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HomeMy WebLinkAbout5163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 2 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~. ,9811 020061 1 2 4 5 6 10 .11 12 iA 17 18 19 2O 21 22 23 2A 2~ 25 27 £ 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 i of-2 1 7 8 9 10 12 14 17 !9 20 21 22 23 24 25 26 27 28 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 9812,02,0061 1 2 3 5 6 ~7 8 9 !0 11 !2 13 ia_ 15 17 18 19 2O 2! 22 23 24 25 27 28 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, 9812020061 1 2 EXHIBIT "A" TO 8 !0 11 12 13 !~. 15 17 18 19 2O 21 22 23 24 25 26 27 28 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 / 981 01 0061 1 2 3 4 5 6 7 8 9 16 17 18 19 20 21 22 23 24 25 26 27 28 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 9812020061 3 5 6 7 8 9 ! 10 1! 12 13 !5 !7 18 !9 2O 2~ 22 23 2~. 25 25 27 28 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. 9812020061 9 12 16 17 2O 21 22 27 1 2 3 6 7 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 98~2020061 ! 2 6 7 8 9 ~-0 11 12 13 !5 17 !8 19 20 21 22 23 24 25 25 27 28 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 9812020061 9 1 3 4 5 10 11 12 14 !5 17 19 2O 22 25 26 27 2S "'A" TO_ m/ 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. 26 27 28 - 981202006 6 7 8 9 10 11 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: 26 27 28 ' · ,981202006 1 2 3 5 7 8 9 10 I1 12 13 14 15 !6 17 18 19 2O 21 22 23 2~_ 25 26 27 28 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 - 981202006 5 7 8 10 1! 12 13 14 17 18 19 2O 21 22 23 25 27 28 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. 981202006 1 2 3 4 5 7 $ 10 11 12 15 17 18 19 20 21 22 23 24 25 26 27 28 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 981202006 1 8 9 10 12 13 !4 19 2O 2! 22 23 24 27 28 3 4 7 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. 981202006 1 5 8 9 12 13 15 !6 !7 18 19 20 21 22 23 24 25 26 27 28 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. 9812,02,0 U6 ], 7 8 l0 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 28 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. - 981202006 1 2 3 5 7 8 9 !0 1! 12 !3 15 17 !8 !9 2O 2! 22 23 24 25 26 27 28 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. 98.1202006 1 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 29 26 27 28 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 1 2 3 5 6 7 8 9 10 1! 12 13 !~_ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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