HomeMy WebLinkAbout3517RESOLUTION NO. 3 5 1 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FRANCHISE AGREEMENT
BETWEEN THE LAKEHAVEN UTILITY DISTRICT AND THE
CITY OF AUBURN, ALLOWING THE LAKEHAVEN UTILITY
DISTRICT TO CONNECT, INSTALL, OPERATE, MAINTAIN
AND REPAIR A SANITARY SEWER SYSTEM, FACILITIES,
AND APPURTENANCES IN, OVER, ALONG, ACROSS AND
UNDER THE FRANCHISE AREA FOR T~E PURPOSE OF
PROVIDING SANITARY SEWER SERVICE.
WHEREAS, the Lakehaven Utility District has an existing franchise with
the City of Auburn that shall expire on September 6, 2002; and
WHEREAS, the Lakehaven Utility District is seeking a new
comprehensive franchise with Auburn for public sanitary sewer lines installed
within Auburn's public right-of-way to service properties located within Auburn's
potential annexation area, under Auburn LID No. 327; and
WHEREAS, in order to maintain control over the use of City of Auburn
right-of-ways by utilities operating within the City of Auburn, it is appropriate to
enter into franchise agreements with such utilities; and
WHEREAS, Lakehaven Utility District is such a utility, and has
negotiated this franchise agreement with the City Of Auburn acceptable to both
parties; and
Resolution No. 3517
August19,2002
Page 1
WHEREAS, the City of Auburn has determined that it is in the best
interests of the public to grant the Lakehaven Utility District a sanitary sewer
franchise on the terms and conditions set for in this Agreement.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute a Franchise Agreement between the Lakehaven
Utility District and the City of Auburn. A copy of said Agreement is attached
hereto, denominated as Exhibit "A" and made a part hereof as though set forth
in full herein.
Section2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Resolution No. 3517
August 19, 2002
Page 2
DATED this,~____ day of.,,dZ~..~,--¢ ,__ 2002.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
',-D~niel B. H~
City Attorney
Resolution No. 3517
August19,2002
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
2 021120000805
PACZFZC NU TZT AG 35.09
PAGE OOl OF 917
11/20/2902 09:59
KZNG COUNTY, UR
' RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Franchise Agreement (Resolution 3517) vV' ~t~.~ - \~-
Reference Number(s) of Documents assigned or released:
I~Additional reference #'s on page of document
Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
, ~ ,.,
Grantee: (Last name first)
1. Lakehaven Ut ty District
~xamm~ as tc proper
Legal Description (abbreviated: i.e. lot, block, plator section, township, range)
IBeginning at SW corner of SEC 23, TWP 21N, R4E
[[~ Additional legal is on page 15 of the document.
Assessor's Property Tax Parcel/Account Number:
N/A Franchise Agreement
[] Assessor Tax # not yet assigned
EXHIBIT "A"
CITY OF AUBURN, WASHINGTON
FRANCHISE AGREEMENT
WITH THE LAKEHAVEN UTILITY DISTRICT
THIS FRANCHISE AGREEMENT, made and entered into this''~'7~ day of
September, 2002, by and between the CITY OF AUBURN, Washington and the
LAKEHAVEN UTILITY DISTRICT:
WlTNESSETH:
WHEREAS, the Lakehaven Utility District currently owns, operates, and maintains a
sanitary sewer system within Auburn's public right of way along 37th Street NW; and
WHEREAS, the Lakehaven Utility District's current sanitary sewer franchise with the City
of Auburn shall expire on September 6th of 2002; and
WHEREAS the Lakehaven Utility District is seeking to establish a comprehensive franchise
with the City of Auburn for sanitary sewer lines within Auburn's current and future public
right of way; and
WHEREAS, in order to maintain control over the use of City of Auburn rights-of-way by
utilities operating within the City of Auburn, it is appropriate to enter into franchise
agreements with such utilities; and
WHEREAS, Lakehaven Utility District is such a utility, and has negotiated this franchise
agreement with the City of Auburn acceptable to both parties; and
WHEREAS, the City of Auburn has determined that it is in the best interests of the public to
grant the Lakehaven Utility District a franchise on the terms and conditions set forth in this
Agreement.
NOW, THEREFORE THE CITY OF AUBURN AND THE LAKEHAVEN UTILITY
DISTRICT AGREE AS FOLLOWS:
SECTION 1 DEFINITIONS
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the Lakehaven Utility District, a Washington municipal
corporation, and its respective successors and assigns.
1.2 "City" means the City of Auburn, a Washington municipal corporation.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 1 of 13
1.3 "Franchise Area" means all of the public roads, streets, avenues, alleys,
highways, and other rights-of-way of the City as now laid out, platted, dedicated or
improved; and any and all public City roads, streets, avenues, alleys, highways, and other
rights-of-way that may hereafter be laid out, platted, dedicated or improved within the area
as described in Exhibit 1 attached hereto, which is by this reference incorporated, as if fully
set forth herein; in which the City has jurisdiction provided, that the Franchise Area shall
not include or convey any right to the Franchisee to install facilities on or to otherwise use
City owned or leased properties; and provided that the terms of this franchise (i.e.,
permitting and enforcement) shall not apply to those public roads, streets, avenues, alleys,
highways, and other rights-of-way that may hereafter be laid out, platted, dedicated or
improved within the area as described in Exhibit 1 until such time that the City has
assumed jurisdiction thereof.
1.4 "Facilities" means the Franchisee's sanitary sewer system, lines, mains,
appurtenances, and all other necessary or convenient appurtenances for the purpose of
providing sanitary sewer service.
1.5 "Ordinance" means this ordinance setting forth the terms and conditions of
the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this ordinance, the City grants to the
Franchisee the right to construct, own and maintain sanitary sewer pipelines, pump
stations, and appurtenances within the City's public right of way and the Franchisee's
sewer service area. In exercising authority to construct and install sanitary sewer pipelines,
pump stations, and appurtenances and to excavate trenches in City roads for the purposes
of constructing, installing, operating, maintaining, removing, and replacing mains and pipes
and making connections between the same to the dwellings and other buildings of the
consumers, the Franchisee shall be governed by and conform to the general rules adopted
by the Public Works Department of the City of Auburn, and the Franchisee, at no expense
to the City, shall complete all work and shall replace and restore the City roads to the
condition of the City roads existing immediately prior to such disturbance; PROVIDED,
HOWEVER, that no such work shall be done prior to the obtaining of a permit therefor
issued by the City's Public Works Director (hereinafter "Director"), which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration of
the roads to the same condition as they were prior to such work. If the Franchisee does not
repair the City roads to the satisfaction of the Director, the City may, at its sole discretion,
repair such City roads, or cause them to be repaired, and the Franchisee hereby agrees to
reimburse the City for the cost of such work, including overhead costs.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 2 of 13
SECTION 3 FI~NCHISE TERM
This Franchise supercedes the existing franchise established with the Lakehaven Utility
District on September 6, 1977. This franchise shall take full force and effect five days after
being approved by the City, and shall be valid for a period of 25 years, expiring in 2027;
provided, that this Franchise shall not take effect and the Franchisee shall have no rights
under this Franchise unless the Franchisee files a written acceptance of this Franchise with
the City pursuant to Section 4 of this Agreement.
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with
the City Clerk within forty-five (45) days from the date of this Ordinance, by the Franchisee.
Full acceptance of this Franchise is a condition precedent to its taking effect, and unless
this Franchise is accepted within the time specified, this grant will be null and void and
have no force or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for
other public or private utilities in, over, along, across, and under any City property, including
the Franchise Area. This Franchise does not prevent or prohibit the City from constructing,
altering, maintaining or using any of the Franchise Area. The City retains full power to
make all changes, relocations; repair, maintenance or other work to or in the Franchise
Area as the City deems fit.
SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and
rights-of-way in which the City has an actual interest within the Franchise Area. It is not a
warranty of title or of interest in City road rights-of-way. None of the rights granted to the
Franchisee shall affect the jurisdiction of the City over City road rights-of-way or the City's
power to perform work upon its roadways, rights-of-way or appurtenant drainage facilities
including by constructing, altering, renewing, paving, widening, grading, blasting or
excavating. The parties shall complywith all applicable rules and regulations pertaining to
them in connection with the matters covered herein.
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has or
may later acquire in the future to regulate the use of and to control the City road rights-of-
way covered by this Franchise. The City reserves the right and power at all times to
exercise its police powers with respect to the time, manner and location of the placement
of the Franchisee's Facilities.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 3 of 13
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to
the exercise of eminent domain. In the event of an exercise of eminent domain bythe City,
the value to be attributed to all the rights and interests granted under this Franchise shall
not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City will
not be held liable for any damages or loss to the Franchisee by reason of such vacation.
The City may, after giving thirty (30) days written notice to the Franchisee, terminate this
Franchise with respect to any City road or rights-of-way vacated. However, should
Franchisee notify the City that an easement is required for existing or proposed facilities
within the proposed vacation area, the City shall withhold approval of such vacation until
the Franchisee has notified the City that the necessary easement(s) have been secured, or
provisions otherwise made to maintain the viability and use of existing sanitary sewer
facilities.
SECTION
The City's
its right to
10 ENFORCEMENT
failure to enforce any provision of this Franchise does not constitute a waiver of
enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITY AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability for
all claims, actions, injuries, demands, liabilities, losses, costs, damages and judgments,
including costs of defense thereof, (collectively referred to as "damages") for injury to
persons, death or property damage caused by, arising out of, or incidental to the
Franchisee's exercise of the rights and privileges granted by this Franchise, except for
damages caused by or arising out of the City's sole negligence. In the event that any such
claim or demand for damages is presented to or filed with the City, or if any suit or action is
initiated against the City based on such claims dr demands for damages, the City shall
promptly notify the Franchisee of the claim, demand, suit or action and the Franchisee
shall have the right, at its election and its sole cost and expense, to settle and compromise
such claim, demand, suit or action, or defend the same at the Franchisee's sole cost and
expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent
permitted under that statute, and specifically for the Franchisee's negligence concurrent
with that of the City to the full extent of the Franchisee's negligence.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 4 of 13
SECTION 12 INSURANCE
12.1 The Franchisee shall keep a policy of insurance in force with a minimum limit
of five million dollars ($5;000,000.00). Verification of insurance coverage is a condition
precedent to the effectiveness of this Agreement.
12.2 The insurance shall be maintained in full force and effect at the Franchisee's
sole expense throughout the term of the Franchise, and, should such insurance be
terminated, this Agreement shall terminate as of the date of the termination of insurance
coverage.
12.3 The coverage provided by the Franchisee's insurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City. Any insurance maintained by the City that
might relate to this Franchise shall be in excess to the Franchisee's insurance and shall not
contribute with or to it. The City has no obligation to report occurrences to the insurance
companies unless a claim is filed with the City's City Council; and the City has no
obligations to pay the Franchisee's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform all work
related to this Franchise in compliance with all applicable federal, state, county and city
statutes, rules, regulations, ordinances, orders and codes. The Franchisee's attention is
directed to the requirements of the Washington Industrial Safety and Health Act,
Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible for safety
and safety conditions on its job sites and for its work within the Franchise Area, including
the safety of all persons and property during performance of any works therein. The
services of the City or City's consultant personnel in conducting construction review of the
Franchisee's work relating to the Franchise is not intended to include review of the
adequacy of the Franchisee's work methods, equipment, scaffolding, or trenching, or safety
measures in, on or near such Franchise Area or job site. The Franchisee shall provide
safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes, ordinances, rules, regulations, and the Franchise.
SECTION 13 INSTALLATION, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all
existing Facilities that it owns within the Franchise Area, including any damage caused
directly or indirectly by its Facilities, all appurtenant Facilities and service lines connecting
its system to users, if the City requires such repair for any reasonable purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or relocate
existing Facilities within the Franchise Area, including all appurtenant Facilities and service
lines connecting its system to users, if the City determines such adjustment, removal or
relocation is reasonably necessary to allow for an improvement or alteration planned by the
City. The City shall give the Franchisee written notice of such requirement as soon as
practicable. The written notice shall include all available information, such as plans and
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 5 of 13
specifications, as is reasonably necessary for the Franchisee to plan for such adjustment,
removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and
repaired within the Franchise Area so as to provide safety of persons and property, and not
interfere with the free passage of traffic, all in accordance with the laws of the State of
Washington, and the ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program, in
addition to any other notice given to the Franchisee, the City shall provide a copy of the
capital improvement plan and six (6) year transportation improvement plan when
requested. Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it, both existing and as proposed by the City, and the
proposed construction schedule. The initial design information shall be given at least one
hundred and eighty (180) days before construction is scheduled to begin, except in cases
of urgent construction or emergencies. The Franchisee shall respond to this notice, and to
any later notices of revised designs, within twenty (20) days of the date of the notice, by
providing to the City the Franchisee's best available information as to the location of all the
Franchisee's Facilities, including all appurtenant Facilities and service lines connecting its
system to users and all Facilities that it has abandoned, within the area proposed for the
project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works
project as well as all required adjustments, removals or relocations of the Franchisee's
Facilities. The City shall have sole authority to choose the contractor to perform such work.
Such bid documents shall provide for an appropriate cost allocation between the parties.
In addition to the Franchisee's allocation of contractor costs, the Franchisee shall
reimburse the City for all costs, to include but not be limited to legal, engineering,
inspections, administration and/or soils testing, related to the Franchisee's work and
reasonably incurred by the City in the administration of such joint construction contracts.
Such costs shall include the direct salary cost of the time of City professional and technical
personnel, including the City's consultants, spent productively engaged in such work, plus
overhead costs at the standard rate charged by the City on other similar projects.
13.6 It is understood that emergency situations may arise that could threaten
public health and/or continued operation of the Franchisee's utility system and the
Franchisee may be unable to notify the City in the manner prescribed in Section 14 of this
Franchise. In such a situation the Franchisee shall immediately correct the hazardous
situation and continue to use best efforts to contact the City staff. The Emergency Phone
Number for the City of Auburn is (253) 931-3053, and the Lakehaven Utility District is (253)
941-1516. Dialing 911 is advised for emergency situations.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 6 of 13
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City road
rights-of-way for the purpose of constructing, installing, operating, maintaining, replacing or
repairing its Facilities on the condition that it obtains construction, excavation, and right-of-
way use permits issued by the City. Any work performed, whether by Franchisee, its
contractors, or third parties, shall include necessary paving, patching, grading and any
other reasonably necessary repair or restoration to the City rights-of-way. All work shall be
done to the City's satisfaction.
14.2 All equipment, pipelines and appurtenances which are used in the
construction, installation, operation, maintenance or repair of the Franchisee's Facilities
and which are located within the City road rights-of-way and owned by the Franchisee shall
be considered to be part of the Franchisee's system and shall be the responsibility of the
Franchisee. All permits for the construction, installation, operation, maintenance or repair
of the Franchisee's system shall be applied for and given in the name of the Franchisee,
who will be responsible for all work done under the permit. The Franchisee remains
responsible whether the work is performed by the Franchisee, its contractors, or by third
parties.
14.3 When required by the Public Works Director, the Franchisee shall post a
bond to the City in the amount sufficient for any road repair or restoration. The amount of
the bond shall be set by the City and must be filed with the City before a permit will be
issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including, but not limited to, Auburn City
Code and the City's Design and Construction Standards in force when the work is
performed. All traffic control shall conform to the current edition of the Uniform Traffic
Control Devices in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to turn off or
diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow conditions
have been affected. Except in the case of an emergency, the notice shall be provided at
least 48 hours prior to the water pressure being turned off or diminished. If more than one
fire hydrant will be affected, the Franchisee shall provide a map of the affected area to the
Fire Department. Out-of-service fire hydrants must be identified as not operational by
covering with a properly secured burlap or plastic bag. Fire hydrants should be returned to
full service as soon as reasonably possible or no longer than two working days from the
date service was diminished. The Franchisee shall notify the City's Fire Department when
the hydrant is returned to full service.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 7 of 13
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in the condition of the City road
rights-of-way existing immediately prior to such disturbance. If the Franchisee, its
contractors, or third parties working under permit should fail to diligently restore City road
rights-of-way to the satisfaction of the City, the City may make such repairs or restorations
as are necessary to return the City road rights-of-way to a condition reasonably
comparable to the condition of the City road rights-of-way existing immediately prior to such
disturbance. Upon presentation of an itemized invoice for repairs or restorations, including
all applicable costs, both direct and indirect, to include but not be limited to the cost of
labor, tools, materials and equipment, the Franchisee shall pay the invoice within sixty-five
(65) days of its receipt and approval.
SECTION 17 GUARANTEE
The Franchisee shall guarantee work
Franchisee under this Franchise for a
approves the work and/or restoration.
and materials furnished and completed by the
period of two (2) years from the date the City
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
The Franchisee shall provide the City with all information requested by the City regarding
the location of the Franchisee's current Facilities, including, but not limited to, copies of all
record drawings for such Facilities. If the Franchisee performs any work to install, repair,
reconstruct, or replace Facilities in the Franchise Area after this ordinance's effective date,
the Franchisee shall provide the City with all information requested by the City regarding
the location of those Facilities, including, but not limited to, copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the
City plans to make excavations in the Franchise Area, the party planning such excavation
shall provide written notice to the other of the planned excavation, affording the other party
the opportunity to share in the excavation; provided, that (1) such joint use shall not
unreasonably delay the work of the party causing the excavation to be made, (2) such joint
use shall be arranged and accomplished on terms and conditions satisfactory to both
parties, and (3) either party may deny such request for safety reasons.
SECTION 20 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does not
preclude the City, its agents or contractors from blasting, grading, or doing other road work
contiguous to the Franchisee's Facilities. When practical, the City shall give the
Franchisee forty-eight (48) hours notice of blasting or excavating.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 8 of 13
SECTION 21 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
subdivisions, plats, rights-of-way, and all other surveys. The reference points shall be
located so that they will not be disturbed during any of Franchisee's operations under this
Franchise. The method of referencing monuments or other markers or points shall be
approved by the City before placement. The replacement of all markers or monuments
disturbed during any construction of the Franchisee shall be made as promptly as
conditions permit. The cost of monuments or markers lost, destroyed, or disturbed and the
expense or replacement with approved markers or monuments shall be borne by the
Franchisee.
SECTION 22 RESERVATION OF RIGHTS
22.1 The City reserves the right to impose a utility tax on the Franchisee, and/or to
charge the Franchisee a reasonable fee for services provided or rights granted under this
Franchise, to the extent authorized by law.
22.2 The Franchisee agrees that it shall be subject to all authority now or later
possessed by the City or any other governing body having competent jurisdiction to fix just,
reasonable and compensatory rates for services under this Franchise.
22.3 The City reserves the right, upon thirty (30) days written notice to the
Franchisee, to amend or modify the provisions or conditions of this Franchise to conform to
any state, county, federal, or City statute, ordinance, rule or regulation. The City may
terminate this Franchise upon thirty (30) days written notice to the Franchisee if the
Franchisee fails or refuses to comply with such amendment or modification.
SECTION 23 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written consent
of the City. No assignment shall be effective unless an acceptance by the assignee of all
rights, conditions, terms, provisions and responsibilities contained within the Franchise, as
well as surety bonds which the City deems necessary to be posted, are received as
allowed by law. The City's approval of the assignment may be made subject to the
assignee's acceptance of new or modified terms of the Franchise.
SECTION 24 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under
this Franchise, the City may provide the Franchisee with written notice of the City's intent to
revoke the Franchise if the Franchisee's failure is not cured within thirty (30) days of the
date of the notice. During the thirty (30) days following the date of the notice, the
Franchisee shall have the opportunity to remedy the failure to comply. A public hearing
shall be scheduled before the Auburn City Council at least thirty (30) days following the
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 9 of 13
notification on the issue of the revocation. If at the hearing, the City Council finds that
grounds exist to revoke the Franchise under this paragraph and that the revocation is in the
public interest, the City Council may by ordinance revoke the Franchise. The revocation
shall be effective ninety (90) days after the public hearing.
SECTION 25 EXPIRATION AND RENEWAL
25.1 If the Franchisee requests a renewal of this Franchise prior to its expiration
date, the City may, at the City's sole discretion, extend the term of this Franchise for up to
one year beyond the expiration date to allow for processing of the renewal. If the City
elects to extend the term of this Franchise, written notice of the extension shall be provided
to the Franchisee prior to the Franchise expiration date.
25.2 If the Franchisee has not requested a renewal of this Franchise prior to its
expiration date, the City has the right, upon thirty (30) day's prior notice to the Franchisee,
to remove or relocate any of the Franchisee's Facilities as is reasonably necessary for the
public's health, welfare or safety, or for the construction, alteration, or improvement of the
Franchise Area, or for the construction or installation of lines or facilities of other franchise
holders. The Franchisee shall be liable for costs incurred in any removal or relocation of
the Franchisee's Facilities under this section.
25.3 Upon the expiration of this Franchise, the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchisee's existing facilities in the
Franchise Area, but shall not have the right to provide additional services. This Section
and Sections 11, 13, 14, 15, 16, 19, and 21 of this Franchise shall continue in force until
such time as the Franchisee's Facilities are abandoned to the City in accordance with the
terms and conditions of the Settlement Agreement.
SECTION 26 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act and the City's
Environmental Standards and Ordinances.
SECTION 27 NON-DISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this Franchise, there shall be
no discrimination against any employee or applicant for employment because of sex,
sexual orientation, age, race, color, national origin, marital status or the presence of any
sensory, mental, or physical handicap, unless based upon a bona fide occupation
qualification. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement on
the grounds of sex, sexual orientation, race, color, national origin, age, except minimum
age and retirement provisions, marital status, or the presence of any sensory, mental or
physical handicap.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 10 of 13
SECTION 28 NOTICE
All notices between the two agencies hereunder may be delivered or mailed.
they shall be sent to the following respective addresses:
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
If mailed,
Lakehaven Utility District:
General Manager
31627 1st Ave South
PO Box 4249
Federal Way, WA 98063-4249
253-941-1516
or to such other representative addresses as either party may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class)
shall be deemed to have been given on the second business day following the date of
mailing, if properly mailed and addressed. Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
mailing, if properly mailed and addressed. For all types of mail, the postmark affixed bythe
United States Postal Service shall be conclusive evidence of the date of mailing.
If an emergency situation develops it is recommended that the City or the Franchisee call
911 to solicit an emergency response.
SECTION 29 ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially prevail
in such action, the losing party shall, in addition to all other payments required therein, pay
all of the prevailing party's reasonable costs in connection with such action, including such
sums as the court or courts may adjudge reasonable as attorney's fees in trial court and in
appellate courts.
SECTION 30 SEVERANCE
If any term, provision, condition or portion of this Franchise is held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Franchise which shall
continue in full force and effect, unless the dominant purpose of the Franchise would be
prevented or the public interest would no longer be served, as determined by the City.
SECTION 31 EFFECTIVE DATE
This ordinance having been introduced at least five days prior to its date of passage and
submitted to the city attorney, and being approved by at least a majority of the entire city
council at a regular city council meeting, shall take effect and be in force five days after its
passage, approval and publication as required by law, but not prior to September 1,2002.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 11 of 13
SECTION 32 EXISTING UTILITIES
This Franchise shall govern existing and future sanitary sewer facilities currently owned,
operated and maintained by Lakehaven Utility District within the City of Auburn.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day
and year first above written.
LAKEHAVEN UTILITY DISTRICT
Approved by the Lakehaven Utility District, Federal Way, Washington, at its regular meeting
held on the Z~ ~ day of 5~.~'~ ,2002.
ir'
By:
Manager
Lakehaven Utility District
Approved as to form:
Steven H. Pritchett, General Counsel
Lakehaven Utility District
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 12 of 13
CITY OF AUBURN
PASSED by Resolution N~. 3517 of the City of Auburn, Washington, at its regular
meeting held on the ~- day of September, 2002.
APPROVED by Auburn's Mayor this F?~--- day of September, 2002. By:
Peter B. Lewis, Mayor
City of Auburn
Attest:
Danielle Daskam, City Clerk
FILED WITH THE CITY CLERK:
uanlel u,
PASSED BY AUBURN'S CITY COUNCIL:September 3, 2002
PUBLISHED: ~/A
EFFECTIVE DATE: September 3, 2002
AUBURN ORDINANCE NO: Resolution No. 3517
LAKEHAVEN REFERENCE NUMBER:
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Page 13 of 13
Auburn - Lakehaven Sanitary Sewer Franchise
EXHIBIT 1
Description of Lakehaven Utility District's Sanitary Sewer Franchise Area
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M.;
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23 TO THE
NORTHWEST CORNER OF SAID SECTION 23 AND THE SOUTHEAST
CORNER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 15 TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION
15;
THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 15 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 10 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 3 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.;
THENCE NORTHERLY ALONG THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 34 TO THE NORTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF SAID SECTION 34;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER OF SAID SECTION 34 TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M.;
THENCE EASTERLY ALONG THE EAST-WEST CENTERLINE OF SAID
SECTION 35 TO THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.;
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Exhibit 1
Page 1 of 3
THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 36 TO THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 36 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER OF SAID SECTION 1 TO THE NORTHEAST CORNER OF SAID
SECTION 1;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 1 TO THE
SOUTHEAST CORNER OF SAID SECTION 1;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 1 TO THE
SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M.;
THENCE WESTERLY ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 2 TO THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M.;
THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 11 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 14 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.;
THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 23 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 23;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE
POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit "A"
Auburn Resolution No. 3517
Auburn - Lakehaven Sanitary Sewer Franchise
Exhibit 1
Page 2 of 3
Legend:
Franchise Area
City of Auburn
Potential Annexation Area
Auburn - Lakehaven Sanitary Sewer Franchise
Exhibit 1
Page 3 of 3