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Home My WebLink About3909 RESOLUTION NO. 3 9 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A NONEXCLUSIVE SUPPLEMENTAL FRANCHISE TO AUBURN'S EXISTING FRANCHISE AGREEMENT WITH PIERCE COUNTY FOR THE PURPOSE OF PROVIDING SANITARY SEWER SERVICES WHEREAS, Aubum's existing franchise established under Aubum Resolution No. 3664 does not permit sanitary sewer lines to cross Pierce County's public right of way known as 16th Street East; and WHEREAS, Aubum is seeking to establish a sanitary sewer system across 16th Street East to provide service to adjacent property; and WHEREAS, Pierce County has passed this nonexclusive supplemental franchise as Pierce County Ordinance 2005-38 at a regularly scheduled meeting on August 16, 2005 under Chapter 36.55 of the revised Code of Washington. 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 nonexclusive supplemental sanitary sewer franchise with Pierce County, in substantial conformity with the agreement attached hereto, marked as Exhibit "1" and incorporated herein by this reference. Resolution No. 3909 September 19,2005 Page 1 of 2 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. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this JCI ~ day of ~~ , 2005. CITY UBUR ~ ~-=-_-o PETER B. LEWIS MAYOR ATTEST: jJ~{jJ(J/~ 'Danielle E. Daskam, City Clerk TO FORM: Resolution No. 3909 September 19, 2005 Page 2 of 2 EXHIBIT 1 Auburn Resolution No. 3909 1 FILE NO. 85 2 3 6 In the Matter of the Application of City of Auburn, a Municipal Corporation of the State of Washington, for a Supplemental Franchise to construct, operate, and maintain sanitary sewer pipelines in, across, under, and along certain Public Roads and Highways in Pierce County, Washington NO. 1 EXHIBIT "A" ORDINANCE NO. 2005-38 4 5 SUP P L E MEN TAL F RAN CHI S E 7 8 Application of City of Auburn, a Municipal Corporation of the 9 State of Washington, for Supplemental Franchise No. 1 to that certain 10 Franchise granted to City of Auburn, a Municipal Corporation of the 11 State of Washington, dated November 24, 2003, bearing File No. 81, 12 having been before the Council of Pierce County, Washington, for 13 public hearing under the provisions of Chapter 36.55, Revised Code of 14 Washington (RCW) , and it appearing to Council that Notice of said 15 hearing having been duly given as required by law, and it is in the 16 public interest to supplement said Franchise dated November 24, 2003, 17 by granting authority to construct, operate, and maintain sanitary 18 sewer pipelines for the purpose of maintaining and operating a 19 sanitary sewer pipeline system in, across, under, and along public 20 roads and highways in pierce County, Washington. 21 22 NOW, THEREFORE, IT IS ORDERED, that the Franchise granted to 23 City of Auburn, a Municipal Corporation of the State of Washington, 24 on November 24, 2003, bearing File No. 81, is hereby supplemented to 25 Page 1 of 3, Ordinance 2005-38 1 add thereto certain additional County roads and highways and other 2 County owned property(ies) and by such supplement give and grant to 3 the City of Auburn, a Municipal Corporation of the State of 4 Washington, with respect to the additional roads and highways 5 hereinafter described, identical Franchise rights, subj ect to the 6 identical express terms and conditions as are contained in said 7 Franchise bearing File No. 81, as amended by Ordinance 2003-74, as 8 follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Franchise boundaries are hereby amended to include the North 100 feet of the East 400 feet of the Northwest quarter of the Northwest quarter of Section 8, Township 20 North, Range 5 East, W.M. The full acceptance of this Supplement to the Franchise and all its terms and conditions within 60 days from , by City of Auburn, a Municipal Corporation of the State of Washington, organized and existing under and by virtue of the laws of the State of Washington, in writing, is to be filed with the Clerk of the Pierce County Council and shall be a condition precedent to its taking effect, and unless this Supplemental Franchise No. 1 is accepted within such time, said Supplemental Franchise No. 1 shall be null and void. Page 2 of 3, Ordinance 2005-38 1 All other terms and conditions of the Franchise granted 2 November 24, 2003, remain in full force and effect. 3 4 Pursuant to RCW 36.55.080, a copy of Supplemental Franchise 5 No. 1 shall be recorded in the office of the Pierce County Auditor. 6 7 DATED at Tacoma, Washington, this ~~ day of~r~' 200~ .~ 8 9 10 11 12 We hereby accept and agree conditions of this Franchise. 13 <.---- 14 15 H/lyOIt... Title 16 17 Approved for Insurance and Bonding Requirements: 4u.6uL-N (Name of Town) 18 ~ SEP 1 9 Z005 Date 19 20 21 Date of publication of Notice of Public Hearing: 22 Effective ~~CN~f)71 aws Date of Ordinance: ~~. S{, &\:).:)5 23 24 Ei{HIBIT 'IA" TO fJrci. dm5" 35 25 Page 3 of 3' terms and ~ "017 I , , , , I , , I I I , , , , I , I , , , I 11.5 I I I , I , l.c.o' i I-m I I I , , I , I , , , I I , , J , I , , I , , I , I , I , I , I , I , I , I". , I I I ~ z ~ ,. ~ ~ < w z <> ;;; ~ ;0 ~ z < ~ ~ w ~ ~ > '" 4-074 I I I J I I / , I , I I I , I I I , I I I t I t I \ ~:. ~ 1 I ~G ,.,' i1 ,I :51. e!l: .~ I " I: " I I I , I I I I I I I I I I I I I , I , , I I , , I t I I I I , I I , I , I I I , I , I , I I 4-Ul 4-011 - ~ ~ "" J "" "'> , - ""i! ~- I "'" "'" 4-014 Q.., "'" 5vrp\~W\t.r\W Au."\. 1-00t ,-on .. I I , f 10 '" , I I t , t , I I I , I , t TACOAJ M 111-' . m~' " I I I I I I , I I I I , I I I I . 1 FILE NO. 2 Sponsored by: 3 Requested by: 4 5 6 7 AN ORDINANCE 8 ""-, 9 10 11 12 85 PROPOSAL NO. 2005-38 Councilmember Terry Lee County Executive/Public Works & Utilitie~ ORDINANCE NO. 2005-38 OF THE PIERCE COUNTY COUNCIL GRANTING SUPPLEMENTAL FRANCHISE NO. 1 TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, FOR LOCATION OF SANITARY SEWER PIPELINES ON CERTAIN RIGHTS-OF-WAY. WHEREAS, the City of Auburn, a Municipal Corporation of the State of Washington, has applied for a nonexclu~ive Supplemental Franchise No. 1 to construct, operate, and maintain sanitary sewer pipelines in, under, and along certain County roads, highways; and other County properties in pierce County, Washington, as hereinafter set forth; and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 Revised Code of Washington (RCW); and WHEREAS, It appears to the Council that notice of said hearing h~~'~~n duly given as required by law, and that it is Page 1 of 3, ordinance No. 2005-38 1 in the public interest to grant Supplemental Franchise No.1; 2 NOW THEREFORE, 3 4 BE IT ORDAINED by the Council of pierce County: 5 6 Section I. Supplemental Franchise, No.1, a copy of which 7 is attached hereto and identified as Exhibit "A," is hereby 8 given ~d granted to the City of Auburn, a Municipal Corporation 9 of the State of Washington, hereinafter referred to as the 10 Grantee, to construct, operate, and maintain sanitary sewer 11 pipelines in, under, and along those certain County roads, 12 highways, and County property(ies) in pierce County, Washington, 13 described in said Supplemental Franchise No.1. 14 15 Section 2. Supplemental Franchise No. 1 is granted for a 16 period of 15 years from and after November 24, 2003, the date of 17 the granting of the original Franchise to the Grantee. 18 19 Section 3. Supplemental Franchise No. 1 is granted on the 20 express. condition that Pierce County may unilaterally at any 21 time upon 90 days' written notice to the Grantee change, amend, 22 modify, or amplify this Supplemental Franchise to conform to any 23 state statute, order of the Washington Utilities and 24 Transportation Commission, or County regulation, ordinance, or 25 right-of-way regulation, as may hereafter be enacted, adopted, 26 or promulgated, and this Franchise may be terminated at any time 27 Page 2 of 3, Ordinance No. 2005-38 1 if the Grantee fails to comply with such change, amendment, 2 modification, or amplification. 3 4 Section 4. Supplemental Franchise No.1 is in accordance 5 with the Pierce County Sewage General plan for the area. 6 7 Section 5. The Executive of pierce County is hereby 8 author~~d to execute Supplemental Franchise No.1. 9 10 PASSED this 10~ day of OC LalJctT , 20 00 11 12 ATTEST: 13 *~tA(WA ~ ,,+OOJ \ tOy Denkse D. Johnson Clerk of the Council 14 15 16 17 18 ~~ 19 20 21 22 Date of Publication of Notice of Public Hearing: 23 Effective Date of Ordinance: 24 25 26 27 PIERCE COUNTY COUNCIL PIERCE C <_, Washington PIERCE COUNTY EXECUTIVE Vet~_ day of ~ 200,.5" ~t=11~ Page 3 of 3, Ordinance No. 2005-38 IIIIIIIIIIIIIIIIII~IIIUIIU~IUIIIq01811111111111111111111111111 ~ . i 200601100994 8 PGS t i 01-10-2006 02:46pm$39.40 ~i PIERCE COUNTY, WASHINGTON ~ RECEIVED Name & Return Address Denise Johnson JQN Z 6 2006 Pierce County Council PIERCE COUNTY COUNCIL 930 Tacoma Ave. S., Rm. 1046 By, Tacoma, WA 98402 Please rint le ibl or type information Dec4m*ewt T40e{14r-•tr*ns*c4ivn vev+ainecl thrreinj Ordinance Number 2005-38 (NOTE: The Ordinance was previously recorded under 200511300341. The Ordinance is being re-recorded due to the missing date on page 2 of 3 of Exhibit A.) Grantor(s) (Last name first, then first name, middle name) Pierce County Additional Names on Pa e of Document Grantee(s) (Last name first, then first name, middle name) Ordinance Number 2005-38 Additional Names on Pa e of Document Legal Description (Abbreviated: i.e., lot, block, plat or section, township, range) Complete Legal Description on Page(s) 6 of Document Auditor's Reference Number(s) p0Sl / 003 y/ Assessor's Property Tax ParceVAccount Number(s) Not assi ned. 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 rovided herein. ~ ,G Pierce County Office of the Counry Council 930 Tacoma Avenue South, Room 1046 Tacoma, Washington 984022176 (253) 798-7777 FAX (253) 798-7509 1-800-992-2456 STATE OF WASHINGTON ) ) COUNTY OF PIERCE ) I, DENISE D. JOHNSON, 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. 2005-38 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 day of, 2005. GE C~ PIERCE COUNTY COUNCIL PIERCE COUNTY, WASHINGTON . .r~ P.i..~~.~-f' ~ W`~ c~U'~.. Denise D. Johnson, lerk Pierce County Council 4~~~SHrNC~Q~~' ~ 1 FILE NO. 85 PROPOSAL NO. 2005-38 2 Sponsored by: Councilmember Terry Lee . 3 Requested by: County Executive/Public Works & Utilities 4 , 5 ORDINANCE NO. 2005-38 6 7 AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING SUPPLEMENTAL 8 FRANCHISE NO. 1 TO THE CITY OF AUBURN, A MUNICIPAL 9 CORPORATION OF THE STP,TE OF WASHINGTON, FOR 10 LOCATION OF SANITARY SEWER PIPELINES ON CERTAIN 11 RIGHTS-OF-WAY. 12 13 WHEREAS, the City of Auburn, a Municipal Corporation of the 14 State of Washington, has applied for a nonexclusive Supplemental 15 Franchise No. 1 to construct, operate, and maintain sanitary 16 sewer pipelines in, under, and along certain County roads, 17 highways, and other County properties in Pierce County, 18 Washington, as hereinafter set forth; and 19 20 WHEREAS, Said application came on regularly for hearing 21 before the Pierce County Council on the date set forth below 22 under the provisions of Chapter 36.55 Revised Code of Washington 23 (RCW); and 24 25 WHEREAS, It appears to the Council that notice of said 26 hearing has been duly given as required by law, and that it is 27 Page 1 of 3, Ordinance No. 2005-38 l 1 in the public interest to grant Supplemental Franchise No. l; 2 NOW THEREFORE, 3 4 BE IT ORDAINED by the Council of Pierce County: 5 6 Section 1. Supplemental Franchise, No. l, a copy of which 7 is attached hereto and identified as Exhibit "A," is hereby g given and granted to the City of Auburn, a Municipal Corporation g of the State of Washington, hereinafter referred to as the 10 Grantee, to construct, operate, and maintain sanitary sewer 11 Pipelines in, under, and along those certain County roads, 12 highways, and County property(ies) in Pierce County, Washington, 13 described in said Supplemental Franchise No. 1. 14 15 Section 2. Supplemental Franchise No. 1 is granted for a 16 period of 15 years from and after November 24, 2003, the date of 17 the granting of the original Franchise to the Grantee. 18 19 Section 3. Supplemental Franchise No. 1 is granted on the 20 express condition that Pierce County may unilaterally at any 21 time upon 90 days' written notice to the Grantee change, amend, 22 modify, or amplify this Supplemental Franchise to conform to any 23 state statute, order of the Washington Utilities and 24 Transportation Commission, or County regulation, ordinance, or 25 right-of-way regulation, as may hereafter be enacted, adopted, 26 or promulgated, and this Franchise may be terminated at any time 27 Page 2 of 3, Ordinance No. 2005-38 ~ 1 if the Grantee fails to comply with such change, amendment, 2 modification, or amplification. 3 4 Section 4. -Supplemental Franchise No. 1 is in accordance 5 with the Pierce County Sewage General Plan for the area. 6 7 Section 5. The Executive of Pierce Courity is hereby g authorized to execute Supplemental Franchise No. 1. 9 PASSED this I lD~~ day of , 20~_. 10 11 12 ATTEST: PIERCE COUNTY COUNCIL PIERCE C Washington 13 14 TnWC1k1(_AT.._~rj0 ~ Denise D. Johnson wn Bunney 15 Clerk of the Council Council Chair ~ 16 17 PIERCE COUNTY EXECUTIVE 18 19 4iM Management pro ed Veto 20 this ~day of 200~ 21 22 Date of Publication of Notice of Public Hearing: 23 Effective Date of Ordinance: 24 25 26 27 - Page 3 of 3, Ordinance No. 2005-38 . t 1 FILE NO. 85 2 3 In the Matter of the Application of ) EXHIBIT "A" City of Auburn, a Municipal Corporation ) ORDINANCE NO. 2005-38. 4 of the State of Washington, for a ) Supplemental Franchise to construct, ) 5 operate, and maintain sanitary sewer ) S U P P L E M E N T A L pipelines in, across, under, and ) F R A N C H I S E ( along certain Public Roads and ) Highways in Pierce County, Washington ) NO. 1 7 8 Application of City of Auburn, a Municipal Corporation of the 9 State of Washington, for Supplemental Franchise No. 1 to that certain 10 Franchise granted to City of Auburn, a Municipal Corporation of the 11 State of Washington, dated November 24, 2003, bearing File No. 81, 12 having been before the Council of Pierce County, Washington, for 13 public hearing under the provisions of Chapter 36.55, Revised Code of 14 Washington (RCW), and it appearing to Council that Notice of said 15 hearing having been duly given as required by law, and it is in the 16 public interest to supplement said Franchise dated November 24, 2003, 17 by granting authority to construct, operate, and maintain sanitary 18 sewer pipelines for the purpose of maintaining and operating a 19 sanitary sewer pipeline system in, across, under, arid along public 20 roads and highways in Pierce County, Washington. 21 22 NOW, THEREFORE, IT IS ORDERED, that the Franchise granted to 23 City of Auburn, a Municipal Corporation of the State of- Washington, 24 on November 24, 2003, bearing File No. 81, is hereby supplemented to 25 Exhibit A to Ordinance 2005-38, Page 1 of 3 ~ 1 add thereto certain additional County roads and highways and other 2 County owned property(ies) and by such supplement give and grant to 3 the City of Auburn, a Municipal Corporation of the State of 4 Washington, with respect to the additional roads and highways 5 hereinafter described, identical Franchise rights, subject to the 6 identical express terms and conditions as are contai ned in said 7 Franchise bearing File No. 81, as amended by Ordinance 2003-74, as g follows: 9 10 The Franchise boundaries are hereby amended to inclucle the North 11 100 feet of the East 400 feet of the Northwest quarter of the 12 Northwest quarter of Section 8, Township 20 North, Range 5 East, 13 W.M. 14 15 The full acceptance of this Supplement to the Franchise and all 16 its terms and conditions within 60 days from 17 by City of Auburn, a Municipal Corporation of the State ig of Washington, organized and existing under and by virtue of the laws 19 of the State of Washington, in writing, is to be filed with the Clerk 20 of the Pierce County Council and shall be a condition precedent to 21 its taking effect, and unless this Supplemental Franchise No. 1 is 22 accepted within such time, said Supplemental Franchise No. 1 shall be 23 null and void. - 24 25 Exhibit A to Ordinance 2005-38, Page 2 of 3 a p ` 1 All other terms and conditions of the Franchise granted 2 November 24, 2003, remain in full force and effect. 3 . 4 Pursuant to RCW 36.55.080, a copy of Supplemental Franchise 5 No. 1 shall be recorded in the office of the Pierce County Auditor. 6 7 DATED at Tacoma, Washington, this ~ day of 200_1!~. 8 9 10 Joh W. adenburg PI RCE OUNTY EXECUTIVE ll We hereby accept and agree o ll the terms and 12 conditions of this Franchise. 13 Name 14 15 X0~. Title 16 17 Approved for Insurance and Bonding Requirements: (Name of Town) is SEP 1 9 2005 19 Date is Mana ement 20 21 Date of Publication of Notice of Public Hearing: 22 Effective Date of Ordinance: ~ c, 23 24 E77OV4191T "N' ''"O ~~C~ • c~~ +~J~ 25 Page 3 of 3'