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ORD 09-615 ORDINANCE NO. 09-615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUpy THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Ordinance 99-344 granted City of Tacoma, dba Tacoma Public Utilities, ("Franchisee") a franchise to operate a water utility within the City of Federal way; and WHEREAS, the franchise will expire on June 24, 2009; and WHEREAS, the City and Franchisee are currently negotiating a new franchise and have agreed to extend the expiration of the current franchise for one year in order to give the parties additiqnal time to negotiate the new franchise. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 99-344, Section 4 Term shall be amended to read as follows: Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) eleven (11) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to the terms ofthis Franchise or other applicable law. Section 2. Acceptance by Franchisee. Franchisee shall have no rights nor shall Franchisee be bound by the terms and conditions ofthis ordinance unless, prior to June 24,2009, Franchisee files with the City its written acceptance of the terms and conditions of this ordinance. Section 3. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to Ordinance No. 09-615 Page 1 of2 make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate support of city government and is not subject to initiative or referendum. This ordinance shall take effect and be in force five (5) days from the time of its final passage, and publication, as provided by law. PASSED by the City Council ofthe City of Federal Way this 2nd day of June, 2009. CITY OF FEDERAL WAY ~OVED AS TO FORM: ~t2~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 5-12-2009 PASSED BY THE CITY COUNCIL: 6-2-2009 PUBLISHED: 6-6-2009 EFFECTIVE DATE: 6-11-2009 ORDINANCE NO.: 09-615 Ordinance No. 09-615 Page 2 of2 """~---'--~'--"-------"-t TACOMA PUBLIC UTILITIES 3628 South 35th Street Tacoma, Washington 98409-3192 June 3,2009 Mr. Marwan Salloum, P.E. Public Works Director/Street Systems Manager City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Dear Mr. Salloum: Subject: Acceptance of Ordinance 09-615 Franchise Extension, Terms, and Conditions By this letter and pursuant to Section 2 of the Franchise Agreement extension, Ordinance number 09-615, the City of Tacoma, dba Tacoma Public Utilities, accepts all the rights and privileges of the Franchise, including the extension of its term for an additional one year period for a total of eleven (11) years. Tacoma Public Utilities acknowledges that such rights and privileges are su~iect to and limited by all of the terms, conditions, and obligations contained therein. (f- ,'. ...v ~ ),). . (~-. ">-~'~""k.!e... . ItV V..0t~ b...;John C. Kirner V - Tacoma Water Superintendent -"'..~'_.'? ~. ,. " ~ ..,'~.~ illiam A. Gaines Director of Utilities/CEO Approved as to form and legality: 'tY ft.- Bill Fosbre Chief Deputy City Attorney Attachment ----- ----- -... ----- TACOMA POWER ~~ ~~ TACOMA WATER ........ -- - - - - - --- TACOMA RAIL