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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 n � o-t�-�-�`--- MA OR, LINDA K CHMAR ATTEST: CITY CLERK, CAR MC LY, CMC Ordinance No. 10-657 Page 2 of 3 APPROVED AS TO FORM: �� , , � 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: ,. ' t� -� Bill Fosbre Chief Deputy City Attorney Attachment I� �� �!— ��— �— TACOMA POWER � � TACOMA WATER �rrr �rrr �rrr �rrr TACOMA RAIL