
NORTH BOUNDARy OF SAID SECTION 6 AND ALONG THE NORTH BOUI~-D~_Ry OF
SECTION 5, TOWNSHIP 20 NORTH~ RANGE 5 EAST, WM. TO THE NORTi ~E. AST
COR/~R OF SAID SECTION 5; TR~-NCE SOUTHERLY D--LONG THE EAST
BOU~-DARY OF SAID SECTION 5 TO ~"~ EASTERLY ~t:-RGIN OF 182nd
AVENUE EAST; Tp..~_NCE SOUT~RLy D_LONG SAID EASTERLy FtA-RGIiN OF
182nd AVEN-u-S F-~ST TO ~cIE SOUT~[E~Ly 5L~-RGiN OF !6th STREET EAST,
AK3% NORTH TAPPS ROD,_D; THENCE WESTERLY . ~LONG SAID SOUTHERLY
~ARGIN OF 16th STREET EAST TO A POINT ON THE SOUTH BOUAr.,DD_Ry OF
THE NORTH 30.00 FEET OF T~ NOR ~-T~.AST QU~-RTER OF SECTION 8,
TOWNSHIP 20 NOR~"E, R-m-N'GE 5 '~AST, WM.; THENCE WESTERLY ALONG SAID
SOUTH BOUNDARy OF THE NORTH 30.00 FEET OF THE NORT~..-EJtST QU~-RTER
OF SECTION 8 TO %~F2E SOUghT COP~NER TI-~REOF; THENCE NORTP~RLy
ALONG THE WESTERLY BOUNDARy OF SAID NOR .~m_~A_qT QU~-RTER OF SECTION
8 TO THE NORT'n~EST CORNER T~-.REOF; THENCE WESTERLY D-LONG SAID
NORTH BOLrNDARY OF SECTION 8 TO ~ NORTi~_JIST CORNER OF ~ NORTH
F_~LF' OF TKE NORT~-W~ST QU~-RTER OF SAID NORTH~4EST QUARTER OF
SECTION 8; T}LENCE SOUTHERLY ALONG THE EAST BOUNDARy OF SAID
NORTH HALF OF THE NORTHWE_ST QUARTER OF THE NOR/"n~4EST QUARTER OF
SECTION 8 TO THE SOUT.~-~_AST CORNER THEREOF; TiEENCE WESTERLY D-LONG
/
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EXHIBIT "A" TO,
THE SOUTH BOUNDARY QF SAID NORTH HALF OF THE NORTHWEST QUARTER
OF NORTHWEST QUARTER OF SECTION 8 TO THE SOUTHWEST CORi~ER
THEREOF; THENCE NORTHERLY ALONG T~.~ WEST BOUNDARy OF SAID
SECTION 8 TO-THE SOUTHEAST CORNER OF THE NORTH 330.00 FEET OF
THE NORTH-=~ST QUARTER OF SECTION 7, TOWNSHIP .20 NORTH, .RANGE 5
EAST, WM.; TB~.NCE WESTERLY ALONG ~ SOUTH BOUNDARy OF SAID
NORTH 330.00 FEET OF THE NORTHEAST 'QUARTER OF SECTION 7 TO
SOUTHWEST CORNER THEREOF; THENCE NORTHERLY TO THE SOUT~E~ T
CORNER OF THE SOUT~T~ST QUltRTER OF SAID SECTION 6; TF-.~NCE
WESTERLy ALONG ~ SOUTH BOUNDARy OF SAID SECTION 6 TO
SOTr~n~AST CORNER OF GOVE-RNMENT LOT No. 7 IN SAID SECTION 6;
THENCE NORTHERLy ALONG TF.~ ~--AST BOUNDARY OF SAiD GOVE.RiN~-~EI~T LOT
No. 7 TO THE NORTHEAST CORb~-EK ~-~REOF; THENCE_ W~STERLy .~-~DNG T~
NORTH BOUNDARY OF SAID GOVERNMENT LoT No. 7 TO T~~
MARGIN OF SAID BURLINGTON NORT~-T~T RAILROAD RIGHT-OF-WAY; T~.E.-NCE
NORTHERLY ALONG SAID EASTERLY MARGIN OF TF~" BURLINGTON NORT~.EEN
RAILROAD RIGHT-OF-WAY TO T~ POINT OF BEGINNING.
In the construction and.installations of water system
appurtenances and the excavation of trenches on county roads for the
purposes of laying, relaying, connecting, disconnecting,
repairing mains and pipes and making connections between the same to
the dwellings and othe~ buildings of the consumers, the Grantee shall
be governed by and conform to the general rules adopted by th~ Public
Works and Utilities - Transportation Se--vices of Pierce County,
Washington; and the ~rantee, at no expense to the County, shall
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EXHIBIT "A" TO -
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 therefor issued by the Pierce County Public
Works and Utilities Director (hereinafter "Director"), which permits
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 FURTF~R, the Director
may in his or her discretion re.=uire 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 Direc~zor, the
.County Department of Public Works and Utilities - Transporta:iion
Se-~-vices 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
The water mains and p~pes shall be laid down as directed[ by the
Director at a depth of not. less than ~hirty-six inches below the
surface of the ground along the county roads, and in such a marhner as
not to interfere u~nnecessari!y with the construction of sewer's and
drains, nor with the g~ading of the county roads. All surface
appurtenances to the water system shall be installed or conssructed
as approved by the Director.
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EXHIBIT "A" TO
III
All work done under this franchise shall be done in a thorough
and professional manner. During the laying of water pipes and
conduits and the digging of ~itches therefor, 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 pla~e at all crossings suitable lights in
such a position ~o ~uard against danger, and the Grantee shall be
liable for all proper~y damage or personal injury which may 'be caused
by reason of any injury sustained through its negligence by reason of
any person, animal or. property being injured through a~y negligence
of the Grantee, or by reason.of any damage caused tS-rough ~he ne~!e.ct
to properly ~uard any ditches or trenches dug or maintained by the
Grantee. The Direct0r 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 ~he ~ranting of t~is fr~chlse does not
waive any rights which it now holds or may hereafter acquire and this
'order shall not be construed so as to deprive the County of Pierce of
any powers, rights, or ~rivileges which it now has or may hereafter
&cquire,.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 puz~.ose of
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EXHIBIT "A" TO
constructing and improvigg the same in such a manner as the County of
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 includez but iz not limited to, the
operations Of the Grantee, the Grantee's protective liability,
products-completed operations coverage, broad form b!ar~ket
contractual liability:
Commercial General Liability Insurance
Bodily Injury Liability
Property Damage Liability
$!,000,000 Each
$250,000 Each
or
CO~!NED SINGLE
LIMIT COVERAGE OF
$1,000,000
The ~eneral re.cp~irements of the policy shall contain:
Pierce County is named as an additional insured as respects
in this lease 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
will be furnished to the County prior to the date of non-
renewal, cancellation, or change. Such notice shall be
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sent to the Director, Public Works and Utilities -
Transportation Services, 2401 South 35th Street, Suite 150,
Tacoma, Washington 98409.
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
inclusion of more than one Insured under this policy shall
not affect the rights of any Insured as respects ~uny claim,
suit, or judgment made or brought by or for any other
insured or by or for any e~ployee 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
tliabi'lity beyond the amount or amounts for which the
CO~.Dan~ 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. G~antee agrees to provide
proof of insurance each year to Pierce County.
The Grantee agrees to defend, indemnify, and save harmless
' 9812020061
· .EXHIBIT "A" TO.
Pierce County, its appointed and elected officials and employees,
2 from and against all loss or expense, including but not limited to,
3 judgments, settlements, attorney's fees and costs by reasons of any
4 and all claims and demands upon the County, its elected or appointed
5 officials or employees for damages because of personal or bodily
6 injury including death at any time resulting therefrom, sustained by
7 any person or persons, and on account of damage to ~roDerty including
8 loss of use'thereof, whether such injury to persons or damage to
9 property is due to the negligence of the Grantee, its contractors,
t0 its or their employees or agents, Pierce County, its appointed or
11 elected officers, or its employees or agents, except only sdch injury
12 or damage as shall have been occasioned by the sole negligence of
!3 Pierce County, its appointed or elected officials or employees.
15 If the claim, suit, or'action for injuries, death, or damages as
16 provided for in the preceding paragraph of this franchise agreement
17 is caused by or results from the concurrent negligence of (a) Pierce
18 County or Pierce County,s agents or employees, and (b) the G_ant__,
19 or the Grintee's agent~ or employees, the indemnity provisions'
20 provided for in the preceding paragr_aph of this franchise shall be
21 valid and enforceable only to the extent of the Grantee's negligence.
22
23 Grantee specifically and expressly waives any immunity ~der
24 Industrial Insurance Title 51 RCW, and acknowledges that this waiver
25 was mutually agreed upon by the parties herein.
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EXhibIT "A" TO_
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 their 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 and the County of Pierce shall not be
liable for.any damages or loss to the Grantee by reason of such
termination.
VII
12 If, at any time, a new county road is created' or established,
13 and. constructed, or an existing county road' is reconstructed,
14 realigned, or its grade is changed, or if sewer or. drainage
15 facilities, or any other facilities, within future or existing county
16 road right-of-way are constructed, reconstructed, maintained, or
17, relocated. (all such work to be. called .County. Projects. hereinafter)
18 and if the installation of the facilities as allowed in this
19 franchise} and all supplements and changes thereto, should interfere
20 in any manner with any such county projects then the G~antee at no
21 expense to the Pierce county shall, upon notice, change the location
22 or adjust the elevation of its facilities so that such facilities
23 shall not interfere with such county projects.
24 When relocation of Grantee's facilities are required by such
~5 county projects the following procedures shall be followed:
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EXH[SiT "A" TO
!. 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.
3 o
Grantee shall, when requested by Pierce County ~n
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_
5. Pierce County shall assist Grantee in determinin~ how its
facilities'shatl be relocated. Such assistance by Pierce
County shall include, at a minimum, copies of plans (as
re~ired above) and specifications for such county
projects, and information known to Pierce County 'as to
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EXhibIT "A" 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 s~bject facilities a second time if'
Grantee incorrectly relocated its facili~ies the first
time.
When re.cuested, 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 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 with such a written
schedule shall be Grantee,s duty. In no event shail
relocation of Gran~ee,s faci%ities interfere with
the prosecution of county projects.
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EXHIBIT
8.
"A" TO_ ~- 3~2--'
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 a~
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 a~ents totally free
and harmless from all and any lia~i!ity which may arise
from damages caused by the relocation by Pierce County of
the facilities of Grantee, even if such damages an~
liability arise from the negligence of Pierce County, its
employees, officers, officials and agents.
Grantee hereby inde~uifies and hold harTn!ess 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.
10. 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 difficult to ascertain, and,
therefore, Grantee shall compensate Pierce County for
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EXHIBIT "A" TO_
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 ~n Item 8,
above, by Pierce County in no way relieves Grantee of
completing and/or finalizing the relocation of its
facilities at n~ exp. ense 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
herein shall be binding~ on the Grantee,s successors and assigns
unless others are imposed by the Council of Pierce County when such
permission is granted.
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EXHIBIT "A" TO.
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 Pier~e from granting any othe~ 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 eve_~q; part of them
by the County of Pierce with full power to make the necessary
repairs, changes and alterations in the same'and like maD~a~ 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 sta~u~e,
order of the Washington Utilities and Transportation Commission or
county renu!etlon, ordinance or right-of-way regulation, as may
hereafter be enacted, adopted or promulgated. D~d this franchise may
be terminated at any time upon ninety days written notice to the
Grantee to te_~-minate this franchise if the Grantee fails to comply
with its te-~ms and conditions, or if the Grantee fails to comply witk
such changes, amendments, modifications or amplifications and upon
termination Pierce County shall have a lien upon all equipment and
materials erected or placed under this french%se, which lien may be
enforced to reimburse Pierce County for any reasonable expenses ~nd
payments incurred in terminating this franchise and to cure defaults
by the Grantee.
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EXHiSiTI'A" TO. 6:~ f. ~... ·
Grantee agrees to and shall provide available financial
information to the County upon reasonable re.o~est. Granteeagrees 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 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, ~ny part of such pipes, conduits
and water system 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 ~ny u~nexp, ired period thereof,
and upon ~uch acquirement, this grant and franchise shall immediately
terminate.
XI
Grantee acknowledges that Pierce County Charter Section 9.20
franchises provides in part: "All franchises ~hall 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.
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Any failure to render adequate'service to the patrons of said water
system, or the discontinuance of such water se=vices without fault on
the part of the patron or p~trons 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 ~his
franchise shall be in Pierce County, Washington.
XIV
The full acceptance of this franchise and all its terms and
conditions within thirty days from September 28 , 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, a~d unless the~franchise is accepted within such time, this
franchise shall be null and void.
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EXH ,8[T "A" TO
Pursuant to RCW 36.55.090, a copy of this franchise shall be
recorded in the Office 'of the Pierce County Auditor.
DATED at Tacoma, Washington, this 26th day of OctOber
City of Auburn, a ~%un~ci~al cor0oration of the State of
Washington accepts and agree~ to co~ply with ail the te~--ms and
'conditions of this franchise.
Name
Charles A. Booth
Name Printed
Title
City of Auburn, a municipal co---uoration of the S~ate
of Washington ' -
october 19, 1998
Date
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 certify that the
attached is a full, true, and correct copy of the following document:
ORDINANCE NO~ 98-72
The original of this document is currently located in the Office of the Pierce 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 32'C'L~lday of [/'["~)t!.'['ll/9~"L/ ,1998.
PIERCE COUNTY COUNCIL
PIERCE COUNTY, WASHINGTON
Sandy ,B. as~j~tt
Deputy ~erk of the Council
9812020061
SEC. 01-;20-04
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EXH[ ilT "A" TO..
Pursuant to RCW 36.55.080, a copy of this franchise shall be
recorded in the Office of the Pierce County Auditor.
DATED at Tacoma, Washington, this 26th day of October
~_~e~ourf~ ~kecutive
City of Auburn, M municipal corporation of the State of
Washington accepts and agrees to comply with all the terms and
conditions of this franchise.
Charles A. Booth
Name Printed
M~¥or
Title
City of Auburn, a municipal corporation of the State
of Washington
October 19. 1998
Date