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HomeMy WebLinkAbout2782 ] RESOLUTION NO. 2 7 8 2 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A NEW FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO 5 CONSTRUCT, OPERATE AND MAINTAIN A WATER SYSTEM IN COUNCIL DISTRICTS 7, 9 AND 13, UNTIL YEAR 2021, AND A SHORT TERM FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A SEWER SYSTEM IN 7 COUNCIL DISTRICT 7, 9 AND 13 UNTIL MARCH, 1998. 8 9 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 10 REGULAR MEETING DULY ASSEMBLE, HEREWITH RESOLVES THAT: 11 12 13 SECTION 1. AGREEMENT The Mayor of the City of Auburn is 14 herewith authorized to execute a Franchise Agreement between 15 the City of Auburn and King County to construct, operate and 16 maintain a water system in Council Districts 7, 9 and 13, 17 until year 2021, and a short term franchise to construct, 18 19 operate and maintain a sewer system in Council Districts 7,9, 20 and 13 until March, 1998. A copy of said Agreement is 21 attached hereto, denominated as Exhibit ~A", and a copy of 22 King County Ordinance No. 12473 approving the franchise is 23 24 25 26 Resolution No. 2782 November 14, 1996 Page 1 ] attached hereto denominated as Exhibit "B", and made a part 2 hereof as though set forth in full herein. 4 5 SECTION 2. AUTHORIZATTON. The Mayor is hereby 6 authorized to implement such administrative procedures as may 7 be necessary to carry out the directires of this i"egislation. 8 /~d of~~~l, 19 DATED and SIGNED this ay 96. 9 10 CITY OF AUBURN 11 12 CHARLES A. BOOTH ]4 MAYOR ATTEST: 15 Robin Wohlhueter 18 City Clerk ]9 APPROVED AS TO FORM: 20 r 22 Michael J. Reynolds, 23 City Attorney 24 25 26 Resolution No. 2782 November 14, 1996 Page 2 12473 FRANCHISE NO. In the matter of the application for a franchise to operate, maintain, repair, and construct water mains and service lines, and appurtenances in, over, along, and under County roads and rights-of-way in King County, Washington. The application of the CITY OF AUBURN for a franchise to operate, maintain, repair and construct water mains and service lines, and appurtenances in, over, along, and under County roads and r' his-of-way located within the area described in attached Exhibit "A" has been heard on this .~0[f~ day of ~5'~?pTt~yn l;-r~,._, 19 e~. All of the property described in Exhibit "A" lies outside the limits of any incorporated Town or City. Legal notice of the franchise application and of the hearing has been given as is required by law. The King County Council, having considered the interests proposed and advanced, and finding that the granting of this franchise is in the public interest, ORDERS that a franchise be granted to the CITY OF AUBURN, the Grantee, subject to the conditions set forth in Exhibit "B" attached hereto, this franchise and Ordinance No./~qT~.. This franchise grants the right, privilege, authority and franchise to operate, maintain, repair and construct mains and service lines and appurtenances as a part of its distribution system in, over, along, and under County roads and rights-of-way located within the area described in Exhibit "A" . This franchise is granted subject to all of the terms and conditions contained here~n, within Ordinance No. Exhibit "B", and shall expire in twenty-five years on f/3~ ,20~/. KING COUNTY, WASHINGTON BY__~ .~~ ,~, TITLE The undersigned accepts all the rights, privileges, and duties of this franchise subject to all terms, conditions, stipulations, and obligations contained herein, within Ordinance/,,,I~ 73 and Exhibit CITY OF AUBURN GRANTEE TITLE Dated this c~(-o"(d'day of 0'LgO V~.,~c~ ,19 q {~. 1247 3 ' Exhibit "A" Beginning at the northwest comer of the George E King Donation Land Claim No. 40 situate in Section 31, Township 22 North, Range 5 East, W.M. also known as the southeast corner of the R H Beatty Donation Land Claim No. 37 and No. 44 situate in Section 31, Township 22 North, Range 5 East, W.M. and in Section 36, Township 22 North, Range 4 East, W.M.; Thence westerly along the south boundary of said R H Beatty Donation Land Claim No. 37 and 44 and the south boundary of the John M. Thomas Donation Land Claim No. 42 situate in Section 36, Township 22 North, Range 4 East, W.M. to the easterly boundary of the corporate city limits of the City of Auburn as described in the City of Auburn annexation Ordinance No. 4770; Thence northerly along said easterly boundary of the corporate city limits, 49.5 feet; thence easterly along a line parallel with said south boundary of the John M Thomas Donation Land Claim No. 42 an the south boundary of said R H Beatty Donation Land Claim No. 37 and 44 to the east boundary of said R H Beatty Donation Land Claim No 37 and 44; Thence easterly along a line parallel with and 49.5 feet north, measured at right angles of the north boundary of said George E King Donation Land Claim No. 40, and along said parallel line extended easterly, to the thread of the Green River; Thence southerly along said thread of the Green River to the north boundary of said George E King Donation Land Claim No. 40, extended easterly; thence westerly to the point of beginning. Together with: Beginning with the northwest corner of Section 5, Township 21 North, Range 5 East, W.M. Thence easterly along the north boundary of said Section 5 to the thread of the Green River as described in the City of Auburn Annexation Ordinance No. 2511; Thence southerly along said thread of the Green River to the south boundary of Government No. 4, situate in Section 5, Township 21 North, Range 5 East, W.M., extended westerly; Thence easterly along said south boundary to the easterly margin of the Green River Road and the westerly boundary of the City of Auburn Annexation No. 4710; Thence northerly along said westerly boundary of the City of Auburn Annexation No. 4710 to the north boundary of the south 30.00 feet of Section 32, Township 22 North, Range 5 East, W.M.; Thence westerly along said north boundary to said thread of the Green River as described in the City of Auburn Annexation Ordinance No. 2511; Thence southerly along said thread of the Green River to said north boundary of Section 5. Together with: Beginning at the southwest corner of the S E 1/4 of the S W 1/4 of Section of Section 32, Township 22 North, Range 5 East, W.M.; Thence northerly along the west boundary of said S E 1/4 of the S W 1/4 of Section 32 to the north boundary of the South 30.00 feet of said Section 32; Thence easterly along said north boundary of Section 32 and along the north boundary of the south 30.00 feet of Section 33, Township 22 North, Range 5 East, W.M. to the west boundary of the east 285 feet of the S W 1/4 of said Section 33 as measured along the south boundary of said Section 33; Thence southerly along said west boundary to said south boundary of Section 33; Thence southerly along a line parallel with the east boundary of the West 1/2 of Section 4, Township 21 North, Range 5 East, W.M.; Thence easterly parallel with the north boundary of said Section 4, a distance of 100 feet; Thence southerly parallel with said east boundary of the West 1/2 of Section 4, a distance of 114.00 feet; Thence easterly parallel with said north boundary of Section 4, a distance of 155.00 feet to the west boundary of the east 30.00 feet of said West 1/2 of Section 4; Thence southerly along said west boundary of the east 30.00 feet to the south boundary of the North 1/2 of the South 1/2 of said Section 4; Thence easterly along said south boundary and along the south boundary of the North 1/2 of the South 1/2 of Section 3, Township 21 North, Range 5 East, W.M. to the northwesterly margin of Primary State Highway No. 2, also known as State Route 18; Thence southerly and westerly along said northwesterly margin to the easterly corporate 3 12473 city limits of the City of Auburn; Thence northerly and westerly along said easterly corporate city limits of the City of Auburn to the south boundary of Government Lot No. 4 in Section 5, Township 21 North, Range 5 East, W.M. extended westerly; Thence easterly to the southeast corner of said Government Lot No 4; Thence northerly to the point of beginning. Together with: Beginning at the southwest corner of the N E 1/4 of the S W 1/4 of Section 21, Township 21 North, Range 5 East, W.M., said point located on the easterly corporate city limits of the City of Auburn; Thence northerly along said corporate city limits of the City of Auburn to the southeasterly margin of said Primary State Highway No. 2, also known as State Route No. 18; Thence northeasterly along said southeasterly margin to the thread of the Green River; Thence southeasterly along said thread of the Green River to the east boundary of Section 26, Township 21 North, Range 5 East, W.M.; Thence southerly along said east boundary of Section 26 and southerly along the east boundary of Section 35, Township 21 North, Range 5 East, W.M. to the southeast corner of said Section 35; Thence westerly along the south boundary of said Section 35 to the thread of the White River and the easterly corporate city limits of the City of Auburn; Thence north and westerly along said easterly corporate city limits of the City of Auburn to the point of beginning. Together with: Beginning at the southwest corner of Section 36, Township 22 North, Range 4 East, W.M.; Thence northerly along the westerly boundary of said Section 36 to the northerly margin of South 277th Street, also known as 52nd Street N W, which is the southerly corporate limits of the City of Kent; Thence easterly along said northerly margin of South 277th Street and along the southerly corporate limits of the City of Kent and along the northerly corporate limits of the City of Auburn to the westerly margin of Auburn Way North; Thence southeasterly along said westerly margin 2100 feet, more or less, to the westerly corporate city limits of the City of Auburn as described in the City of Auburn Ordinance No. 2511; Thence southerly along said westerly corporate city limits to the southerly boundary of the W A Cox Donation Land Claim No. 38 and 41; Thence westerly along said southerly boundary to the easterly boundary of the Plat of White River Valley Home Tracts as recorded in Volume 13 of Plats, Page 17, records of King County, Washington; Thence northerly along said easterly boundary of the Plat of White River Valley Home Tracts to the northeast corner of Tract 20 of said Plat of White River Valley Home Tracts; Thence westerly along the north boundary of said Tract 20 to the westerly margin of 80th Avenue South; Thence southerly along said westerly margin of 80th Avenue South to the southerly boundary of Section 36, Township 22 North, Range 4 East, W.M. Thence westerly to the point of beginning. Less that portion of the above described franchise areas lying within the corporate city limits of the City of Auburn, Washington and less that portion of the above described franchise areas lying within the corporate city limits of the City of Kent, Washington. 4 12473 EXHIBIT 'B" TERMS AND CONDITIONS APPLICABLE TO UTILITIES FRANCHISES GRANTED BY KING COUNTY THIS FRANCHISE is subject to the following terms and conditions: 1. DEFINITIONS References to any County official or office also refers to any office that succeeds to any or all of the responsibilities of the named office or official. References to laws or "applicable laws" include federal, state, and local laws and regulations adopted pursuant to those laws; unless otherwise stated, references to laws include laws now in effect, as the same may be amended from time to time during the operation of this franchise. In addition, the following definitions shall apply: Cable Services. The term "Cable Services" is used as defined in 47 United States Code 522 (5), as amended. Cable System. The term "Cable System" is used as defined in 47 United States Code 522 (6), and King County Code 6.a.010 (J) as amended. County Road Rights-of-Way. The term "County Road Rights-of-Way" includes any road, street, avenue, or alley located within the area described in the attached Exhibit "A", it does not include recreational or nature trails except where the trails intersect or are within roads, streets, avenues or alleys. Director. The term "Director" refers to the chief executive of the King County Department of Transportation. Grantee. The term "Grantee" refers to the CITY OF AUBURN its successors and those assignees approved pursuant to paragraph 16 herein. Utility. The term "utility" refers either to the Grantee or, depending on the context, to any other person, firm, or corporation, public or private, which may hold a franchise to maintain and operate similar facilities in, under, over, across, and along any of the County property described in Exhibit Council. The term "Council" refers to the King County Council, acting in its official capacity. Other Governing Body. The term "Other Governing Body" refers to any public official or other public board or body as may have the power and jurisdiction to permit or regulate the installation and maintenance of utilities and other facilities in, under, over, across, and along any of the county property described in Exhibit "A" . 5 12478 2. ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS The full acceptance of this franchise and all of its terms and conditions shall be filed with the Clerk of the Council within forty-five (45) days from ,19 , by the Grantee. 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. 3. NON-EXCLUSIVE FRANCHISE This franchise is not exclusive. It does not prohibit King County from granting franchises for other public or private utilities, in, under, over, across, and along any County property, including County road rights-of-way. This franchise does not prevent or prohibk King County from constructing, altering, maintaining or using any County road rights-of-way covered by this franchise. King County retains full power to make all changes, relocations, repair, maintenance, etc. as it may deem fit. 4. JURISDICTION This franchise is intended to convey limited rights and interest only as to those roads and rights- of- way in which King County has an actual interest. It is not a warranty of title or of interest in County road rights-of-way. Whenever any of the County road rights-of-way as designated in this franchise, by reason of the subsequent incorporation of any Town or City or extension of the limits of any Town or City, shall later fall within the City or Town limits, this franchise shall continue in force and effect until such time as the incorporation and/or annexation is complete according to applicable State law, after which time the County will no longer have any responsibility for maintenance of any County roads, rights-of-way or other County property within the area of annexation/incorporation. None of the rights granted to the Grantee shall affect the jurisdiction of King County over County road rights-of-way or the County's power to perform work upon its roadways, rights-of-way or appurtenant drainage facilities including by conswucting, altering, renewing, paving, widening, grading, blasting or excavating. All of the rights herein granted shall be subject to and governed by this franchise; provided, however, that nothing in this franchise may be construed in any way as limiting King County's rights to adopt ordinances which are necessary to protect the health, safety and welfare of the general public. 5. REGULATION OF USE AND CONTROL This franchise does not deprive King County 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 County road rights-of-way covered by this franchise. 12473 This franchise authorizes the use of County rights-of-way solely for the delivery by the Grantee of natural gas to it customers. Additional uses of County rights-of-way by the Grantee, including for cable communication services, shall fwst require a separate franchise from King County which conforms to the requirements of K.C.C. 6.27 as amended, or K.C.C. 6.27A as amended, and other applicable law. Any use of the Grantee's equipment of facilities in County rights-of-way by others, including for telecommunication or cable communication services, is prohibited unless separately authorized and approved in writing by King County. The Grantee agrees that prior to authorizing any person to use the Grantee's equipment or facilities located in County rights-of-way, the Grantee will require the user to provide the Grantee with an affidavit that it has obtained the necessary franchise or other approval from the County to operate and provide the proposed service in County rights-of-way. At least thirty (30) day prior to executing any agreement with a potential user for the use of the Grantee's equipment or facilities, the Grantee shall fax the affidavit to the King County Office of Cable Communication at 206-296-0842. 6. EMINENT DOMAIN This franchise and the limited rights and interests for the operation, maintenance, repair, and construction of Grantee's transmission and service lines and appurtenances are subject to the exercise of eminent domain. In the event of an exercise of eminent domain by King County, the value to be atlributed to all the rights and interests granted under this franchise shall not exceed the actual amount the Grantee paid to King County in obtaining this franchise. 7. ENFORCEMENT Failure of King County, on one or more occasions to exercise a right or to require compliance or performance under this franchise or any applicable law, shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Failure of King County to enforce or exercise its rights under any provision of this franchise or applicable law does not constitute a waiver of its rights to enforce or exercise a right in any other provision of this franchise or applicable law. 8. INDEMNITY AND HOLD HARMLESS The Grantee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Grantee agrees for itself, its successors, and assigns to defend, indemnify and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claim, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to Grantee's exercise of rights and privileges granted by this franchise. The Grantee's obligations under this section shall include: (a) Indemnification for such claims whether or not they arise from the sole negligence of the Grantee, the concurrent negligence of both parties, or the negligence of one or more third parties. (b) The duty to promptly a~_pt tender of defense and provide defense to the County at the Grantee's own expense. 12473 (c) Indemnification of claims made by the Grantee's own employees or agents. (d) Waiver of the Grantee's immunity under the industrial insurance provisions of Title 51 RCW, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Grantee. In the event it is determined that RCW 4.24.115 applies to this franchise agreement, the Grantee agrees to defend, hold harmless and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Grantee's negligence. Grantee agrees to defend, indemnify and hold harmless the County for claims by Grantee's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. King County shall give the Grantee timely written notice of the making of any claim or of the commencement of any such action, suit, or other proceeding covered by the indemnity in this section. In the event any such claim arises, the County or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the duty to defend, settle, or compromise any claims arising hereunder and the County shall cooperate fully therein. Notwithstanding the above, the County shall have no obligation to tender a defense as a condition of the indemnity where there is a material conflict between the interests of the Grantee and King County. 9. VACATION If at any time King County vacates any County road rights-of-way covered by this franchise, King County will not be held liable for any damages or loss to the Grantee by reason of such vacation. King County may, after giving thirty (30) days written notice to the Grantee, terminate this franchise with respect to any County road rights-of-way vacated. 10. REPAIR. REMOVAL OR RELOCATION The Grantee hereby covenants, at its own expense, to repair, remove, or relocate existing facilities including all appurtenant facilities and service lines connecting its system to users, within King County road rights-of-way if such repair, removal, or relocation is required by King County for any County road purpose. Such repair, removal, or relocation shall not be unreasonably required. The grantee shall, at no expense to the County, adjust, remove or relocate existing facilities within County road rights-of-way, including all appurtenant facilities and service lines connecting its system to users, if the County determines such adjustment, removal or relocation is reasonably necessary to allow for an improvement or alteration planned by the County in such road right-of- way. The County shall give the Grantee written notice of such requirement as soon as practicable, at the beginning of the pre-design stage for projects that are part of the County's capital improvement program, including such available information as is reasonably necessary for the Grantee to plan for such adjustment, removal or relocation. 8 12473 For projects that are a part of the County's capital improvement program, in addition to any other notice given to the Grantee, the County shall provide a vertical and horizontal profile of the roadway and drainage facilities within it, both existing and as proposed by the County, and the proposed construction schedule; notwithstanding any permit conditions that may later be applied to the County project, this initial design information shall be given at least 180 days before construction is scheduled to begin, except in cases of urgent construction or emergencies. The Grantee shall respond to this notice, and to any later notices of revised designs based on permit conditions, within no more than thirty (30) days by providing to the County the best available information as to the location of all of the Grantee'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 public works project. The County shall offer the Grantee 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 Grantee's facilities. Such bid documents shall provide for an appropriate cost allocation between the parties. The County shall have sole authority to choose the contractor to perform such work. The Grantee and the County may negotiate an agreement for the Grantee to pay the County for its allocation of costs, but neither party shall be bound to enter into such an agreement. Under such an agreement, in addition to the Grantee's allocation of contractor costs, the Grantee shall reimburse the County for cost, such as for inspections or soils testing, related to the Grantee's work and reasonably incurred by the County in the administration of such joint construction contracts. Such costs shall be calculated as the direct salary cost of the time of County professional and technical personnel spent productively engaged in such work, plus overhead costs at the standard rate charged by the County on other similar projects, including joint projects with other County agencies. 11. REOUIREMENT OF CONSTRUCTION PERMITS The Grantee, its successors or assigns, has the right, privilege, and authority to enter the County road rights-of-way for the purpose of operating, maintaining, repairing or construction its transmission and service lines and appurtenances on the condition that it obtains permits approved by the Director and Property Services Division and, when applicable, by the Department of Development and Environmental Services. Applications for work permits shall be presented to the Property Services Division which may require copies of plans, blueprints, cross-sections, or further detailing of work to be done. In the event of an emergency, the Grantee may immediately commence the necessary work and shall apply the next business day for the work permit. Any work done, whether by Grantee, its contractors, or third parties will include necessary paving, patching, grading and any other reasonably necessary repair or restoration to the County road rights-of-way. All work shall be done to the satisfaction of the Director. All equipment, lines and appurtenances which are used in the operation, maintenance, repair or construction of the Grantee's service and which are located within the County road rights-of-way shall be considered to be part of the Grantee's system and shall be the responsibility of the Grantee. All permits for the operation, maintenance, repair or construction of said system shall be applied for and given in the name of the Grantee, who will be responsible for all work done under the permit. The Grantee remains responsible whether the work is done by the Grantee, its contractors, or by third parties. 12473t; The Grantee shall, at no expense to the County, assume the following obligations with respect to the facilities connected to its system that are within County road rights-of-way and which it does not own, including appurtenant facilities and service lines connecting its system to users: (a) The Grantee shall apply for, upon request and on behalf of the owner of the facilities, a County right-of-way construction permit for any repairs required for such facilities; provided such owner agrees to reimburse the Grantee for all costs incurred by the Grantee and any other reasonable conditions the Grantee requires as a precondition to applying for the permit. All work to be performed in the County right-of-way shall comply with all conditions of the County permit and all applicable County requirements. The Grantee may at its option perform any part of the repair with its own forces or require the owner to employ a contractor for that purpose, provided such contractor is approved by the County; Co) In the event that the County determines emergency repair of such facilities is necessary to halt or prevent significant damage to County road rights-of-way or significant threats to the health, safety and welfare of parties other than the owner or the occupants of the building served by such facilities, the Grantee shall take prompt remedial action to correct the emergency to the County's approval, which the County shall not unreasonably withhold; (c) When the County or its contractor provides notice to the Grantee, pursuant to RCW 19.122, of its intent to excavate within County road rights-of-way, the Grantee shall provide to the County or its contractor the best information available from the Grantee's records or, where reasonable, from the use of locating equipment as to the location of such facilities, including surface markings where these would reasonably be of use in the excavation. If the Grantee fails to make good faith efforts to provide the above information within the deadlines provided by RCW 19.122, the Grantee shall hold the County harmless for all reasonable costs that result from damage to such facilities if such damage occurs as a result of the failure to provide such information. Nothing in this subsection is intended or shall be construed to create any rights in any third party or to form the basis for any obligation or liability on the part of the County or the Grantee toward any third party, nor is anything in this subsection intended to be construed to alter the rights and responsibilities of the parties under RCW 19.122, as amended. 12. RESTORATION OF COUNTY ROAD RIGHTS-OF-WAY After work on, under or adjacent to County road rights-of-way, the Grantee is responsible for and will leave all County road rights-of-way in as good a condition as they were in before any work was done. In the event that the Grantee, its contractors, or third parties working under permit should fail to restore County road rights-of-way to the satisfaction of the Director, King County may make such repairs or restorations as are necessary to return the County road rights-of-way to its pre-work condition. Upon presentation of an itemized bill for repairs or restorations, including the costs of labor and equipment, the Grantee will pay the bill within thirty (30) days. If suit is brought upon the Grantee's failure to pay for repair and restoration, and if judgment in such a suit is entered in favor of King County, then the Grantee shall pay all of the actual costs, including interest from the date the bill was presented, disbursements, and attorney's fees and litigation related costs incurred. l0 1247 3" 19. PEI~ORMANCE OF WORK The Grantee covenants that in consideration for the rights and privileges granted by this franchise, all work performed by the Grantee on County road rights-of-way shall conform to all County requirements including, but not limited to, the requirements of the current edition of the County Road Standards in force when the work is performed and all traffic control shall also conform to the current edition of the Manual of Uniform Traffic Control Devices in force when the work is performed. 14. BLASTING REOUIREMENTS The right to operate, maintain, repair and construct Grantee's distribution and service lines and appurtenances granted by this franchise does not preclude King County, its agents or contractors from blasting, grading, or doing other road work to the Grantee's lines and appurtenances. Except in the case of an emergency, the Grantee will be given ten (10) business days written notice of any blasting so that the Grantee may protect its lines and appurtenances. If the Grantee notifies the County within ten (10) business days that the facilities will have to be relocated to protect them from blasting, the County will defer the blasting for up to ninety (90) days from the date of the original notice. In no event will the Grantee be given less than two (2) business days written notice of any blasting. Notification of any excavation shall be provided through the One-Call System as provided by RCW 19.122, as hereinafter amended. 15. SURVEY MARKERS AND MONUMENTS It shall be the responsibility of the Grantee performing any construction work in the County road rights-of-way to restore any survey markers or monuments disturbed by such construction in accordance with RCW 58.09.130, and as bereinafter amended. 16. ASSIGNMENT The Grantee shall not have the right to assign this franchise without the consera of the Metropolitan King County Council given by Ordinance. 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 Council deems necessary to be posted are received. Council approval of the assignment may be made subject to the assignee's acceptance of new or modified terms of the franchise. 17. EXPIRATION AND RENEWAL To the extent described in Exhibit "A" , all rights granted by this franchise to County road rights-of- way outside incorporated Towns and Cities apply to all existing County road rights-of-Way improved and unimproved and to all County road rights-of-way acquired by King County during the term of this franchise. If the Grantee has initiated a renewal of this franchise before it expires, the County may, at its sole discretion, extend the term of the franchise on a month to month basis for up to one year. Should the County elect to extend the franchise, written notice shall be provided to the Grantee before the franchise expiration date. If the Grantee has not applied for a renewal of this franchise before it expires, King County has the right to remove or relocate any lines and appurtenances of the Grantee as is reasonably necessary for the public's health, welfare, safety, or convenience including, but not limited to, the safe operation of County roads, franchise holders, or for the construction, renewing, altering, or improving of any County road right-of-way, or for the installation of lines and/or facilities of other franchise holders. Grantee shall be liable for the costs incurred in any removal or relocation of its lines and appurtenances under this section. Costs include the expense of labor and equipment. Upon expiration of this franchise, the Grantee shall continue to be responsible for the operation and maintenance of existing facilities in the County road rights-of-way until removed, assigned to another franchised utility or abandoned; however, the Grantee shall not have the right to provide additional services or construct new facilities. King County will issue permits required for the repair and maintenance of the existing facilities in accordance with K.C.C. 14.44.055 as mended and Section 11 of this franchise. This section and sections 8, 10-13 and 15 of this franchise shall continue in force until such time as the lines are removed from County road rights-of-way, assigned to another franchised utility, or abandoned in place with the approval of the Manager of the Department of Transportation, Road Services Division. 18. RESERVATION OF RIGHTS King County specifically reserves for itself the right to impose a utility tax on the Grantee if such taxing authority is granted by State of Washington and the local option is exercised by the King County Council. King County also specifically reserves the right to exercise authority it has or may acquire in the future to secure and receive fair market compensation for the use of its property, pursuant to an ordinance. If King County elects to exercise such authority, the fair market compensation requirement for Grantee shall be imposed by ordinance not less than one hundred eighty (180) days after written notice ("Compensation Notice") is delivered to the Grantee, said Compensation Notice identifying with specificity the definition, terms and/or formula to be used in determining such fair market compensation. Acceptance of King County's definition terms and/or formula identified in the Compensation Notice will occur if the Grantee accepts in writing within thirty (30) days of receipt of the Compensation Notice; or, if Grantee takes no action in writing within thirty (30) days of receipt of the Compensation Notice; in which case the applicable ordinance that the King County Council passes will be determinative. Nothing in this section shall be construed as an agreement by the Grantee of King County's right to exercise authority it has or may acquire in the future to secure and receive fair market compensation for the use of property. Nothing in this section shall be construed to prohibit the Grantee from challenging, in King County Superior Court or a court of competent jurisdiction, the legality of such right. Grantee's rejection of the definition, terms, and/or formula identified in the Compensation Notice will only occur if such rejection is in written form, identifying with specificity the grounds for such rejection, and delivered to King County within thirty (30) days after receipt of the Compensation Notice, in which case the below identified arbitration terms will apply: 12 12473 (a) The Grantee and King County will select one arbitrator each, and the two selected arbitrators will select a third arbitrator. If the two arbitrators have not selected a third arbitrator within thirty (30) days after the selection of the last selection of the two, either the Grantee or King County may apply to the presiding judge of the King County Superior Court for the appointment of a third arbitrator. The three arbitrators will determine the method for determining the fair market compensation for the County property used by the Grantee. The arbitration procedure employed shall be consistent with the rules and procedures of the American Arbitration Association. The decision of a majority of the arbitrators will bind both the Grantee and King County. At the conclusion of the arbitration, the arbitrators will submit written reports to the Grantee and King County which shall contain all pertinent evidence that led to their conclusion together with an explanation of their reasoning for such conclusion. (b) The fees of the arbitrators selected by each party shall be paid by that party, and the fees of the third arbitrator shall be paid one-half by the County and the Grantee. The other costs of the proceeding shall be shared equally by the County and the Grantee. (c) In event that the question of fair market compensation is not resolved prior to the effective date specified by the ordinance authorizing said compensation, the arbitration decision will be applied retroactively to the effective date in the ordinance. The Grantee will pay the retroactive sum plus interest in the amount of twelve percent (12 %) per annum. Nothing in this franchise may be construed to limit the exercise of authority now or later possessed by the County or any other governing body having competent jurisdiction to fix just, reasonable and compensatory rates or other requirements for services under this franchise. Nothing in this section shall be construed to prohibit the Grantee from challenging, in King County Superior Court or a court of competent jurisdiction, the authority of the County or any other governing body to fix rates or other requirements for services. 19. COMPLIANCE WITH LAWS Grantee shall conform to all applicable federal, state and local laws and regulations including, but not limited to, the State Environmental Policy Act and King County environmental standards and ordinances. 20. NON-DISCRIMINATION CLAUSE In all hiring or employment made possible or resulting from this franchise agreement, there shall be no discrimination against any employee or applicant for employment because of sex, sexual orientation, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including ap- prenticeship. 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, creed, national origin, age except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. 13 12473 Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part, of the agreement by the County and may result in ineligibility for further County agreements. The Grantee shall make the best efforts to make opportunities for employment and/or contracting services available to women and minority persons. The Grantee recognizes that King County has a policy of promoting afftrmative action, equal opportunity and has resources available to assist Grantee in these efforts. 21. PENALTY FOR VIOLATION OF CONDITIONS If the Grantee shall violate or fail to comply with any of the material terms, conditions, or responsibilities of this franchise through neglect or failure to obey or comply with any notice given the Grantee under the provisions of this franchise or if the Grantee abandons its franchise, the Council may revoke this franchise. King County shall give written notice of its intent to revoke this franchise. A public hearing shall be scheduled within forty-five (45) days following the notification. The decision to revoke this franchise will become effective ninety (90) days following the public hearing if the County, by ordinance, finds: A. That the Grantee has not substantially cured the violation or failure to comply which was the basis of the notice; or B. that the violation or failure to comply which was the basis of the notice is incapable of cure; or C. that the Grantee has repeatedly violated or failed to comply with any of the material terms, conditions, or responsibilities of the franchise, even though the individual violations have been cured; and D. that the revocation of the franchise is in the public interest. During the forty-five (45) days following the notification, the Grantee shall have the opportunity to remedy the failure to comply. 22. RIGHT OF APPEAL Decisions, requirements, or approvals of the Director are binding on the parties to this document. Appeals from the Director's determinations will be made by filing a complaint with the King County Superior Court. 23. SEVERANCE This franchise gives effect to purposes and uses which are consistent with economical and efficient services rendered in the public interest. If any provision of this franchise, or its application is determined to be invalid by a court of law, then the remaining provisions of this franchise shall continue and remain valid unless the dominant purpose of the franchise would be prevented or the public interest is no longer served. Revised 07/251% 12473 FRANCHISE EXTENSION AGREEMENT RECITALS WHEREAS, the City of Auburn currently holds water and sewer Franchise 7543 granted by King County, Washington for the operation of its sewer and water system in unincorporated King County; and WHEREAS, the City of Auburn franchise expired on November 30, 1994; and WHEREAS, the City of Auburn has requested a renewal of said franchise; and WHEREAS, a water and sewer franchise was approved by the Council under Ordinance 7543 on May 22, 1989. This extension is for the sewer portion only; and WHEREAS, the water franchise for that portion of the water system will be incorporated in the franchise for proposed Ordinance No. 96-682, which consolidates all of the City of Auburn water franchises into one franchise agreement; and WHEREAS, the City of Auburn, King County and the Utilities Technical Review Committee recommend that said franchise be extended until March 1, 1998 to give the City the opportunity to complete and obtain approval of its updated sewer comprehensive plan; and WHEREAS, no objections have been raised to the granting of this request; and WHEREAS, King County has approved the extension of this franchise until March 1, 1998 through the passage of Ordinance No. 74 ~,],9) subject to the conditions contained in the ordinance and this agreement. NOW, THEREFORE, King County, Washington and the City of Auburn, agree as follows: 1. The terms of King County Water and Sewer Franchise 7543 is hereby approved and extended so that it will now expire on March 1, 1998. 2. All other conditions of King County Water and Sewer Franchise 7543 shall remain in full force and effect and are not modified or amended by this agreement or Ordinance No. CITY OF AUBURN, WASHINGTON KI COUp, WASHINGTON TITLE: ct '~. ,~.~c~c' TITLE: GHRISTOPHSR VANCF., , 1 09/06/96 Introduced By: Brian Derdowski 2 AUBRNSB2.96/MMc Proposed No: 96-682 3 8 AN ORDINANCE approving a franchise for the City of Auburn to 9 construct, operate and maintain water system in Council Districts 7, 10 9 and 1 ], and a sho.e.. term franchise to ce,-.stmct, ~pe:ate and 11 maintain a sewer system in Council Disiridts 7, 9 and l], and 12 authorizing the Executive to execute the franchise agreements. 13 14 STATEMENT Or FACTS: 15 16 I. The City of Auburn has filed an application for franchises in council districts 7, 9 17 and i ] to construct, operate and maintain water and sewer systems to serve residential, multi- 18 family and commercial areas in accordance with R.C.W. 35.55.010 and K.C.C. 5.27. 19 2 0 2. The city's comprehensive plan for water was approved on June ! 7, i 996, by King 2 1 County Ordinance 12342. 22 2 3 3. The city's sewer plan was approved in ! 982. K.C.C. 13.24. i 10 requires that the 2 4 sewer plan be updated by the end of 1996, and further. that it be updated every 6 years or that 2 5 a demonstration be made that the plan is consistent with the 1994 King County 2 6 Comprehensive Plan. There is no documentation offered to show that-such a demonstration 2 ? has been made. 28 2 9 4. The existing franchises expired in May of this year. 30 31 5. The application has been referred to the relevant county departments for review. 32 3 3 6. The King County executive has recommended approval of the franchise. 34 3 5 7. The Utilities Technical Review Committee reviewed and approved the district's 3 6 franchise, legal description and map on April 26, 1995. 37 38 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 39 ,10 SECTION 1. The granting of a franchise to the City of Aubum to construct, operate and 4 1 maintain a water system within King County is hereby approved for a period oftwenty-five 4 2 years. The granting of a franchise extension to the City of Auburn to construct, operate and 4 3 maintain a sewer system within King County until March 1, 1998 is hereby approved. The 4 4 extension period is provided to allow time for the City to demonstrate its compliance with 4 5 K.C.C. 13.24.110. The King County executive is authorized to enter into and execute the 4 6 water system franchise and the sewer franchise extension for the terms specified, which by 4 7 this reference is fully incorporated herein. Said franchises shall 12473 :1. include all bf the geheral and special conditions required by the county. 2 SECTION 2. If within 45 days after the granting of this franchise, the applicant shall 3 have failed to sign the written acceptance incorporated herein, then the rights and privileges 4 granted herein shall be forfeited and said franchise shall be null and void. 5 INTRODUCED AND READ for the first time t l?~t' ~xt~ 0d/t' his __ day of i 996. 6" PASSED by a vote of/02 toO__~___thiS dYO'/~. ofc,,(eflt%~nJ,~(q996. day 7 KING COUNTY, COUNCIL 8 KIN~LUN~GTON 9 l0 ll 12 13 14 ATTEST: 15 20 is of ,1996. [~.~ E~~ 21 22 24 Kin t xecutive g Y 25 2 6 Attachments: 27 A. Franchise Agreement for Water 2 8 B. Franchise Extension for Sewer 2