The URL can be used to link to this page

Home My WebLink About5191 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 9 I AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A FRANCHISE IN ORDER TO OBTAIN THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION'S APPROVAL FOR A FRANCHISE AUTHORIZING THE CITY OF AUBURN TO OWN, OPERATE, AND MAINTAIN A SANITARY SEWER SYSTEM OVER, IN, ALONG, UNDER, AND UPON A PORTION OF STATE ROUTE 164, AUBURN ENUMCLAW HIGHWAY, IN KING COUNTY, WASHINGTON PURSUANT TO THE GENERAL PROVISIONS CONTAINED THEREIN. WHEREAS, the Indian Health services has constructed a sanitary sewer main along SR 164, Auburn Enumclaw Highway; and WHEREAS, said sewer system was built for conveying sewage from the Muckleshoot Indian Tribe to the City of Auburn; and WHEREAS, the City of Auburn has requested ownership, from the Muckleshoot Indian Tribe, for that portion of the sewer system extending from Auburn City limits up to and including the sanitary sewer regulatory vault stationed along SR 164, as noted on the City's Application for Utility Permit or Franchise; and WHEREAS, the existing franchise, Washington State Department of Transportation Franchise No. 10234, being held by the Indian Health Services for the Muckleshoot Indian Tribe, cannot be transferred to the City of Auburn; and WHEREAS, the City of Auburn is applying to the Washington State Department of Transportation for a nonexclusive Ordinance No. 5191 December 1, 1998 Page 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 franchise to own, operate, and maintain a portion of the sewer system and appurtenances along SR 164; 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 the Washington State Department of Transportation to own, operate, and maintain a sanitary sewer pipeline system and appurtenances over, in, along, across, under, and upon a portion of SR 164 (Auburn-Enumclaw Highway), King County Washington. A copy of said Application is attached hereto, denominated as Exhibit "A", 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. EFFECTIVE DATE. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5191 Deceraber 1, 1998 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26, INTRODUCED: December 21, 1998 PASSED: December 21, 1998 APPROVED: December 21, 1998 CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynol~ds, City Attorney Published: Ordinance No. 5191 December 1, 1998 Page 3 ~ Washington State Department o! Transportntion North.west Region, Utilities MS 113 PO BOX 330310 · Scat'Jo WA 98133-9710 Application for Utility Permit or Franchise 4;~em~/FranchiseNo. I 10318 Applicant - Please print or type all information Application ~s Hereby Made For. [] Permit [] Category 1 $500.00 ,~ Franchise [] Amendment -~"Category 2 $300.00 [] Franchise Consolidation $300.00 [] C~tegory 3 $150.00 [] Franchise Renewal $250.00 Intended Use of State RiGht of Way is to C..~.~:;:.% Ooerate. and Maintain a: S~teRoute [~ (a~rem)MliePo~ ~.~ toMliePost ~.OO in ~N~ and end in ~e ~ ~/~ S~on ~ Township ~l No~: Range on a portion of County. W-~,,~Sast W.M. %~e~t/East W.M. Fees in the amount cf $ ~)OO' ~" are paid t~ defraY; the basic administrative expense incident to the processing of application according to WAC 468-34 and RCW 47.44 and amendments. The applicant further promises to pay add,anal costs incurred by the Oepar~nent on the behalf of the applicant. Checks orMoney Orders are to be made payable to "Washington State Department of Transportation." AFplic~nt (ReFerr~ to as UUlity) 2.5 W£sT E:rr ¢ T Applicant Authorized Signature Charles A. Booth Pdnt ~' Type Name T'~e Dated this 30th d~y of Decernk~r 1998 Applicant Reference (WO) Number Fed. emi Tax ID Number 0¢ $cc~,1Securff7 Number ~i~'i Authorization to Occupy Only If Approved Below The Washi~y-t~n State Depar~ent ct' Transportation mt'erred to as the 'Deparb'nent,' hereby grants this document (Permr~ ~ Franchise as applicable) subject, to bsa terms an~ canditicns stated in the Genera] Pra'Hs~c. ns, Spec;al Provisions, and Exhibif~ at~c.fled hereto and by this reference made a ~ herecf: Cons~uc~en ~cilifies propcsed under this applic~Uon shall be~in within one year and rnus~ be campisted ~[n three years [mm date of appmv'aJ. ~ m:~:~:<¢ ,';~:~..,,. For Department Use Only Exhib~ Attached Dep.~!nt Approval. EXHIBIT "A"-Special Provisions for Permits and Franchises, pages 1-3. EXHIBIT "B"-Utility Facility Description Form, page 1. DEAN P. HOLMAN T~e: Actinq Ass't. Utilities/Railrnafl Fno Date:s E.xpiratJon Date: Ordinance No. 5191 General Provisions 1. This document is subject, ~o ROW 47.32, RCW 47.44 and WAC 468-34 and amendmer~ thereto. ' 2. .~T~e Utility, ~ successem and asalgn~ agres to indemnify, defend and hold the State of Washington, ~ officem c,alms, demand~ damage~, expensa~ or auit~ that' I adse oct and em n he use of b~e hi hwavrt,~ ..... ::'.( ) of or are ~ncldent to anv ne~linen , . Plnyees harm ess from al g - ~ ...... -y pumuam [o m~s document or t~. ....... - -o a ce by the UhIitv, ~ a~ee~.~ --~-- I ~ COmractom, agents or emp oyess. ,-, ,~ ,..~u. se~ ~ the broach of an)' of the co'~dJtior~ ~n~ac:ors or employees ' · u~ ~ocume~ by the Nothing herein shall require the Utility to indemnify and hold harmle.~ he State of Washington and its officere and damage=, expenses or su~'s based SOlely upon the COndt~t or n em [o that ,r the o aim., demands. ...... ,r_ ?gence tha S' te of Waahingto. ?om demands, ~?.rr~, cortttactcm or emplo ecs and o ,... ~''.L'--'-';'-~?~' ~t'~nses ~ su~ are caused or Cesuit'fmm ~'~."~2" ~"~'~-'=~l~°ye'es and contract, ore · . Y ra ,au . by _ _ . o~a:e of Washangton, it3 acent~ n~,-.,,. ~ ~ . wnoms~ev~, in mnr~c~on wfth Utilil~ll~lk~.~-3zn'~[~c.~n~Re~tlg. enc(~ the extent of the Uti a~,~o .~,,__' ...... ? ,~mp,.c~,,~ and c~ntractom, the indemnity ~r°~;~:s--~---'~-'~.~'a~ ag~. r~sT~ct'f~l:t'~r~' or'.er~b3~:~,~r'~ slra,u~a .~o~ suo~s~^o.](:[ reloads - ,¥, Any action for damages against the $~ate of Washington, its agsnts, officem, ocnb"actcr~ or employee~ arising out of damage= to a u~l~ or other I'ac~l~ located on the h~ghway nght of w-ay shall be subjent lo the provisions of RCW 47.44.'150. The Utility, and cn beha~ of' its asa gnin,~, rents I1 Icat r~enue= incurred by it or its *~-..-~" ---~: -! censees, cont~ctcrs and emi: ~ a~,rees *- ,.-~ - . · damage to Ut~i~.~,,s ,,~ .,.~,.. ~ Z' ~_.agent:s, or er!'tPtoyees e×ca~ the reasanable c~-ts ~. e nght cf W~Y .o.r n the exemise of this docum 3. Whenever necesaa~ for l~e construction, ~p~ir Im · ........... ,~,e mna~ upon wfl~c,h said h ~j h,w-~v is ~,..~,,...~. ~_.a_n~' L"L'"' .ny Port~en of said high'~ay aa ~atermined ~ ~-, h~ghway, or ~ l~a Depart'riehl shall date,-mine hat l~e removal cf any or ail ~aoili'Jes ~rom the said land~ ~ neces~a~, lnc~d·tttal, or ocnve.nient to the ..... .,.~,nra). or pert cf a Itmited e=natruc'J°n' re~r' Jmpr°vement, alterat~oc, or rek3catfon of any p~bllc n=ad or atre,~, the Utility shall, upon ocli _ remove any or ail of such fac~li~e= fr~m said highw-ay as may be required by the Department at the ~le e.~:~ensa of the Ut~t~',/to whom thJ's document is rsaued or their successors and asai~;rrs, ce by ~e De,pa~ent, re.cate or 4. .All such change=, rec~nstruc'Jon, or reloca~on by the Ut~ ~ ~ be done in , S. This doCument shall n~ be de~.med or he!d lo be an excJua,,.re eno and shall nc~ prohibit the C),~rtm~,* ~,- ather publid or pdYate t.~lPde=, nor shall it ~e..,mnt ......... "", grarmng ngn~ of I~ke or o~,~. nat~ or suberv~s~on and car~'o{ ~ all or any pert ct' them. none of wh~h is h~~- he Oepert~te~t from [.,sing any cf ~ marls, ab"ee~, or I~Jblic pFace~, or affect ~ dgnt to f~it 6. ' ' ~'7 .~Jrrendered. The del~artment may revoke, amend, or cencat this permit at any t~me by giving written not ce to he Uti' Tn' Pacil~es I~0m the dgnt of way. Any Pacirfde~ remainin u n h ity e U , "--"~ ¥/~-,mcal[a'dcn Will be r,emc~ed by the Oepar~lent at he e.xpense cf the Ut~lr,.~. g po e~of~y30~attorwrflt,_.n~^,_ .. ~.yshailzmmed,atetyremcvea 7. Any bre=c~ of any ~f the cor~d~or~ and requiren1e~fs h~--~e~n made~ or faijure ~n ~e pert ~f the U~d a~ -~ .`-' ._ _ · , and !n g°°d fa~'r~ wffh ocns'~?'~"~°n w~rk here'Jnder shall aub~ec: this ~nchise to cancellation "'x '"' a~rs ~rancnlse :s pmca,~ with due dihgence heanngtheUtJJ~.'¥shallbaglv~.~.latJeastfOda.~.~wrttten,.,...~ ~.~ . ' aP, eraheadr~befo~... atherlW~se' by Pubtls;llng .a- nc~ce cf sa~d heenng once a w~-~-k ~'or two ocnsac:.it~.e wenk. s in a news . ~,~ ~.'r ~ ccmg busme=s in he State of We=hingtcn; Washrngtcn, ~ last pubhca~dcn to be at lo=at 10 days before b~e date t'~xed for sa~d hearing Faper of generat c,m;tat~cn ~n Thurst,¢n Ccun'~, ~. The UtJJ~fy shall maintain at it~ sclc expense ' Department. he atruc'~re o~ ct3jent i'or wfl~ch th~s document ~s granted ~n a ocn:~cn sa~s factory :o the L Upen~Jlure, negteof OrtefucaloftheUt~litytojm repelm or reconstrt.,.~Jon of aatd '~...~ ~.:.L; me~. xate~y do and perfon, n any chane . and e~bense ~ere~f shall be immediately re~id to the Oel:ar~ent by t~e -- ----. -.,-ef~(e and lo, err'cfm such rec. uirement LrdlW. - , a ..... cc:st O. Upon appr~-at of t~is document, the Lrdl~ty shall dll:igent~/pmca~d w~l he work and c~rnp~, wfth all Pm'v~sh:~a herein. f. Whenever Jt is de~lled i%'c~sam ~,,.....- ~.- _ upon any facilrcY by the Uti ;%- .~"..~"~. ~'~_u"-neflt ancl safety of the tr~,e biic s~gne, v/non the u~e of-,-,- ~-: ~oc'.~me~ any required trafllc c.~ ?,~ d~ - ~ rtrne~ here~y ~ t~e dcht :o ~'-~-~. ...... e.xlra cc~ to be d~ermthed ~n~ by the Oedartrne~ · _ _-y. nstrt.~.ed. The Del=orient shall bear cancaita~on sa herein .om.~ed. w.u~tJT ~ oor'~e~3t shall ba cau~se for N~ e~'x:a,,-~o.n sba, be rrraCe or obatac+- .,-. unxe=a authodzed by bhe O~,,~--- ~ "~ ~,.,,1~ w'n~m ~e llm~ of he $~te high,..,-av in such me ~el~ar~nent may direct to take c~g of said dmin;;e~,e o, ma 3tats h,ghway, the Util~ shall wholly and at its owen expense make All of the w~k shall be done ~o the safl.s f-ac~or~ of the Oedar~nent, and all · ~T?e~.Ut,it~ pledge= hat perfonna,-~ce of re.tine ...... ccat~ recurred by U~e Oepar~erl. t shall be reimb ~.. The L~JI~ hereby ca~fies ;. - . ,T ~_r-~_ ~? ~__ hat the fac.l~ de=cnbed Jn ~s document are in e=mpflance Wffh t~e Control Zone Washington State · Department of Transportation Special Provisions for Permits and Franchises -.geamit/Franchise No. 10318 Applicable provisions are denoted by ([]) No work provided for heroin shall be performed until the Utility is a~thorized by the following Deportment ropresentative: Northwest Region Utilities Engineer 15700 Dayton Avenue North, MS 113 PO Box 330310 Seattle, WA 98133-9710 For preconstmctlon conference call: Gary Ward, Kent, (253) 872-6470 Ig 2. A copy of the perrnit or franchise must be on the job site, and prntected from the elements, at all times during any of the construction authorized by said permit/franchise. [] 3. In the event any mllepcot, right o! way marker, fence or guard rail is located within the limits of this project and will be disturbed during construction, these items will be caroful/y removed prior to construction and reset or replaced at the conclusion of conslruction to the satisfaction of the Deportment. All signs and traffic control devices must be maintained in operation during construction. ~Z 4. Prior to construction, the Utility shall contact the Deportment's representative (listed under Special Provision Number 1 ) to ascertain the location of survey c(~ltrol monuments within the project limits· In the event any monuments will be altered, damaged or destroyed by the project, appropriate action will be taken by the Department, prior to construction, to reference or re~t the monuments. Any monuments altered, damaged or destroyed by the Utility's operation will be reset or replaced by the Deportment at the sole expense of the Ul:ility. Sa' 5. During the construction and/or maintenance of this facility, the Utility shstl comply with the Manual on Uniform Traffic Control Devices for Streets and Highways (Federal Highway Administration) and Washington modifications thereto. If determined neceesar f by the Deportment, the Utility shall submit a signing and traffic control plan to the Deportment's ropresentatlve for approval prior to construCiion or mstntenance operations. No lane closures shell be allowed except as approved by the Department representative. Approvals may cause revision of special provisions, including hours of operation. ~z 6. Any changse or modifications to the approved franchise/permit shall be subject to prior review and approval by the Deportment. The Utility shall · ohfy the Department s representative upon complatlon of the work under th s bermit/franchisa so that a final inspection can be made and shall ~mmediately furnish to the Regional Utilities Engineer a revised franchise or permit plan of the flnst location or relocation of Its facilities if the original pormit/franchisa plans have been revised during the course of construction. I~ 7. Prior to the beginning of construction, a preconstruction conference shati be held at which the Department and the Utility and utility's engineer, contractor, and inspector shall be present. 8. Should the Utility choose to perform the work outlined herein with other than its own forces, a representative of the Utility shall be present at all times unless otherwise agreed to by the Deportment representative. All contact between the Deportment and the Utillty's contractor shall be through the representative of the Utility. Where the Utility chooses to perform the work with its own forces, it may elect to appoint one of its own employees engaged in the construction as its representative. Failuro to comply with this provision shall be grounds for restricting any further work by the Utility within the State right of way until said requirement is met. The Utility, at its own expense, shall adequately police and supervise all work on the above dascribed project by itself, its contractor, subcontractor, agent, and others, so as not to endanger or injuro any porson or property. D 9. The Utility agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the Department's contractor in the performance of his contract. /~ 10. Work within the right of way shall be restricted to between the houra of 9:00 a.m. and 3:30 p.m. , and no work shall be allowed on the right of way Saturday, Sunday, or holidays, unless authorized by the Department. Any lane closures must be submitted for approval in advance of usa. The hours of permitted closure may differ from the above noted hours. [] 11. If determined necessary by the Deportment, any or all of the excavated matedal shall be romoved and replaced with suital~e material as specified by the Deportment. [] 12. Wherever deemed necessary by the Washington State Deportment of Labor and Induatriss and/or the Department for the safety of the workers and the protection of the highway pavement, the sides ol~ the trench (or excavation) shall be adeduately supported to reduca the hazard to workers and prevent any damage by cracks, settlement, etc., to the povement. No other work in the trench or excavation a~rsa will be al/owed until this requiroment is met. 13. All tronches, bering or jacking pits, etc. shall be beckfilled as soon as possible and not left open during non-working hour~,~ unless covered with material of sufficient strength to withstand traffic loads or a roathed of protection approved by the Deportment. DOT Form 224~30 EF Revised 3/98 Page 1 Exhibit "A" Revised 3/98 [] 16, [] 17. [] [] [] [] [] [] 27. [] ' 28. All slopes, slope treatment, top soil, ditches, pipes, etc., disturbed by this operation shall be restored to their original cro~s section and condition. All open trenches shall be marked by warning signs, barricades, lights and if nacessary, flagrnen shall be emproyed i'or the purpose of protecting the troveting public. Roadside operations may be specified by the Department's representative. Where applicable, markers shelt be placed at each right of way line for all crossings and placed every 152.400 meters (500 feet) for longitudinal facilities to include: company name, pipeline or cable identification, telephone number for contact, and the distance from the marker to the facility in meters (feet). Markers shall he placed so as to minimize interference with maintenance operations. Markers shall also be placed at changes in offset distance from right of way line or cantedine of highway. The utility shall install detector tape or cable approximately 300 millimeters (12 inches) above the underground facility. The tape shall conform to the standards of the American Public Works Association Uniform Color Code. In the event that construction and maintenance of the highway facility within the pm:dmity of the utility instsiietldn becomes necessary dudng the period which the Utility will occupy a portion of the dght of way, it is expressly understood that, upon request from the Department's representative, the Utility wirl promptly identify and locate by suitable field markings any and all of their underground facilities so that the Department or its contractor can be fully appdesd et all times of its precise location. 18. The shoulders, where disturbed shall be surfaced with crushed surfacing top course 102(4) mm (inch) minimum compacted depth, or as directed by the Depertment's representative. The surface of the finished shoulder shall slope down from the edge of pavement st the rate ~d5,%~u~n! _e~s_ .othe,rw~,se .directed. The restored shou,~r~sms ~t _r~t_~ h,a. ve any,~tdpa ,or sections less than 0.6 meter (2 feet) 19. Utility facilities or caetags for fecilities crcoS~ng under roadways surfacad with oil, espheit concrete pavement or cament concrete pavement shall be accomplished by use of appropriate equipment to jack, bore, or auger the facility through the highway grade with a minimum depth of 1.52 meters (5 feet) minimum along any point from the top of facility to the finished road grade and a minimum of 1.07 meters (3.5 feet) depth from bottom of ditch to top of facility. Casing requirements for facilities are denoted by special provision 20. Any allowable open trench construction will be spaciflcally provided for by special prevision No. 21, if denoted. 20. Facilitise to be placed within encasement ars specified individusily or in whole on the atteched exhibits. 21. Open trench c°natructldn will ba allowed only et tho~e iocations ldentitied on the plso exhibits ancFor listed co Exhibit(s) , with mstorstion to be performed as ncted on the attached 'Open Cut Detail,' Exhibit 22. The Utility agrees to be responsible for any construction deficiencies as a result of the roadway installation. 23. No routine msintecence of this tacility will be allowed within the limited acoese arsa. 24. Maintenance of this facility will not be permitted from the shoulders, through traffic roadways, or ramps of SR this facility will be by access from and sir service to 25. Conetruotion of this facility will not be permitted from the shoulders, through traffic roadways, or ramps of SR Afl construction ~ will be from 26. B°nd coverege required to ensure proper compliance with all terms and conditions of said permit/frenchise will be fumishl..d by a Blanket Surety Bond held by the Department et the Olympia Service Center. The Utility shall provide to the Department in the amount of $ , a surety bond written by a surety compeny authorized to do business in the State of Washington ~ an escrow account with a bank approved by the Department, prio~r to start of construction, to insure compliance with any and all of the terms and conditions of this permit/frsnchise. Said bondJeccounl', to remain in force for a period ending one year after date of completion of construction, except the Utility shall be required to maintain said bond/account for a period of tw~ years after completion of construction where the instalietldn of the utility facility disturbs the traveled lanes or usable shoulders. The utility agrees to underground the abovaground facilities covered by this franchise in Scenic Classes 'A' and "B', as defined on attached Exhibit(s) either et the time of major reconstruction of the facility, for that portion of facility to he reconstructed, or prior to expiration of this franchise. The Utility agrees to underground the aboveground facilities covered by this franchise in Scenic Clasee~ "A", "AX", 'B", and/or "BX', as defined on attached Exhibit(a) , at the time the pole owner undergrounds its facility. The existing aboveground facility may remain or be relocated as abeveground in Scenic Clseses "AX" or 'BX", if acceptable to the Department. The Utility agrees to underground or relocate aboveground the existing abeveground facilities In Scenio Classes "AX' and "BX", as defined on attached Exhibit(s) , to a kmation acceptable to the Department either at the time of major reconstruction of the line, for the portion of line to be reconstructed, or prkx to the expiration of this franchise. The existing aboveground facilities may remain in their present location if acceptable to the Department. 31. Neutral ccoduutors associated with ciroui~ of 0 to 22 Kilovolts where the neutral is considered to be 0 - 750 Volts may have a vertical clearenca the same as guys and messengers, provided the facility is grounded et each pole at each end of the crossing. 32. The responsibility of the Utility for proper performance, safe conduct, and adequate policing and supervision of the project =shall not be lessened or otherwise affected by Department approval of plans, specifications, or work or by the presence at the work site of Depadment representatives, or by compliance by the Utility with any requests or recommendations made by such represectatives. 33. Al~materisiandw~rkmanshi~sha~c~nf~rmt~thewashingt~nStateDepartment~fTransportati~nStandardSpeci~cati~n~f~rR~ad~B/fdge end Munlcipel Construction, current edition, and amendments thereto, and may he subject to inspection by the Department. 34. Any existing Location I and Location II utility objects wlfl he corrected In accordance with the Control Zone Guidelines. 35. General provision number 18 is hereby superseded and replaced by the following special provision: Any existing Location I and Location II utility objects will be corrected in accordance with the Control Zone Guidelines. 36. The Utility is mspunsible for compflance with sil federal, stete, and local iews pertaining to the disoharge received by the Departmect under this permit/franohise. DOT Form 224-030 EF Revised 3/98 Page 2 Exhibit "A" SPECIAL PROVISIONS FOR PERMITS AND FRANCHISES x37. Franchise 10318 shall supercede Franchise 10234 and Permit 16892 from MP 4.71 to MP 5.26. EXHIBIT "A" page 3 FRANCH/SE 10318