ORD 06-529ORDINANCE NO. &,- 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING
WASHINGTON STATE PARKS AND RECREATION A
NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF-
WAY OF THE CITY OF FEDERAL WAY, WASHINGTON,
WITHIN THE SPECIFIED FRANCHISE AREA TO
CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND
REMOVE GRAVITY SEWER LINE, AND OTHER
UTILITIES, WITH ALL CONNECTIONS AND
APPURTENANCES THERETO, FOR STATE PARK
PURPOSES, WITHIN AND THROUGH CERTAIN RIGHTS
OF WAY AND STREETS WITHIN THE CITY OF FEDERAL
WAY.
WHEREAS, Washington State Parks and Recreation has requested a franchise from the City
of Federal Way, in order to construct, operate and maintain a sewer line connection and other utilities
for State Park purposes through certain public rights -of -way, including SR509 (Dash Point Road);
and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise, which will specify the rights and duties of Washington State Parks and Recreation;
and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, for conduits,
tunnels, pipes and wires and appurtenances thereof for transmission and distribution of electrical
energy, signals and other methods of communication, for water, sewer and other private and publicly
owned and operated facilities for public service; and
ORD #06 -529, PAGE 1
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
way.
1.4 "Facilities" means Franchisee's equipment to be located within the public right -of-
1.5 "FWCC" means the Federal Way City Code.
1.6 "Franchise Area" means only that portion of South West Dash Point Road rights -of-
way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other
areas approved by the Federal Way City Council and incorporated into this Ordinance via
amendment.
1.7 "Franchisee" means Washington State Parks and Recreation, a State Agency, and its
respective successors and assigns if consented to by the City of Federal Way as provided in Section
22 herein.
ORD #06 -529, PAGE 2
Section 2. Grant /Acceptance
2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of constructing, excavating, installing,
maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is
specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee.
This franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or
capacity provided by the Facilities to other third -party telecommunications providers, and Franchisee
covenants and agrees that it will not do so.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions.
Section 3. Non - Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the
Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys and
highways.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law. At any time not more
than two (2) years nor less than one - hundred- eighty (180) days before the expiration of the Franchise
ORD #06 -529, PAGE 3
or renewed term either party may request a renewal of the Franchise for an additional ten (10) year
renewal period.
Section 5. Location of Facilities
5.1 Location. The Facilities permitted by this Franchise shall be installed underground.
The location of the Facilities, including the underground Facilities and appurtenances, their depths
below surface of ground or grade of a right -of -way, and any related existing equipment to which the
Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days
of the installation of the Facilities. Upon written request of the City, Franchisee shall update such
map to reflect actual or anticipated improvements to the system. Any such map (or update thereof)
so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake
any specific improvements, nor shall such map be construed as a proposal to undertake any specific
improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City of
Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within
the Franchise Area by either field markings or by locating the Facilities on the City's design
drawings, and shall provide all other reasonable cooperation and assistance to the City.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
ORD #06 -529, PAGE 4
accordance with the laws of the State of Washington and City Code requirements, franchise
provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as
required by the Director. This requirement applies whether or not the work is performed by the
Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction.
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications.
Franchisee shall, at its expense, obtain all permits, (including rights -of -way permits), and pay
all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to
commencing any work within the Franchise Area. Franchisee permit applications shall show the
position and location of the proposed facilities to be constructed, laid, installed, or erected at that
time, show their relative position to existing rights -of -way or property lines upon prints drawn to
scale, designate rights -of -way by their names and improvements, such as, but not limited to,
sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines,
turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the
ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type
of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public
traffic during construction. Materials and equipment shall be in new or like -new condition for its
type and kind. The manner of excavation, construction, installation, backfill, and temporary
structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards
of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the
right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices
(MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the
ORD #06 -529, PAGE 5
work. The time needed to complete the work is subject to approval by the City as a condition of the
issuance of the permit or approval.
7.2 Emergency Exception to Permit Requirement.
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in
a condition as to immediately endanger property, or the life, health or safety of any individual,
Franchisee may take action immediately to correct the dangerous condition without first obtaining
any required permit so long as: (1) Franchisee informs the City of nature and extent of the
emergency, and the work to be performed, prior to commencing the work; and (2) such permit is
obtained by Franchisee as soon as practicable following cessation of the emergency.
Section 8. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet (100') without
immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas
within a driving lane must be patched, either temporarily or permanently, before the end of the work
day in which they have been opened. Trench areas within the right -of -way, but not within a driving
lane, must also be patched within the time limits specified by the City on the right -of -way use permit.
Final surface restoration shall be completed within thirty (30) days and shall be equal to or better
than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year -period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall
install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a
minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut,
unless determined otherwise by the Director.
ORD #06 -529, PAGE 6
Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the
Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer
licensed by the State of Washington, showing the "as- built" location of the Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 10. Surface Markings /Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee
shall.reference all monuments and markers relating to subdivisions, plats, highways, and other
surveys, said work shall be completed by a Professional Land Surveyor. The reference points shall
be located so that they shall not be disturbed during the Franchisee's operations under this Franchise.
The method of referencing these monuments or other points shall be approved by the City before
placement. The construction shall be made as expeditiously as conditions permit, and as directed by
the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of
replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference
notes for monuments and other ties shall be filed with the City.
Section 11. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period often (10) days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order
ORD #06 -529, PAGE 7
any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12
herein. If the City causes such work to be done by its own employees or by any person or entity
other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys fees. However, the
City shall not have any electrical work accomplished by any person or entity other than Franchisee or
a qualified and licensed electrical contractor.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or
any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that
is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include, without limitation, the construction, installation, and/or maintenance of any electrical, water,
sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes,
equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects.
This Franchise is not an exclusive Franchise and shall not be construed to in any manner
prohibit the City from granting other and further Franchises in, under, over, upon, and along the
Franchise Area, nor from exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
12.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right -of -way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
ORD #06 -529, PAGE 8
(a) Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications so that Franchisee may relocate its Facilities to accommodate the City work.
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to
relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on
behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as
adjudged in the sole discretion of the City.
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to
Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area
at its sole cost and expense to the location or position directed by the City, to cause the least
interference with the improvement, repair, or alteration contemplated by the City and to conform to
such new grades as may be established. If the City improves a right -of -way, Franchisee shall, at its
sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade
of the improvement with substitute Facilities conforming to the specifications for the improvement
of the right -of -way.
12.4 The provisions of this Section shall in no manner preclude or restrict the Franchisee
from making any arrangements it may deem appropriate when responding to a request for relocation
of its Facilities by any person or entity other than the City, where the Facilities to be constructed by
said person or entity are not or will not become City- owned, operated or maintained Facilities;
provided that such arrangements do not unreasonably delay a City improvement project.
ORD #06 -529, PAGE 9
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of-
way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage, immediately notify the City. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of-
way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right -of -way or an
improvement as required in this section, the City may repair the damage pursuant to Section 11 of
this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall
fail to comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise
immediately revoked.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
ORD #06 -529, PAGE 10
Section 16. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise
Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with
respect to any such vacated area.
Section 17. Compliance with Laws
17.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the
term or condition of this Franchise will control.
17.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop rules, regulations, ordinances and specifications for the use of the right -of -way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
Section 18. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 19. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative
expenses incurred by the City that are directly related to preparing and approving this Franchise.
ORD #06 -529, PAGE 11
Nothing herein shall preclude the City from charging administrative fees or recovering any
administrative costs incurred by the City in the approval of permits or in the supervision, inspection
or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with
applicable provisions of the Federal Way City Code.
Section 20. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, agents, employees, or by the Franchisee's breach of any
provisions of this Franchise; provided, however, that this section shall not be construed as requiring
Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from
the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is
commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 20, the
City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any
such claim, demand, suit or action shall be subject to the City's approval, which shall not be
unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with
prior written consent of the City, which shall not be unreasonably withheld. The City shall have the
right at all times to participate through its own attorney in any suit or action which arises pursuant to
this Franchise when the City determines that such participation is required to protect the interest of
the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,
ORD #06 -529, PAGE 12
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted
thereunder, to the full extent of Franchisee's negligence.
Section 21. Insurance
The Washington State Parks and Recreation Commission, an agency of the State of
Washington, warrants that it is self - insured against liability claims in accordance with the risk
management and tort claims statutes, including RCW 4.92 and RCW 43.21.280 et seq. The tort
claims procedure, RCW 4.92.100 et. seq. provides the fundamental remedy for all tort liability
claims against the Agency and its officers, employees, and agents acting as such and all such claims
must be filed and processed as provided therein.
21.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability
not less than $5,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage; and
(c) Automobile liability insurance with combined single limits of liability not less
than $5,000,000 for bodily injury, including personal injury or death and property damage.
21.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
ORD #06 -529, PAGE 13
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days
prior written notice to the City delivered by certified mail, return receipt requested; and Coverage
shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or
self - insurance by the City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's required insurance, or that of Franchisee's contractors, subcontractors, and agents.
21.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request, Franchisee shall deliver certified copies of all required insurance policies.
21.4 Self- Insurance. In satisfying the requirements set forth in this Section, Franchisee
may self - insure against such risks in such amounts as are consistent with good utility practices.
Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance
(or self - insurance) is being so maintained by Franchisee. Such written evidence shall include, to the
extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to
any insurance maintained by Franchisee in compliance with this Section.
21.3 Contractors and Subcontractors. Franchisee's contractors and subcontractors
must be licensed and bonded in accordance with applicable ordinances, regulations, and
requirements. Work by contractors and subcontractors is subject to the same restrictions,
limitations, and conditions as if the work were performed by Franchisee. Franchisee must ensure
that all such work is performed in compliance with this Franchise and other applicable law.
ORD #06 -529, PAGE 14
Franchisee is responsible to ensure that contractors, subcontractors, or other Persons performing
work on Franchisee's behalf maintain insurance in compliance with this Section.
Section 22. General Provisions
22.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
22.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
22.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder without the prior written consent of the City.
Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice
of the assignment with the City together with its written acceptance of all terms and conditions of
this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or
such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
22.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
ORD #06 -529, PAGE 15
22.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
22.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
22.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
22.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee: Washington State Parks and Recreation
7150 Cleanwater Lane
PO Box 42650
Olympia, WA 98504 -2650
Franchisor: City of Federal Way
Attn: City Attorney
33325 81h Avenue South
P.O. Box 9718
Federal Way, WA 98063
Any notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
ORD #06 -529, PAGE 16
22.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
22.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Section 23. Severabilitv
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise.
Section 24. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 25. Effective Date
This ordinance shall take effect and be in force 30 days from the time of its final passage, as
provided by law, provided it has been duly accepted by Franchisee as herein provided above.
PASSED by the City Council of the City of Federal Way this Z19"'- day of
2006.
ORD #06 -529, PAGE 17
ATTEST:
APPROVED AS TO FORM:
1'�� If
C TY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPTANCE:
ORD 406 -529, PAGE 18
CITY OF FEDERAL WAY
MAYOR, MrCH#if PAAK
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATED this day of 2006.
Washington State Parks and Recreation
-T-
By: Larry Fairleigh
Its: Assistant Director
KAFranchise \State Dash Pt.
ORD 906 -529, PAGE 19
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ORD #06 -529, PAGE 20
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