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