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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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20010706001211
PACIFIC NW TIT CORD 24.90
071061200, 1 V07
KING COUNTY. WA
RECORDER'S CAVFR -gWFFT
Document Title(s) (or transactions contained therein)):
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1. Ordinance No. 5529 (Franchise Agreement) (City of Pacific Ordinance No. 1496)
Reference Number(s) of Documents assigned or released:
❑Additional reference Vs on page _ of document
Grantor(s) (Last name first, then first name and initials)
1. City of Pacific
Grantee: (Last name first) Said dommmit(s) wow filled for
1. City of Auburn rword M Pod Nc NoMw.n TNb w
saoonreodalon ** N Ma not from
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE36-21-4, SE 36-21-4, SW31-21-5
® Additional legal is on page 16 of the document.
Assessor's Property Tax Parcel/Account Number:
312105-9010, 312105-9026, 312105-9036, 362104-9068, 312105-9065, 312105-9064, 312105-9027, 312105-9041, 312105-9025,
665500.0025, 312105-9007, 312105-9008, 312105-9016, 362104-9018, 362104-9045, 3621 D4-9044, 362104-9057, 362104-9059,
335440-0680, 335440-0700, 335440-0705, 335440-0706
❑ Assessor Tax # not yet assigned
ORDINANCE NO. 5 5 2 9
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A NEW FRANCHISE AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF PACIFIC TO CONSTRUCT, OPERATE AND
MAINTAIN A SEWER SYSTEM OVER, IN, ALONG, AND UNDER CERTAIN
PUBLIC ROADS AND HIGHWAYS IN PACIFIC, WASHINGTON UNTIL
MARCH 2026.
WHEREAS, the City of Auburn wishes to extend their sanitary sewer
pipeline system to areas outside of the current boundaries; and
WHEREAS, the City of Auburn has applied to the City of Pacific and has
been granted a nonexclusive franchise to construct, operate and maintain a
sanitary sewer pipeline system over, in, along, and under certain public roads
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d and highways in Pacific, Washington, as hereinafter set forth;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
o Section 1. Agreement. The Mayor of the City of Auburn is herewith
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authorized to execute a Franchise Agreement between the City of Auburn and
the City of Pacific to construct, operate, and maintain a sanitary sewer pipeline
system over, in, along, across, and under certain Public Roads and Highways in
Pacific, Washington. A copy of City of Pacific Ordinance No. 1496 approving
Ordinance No. 5529
April 4, 2001
Page 1
the franchise is attached hereto denominated as Exhibit "A" and made a part
hereof as though set forth in full herein.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 3. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
I adopted and approved and ratified irrespective of the fact that nay one or more
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section, subsection, sentence, clause or phase be declared invalid or
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unconstitutional.
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Ordinance No. 5529
April 4, 2001
Page 2
Section 4. Effective Date. This Ordinance shall take effect and be in
full force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED: AAril 16, 2001
PASSED: April 16, 2001
APPROVED: Wril 16, 2001
CITY OF AUBURN
ca*k4 a, 1� 0 r -1A -
CHARLES A. BOOTH
MAYOR
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tle1 askam Cathy A. Richardson
o Deputy City Clerk
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APP OVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 5529
April 4, 2001
Page 3
CITY OF PACIFIC
WASHINGTON
ORDINANCE NO. 1496
AN ORDINANCE OF THE CITY OF PACIFIC, WASHINGTON
GRANTING A FRANCHISE TO THE CITY OF AUBURN TO
CONNECT, INSTALL, OPERATE, MAINTAIN AND REPAIR A
SANITARY SEWER SYSTEM, FACILITIES, AND APPURTENANCES
IN, OVER, ALONG, ACROSS AND UNDER THE FRANCHISE AREA
FOR THE PURPOSE OF PROVIDING SANITARY SEWER SERVICE.
WHEREAS, in order to maintain control over the use of City of Pacific right-of-ways by
utilities operating within the City of Pacific, it is appropriate to enter into franchise agreements with
such utilities; and
WHEREAS, City of Auburn is such a utility, and has negotiated this franchise agreement
with the City of Pacific acceptable to both parties; and
WHEREAS, the City of Pacific has determined that it is in the best interests of the public to
grant the City of Auburn a franchise for the sole purpose of providing sanitary sewer service,
facilities, and appurtenances in, over, along, across and under the franchise area on the terms and
n conditions set forth in this Ordinance; now, therefore
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Cn THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, DO ORDAIN AS
FOLLOWS:
U SECTION 1 DEFINITIONS
I Where used in this franchise ("Franchise"), the following definitions shall apply:
N 1.1 "Franchisee" means the City of Auburn, a Washington municipal corporation, and
its respective successors and assigns.
1.2 "City" means the City of Pacific, a Washington municipal corporation.
1.3 "Franchise Area" means all of the public roads, streets, avenues, alleys, highways,
grounds and rights-of-way of the City as now laid out, platted, dedicated or improved; and any and
all public roads, streets, avenues, alleys, highways, grounds, and rights-of-way that may hereafter
be laid out, platted, dedicated or improved within the area as described with Exhibit "A" attached
hereto, which is by this reference incorporated, as if fully set forth herein; provided, that the
Franchise Area shall not include or convey any right to Franchisee to install facilities on or to
otherwise use City owned or leased properties outside the Franchise Area.
1.4 "Facilities" means the Franchisee's sanitary sewer system, lines, mains,
appurtenances, and all other necessary or convenient facilities for the purpose of providing sanitary
sewer service.
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sewer utilityXpacific franchiseSApri1 6, 2001 1 of 11
1.5 "Ordinance" means this ordinance setting forth the terms and conditions of the
franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this ordinance, the City grants to the Franchisee the
right for the construction and installation of sanitary sewer pipeline, appurtenances and the
excavation of trenches on City roads for the purposes of constructing, installing, operating,
maintaining, removing, and replacing mains and pipes and making connections between the same
to the dwellings and other buildings of the consumers, the Franchisee shall be governed by and
conform to the general rules adopted by the Public Works Department of the City of Pacific, and
the Franchisee, at no expense to the City, shall complete all such work and shall replace and
restore the City roads to a condition reasonably comparable to the condition of the City roads
existing immediately prior to such disturbance; PROVIDED, HOWEVER, that no such work shall
be done prior to the obtaining of a permit therefor issued by the City's Public Works/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.
If the Franchisee does not repair the City roads to the satisfaction of the Director, the City may, at
its sole discretion, repair such City roads, or cause them to be repaired, and the Franchisee hereby
agrees to reimburse the City for the cost of such work, including overhead costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect for a period of twenty-five (25) years from
the effective date of this Ordinance; provided, that this Franchise shall not take effect and the
o Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Ordinance.
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SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
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N The full acceptance of this Franchise and all of its terms and conditions shall be filed with the City
Clerk within forty-five (45) days from the date of this Ordinance, by the Franchisee. Full acceptance
of this Franchise is a condition precedent to its taking effect, and unless this Franchise is accepted
within the time specified, this grant will be null and void and have no force or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for other
public or private utilities in, over, along, across, and under any City property, including the
Franchise Area. This Franchise does not prevent or prohibit the City from constructing, altering,
maintaining or using any of the Franchise Area. The City retains full power to make all changes,
relocations; repair, maintenance or other work to or in the Franchise Area as the City deems fit.
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SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and rights-of-
way in which the City has an actual interest. It is not a warranty of title or of interest in City road
rights-of-way. None of the rights granted to the Franchisee shall affect the jurisdiction of the City
over City road rights-of-way or the City's power to perform work upon its roadways, rights-of-way
or appurtenant drainage facilities including by constructing, altering, renewing, paving, widening,
grading, blasting or excavating.
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has or may later
acquire in the future to regulate the use of and to control the City road rights-of-way covered by this
Franchise. The City reserves the right and power at all times to exercise its police powers with
respect to the time, manner and location of the placement of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to the
exercise of eminent domain. In the event of an exercise of eminent domain by the City, the value
to be attributed to all the rights and interests granted under this Franchise shall not exceed the
actual amount the Franchisee paid to the City in obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City will not be
held liable for any damages or loss to the Franchisee by reason of such vacation. The City may,
after giving thirty (30) days written notice to the Franchisee terminate this Franchise with respect
to any City road or rights-of-way vacated.
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SECTION 10 ENFORCEMENT
The City's failure to enforce any provision of this Franchise does not constitute a waiver of its right
to enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITY AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its appointed
o and elected officials, and its employees and agents from and against liability for all claims, actions,
N injuries, demands, liabilities, losses, costs, damages and judgments, including costs of defense
thereof, (collectively referred to as "damages") for injury to persons, death or property damage
caused by, arising out of, or incidental to the Franchisee's exercise of the rights and privileges
granted by this Franchise, except for damages caused by or arising out of the City's sole
negligence. In the event that any such claim or demand for damages is presented to or filed with
the City, or if any suit or action is initiated against the City based on such claims or demands for
damages, the City shall promptly notify the Franchisee of the claim, demand, suit or action and the
Franchisee shall have the right, at its election and its sole cost and expense, to settle and
compromise such claim, demand, suit or action, or defend the same at the Franchisee's sole cost
and expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the Franchisee
agrees to defend, hold harmless and indemnify the City to the maximum extent permitted under that
statute, and specifically for the Franchisee's negligence concurrent with that of the City to the full
extent of the Franchisee's negligence.
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SECTION 12 INSURANCE
12.1 The Franchisee being a municipality in the State of Washington shall be self-
insured through the Washington Cities Insurance Association (WCIA). If required by Pacific,
Auburn shall request the WCIA to provide Pacific with a letter sent from the WCIA evidencing such
an insurance policy to be in force.
12.2 The insurance shall be maintained in full force and effect at the Franchisee's sole
expense throughout the term of the Franchise. The City shall be given at least forty-five (45) days
written notice that the Franchisee is no longer a member of the WCIA. Such notice to the City shall
be by certified mail, sent to City of Pacific; Public Works Dept.; 100 3rd SE; Pacific, Washington
98047
12.3 The coverage provided by Auburn's insurance policies shall be primary to any
insurance maintained by Pacific except as to losses or damages attributable to the sole negligence
of Pacific. Any insurance maintained by Pacific that might relate to this Franchise shall be in
excess to Auburn's insurance and shall not contribute with or to it. Pacific has no obligation to
report occurrences to the insurance companies unless a claim is filed with Pacific's City Council;
r and Pacific has no obligations to pay Auburn's premiums.
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12.4 The Franchisee shall be solely and completely responsible to perform all work
related to this Franchise in compliance with all applicable federal, state, county and city statutes,
rules, regulations, ordinances, orders and codes. The Franchisee's attention is directed to the
requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The
Franchisee shall be solely and completely responsible for safety and safety conditions on its job
sites and for its work within the Franchise Area, including the safety of all persons and property
during performance of any works therein. The services of the City or City's consultant personnel
in conducting construction review of the Franchisee's work relating to the Franchise is not intended
to include review of the adequacy of the Franchisee's work methods, equipment, scaffolding, or
trenching, or safety measures in, on or near such Franchise Area or job site. The Franchisee shall
provide safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes, ordinances, rules, regulations, and the Franchise.
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SECTION 13 INSTALLATION, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all existing
Facilities that it owns within the Franchise Area, including any damage caused directly or indirectly
by its Facilities, all appurtenant Facilities and service lines connecting its system to users, if the City
requires such repair for any reasonable purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or relocate
existing Facilities within the Franchise Area, including all appurtenant Facilities and service lines
connecting its system to users, if the City determines such adjustment, removal or relocation is
reasonably necessary to allow for an improvement or alteration planned by the City. The City shall
give the Franchisee written notice of such requirement as soon as practicable. The written notice
shall include all available information, such as plans and specifications, as is reasonably necessary
for the Franchisee to plan for such adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and repaired
within the Franchise Area so as to provide safety of persons and property, and not interfere with
the free passage of traffic, all in accordance with the laws of the State of Washington, and the
ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program, in addition
to any other notice given to the Franchisee, the City shall provide a vertical and horizontal profile
of the roadway and drainage facilities within it, both existing and as proposed by the City, and the
proposed construction schedule. The initial design information shall be given at least thirty (30)
days before construction is scheduled to begin, except in cases of urgent construction or
n emergencies. The Franchisee shall respond to this notice, and to any later notices of revised
- designs, within twenty (20) days of the date of the notice, by providing to the City the Franchisee's
best available information as to the location of all the Franchisee's Facilities, including all
appurtenant Facilities and service lines connecting its system to users and all Facilities that it has
�> abandoned, within the area proposed for the project.
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13.5 The City shall offer the Franchisee the opportunity to participate in the preparation
of bid documents for the selection of a contractor to perform the public works project as well as all
required adjustments, removals or relocations of the Franchisee's Facilities. The City shall have
`" sole authority to choose the contractor to perform such work. Such bid documents shall provide for
an appropriate cost allocation between the parties. In addition to the Franchisee's allocation of
contractor costs, the Franchisee shall reimburse the City for all costs, to include but not be limited
to legal, engineering, inspections, administration and/or soils testing, related to the Franchisee's
work and reasonably incurred by the City in the administration of such joint construction contracts.
Such costs shall include the direct salary cost of the time of City professional and technical
personnel, including the City's consultants, spent productively engaged in such work, plus overhead
costs at the standard rate charged by the City on other similar projects.
13.6 It is understood that emergency situations may arise that could threaten public
health and/or continued operation of the Franchisee's utility system and the Franchisee may be
unable to notify the City in the manner prescribed in Section 14 of this Franchise. In such a
situation the Franchisee shall immediately correct the hazardous situation and continue to use best
efforts to contact the City staff. The Emergency Phone Number for the City of Pacific is 253-929-
1110, and the City of Auburn is 253-931-3048. Dialing 911 is advised for emergency situations.
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SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City road rights-
of-way for the purpose of constructing, installing, operating, maintaining, replacing or repairing its
Facilities on the condition that it obtains construction, excavation, and right-of-way use permits
issued by the City. Any work performed, whether by Franchisee, its contractors, or third parties,
shall include necessary paving, patching, grading and any other reasonably necessary repair or
restoration to the City rights-of-way. All work shall be done to the City's satisfaction.
14.2 All equipment, lines and appurtenances which are used in the construction,
installation, operation, maintenance or repair of the Franchisee's Facilities and which are located
within the City road rights-of-way and owned by the Franchisee shall be considered to be part of
the Franchisee's system and shall be the responsibility of the Franchisee. All permits for the
construction, installation, operation, maintenance or repair of the Franchisee's system shall be
applied for and given in the name of the Franchisee, who will be responsible for all work done under
the permit. The Franchisee remains responsible whether the work is performed by the Franchisee,
its contractors, or by third parties.
14.3 When required by the Public Works Director, the Franchisee shall post a bond to
the City in the amount sufficient for any road repair or restoration. The amount of the bond shall
be set by the City and must be filed with the City before a permit will be issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall conform to all
City ordinances and requirements including, but not limited to, Chapter 13.12 PMC and the City's
Road Standards in force when the work is performed. All traffic control shall conform to the current
o edition of the Uniform Traffic Control Devices in force when the work is performed.
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in a condition reasonably comparable to
the condition of the City roads rights-of-way existing immediately prior to such disturbance. If the
o Franchisee, its contractors, or third parties working under permit should fail to diligently restore City
road rights-of-way to the satisfaction of the City, the City may make such repairs or restorations as
are necessary to return the City road rights-of-way to a condition reasonably comparable to the
condition of the City roads rights-of-way existing immediately prior to such disturbance. Upon
presentation of an itemized bill for repairs or restorations, including all applicable costs, both direct
and indirect, to include but not be limited to the cost of labor, tools, materials and equipment, the
Franchisee shall pay the bill within sixty-five (65) days.
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the Franchisee
under this Franchise for a period of two (2) years from the date the City approves the work and/or
restoration.
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this ordinance, the Franchisee shall provide the City with all information
requested by the City regarding the location of the Franchisee's current Facilities, including but not
limited to copies of all record drawings for such Facilities. If the Franchisee performs any work to
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install, repair, reconstruct, or replace Facilities in the Franchise Area after this ordinance's effective
date, the Franchisee shall provide the City with all information requested by the City regarding the
location of those Facilities, including but not limited to copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the City plans
to make excavations in the Franchise Area, the party planning such excavation shall provide written
notice to the other of the planned excavation, affording the other party the opportunity to share in
the excavation; provided, that (1) such joint use shall not unreasonably delay the work of the party
causing the excavation to be made, (2) such joint use shall be arranged and accomplished on
terms and conditions satisfactory to both parties, and (3) either party may deny such request for
safety reasons.
SECTION 20 REIMBURSEMENT OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative expenses
incurred by the City which are directly or indirectly related to the receipt, review and approval of this
Franchise. In the event of non-payment thereafter, the Franchisee shall pay the City's reasonable
attorneys' fees and other costs incurred in collecting such amount. Payment must be made within
sixty-five (65) days of the Franchisee's receipt of the City's bill/invoice. If payment is not paid in full
within the sixty-five (65) days, this Franchise shall become null and void.
SECTION 21 BLASTING REQUIREMENTS
-- The Franchisee's right to construct, install, operate, maintain and repair Facilities does not preclude
the City, its agents or contractors from blasting, grading, or doing other road work contiguous to the
Franchisee's Facilities. When practical, the City shall give the Franchisee forty-eight (48) hours
notice of blasting or excavating.
SECTION 22 SURVEY MARKERS AND MONUMENTS
o Before any work is performed under this Franchise, the Franchisee shall establish two or more
reference marks to all monuments and markers of every nature relating to subdivisions, plats,
o rights-of-way, and all other surveys. The reference points shall be located so that they will not be
disturbed during any of Franchisee's operations under this Franchise. The method of referencing
monuments or other markers or points shall be approved by the City before placement. The
replacement of all markers or monuments disturbed during any construction of the Franchisee shall
be made as promptly as conditions permit. The cost of monuments or markers lost, destroyed, or
disturbed and the expense or replacement with approved markers or monuments shall be borne
by the Franchisee.
SECTION 23 RESERVATION OF RIGHTS
23.1 The City reserves the right to impose a utility tax on the Franchisee, and/or to
charge the Franchisee a reasonable fee for services provided or rights granted under this
Franchise, to the extent authorized by law.
23.2 The Franchisee agrees that it shall be subject to all authority now or later
possessed by the City or any other governing body having competent jurisdiction to fix just,
reasonable and compensatory rates for services under this Franchise.
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23.3 The City reserves the right, upon thirty (30) days written notice to the Franchisee,
to amend or modify the provisions or conditions of this Franchise to conform to any state, county,
federal, or City statute, ordinance, rule or regulation. The City may terminate this Franchise upon
thirty (30) days written notice to the Franchisee if the Franchisee fails or refuses to comply with
such amendment or modification.
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written consent of the
City. No assignment shall be effective unless an acceptance by the assignee of all rights,
conditions, terms, provisions and responsibilities contained within the Franchise, as well as surety
bonds which the City deems necessary to be posted, are received. The City's approval of the
assignment may be made subject to the assignee's acceptance of new or modified terms of the
Franchise.
SECTION 25 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under this
Franchise, the City may provide the Franchisee with written notice of the City's intent to revoke the
Franchise if the Franchisee's failure is not cured within thirty (30) days of the date of the notice.
During the thirty (30) days following the date of the notice, the Franchisee shall have the
opportunity to remedy the failure to comply. A public hearing shall be scheduled before the Pacific
City Council at least thirty (30) days following the notification on the issue of the revocation. If at
the hearing, the City Council finds that grounds exist to revoke the Franchise under this paragraph
and that the revocation is in the public interest, the City Council may by ordinance revoke the
Franchise. The revocation shall be effective ninety (90) days after the public hearing.
SECTION 26 EXPIRATION AND RENEWAL
26.1 If the Franchisee requests a renewal of this Franchise prior to its expiration date,
c7' the City may, at the City's sole discretion, extend the term of this Franchise for up to one year
beyond the expiration date to allow for processing of the renewal. If the City elects to extend the
term of this Franchise, written notice of the extension shall be provided to the Franchisee prior to
the Franchise expiration date.
0 26.2 If the Franchisee has not requested a renewal of this Franchise prior to its
N expiration date, the City has the right, upon thirty (30) day's prior notice to the Franchisee, to
remove or relocate any of the Franchisee's Facilities as is reasonably necessary for the public's
health, welfare or safety, or for the construction, alteration, or improvement of the Franchise Area,
or for the construction or installation of lines or facilities of other franchise holders. The Franchisee
shall be liable for costs incurred in any removal or relocation of the Franchisee's Facilities under
this section.
26.3 Upon the expiration of this Franchise, the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchisee's existing facilities in the
Franchise Area, but shall not have the right to provide additional services. This Section and
Sections 11, 13, 14, 15, 16, 19, and 22 of this Franchise shall continue in force until such time as
the Franchisee's Facilities are removed from the Franchise Area or abandoned in place with
approval of the City.
SECTION 27 COMPLIANCE WITH LAWS
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The Franchisee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act and the City's Environmental
Standards and Ordinances.
SECTION 28 NON-DISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this Franchise, there shall be no
discrimination against any employee or applicant for employment because of sex, sexual
orientation, age, race, color, national origin, marital status or the presence of any sensory, mental,
or physical handicap, unless based upon a bona fide occupation qualification. No person shall be
denied or subjected to discrimination in receipt of the benefit of any services or activities made
possible by or resulting from this agreement on the grounds of sex, sexual orientation, race, color,
national origin, age, except minimum age and retirement provisions, marital status, or the presence
of any sensory, mental or physical handicap.
SECTION 29 NOTICE
Any notice or information required or permitted under this Franchise may be sent to the following
addresses unless otherwise specified:
City of Pacific:
City Public Works Administrator
100 - 3rd Avenue SE
Pacific, Washington 98047
253-833-2856
City of Auburn:
C_� City Engineer
1 25 West Main Street
C= Auburn, WA 98001-4998
253-931-3010
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o SECTION 30 ATTORNEYS' FEES
If either party commences litigation against the other party relating to the performance or alleged
breach of this Franchise, the prevailing party shall be entitled to all costs, including reasonable
C14 attorneys' fees incurred, relating to such litigation, including those incurred in any appeal.
SECTION 31 SEVERANCE
If any term, provision, condition or portion of this Franchise is held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Franchise which shall continue in full force
and effect, unless the dominant purpose of the Franchise would be prevented or the public interest
would no longer be served, as determined by the City.
SECTION 32 EFFECTIVE DATE
This ordinance having been introduced at least five days prior to its date of passage and submitted
to the city attorney, and being approved by at least a majority of the entire city council at a regular
city council meeting, shall take effect and be in force five days after its passage, approval and
publication as required by law.
SECTION 33 EXISTING UTILITIES
CHE 3.26.01 #1496
sewer utility\pacific franchise\April 6, 2001 9 of 11
This Franchise shall govern Franchisee's, City of Auburn, new and existing sewer Facilities within
the City of Pacific.
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PASSED by Pacific's City Council this oZ� day of 2001.
APPROVED by Pacific's Mayor this 2 day of 2001.
ATTEST/AUTHENTICATE:
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HOWARD ERICKSON, Mayor
City of Pacific
CATHY HARSTAD-EVERETT, Pacific City Clerk Date
APPROVED AS TO FORM:
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BRUCE DISEND, Pacific City Attorney Date
CHE 3.26.01 #1496
sewer utility\pacific fmnchiseWpnl 6, 2001 10 of 11
THE CITY OF AUBURN, a municipal corporation of the State of Washington, accepts all the rights,
privileges and duties of this franchise subject to all terms, conditions, stipulations and obligations
contained herein.
PASSED by Auburn's City Council this 16th day of April , 2001.
APPROVED by Auburn's Mayor this 16th day of April , 2001.
A, Lie
CHARLES A. BOOTH, Mayor
City of Auburn
ATTEST:
DANI LLE E. DASKAM, Auburn City Clerk Date
D AS TO FORM:
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o MICHAEL J. REYNOLDS, Auburn City Attorney
FILED WITH THE CITY CLERK:
PASSED BY PACIFIC'S CITY COUNCIL:
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EFFECTIVE DATE:
PACIFIC ORDINANCE NO:
AUBURN ORDINANCE NO: 5529
CHE 3.26.01 #1496
sewer utility\pacific franchise\April 6, 2001 11 of 11
CJI
Date
EXHIBIT "A"
Description of Franchise Area
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M.
LYING EAST OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF
WAY.
TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF
SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. LYING EAST
OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY.
TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., ANNEXED TO
THE CITY OF PACIFIC BY CITY OF PACIFIC ANNEXATION ORDINANCE
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NUMBER 319.
a TOGETHER WITH THAT PORTION OF ELLINGSON ROAD ANNEXED TO
THE CITY OF PACIFIC BY CITY OF PACIFIC ANNEXATION ORDINANCE
o NUMBER 319; SITUATE IN THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. AND THE SOUTHEAST
QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M.
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N ALL OF THE ABOVE DESCRIBED PARCELS OF LAND SITUATE IN THE
CITY OF PACIFIC, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit 'A ® FEOUESMo
a,«h 2001SCALE = Pacific Franchise ���^ pTMUWS
PACF. 2 OF