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RESOLUTION NO. 3 6 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A NONEXCLUSIVE FRANCHISE
WITH PIERCE COUNTY FOR THE PURPOSE OF
CONSTRUCTING, OPERATING AND MAINTAINING
SANITARY SEWER FACILITIES OVER, IN, ALONG, AND
UNDER CERTAIN PUBLIC ROADS AND HIGHWAY IN
PIERCE COUNTY, WASHINGTON
WHEREAS, the City of Auburn has applied for a nonexclusive Franchise
to construct, operate and maintain a sanitary sewer pipeline system over, in,
along, and under certain public roads, highways, and other county prop erty in
Pierce County, Washington, as hereinafter set forth; and
WHEREAS, Pierce County has passed the franchise as Pierce County
Ordinance 2003-74 at a regularly scheduled County Council meeting of
November 4, 2003 under the provisions of Chapter 36.55.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Franchise with
Pierce County, in substantial conformity with the agreement attached hereto,
marked as Exhibit "1 and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 3664
December 1, 2003
Page 1
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this \S~ day of\>-E'Ce~Ì'\\::x:oa003.
CITY OF AUBURN
"~
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3664
December 1, 2003
Page 2
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200402030320 24 PGS
02-03-2004 12:49pm $42.00
PIERCE COUNTY. WASHINGTON
Name & Return Address
Denise Johnson
Pierce County Council
930 Tacoma Ave. S., Rrn. 1046
Tacoma, WA 98402
Please print le2ibly or type information
Document Title (Or transaction contained therein)
Ordinance 2003-74
Grantor(s) (Last name first, then first name, middle name)
Pierce County
Additional Names on Pa2e of Document
Grantee(s) (Last name first, then first name, middle name)
Ordinance Number 2003-74
Additional Names on Pa2e of Document
Legal Description (Abbreviated: i.e., lot, block, plat or section, township, range)
Sanitary Sewer Pipeline System Over, In, Along, and Under Certain Public Roads and
Highways in Pierce County, Washington.
Complete Le2al Description on Pa2e(s) 6-8 of Document
Auditor's Reference Number(s)
nla
Assessor's Property Tax Parcel/Account Number(s)
Not assigned.
The Auditor/Recorder will rely on the information provided on this cover sheet. The staff
will not read the document to verify the accuracy or completeness of the indexing
information provided herein.
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81
FILE NO.
PROPOSAL NO. 2003-74
Sponsored by: Councilmember Shawn Bunney
Requested by: County Executive/Public Works & Utilities
Department
ORDINANCE NO.
2003-74
AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING THE CITY OF
AUBURN, A MUNICIPAL CORPORATION OF THE STATE OF
WASHINGTON, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, AND MAINTAIN A SANITARY SEWER PIPELINE
SYSTEM OVER, IN, ALONG, AND UNDER CERTAIN PUBLIC
ROADS AND HIGHWAYS IN PIERCE COUNTY, WASHINGTON;
AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE THE
FRANCHISE.
WHEREAS, the City of Auburn has applied for a nonexclusive
Franchise to construct, operate, and maintain a sanitary sewer
pipeline system over, in, along, and under certain public roads,
highways, and other County property in Pierce County, Washington,
as hereinafter set forth; and
WHEREAS, Said application came on regularly for hearing
before the Pierce County Council on the date set forth below
under the provisions of Chapter 36.55; NOW, THEREFORE,
Page 1 of 3, Ordinance No. 2003-74
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BE IT ORDAINED by the Council of Pierce County:
Section 1. The Franchise, a copy of which is attached
hereto and identified as Exhibit "A," is hereby given and granted
to the City of Auburn, its approved successors and assigns,
hereinafter referred to as the Grantee, for a period of 15 years
from and after the effective date of this Ordinance to construct,
operate, and maintain a sanitary sewer pipeline system for the
transportation of sewage over, in, along, and under those certain
public roads, highways, and other County property in Pierce
County, Washington, described within said Franchise.
Section 2. The City of Auburn must indicate its full
acceptance of this Franchise and all its terms and conditions
within 30 days from the effective date of the Ordinance. Said
acceptance is to be in writing and filed with the Clerk of the
Pierce County Council and shall be a condition precedent to the
validity of said Franchise, and unless the Franchise is accepted
within such time, this grant of permission shall be null and
void.
'.
Page 2 of 3, Ordinance No. 2003-74
'k.
1 Section 3. The Executive of Pierce County is hereby
2 authorized to execute said Franchise.
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PASSED this
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t-..¡
day of () Z;V~
, 2003.
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6 ATTEST:
PIERCE COUNTY COUNCIL
PIERCE COUNTY, Washington
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Approved As To Form Only:
PIERCE COUNTY EXECUTIVE
John Ladenburg
Ap
th
Vetoed
~, 2003.
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Date of Publication of ~ ~
Notice of Public Hearing: - I / l))If2.1/h..~8'i-/Si d.oc'):J-
Effecti ve Date of Ordinance: ÇÞ7?'¡~ aJ-/~ (;léi01-
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Page 3 of 3, Ordinance No. 2003-74
1 Exhibit "A" to Ordinance No.
2003-74
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In the Matter of the Application of
the City of Auburn, a Municipal
Corporation of the State of Washington,
for a nonexclusive franchise to
construct, operate, and maintain
a sanitary sewer pipeline system
over, in, along, across, under, and
along certain Public Roads and
Highways in Pierce County, Washington
F RAN CHI S E
EXHIBIT "A"
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Application of the City of Auburn, for a nonexclusive
9
Franchise to construct and maintain a sanitary sewer pipeline
10
system for disposal of sewage in, across, under, upon, along, and
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certain public
roads
and highways
in
Pierce
County,
over
12
Washington, as hereinafter set forth, having come on regularly for
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hearing before the County Council of Pierce County, Washington,
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under the provisions of Chapter 36.55, Revised Code of Washington;
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NOW, THEREFORE, IT IS ORDERED, that a Franchise be, and the same is
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hereby given and granted to the City of Auburn, hereinafter
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referred to as "Grantee," for a period of 15 years from and after
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the date of filing of this Franchise with the Clerk of the Pierce
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County Council.
This Franchise is a license for the privilege and
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authority to construct, maintain, and operate for the said period
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of time, a sanitary sewer pipeline with appurtenances for a
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sanitary sewer pipeline system in, across, under, upon, along, and
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over the public roads and highways in Pierce County, Washington, to
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wit:
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Exhibit "A"
Page 1 of 19, Ordinance No. 2003-74
1 Those portions of Section 5, and the Northwest quarter of
2 Section 8, all in Township 20 North, Range 5 East, W.M.,
3 Pierce County, Washington, said portions more particularly
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4 described as follows:
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Beginning at the Northwest corner of said Section 5,
Township 20 North, Range 5 East, W.M.;
Thence East along the North line of said Section 5 to the
Northeast corner of said Section 5;
Thence South along the East line of said Section 5 a
distance of 50 feet, more or less, to the East right of
way line of 182nd Avenue East;
Thence Southerly along said East right of way line 2,500
feet, more or less, to the South line of the Northwest
quarter of said Section 4;
Thence West along said South line 30 feet to the quarter
corner common to said Sections 4 and 5;
Thence West 660 feet, more or less, along the North line
of the Southeast quarter of said Section 5 to the East
line of the West half of the Northeast quarter of the
Southeast quarter of said Section 5;
Exhibit "A"
Page 2 of 19, Ordinance No. 2003-74
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Thence South 1,320 feet, more or less, along last said
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East line to the South line of the Northeast quarter of
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the Southeast quarter of said Section 5;
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Thence West 660 feet, more or less, along last said South
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line to the Southeast corner of the Northwest quarter of
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the southeast quarter of said Section 5;
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Thence West 660 feet, more or less, along the South line
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of the Northwest quarter of the Southeast quarter of said
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Section 5 to the Northeast corner of the West half of the
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Southwest quarter of the Southeast quarter of said
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Section 5;
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Thence South 1,320 feet, more or less, along the East
line of said West half of the Southwest quarter of the
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Southeast quarter of said Section 5 to the South line of
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the Southeast quarter of said Section 5;
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Thence West along last said South line 660 feet, more or
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less, to the quarter corner common to said Sections 5 and
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8 ;
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Thence West along the South line of the Southeast quarter
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of the Southwest quarter of said Section 5 a distance of
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1,320 feet, more or less, to the Northeast corner of the
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North half of the Northwest quarter of the Northwest
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quarter of said Section 8;
Exhibit "A"
Page 3 of 19, Ordinance No. 2003-74
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Thence South 660 feet, more or less, along the East line
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of said North half of the Northwest quarter of the
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Northwest quarter of said Section 8 to the South line of
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said North half of the Northwest quarter of the Northwest
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quarter of said Section 8;
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Thence West 1,320 feet, more or less, along last said
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South line to the West line of said Section 8;
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Thence North 660 feet, more or less, along said West line
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to the corner common to Sections 5, 6, 7, and 8, Township
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20 North, Range 5 East, W.M.;
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Thence North along the West line of said Section 5 to the
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Point of Beginning.
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Situate in Pierce County, Washington.
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In the construction and installations of sanitary sewer
20 pipeline appurtenances and the excavation of trenches on County
21 roads
for the purposes
relaying,
connecting,
laying,
of
22 disconnecting, and repairing mains and pipes and making connections
23 between the same to the dwellings and other buildings of the
24 consumers, the Grantee shall be governed by and conform to the
25 general rules adopted by Pierce County Public Works and Utilities
26 - Transportation Services of Pierce County, Washington; and the
27 Grantee, at no expense to the County, shall complete all such work
Exhibit "A"
Page 4 of 19, Ordinance No. 2003-74
1 and shall repair the County roads and leave the same in as good a
2 condition as before the work was commenced;
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4 PROVIDED, HOWEVER, that no such work shall be done prior to
5 the obtaining of a permit therefore issued by the Pierce County
6 Engineer (hereinafter "Engineer"), which permit shall set forth
7 conditions pertaining to the work to be done and specifications for
8 the restoration of the roads to the same condition as they were
9 prior to such work; and
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11 PROVIDED FURTHER, the Engineer, in his or her discretion, may
12 require a bond in a sum sufficient to guarantee to Pierce County
13 that such roads shall be restored to the same condition as existed
14 prior to such work. If the Grantee does not repair the County roads
15 to the satisfaction of the Engineer, Pierce County Public Works and
16 Utilities - Transportation Services may, at its sole discretion,
17 repair such County roads, or cause them to be repaired, and the
18 Grantee hereby agrees to reimburse the County of Pierce for the
19 cost of such work, including overhead costs.
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21 Before any work is performed under this Franchise that may
22 affect any existing monuments or markers of any nature relating to
23 section subdivisions, plats, roads, and all other surveys, Grantee
24 shall reference all such monuments and markers in accordance with
25 Revised Code of Washington (RCW) 58.09.130. The reference points
26 shall be so located that they will not be disturbed during
27 Grantee's operations under this Franchise.
The method of
Exhibit "A"
Page 5 of 19, Ordinance No. 2003-74
1 referencing these monuments or other points to be referenced shall
2 be approved by the County Engineer. The replacement of all such
3 monuments or markers disturbed during construction shall be made as
4 expeditiously as conditions permit, and as directed by the County
5 Engineer. The cost of monuments or other markers lost, destroyed,
6 or disturbed, and the expense of replacement with approved
7 monuments shall be borne by Grantee.
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9 A complete set of reference notes for monuments and other ties
10 shall be filed with Pierce County Public Works and Utilities -
11 Transportation Services.
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II
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The sanitary sewer mains and pipes shall be laid down as
directed by the Engineer or his or her designee at a depth to be
determined at the time of permit application, and in such a manner
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17 as not to interfere unnecessarily with the construction of
18 utilities and drains, nor with the grading of the County roads.
19 All surface appurtenances to the sanitary sewer system shall be
20 installed or constructed as approved by the Engineer.
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22 III
23 All work done under this Franchise shall be done in a thorough
24 and professional manner and in the laying of sanitary sewer pipes
25 and conduits and the digging of ditches therefore, the Grantee
26 shall leave ditches in such a way as to interfere as little as
27 possible with public travel and shall take all due and necessary
Exhibit "A"
Page 6 of 19, Ordinance No. 2003-74
1 precautions to ensure that damage or inj ury shall not occur or
2 arise by reason of such work; and that where any ditches or
3 trenches are left open at night, the Grantee shall place at all
4 crossings sui table lights in such a position to guard against
5 danger, and the Grantee shall be liable for all property damage or
6 personal injury that may be caused by reason of any inj ury
7 sustained through its negligence by reason of any person, animal,
8 or property being injured through any negligence of the Grantee, or
9 by reason of any damage caused through the neglect to properly
10 guard any ditches or trenches dug or maintained by the Grantee.
11 The Engineer may specify actions to be taken to ensure the safety
12 of
the public and the
Grantee
shall
comply with such
13 specifications.
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15 IV
16 The County of Pierce, in the granting of this Franchise, does
17 not waive any rights that it now holds or may hereafter acquire and
18 this Franchise shall not be construed to deprive the County of
19 Pierce of any powers, rights, or privileges that it now has or may
20 hereafter acquire, including the right of eminent domain to
21 regulate the use and control of the County roads covered by this
22 Franchise, or to go upon any and all County roads and highways for
23 the purpose of constructing and improving the same in such a manner
24 as the County of Pierce or its representatives may elect.
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Exhibit "A"
Page 7 of 19, Ordinance No. 2003-74
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2 Grantee shall provide a certificate of insurance showing
3 evidence of commercial general liability and property damage
4 liability insurance that includes but is not limited to, the
5 operations of the Grantee, the Grantee's protective liability,
6 products-completed operations coverage,
broad form blanket
7 contractual liability:
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COVERAGES
Commercial General Liability Insurance
Bodily Injury Liability
Property Damage Liability
LIMITS OF LIABILITY
$2,000,000 Each
Occurrence
$250,000 Each
Occurrence
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or
COMBINED SINGLE
LIMIT COVERAGE OF
$2,000,000
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15 The general requirements of the policy shall contain:
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Pierce County is named as an additional Insured with
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respect to this Franchise and such insurance as is
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carried by the Grantee for the operation of its facility.
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In the event of nonrenewal, cancellation, or material
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change in the coverage provided, 30 days written notice
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will be furnished to the County prior to the date of
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nonrenewal, cancellation, or change. Such notice shall
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be sent to the Engineer, Public Works and Utili ties -
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Transportation Services, 2401 South 35th Street, Room
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150, Tacoma, Washington 98409-2740.
Exhibit "A"
Page 8 of 19, Ordinance No. 2003-74
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Pierce County has no obligation to report occurrences to
the insurance companies unless a claim is filed with the
County; and Pierce County has no obligations to pay
premiums.
The
insurance
Grantee's
policies
shall
contain
a
7 "cross-liability" endorsement substantially as follows:
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The inclusion of more than one Insured under this policy
shall not affect the rights of any Insured with respect
to any claim, suit, or judgment made or brought by or for
any other Insured or by or for any employee of any other
Insured. This policy shall protect each Insured in the
same manner as though a separate policy has been issued
to each, except that nothing herein shall operate to
increase the company 's liability beyond the amount or
amounts for which the company would have been liable had
only one Insured been named.
The Grantee's insurance is primary over any insurance
that may be carried by Pierce County. Grantee agrees to
provide proof of insurance each year to Pierce County.
The Grantee agrees to defend, indemnify, and save
harmless Pierce County, its appointed and elected
officials and employees, from and against all loss or
expense, including but not limited to, judgments,
Exhibit "An
Page 9 of 19, Ordinance No. 2003-74
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settlements, attorney's fees and costs by reasons of any
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and all claims and demands upon the County, its elected
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or appointed officials or employees for damages because
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of personal or bodily injury including death at any time
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resulting therefrom, sustained by any person or persons,
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and on account of damage to property including loss of
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use thereof, arising out of or in consequence of this
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Franchise, whether such injuries to persons or damage to
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properties are due to the negligence of the Grantee,
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Pierce County, its appointed or elected officers,
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employees, or their agents, except only such injury or
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damage as shall have been occasioned by the sole
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negligence of the County, its appointed or elected
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officials or employees.
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If the claim, suit, or action for injuries, death, or
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damages as provided for in this Franchise agreement is
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caused by or results from the concurrent negligence of
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(a) Pierce County or Pierce County's agents or employees,
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and (b) the Grantee, or the Grantee's agents or
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employees, the indemnity provisions provided for in this
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Franchise shall be valid and enforceable only to the
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extent of the Grantee's negligence.
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Grantee specifically and expressly waives any immunity
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under Industrial Insurance Title 51 RCW, and acknowledges
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Exhibit "A"
Page 10 of 19, Ordinance No. 2003-74
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that this waiver was mutually agreed upon by the parties
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herein.
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4 VI
5 If, at any time, the County of Pierce shall vacate any public
6 street, road, or alley that is subject to rights granted by this
7 Franchise, the Pierce County Council may, at its option, and by
8 giving 30 days written notice to the Grantee, its successors and
9 assigns, terminate this Franchise with reference to such County
10 road, street, or alley so acquired and the County of Pierce shall
11 not be liable for any damages or loss to the Grantee by reason of
12 such termination.
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VII
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If, at any time, a new County road is created or established,
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and constructed, or an existing County road is reconstructed,
realigned, or its grade is changed, or if sewer or drainage
facilities, or any other facilities, within future or existing
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19 County
road
right-of-way
are
constructed,
reconstructed,
20 maintained, or relocated (all such work to be called "County
21 Projects" hereinafter) and if the installation of the facilities as
22 allowed in this Franchise, and all supplements and changes thereto,
23 should interfere in any manner with any such County projects, then
24 the Grantee at no expense to the Pierce County shall, upon notice,
25 change the location or adjust the elevation of its facilities so
26 that such facilities shall not interfere with such County projects.
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Exhibit "A"
Page 11 of 19, Ordinance No. 2003-74
1 When relocation of Grantee's facilities is required by such
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2 County projects the following procedures shall be followed:
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1.
Pierce County shall make available to Grantee a list of
anticipated projects for each new budget period as soon
as is reasonably practicable.
2.
Pierce County shall provide to Grantee two sets of
preliminary plans for individual projects as soon as such
plans are developed to a state of reasonable certainty,
and shall advise Grantee of the anticipated date of start
of work on such projects.
3.
Grantee shall, when requested by Pierce County in
writing, locate its facilities in the field, show those
locations on one set of the preliminary plans provided,
and return that set to Pierce County Public Works and
Utilities - Transportation Services within four weeks of
receiving the written request.
4.
Pierce County shall provide to Grantee final plans for
such projects as soon as such plans are available and
shall confirm or correct the anticipated date of start of
work on such projects.
5.
Pierce County shall assist Grantee in determining how its
facilities shall be relocated. Such assistance by Pierce
Exhibit "A"
Page 12 of 19, Ordinance No. 2003-74
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County shall include, at a minimum, copies of plans (as
required above) and specifications for such County
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projects, and information known to pierce County as to
existing survey control available for location of such
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County projects. Such assistance shall not subject
pierce County to any liability for the costs of
relocating the subject facilities a second time if
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Grantee incorrectly relocated its facilities the first
time.
11.
6.
When requested, Pierce County and Grantee shall meet to
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discuss how County projects and utility relocations can
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be accomplished with the least impact on the other.
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Pierce County's decision shall be final in such matters,
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but shall not be unreasonable.
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7.
Relocation of Grantee's facilities shall be completed in
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a timely manner defined as follows:
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Relocation of Grantee's facilities shall normally be
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accomplished in advance of County projects. In the
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event relocation of Grantee's facilities shall be
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done concurrently with such projects, Pierce County
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shall be so notified and agree to a written
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schedule for relocation.
Compliance with such a
written schedule shall be Grantee's duty. In no
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Exhibit "An
Page 13 of 19, Ordinance No. 2003-74
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event shall relocation of Grantee's facilities
interfere with the prosecution of County projects.
8.
If Grantee does not relocate its facilities in a timely
manner as required above, Pierce County may relocate, or
cause to be relocated, such facilities of Grantee as
Pierce County deems necessary, and in the manner Pierce
County deems necessary, in its sole discretion. Grantee
hereby indemnifies and holds
its
Pierce County,
employees, officers, officials, and agents totally free
and harmless from all and any liability that may arise
from damages caused by the relocation by Pierce County of
the facilities of Grantee, even if such damages and
liability arise from the negligence of Pierce County, its
employees, officers, officials, and agents.
9.
Grantee hereby indemnifies and hold harmless Pierce
County, its officers, officials, and employees, from
damages that may arise from Grantee's failure to relocate
its facilities in accordance with the dates for
completion of relocation of facilities set forth above,
or
any other act or omission by Grantee,
its
contractor(s), agents, officers, or employees related to
the provisions of this Franchise.
10. It shall be conclusively presumed that Pierce County will
have suffered damages as a result of exercising its
Exhibit "A"
Page 14 of 19, Ordinance No. 2003-74
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rights as set forth in Item 8 above, and compensation for
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such damages will be difficult to ascertain,
and
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therefore, Grantee shall compensate Pierce County for
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such damages in the amount of twice the amount of the
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cost of such relocation of Grantee's facilities by Pierce
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County.
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11. The exercise of its rights, as set forth in Item 8. above
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by Pierce County in no way relieves Grantee of completing
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and/or finalizing the relocation of its facilities at no
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expense to Pierce County if the relocation work done by
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Pierce County is incomplete.
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12. In the event a law suit is brought by Pierce County
against Grantee to collect damages presumed under Item
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10. above for the exercise by Pierce County of its rights
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under Item 8. above, Grantee hereby agrees the only issue
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will be the actual cost to Pierce County for relocating
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Grantee's facilities.
The party prevailing in such an
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action shall be allowed its legal fees and costs.
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VIII
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The Grantee shall not sell, transfer, or assign this Franchise
24 without first notifying the Pierce County Council. The terms and
25 conditions set forth herein shall be binding on the Grantee's
26 successors and assigns unless amended by the Pierce County Council.
27
Exhibit "A"
Page 15 of 19, Ordinance No. 2003-74
1 IX
2 This Franchise is granted upon the further express condition
3 that it shall not be an exclusive Franchise and shall not, in any
4 manner, prohibit the County of Pierce from granting any other
5 Franchise over, in, along, under, upon, and across any of the said
6 County roads of any kind and character or territories that may be
7 deemed proper by the Pierce County Council, and this Franchise
8 shall not in any way prevent the County of Pierce from using the
9 County roads and highways, or affect the jurisdiction over them and
10 every part of them by the County of Pierce with full power to make
11 the necessary repairs, changes, and alterations in the same and
12 like manner as though this Franchise had never been granted.
13
14 Pierce County reserves for itself the right to so change,
15 amend, modify, or amplify this Franchise to conform to any State
16 statute, order of the Washington Utilities and Transportation
17 Commission, or County regulation, ordinance, or right-of-way
18 regulation, as may hereafter be enacted, adopted, or promulgated.
19 This Franchise may be terminated at any time upon 90 days written
20 notice to the Grantee if the Grantee fails to comply with the terms
21 and conditions of this Franchise, or if the Grantee fails to comply
22 with such changes, amendments, modifications, or amplifications and
23 upon termination Pierce County shall have a lien upon all equipment
24 and materials erected or placed under this Franchise, which lien
25 may be enforced to reimburse Pierce County for any reasonable
26 expenses and payments incurred in terminating this Franchise and to
27 cure defaults by the Grantee.
Exhibit "A"
Page 16 of 19, Ordinance No. 2003-74
1
Grantee agrees to and shall provide publicly available
2 financial information to the County upon reasonable request.
3 Grantee agrees to and shall during regular business hours allow
4 agents of Pierce County access for inspection and reproduction of
5 all of Grantee's publicly available business records and financial
6 statements to determine the financial capability of the Grantee to
7 adequately install and maintain facilities in the right-of-way.
8
9 X
10 In the event that the territory covered by this Franchise, or
11 any portion thereof, shall at any time during the Franchise period
12 be included within the limits of any incorporated city or town, the
13 authorities of said city or town shall have the right, to be
14 exercised at their discretion, to acquire by purchase or
15 condemnation, any part of such pipes, conduits, and sanitary sewer
16 systems existing within the corporate limits of said city or town,
17 other than transmission lines, at a price to be based upon the
18 reasonable value of the same at the time, without any additional
19 value for the Franchise or any unexpired period thereof, and upon
20 such acquirement, this grant and Franchise of those public roads
21 and limits of said incorporated city or town shall immediately
22 terminate.
23
24
XI
25
Grantee acknowledges that Pierce County Charter Section 9.20
26 Franchises provides in part: All Franchises shall be subject to
27 ... the right of the Council, or the people acting for themselves
Exhibit "A"
Page 17 of 19, Ordinance No. 2003-74
1 through referendum, to repeal for cause, amend, or modify the
2 Franchise in the interest of the public, and agrees to said
3 condition.
4
5 XII
6 Any failure to render adequate service to the patrons of said
7 sanitary sewer system, or the discontinuance of such sanitary sewer
8 services without fault on the part of the patron or patrons
9 involved, for a period of 30 days, shall work a forfeiture of this
10 Franchise, at the discretion of the Pierce County Council unless
11 the failure should result from causes beyond human control.
12
13 XIII
14 Venue and jurisdiction for any controversy arising from this
15 Franchise shall be in Pierce County, Washington.
16
17
XIV
18
The full acceptance of this Franchise and all its terms and
19 conditions within 30 days from Yìov~ .2'-(
20::'.L, by
20 City of Auburn, in writing, is to be filed with the Clerk of the
21 Pierce County Council and shall be a condition precedent to this
22 Franchise taking effect, and unless this Franchise is accepted
23 within such time, this Franchise shall be null and void.
24
25
26
27
Exhibit "A"
Page 18 of 19, Ordinance No. 2003-74
1 Pursuant to RCW 36.55.080, a copy of this Franchise shall be
2 recorded in the Office of the Pierce County Auditor.
3
4
Dated at Tacoma, Washington, this
CYf-C
Ó
day of
5
..~t~-i;;l·\ ~<;¡: .
..
, 20 ,_~) ,(
6
7
¡/
8
9
We hereby accept and agree
10
conditions of this Franchise.
~~
~
11
11-{15!ð3
Date
12
Name
13
14
\)\ 0... ~ð Ý
Title
15
16
17
Date of Publication of
18 Notice of Public Hearing: ~ t)Je-¡~ f"" (f ,?()O")-
19 Effective Date of Ordinance:
'--21 ¿).)a~~ .;l 4/ ,L()c.) ~
20
21
22
23
24
25
26
27
(l/
Exhibit "A"
Page 19 of 19, Ordinance No. 2003-74
Pierce County
Office of the County Council
930 Tacoma Avenue South, Room 1046
Tacoma, Washington 98402-2176
(253) 798-7777
FAX (253) 798-7509
1-800-992-2456
STATE OF WASHINGTON )
)
COUNTY OF PIERCE )
I, PATRICIA L. FACE, Deputy Clerk of the Pierce County Council, do hereby certify that the
attached is a full, true, and correct copy of the following document:
ORDINANCE NO. 2003-74
The original of this document is currently located in the Office of the Pierce County
Council, 930 Tacoma Avenue South, Room 1046, Tacoma, Washington 98402.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Pierce
County, Washington, this
23rd
day of January
, 2004.
PIERCE COUNTY COUNCIL
PIERCE COUNTY, WASHINGTON
,.-.." t
r ! " ,
·kef) ((~) ,:rCl1Z~__
Patricia L. Face, Deputy Clerk
Pierce County Council