HomeMy WebLinkAbout3511RESOLUTION NO. 3 5 1 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE NEW FRANCHISE AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY TO
CONSTRUCT, OPERATE AND MAINTAIN A SEWER SYSTEM
OVER, IN, ALONG, AND UNDER CERTAIN PUBLIC ROADS
AND HIGHWAYS IN KING COUNTY, WASHINGTON, UNTIL
2027.
WHEREAS, the City of Auburn wishes to extend, own, and
maintain their sanitary sewer pipeline system within unincorporated King
County; and
WHEREAS, the City of Auburn has applied to King County 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 and
highways in King County, Washington, as hereinafter set forth.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. Agreement. The Mayor of the City of Auburn is herewith
authorized to execute a Franchise Agreement between the City of Auburn and
King County to construct, operate, and maintain a sanitary sewer pipeline
system over, in, along, across, and under certain Public Roads and Highways in
King County, Washington. A copy of the King County franchise, approved by
Resolution No. 3511
August 1, 2002
Page 1
King County's Utility Committee, is attached hereto denominated as Exhibit "A"
and made a part hereof as though set forth in full herein. King County's
proposed Ordinance 2002-0299, representing Auburn's request for a franchise
is set to go in front of the King County Council on August 26, 2002 for approval.
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 upon receiving an executed copy of the
franchise denoted as Exhibit A, from the King County executive.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
DATED thisL_~ay of
_~¢,~-{-- ,2002.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3511
August1,2002
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
,~~ROV.~ AS ~O FORM:
Resolution No. 3511
August 1, 2002
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
PACZFZC Nil TZTAG
PAGE ee~ 0F:O24
re/cz/zee2 t4:ea
KZNG COUNTY,
42.~
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Franchise Agreement
Reference Number(s) of Documents assigned or released:
[--IAdditional reference #'s on page __ of document
Grantor(s) (Last name first, then first name and initials)
1. King County
Grantee: (Last name first)
1. Auburn, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
See Exhibit A
[~] Additional legal is on page 3 of the document.
Assessor's Property Tax Parcel/Account Number:
King County Franchise No. 14458
[] Assessor Tax # not yet assigned
1.4458
July 23, 2002
Franchise No. 14458
In the matter of the application for a franchise to operate, maintain, repair, and construct and
sewer mains, 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 Aubum for a franchise to operate, maintain, repair and
construct sewer mains, service lines, and appurtenances in, over, along, and under County roads and
rights-of-way located within the area described in attached Exhibit "A" has been heard on this 26th
day of August, 2002. All of the property described in Exhibit "A" lies outside the limits of any
incorporated Town or City.
law.
Legal notice of the franchise application and of the heating has been given as is required by
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. 14458. 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".
14458
This franchise is granted subject to all of the terms and conditions contained herein, within
Ordinance No. 14458 and ExhiJ~it "B", and shall expire in twenty-five years on cf//q ,20a__7'
Dated this L~i day of .~,7~' ~4~t/~-b4,"7-, 20/q
KING COUNTY, WASHINGTON
~::,The undersigned accepts all the rights, privileges, and duties of this franchise subject to all terms,
.~°~conditions, stipulations, and obligations contained herein, within Ordinance 14458 and Exhibit "B".
CITY OF AUBURN
GRANTEE
BY
TITLE
Dated this /~:~ ~
day of ~
/
,20 f)?~.
EXHIBIT" A"
14458
Area A
BEGINNING AT THE INTERSECTION OF THE EAST-WEST CENTERLINE OF SECTION
16, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. WITH THE SOUTHEASTERLY
MARGIN OF THE RIGHT OF WAY FOR PRIMARY STATE HIGHWAY NUMBER 2, AKA
STATE HIGHWAY 18;
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY MARGIN OF SAID RIGHT OF
WAY FOR STATE HIGHWAY NUMBER 2 TO THE SOUTH LINE OF SECTION 34, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M.;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 34 AND ALONG THE
SOUTHERLY LIMITS OF THE CITY OF KENT TO THE SOUTHWEST CORNER OF SAID
SECTION 34;
THENCE CONTINUING NORTHERLY AND WESTERLY ALONG THE WEST LINE OF SAID
SECTION 34 AND THE SOUTHERLY LIMITS OF THE CITY OF KENT THROUGH SECTIONS 33
AND 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. TO THE NORTHEAST CORNER OF
THAT PORTION OF LAND ANNEXED BY THE CITY OF KENT BY CITY OF KENT ORDINANCE
NUMBER 3171;
THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID KENT CITY LIMITS
ESTABLISHED BY CITY OF KENT ORDINANCE NUMBER 3171 TO THE SOUTHEAST CORNER
THEREOF, AND AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE CITY OF
AUBURN CITY LIMITS AS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE 4710;
THENCE SOUTHERLY ALONG THE EASTERLY CITY LIMITS OF THE CITY OF AUBURN
ANNEXED TO THE CITY OF AUBURN BY ORDINANCES 4710, 3266, AND 5370 TO THE
EASTERLY EDGE OF THE GREEN RIVER;
THENCE SOUTHERLY ALONG THE EASTERLY EDGE OF THE GREEN RIVER TO THE
NORTHERLY LINE OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE NUMBER 5346;
THENCE NORTHEASTERLY, EASTERLY AND SOUTHERLY ALONG THE EASTERLY
CITY LIMITS OF THE CITY OF AUBURN ANNEXED TO THE CITY OF AUBURN BY
ORDINANCES 5346, 5088, AND 5346 TO THE EAST-WEST CENTERLINE OF SECTION 17,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE EASTERLY ALONG SAID EAST-WEST CENTERLINE OF SAID SECTION 17 AND
ALONG THE EAST-WEST CENTERLINE OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M. TO THE POINT OF BEGINNING.
SITUATE IN K1NG COUNTY, WASHINGTON.
3
Area B
14458
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF SECTION 35,
TOWNSHIP 22, RANGE 4, SOUTH ALONG THE WEST LINE OF SAID SECTION TO A
POINT WHERE IT INTERSECTS WITH NORTH LINE OF SECTION 2, TOWNSHIP 21,
RANGE 4 EAST, THENCE SOUTH ALONG SAID LINE TO ITS INTERSECTION WITH
NORTHWEST CORNER OF SECTION 11, TOWNSHIP 21, RANGE 4, THENCE SOUTH
ALONG SAID LINE TO ITS INTERSECTION WITH THE NORTHEAST CORNER OF
SECTION 15, TOWNSHIP 21, RANGE 4 EAST, THENCE WEST ALONG THE NORTH LINE
OF SECTION 15, TOWNSHIP 21, RANGE 4, TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 15, THENCE SOUTH ALONG THE WEST
LINE OF SAID SECTION 15, TO SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 15, THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 15
TO ITS INTERSECTION WITH THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP
21, RANGE 4, THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 23, TO
SOUTHWEST CORNER OF NORTHWEST QUARTER OF SAID SECTION 23, THENCE
EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF ITS
INTERSECTION WITH THE WEST LINE OF THE CORPORATE BOUNDARY OF THE CITY
OF AUBURN LOCATED IN SAID SECTION 23, THENCE CONTINUING ALONG SAID
CORPORATE BOUNDARY LOCATED IN SECTION 14, 11, 2 , 35, 22, 5, TO ITS NORTH
LINE OF THE SOUTH HALF
OF SECTION 36, TOWNSHIP 22, RANGE 5 EAST, THENCE WEST ALONG SAID NORTH
LINE TO ITS INTERSECTION WITH THE NORTHWEST CORNER OF THE SOUTH HALF
OF SECTION 35, TOWNSHIP 22, RANGE 4 EAST, ALSO KNOWN AS THE TRUE POINT
OF BEGINNING.
Area C
THAT PORTION OF WHITE RIVER VALLEY HOME TRACTS SECOND ADDITION LOCATED
IN THE WEST HALF OF SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 22 NORTH,
RANGE 5 EAST, W. M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3823; THENCE NORTHERLY
ALONG THE EAST BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE
NUMBER 3823 TO THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4347; THENCE NORTHERLY
ALONG THE EAST BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE
NUMBER 4347 TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THAT PORTION OF
LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4780
AND AMENDED BY CITY OF AUBURN ORDINANCE NUMBER 4843; THENCE NORTHERLY,
EASTERLY AND NORTHERLY ALONG THE BOUNDARY OF SAID CITY LIMITS AS
ESTABLISHED BY ORDINANCE NUMBER 4843 TO THE SOUTHWESTERLY MARGIN OF
14458
AUBURN WAY NORTH AND THE WESTERLY BOUNDARY OF THAT PORTION OF LAND
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2511;
THENCE SOUTHEASTERLY ALONG THE WESTERLY BOUNDARY OF SAID CITY LIMITS AS
ESTABLISHED BY ORDINANCE NUMBER 2511 TO THE NORTHEAST CORNER OF THAT
PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 3621; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY OF SAID CITY
LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 3621 TO THE NORTHWEST CORNER OF
THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 3621; THENCE SOUTHERLY AND EASTERLY ALONG THE BOUNDARY
OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 3621 TO THE WESTERLY
LINE OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2511; THENCE SOUTHERLY ALONG THE WESTERLY
BOUNDARY OF SAD CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 2511 TO THE
NORTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE NUMBER 5412; THENCE WEST ALONG THE NORTHERLY
BOUNDARY OF SAD CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 5412 TO THE
NORTHWEST CORNER OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE NUMBER 5412; THENCE SOUTHERLY ALONG THE
WESTERLY BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER
5412 TO THE BOUNDARY OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCE 2511; THENCE WEST ALONG SAD CITY LIMITS AS
ESTABLISHED BY ORDINANCE NUMBER 2511 TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Area D
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, AND THE SOUTHWEST
QUARTER OF SECTION 32, ALL IN TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT PORTION OF LAND ANNEXED BY THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4710;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID AUBURN CITY LIMITS
ESTABLISHED BY CITY OF AUBURN ORDINANCE NUMBER 4710 TO THE EASTERLY EDGE
OF THE GREEN RIVER;
THENCE NORTHERLY ALONG SAID EASTERLY EDGE OF THE GREEN RIVER TO THE
SOUTHERLY LINE OF THE CITY OF KENT CITY LIMITS;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF THE CITY OF KENT CITY LIMITS
TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
5
14458
Area E
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W. M. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON WESTERLY MARGIN OF THE GREEN RIVER AT THE
INTERSECTION OF THE NORTHERLY BOUNDARY OF THAT PORTION OF LAND ANNEXED TO
THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 1543; THENCE WESTERLY AND
NORTHERLY ALONG SAID NORTHERLY BOUNDARY THEREOF, TO A POINT ON THE WEST
BOUNDARY OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 17; THENCE NORTHERLY ALONG SAID WEST BOUNDARY OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, A DISTANCE OF 320 FEET MORE OR LESS TO THE SOUTHERLY BOUNDARY OF
THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE 4317; THENCE EASTERLY AND NORTHERLY ALONG THE EASTERLY
BOUNDARY THEREOF TO THE WESTERLY MARGIN OF SAID GREEN RIVER; THENCE
SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF THE GREEN RIVER TO THE POINT
OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Area F
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W. M., KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION
17; THENCE SOUTHERLY ALONG THE WEST BOUNDARY OF SAID SOUTHWEST QUARTER
OF SECTION 17 A DISTANCE OF 33.01 FEET TO THE SOUTH MARGIN OF EAST MAIN
STREET (SE 328TM ST.) EXTENDED TO THE WEST AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHERLY ALONG SAID WEST BOUNDARY OF THE SOUTHWEST
QUARTER OF SECTION 17 TO THE NORTHWEST CORNER OF AUBURN ANNEXATION
DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 1991; THENCE EASTERLY TO
THE NORTHEAST CORNER OF SAID AUBURN ANNEXATION DESCRIBED IN CITY OF
AUBURN ANNEXATION ORDINANCE 1991; THENCE SOUTHERLY ALONG THE EAST
BOUNDARY OF SAID AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN
ANNEXATION ORDINANCE 1991 TO THE NORTHERNMOST BOUNDARY OF AUBURN
ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 2085; THENCE
EASTERLY ALONG SAID NORTHERNMOST BOUNDARY OF AUBURN ANNEXATION
DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 2085 AND CONTINUING
EASTERLY ALONG THE NORTHERNMOST BOUNDARY OF AUBURN ANNEXATION
DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 2229 TO THE WESTERNMOST
BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION
ORDINANCE 3525; THENCE NORTHERLY ALONG SAID WESTERNMOST BOUNDARY OF
AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 3525
TO THE NORTH BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN
ANNEXATION ORDINANCE 3525; THENCE EASTERLY ALONG SAID NORTH BOUNDARY OF
6
3.4458
AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 3525
TO THE EAST BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN
ANNEXATION ORDINANCE 3525; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF
AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 3525
TO THE NORTH MARGIN OF SECOND STREET SE (SE 330TM ST.) AND THE NORTH
BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION
ORDINANCE 5350; THENCE EASTERLY ALONG SAD NORTH MARGIN OF SECOND STREET
SE AND SAD NORTH BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF
AUBURN ANNEXATION ORDINANCE 5350 TO THE SOUTHWEST CORNER OF LOT 1, BLOCK
2 OF THE PLAT OF EAST AUBURN GARDEN TRACTS AS RECORDED IN VOLUME 18 OF
PLATS, PAGE 98, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHERLY
ALONG THE WEST BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF
AUBURN ANNEXATION ORDINANCE 5350 TO THE NORTH BOUNDARY OF AUBURN
ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 4605; THENCE
EASTERLY ALONG THE NORTH BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN
CITY OF AUBURN ANNEXATION ORDINANCE 4605 TO THE WEST BOUNDARY OF AUBURN
ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 5505; THENCE
NORTHERLY AND EASTERLY ALONG THE BOUNDARY OF AUBURN ANNEXATION
DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 5505 TO THE WEST MARGIN
OF THE GREEN RIVER; THENCE NORTHWESTERLY ALONG SAID WEST MARGIN OF THE
GREEN RIVER TO THE SOUTH BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY
OF AUBURN ANNEXATION ORDINANCE 5084; THENCE WESTERLY ALONG SAD SOUTH
BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN ANNEXATION
ORDINANCE 5084 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG
THE WEST BOUNDARY OF AUBURN ANNEXATION DESCRIBED IN CITY OF AUBURN
ANNEXATION ORDINANCE 5084;TO THE SOUTH MARGIN OF EAST MAIN STREET (SE 328TM
ST.); THENCE WESTERLY ALONG SAID SOUTH MARGIN OF EAST MAIN STREET TO THE
TRUE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Area G
THAT PORTION SOUTH AUBURN GARDEN TRACTS LOCATED IN GOVERNMENT LOT 2 IN
THE NORTHWEST QUARTER OF SECTION 30 TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3726; THENCE NORTHERLY
ALONG THE EAST BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE
NUMBER 3726 TO THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 4138; THENCE NORTHERLY ALONG
THE EAST BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER
4138 TO THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4665; THENCE NORTHERLY ALONG
THE EAST BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER
4665 TO THE SOUTHERLY BOUNDARY THAT PORTION OF LAND ANNEXED TO THE CITY OF
7
14458
AUBURN BY CITY OF AUBURN ORDINANCE 1279; THENCE EAST ALONG THE SOUTHERLY
BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE 1279 TO THE
NORTHWEST CORNER OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE 3244; THENCE SOUTH ALONG THE WESTERLY BOUNDARY
OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE 3244 TO THE SOUTHWEST CORNER
OF SAID PORTION OF LAND ANNEXED TO THE C1TY OF AUBURN BY CITY OF AUBURN
ORDINANCE 3244; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID CITY
LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 3244 TO THE SOUTHEAST CORNER OF
SAID PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE 3244; THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID CITY
LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 3244 TO THE SOUTHERLY BOUNDARY
OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE 1279; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID CITY
LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 1279 TO THE NORTHWEST CORNER OF
THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 1225; THENCE SOUTH ALONG THE WESTERLY BOUNDARY OF SAID
CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 1225 TO THE NORTHERLY
BOUNDARY OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE 3839; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG
THE NORTHERLY BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE
NUMBER 3839 TO THE NORTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4449; THENCE WEST ALONG
THE NORTHERLY BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE
NUMBER 4449 TO THE SOUTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4518; THENCE NORTH
ALONG THE EASTERLY BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY
ORDINANCE NUMBER 4518 TO THE NORTHEAST CORNER OF THAT PORTION OF LAND
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 4518; THENCE
WEST ALONG THE NORTHERLY BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY
ORDINANCE NUMBER 4518 TO THE EAST MARGIN OF "A" STREET SE AND THE EAST
BOUNDARY OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ANNEXATION 1171; THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID
CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 1171 TO THE SOUTHWEST CORNER
OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 3726; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID
CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 3726 TO THE POINT OF
BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
EXHIBIT "B"
14458
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".
14458
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 thirty (30) days from ., 20 , 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 prohibit King Cotmty 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 fights-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 constructing, 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.
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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.
This franchise authorizes the use of County rights-of-way solely for the delivery by the Grantee of
sewer service to it customers. Additional uses of County rights-of-way by the Grantee, including for
cable communication services, shall first 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) days 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
attributed 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 claims, demands, suits, and judgments, including
14458
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 accept tender of defense and provide defense to the County at
the Grantee's own expense.
(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.
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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.
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 oppommity 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.
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11. REQUIREMENT 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.
The Grantee shall post a bond to King County in the amount necessary for road restoration. The
amount of the bond shall be set by the Department of Transportation, Roads Services Division and
shall be filed with the Property Services Division before the issuance of any permit.
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
propose, provided such contractor is approved by the County;
(b)
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
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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 retum 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 ifjudgrnent 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.
13. PERFORMANCE 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 REQUIREMENTS
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
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1.4458
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
,~U=~accordance with RCW 58.09.130, and as hereinafter amended.
~----~.16. ASSIGNMENT
The Grantee shall not have the right to assign this franchise without the consent of the Metropolitan
c~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
e,~ franchise, as well as surety bonds, which the Council deems necessary to be posted, are received.
i ~ 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.
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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 amended
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 State of
Washington grants such taxing authority 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:
(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
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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
County and the Grantee shall share the other costs of the proceeding equally.
(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 goveming 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
18
~.4458
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.
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 affirmative action, equal opportunity and has resources available to assist
Grantee in these efforts.
~.~a21. PENALTY FOR VIOLATION OF CONDITIONS
'"' If the Grantee shall violate or fail to comply with any of the material terms, conditions, or
c:~ 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 heating 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 heating if the County, by ordinance, finds:
Ao
That the Grantee has not substantially cured the violation or failure to comply which
was the basis of the notice; or
that the violation or failure to comply which was the basis of the notice is incapable
of cure; or
Co
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.
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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.
2O