ORD 10-657ORDINANCE NO. 10-657
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 ORDINANCE 99-344, AS AMENDED BY
ORDINANCE 09-165, WHICH GRANTED 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, MAINTAIIVING,
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 through June 24,
2009; and
WHEREAS, Ordinance 09-165 granted a one year extension to Ordinance 99-344; and
WHEREAS, the City and Franchisee are currently seeking court direction regarding the terms
of Ordinance 99-344; and
WHEREAS, the City and Franchisee desire to keep the terms of Ordinance 99-344 in effect
pending the outcome of the court's decision;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Extension of Ordinance 99-344. Ordinance 99-344, as amended by Ordinance 09-
165, shall remain in effect until six (6) months after the resolution of the matter currently pending in
King County Superior Court Cause No. 09-2-45435-3, unless terminated earlier by the mutual
written consent of the City and Franchisee.
Ordinance No. 10-657 Page 1 of 3
Section 2. Acceptance by Franchisee. Franchisee shall have no rights nar shall Franchisee be
bound by the terms and conditions of this ordinance unless, prior to June 24, 2010, 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 of this ordinance are authorized to
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 of the City of Federal Way this 18�' day of May, 2010.
CITY OF FEDERAL WAY
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MA OR, LINDA K CHMAR
ATTEST:
CITY CLERK, CAR MC LY, CMC
Ordinance No. 10-657 Page 2 of 3
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
COUNCIL BILL NO
PASSED BY THE CITY COLTNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
4/27/2010
536
5/18/2010
5/22/2010
5/27/2010
10-657
Ordinance No. 10-657 Page 3 of 3
TACOMA PUBLIG UTILITIES
3628 South 35th Street
Tacoma, Washington 98409-3192
JUN 2 2
c�e���s
of Fede
June 21, 2010
Carol McNeiily, CMC, City Clerk
City of Federal Way
PO Box 9718
Federal Way, WA 98063-9718
Dear Ms. McNeilly:
Subject: Acceptance of Ordinance No. 10-657
Franchise Extension, Terms, and conditions
By this letter and pursuant to Section 2 of the Franchise Agreement extension, Ordinance
number 10-657, the City of Tacoma, dba Tacoma Public Utilities, accepts all the rights and
privileges of the Franchise, including the extension of its term that it shall remain in effect until
six (6) months after the resolution of the matter currently pending in King County Superior Court
Cause No. 09-2-45435-3. Tacoma Public Utilities acknowledges that such rights and privileges
are subject to and limited by all of the terms, conditions, and obligations contained therein.
�y�/ i da McCrea
Taco� Water Superintendent
V�°
�o2William A. Gaines
Director of Utilities/CEO
Approved as to form and legality:
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Bill Fosbre
Chief Deputy City Attorney
Attachment
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