Ord 98-315
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ORDINANCE NO. 98-315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, GRANTING PUGET SOUND ENERGY, INC., A
WASHINGTON CORPORATION, A NONEXCLUSIVE FRANCHISE TO
HAVE AND USE ITS FACILITIES IN, UPON, OVER, UNDER, ALONG,
ACROSS AND THROUGH THE FRANCHISE AREA WITHIN THE CITY
FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF
ENERGY FOR POWER, ELEcrRICAL HEAT, AND LIGHT AND TO
COLLECT TOLLS, RATES AND COMPENSATION FOR SUCH ENERGY
AND SUCH USES.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
The City of Federal Way has determined that the general public health, safety, welfare,
necessity and convenience require that power, heat and light facilities be constructed, maintained and
repaired in an orderly manner when such facilities are located in, under, on or along City roads,
streets, alleys, and rights ofway.
Section 1.
Definitions
Where used in this Franchise the following tenDS 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 of the City ofFederal Way Public Works
Department.
1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables,
communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient
appurtenances thereto, whether the same be located over or under the ground for the purposes of
transmission, distribution and sale of energy for power, electrical heat, and light and to collect tolls,
rates and compensation for such energy and such uses.
1.5 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, and
highways of the City as now existing, or as hereafter laid out, platted, dedicated or improved within
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the present limits of the City and as such limits may be hereafter extended. The Franchise Area does
not include any other public property owned, in whole or in part, leased, or otherwise occupied by
the City.
1.6 "Franchisee" means Puget Sound Energy, Inc., a Washington corporation, and its
respective successors and assigns.
Section 2.
Grant! Accl':ptance
2.1 C'J1'8.I1t of Franchise. The City does hereby grant to Franchisee, subject to the tenns of
this Franchise, the right, privilege, authority and franchise to:
(a) Construct, set, erect, install, support, attach, connect, maintain, repair, replace,
enlarge, operate and use its Facilities in, upon, over, under, along, across and through the
Franchise Area for the purposes of transmission, distribution and sale of energy for power,
electrical heat, light and any other lawful purpose for which energy can be used; and
(b)
To charge and collect tolls, rates and compensation for such energy and such
uses.
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 tenns and conditions.
Section 3.
Non-Franchise Area City Property
This Franchise shall not convey any right to Franchisee to install its Facilities on or to
otherwise use City-owned or leased properties outside the Franchise Area.
Section 4.
Tmn
Subject to Franchisee filing its acceptance pursuant to Subsection 2.3, the tenn of this
Franchise shall be for a period often (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to the tenns of this Franchise or other applicable law.
Section 5.
Location of Facilities
5.1 Ma¡¡.s. Upon written request of the City, Franchisee shall provide the City with a map
showing the approximate location of major components of Franchisee's existing electrical system
within the Franchise Area. 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 infonnational purposes only and shall not obligate Franchisee to undertake any
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specific improvements, nor shall such map be construed as a proposal to undertake any specific
improvements.
5.2 QlSJ2ata. At such time as Franchisee develops and deploys Geographic Infonnation
System ("GIS") technology for its electrical utility maps and records throughout its service area and
has such infonnation available in digital GIS fonnat for its Facilities within the Franchise Area, the
City may request, by written notice to Franchisee, that the parties promptly instigate negotiations with
the objective of amending this Section 5.2 to make provision for the distribution of such maps to the
City in digital GIS fonnat and for disclaimers the parties may include relative to such distribution if
such disclaimers are agreed to by both parties. In the event the parties cannot, within a reasonable
period of time after Franchisee's receipt of the City's request, reach an agreement as to the terms of
such amendment, either party may, by written notice to the other party, demand that the foregoing
issue be submitted to mediation under and pursuant to the Mediation Rules of the Judicial Arbitration
and Mediation Service in Seattle, Washington. If the parties cannot resolve the issue through
mediation, this Franchise may be terminated by either party providing sixty (60) days written notice
to the other party.
5.3 Desi~n Marlånis. Franchisee shall further 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, upon the City's reasonable request, in connection with the City's design of new streets and
intersections and major renovations of existing streets and intersections and all other public street
improvements.
5.4 No Warrant;y or Waiver. Nothing herein is intended to relieve the parties of their
respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to
detennining the location of utility facilities prior to construction. Further, neither the provisions of
this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract
from or render ineffective any disclaimer (mc1uding, without limitation, any disclaimer as to accuracy
or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 5.1 of
this Franchise.
Section 6.
VeKetation
WAC 296-44-31719 states that "[t]rees which may interfere with ungrounded supply
conductors should be trimmed or removed." Franchisee shall coordinate its routine vegetation
management activities with the City and will trim vegetation in the vicinity of its Facilities within the
Franchise Area in compliance with all City ordinances, regulations, resolutions and rules. However,
such obligation to coordinate and comply sha11 not limit Franchisee's right under this Franchise to cut,
trim or otherwise remove vegetation at any time within the Franchise Area which, due to proximity
to Franchisee's Facilities, poses an imminent threat to property, public safety or continuity of electrical
service.
ORD # 98-315, PAGE 3
Section 7.
Noninterference of Facilities
Franchisee agrees to maintain its Faciliûes and perform all work witlùn the Franclùse Area so
as not to unreasonably interfere with the ftee passage oftraflic and in accordance with the laws of
the State of Washington and City ordinances, regulations resolutions and rules.
Section 8.
Reqnirement of Permits
Franclùsee shall, at its expense, obtain all permits and pay all permit fees required by
applicable City ordinances, regulations, resolutions and rules prior to commencing any work within
the Franclùse Area; provided, however, that in the event of an emergency in wlùch Franclùsee's
Facilities within the Franclùse Area are in a condition as to immediately endanger the property, life,
health or safety of any individual, Franclùsee may take action immediately to correct the dangerous
condition without first obtaining any required permit so long as such permit is obtained by Franclùsee
as soon as practicable thereafter. Applications for right-of-way permits shall be presented to the
Public Works Department, which applications will require performance bonds, plans, blueprints, cross
sections, or further detailing of any work to be performed, at the Director's discretion.
Section 9.
Standard of Performance
Franclùsee shall, in carrying out any authorized activities within the Franclùse Area, comply
with all applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or
amended, and in compliance with the terms of this Franclùse, whether or not the work is performed
by the Franclùsee, its agents, employees, subcontractors, or other tlùrd parties at Franclùsee's
direction. Upon completion of any installation ofFranclùsee's Facilities witlùn the Franclùse Area,
the "as-built" location of the Facilities shall be within two (2) feet of the location of the Facilities
shown in the plans submitted by Franclùsee to the City's Public Works Department or closer if
required by State law. Nothing herein is intended to relieve the parties of their respective obligations
arising under applicable law with respect to determining the location of utility facilities.
Section 10.
Survey Markers and Monuments
Franclùsee shall immediately replace all markers or monuments, using a licensed surveyor,
disturbed during any work by Franclùsee within the Franclùse Area. Franclùsee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 11.
Surface Markin [s/Stakes
Prior to Franclùsee commencing any excavation work within the Franclùse Area, Franclùsee
shall locate its underground Facilities in the vicinity of such excavation work by placing temporary
identification surface markings on the pavement or hard ground, made with spray paint, spay caulk
or temporary wood stakes of the specific color to identifY the type of underground utility Facility,
wlùch are color coded and marked to indicate the type of underground Facility, all pursuant to the
ORD # 98-315, PAGE 4
American Public Works Association Uniform Color Code Marking Standards as now existing or as
thereafter adopted or amended, and to Chapter 19.122 RCW. In the event of any conflict or
inconsistency between this Section 11 and Chapter 19.122 RCW, as now existing or hereafter
amended, Chapter 19.122 RCW will control.
Section 12.
RestorationlR~pair
Whenever it shall be necessary for Franchisee, in the exercise of its rights under this Franchise,
to make any excavation or perform any work in the Franchise Area, Franchisee shall, upon
completion of such excavation or work, restore and repair the surface of the Franchise Area, at its
sole cost and expense, to the same condition or to a better condition than it was in prior to such
excavation or work in compliance with all applicable federal, state, or local laws, rules, regulations
and safety standards, to the City's satisfaction and within a reasonable time period.
Section 13.
Ri¡ht to Compl~te 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 trom
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order
any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 12 herein and Franchisee's obligation to remove facilities pursuant to Section 14 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 incwred by the City in having such work performed, which costs may
include the City's reasonable overhead expenses. 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 reasonably acceptable to Franchisee.
Section 14.
Relocation of Facilities
14.1 Ci~Reservation ofRisJrts. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this
Franchise, including without limitation, the construction of any water, sewer or storm drainage line,
installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails,
sidewalks, other pedestrian amenities, and other public street improvement projects.
14.2 City's Duties. In the event the City undertakes any street improvement project in or
use of the Franchise Area as authorized by Subsection 14.1 herein, and such project or other City use
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
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(a) Provide written notice to Franclùsee requesting such relocation within a
reasonable time prior to the commencement of such project or other City use; and
(b) Provide Franclùsee with copies of pertinent portions of the City's plans and
specifications for such project so that Franclùsee may relocate its Facilities to accommodate
such project or other City use.
14.3 Franchisee's Duties. After receipt of the City notice requesting the removal of the
Facilities pursuant to Subsection 14.2(a) and receipt of the plans and specifications pursuant to
Subsection 14.2(b), Franchisee shall relocate such Facilities within the Franclùse Area at its sole cost
and expense so as to accommodate the street improvement project or other City use.
14.4 Other Relocation. Whenever any person or entity, other than the City, requires the
relocation of Franclùsee's Facilities to accommodate the work of such person or entity witlùn the
Franchise Area; or, whenever the City requires any person or entity undertaking any work (other than
work undertaken at the City's cost and expense or on the City's behalf as described below) within the
Franclùse Area to undertake any street improvement project in or use of the Franclùse Area as
authorized under Subsection 14.1, and such work, street improvement project or other use
necessitates the relocation ofFranclùsee's then existing Facilities within the Franchise Area, then
Franchisee sha1I have the right as a condition of any such relocation to require such person or entity
to make payment to Franclùsee, at a time and upon terms acceptable to Franclùsee, for any and all
costs and expenses incurred by Franchisee in the relocation ofFranclùsee's Facilities. Any condition
or requirement imposed by the City upon any person or entity (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conjunction with approvals or
permits for zoning, land use, construction or development) wlùch necessitates the relocation of
Franclùsee's Facilities within the Franclùse Area shall be a required relocation for purposes of this
Subsection 14.4; provided, however, (a) in the event the City reasonably determines (and promptly
notifies Franchisee in writing of such detennination) that the primary purpose of imposing such
condition or requirement upon such person or entity is to cause the construction of a water, sewer
or stonn drainage line, a public street improvement (including without limitation the construction or
installation of any traffic signals, streetlights, trees, landscaping, bicycle paths and lanes, equestrian
trails, sidewalks, or other pedestrian amenities), on the City's behalf; and (b) such public street
improvement is otherwise reflected in the current "capital facilities" element of the City's
comprehensive plan or other similar City Council-approved improvement plans, then only those costs
and expenses incurred by Franclùsee in integrating and connecting such relocated Facilities with
Franchisee's other Facilities shall be paid to Franchisee by such person or entity, and Franchisee shall
otherwise relocate its Facilities within such segment of the Franclùse Area in accordance with the
provisions of Subsection 14.3.
14.5 Exclusivi~. This Section 14 shall govern all relocations of Franclùsee's Facilities
required in accordance with this Franclùse. Any required relocation ofFranclùsee's Facilities wlùch
also involves a conversion of aboveground Facilities to underground Facilities shall, as to those
Facilities being converted from aboveground Facilities to underground Facilities, be arranged and
ORD # 98-315, PAGE 6
accomplished in accordance with Section 15. Notlùng in this Section 14 shall require Franchisee to
bear any cost or expense in connection with the location or relocation of any Facilities existing under
benefit of easement or other rights not arising under this Franchise
Section 15.
Undervoundinr of Facilities
15.1 8y Ci~ ReqJJest. The City may, by written notice to Franchisee, request Franchisee
to convert its existing aboveground Facilities witlùn the Franchise Area (0f15,OOO volts or less) to
underground Facilities in connection with any improvement witlùn the Franchise Area undertaken by
the City including, but not limited to, any street improvement which otherwise requires the relocation
of such Facilities in accordance with Section 14 herein. In such event, such undergrounding shall be
arranged, provided and accomplished in accordance with Federal Way Ordinance No. 91-90, as now
existing or hereafter adopted or amended, and all applicable schedules and tariffs on file with the
Washington Utilities and Transportation Commission or its successor; provided that if any tenn or
condition of such City ordinance and any tenn or condition of such schedules and tariffs are in
conflict, the tenn or condition of the schedules and tariffs sha11 govern and control.
15.2 At Franchisee's Election. If during the tenn of this Franchise, Franchisee undertakes
a major replacement of any of Franchisee's existing aboveground Facilities or installs a major addition
of new Facilities within the Franchise Area, such major replacement or addition shall be underground
to the extent required under Federal Way Ordinance No. 91-90, as now existing or hereafter adopted
or amended. Such undergrounding shall be done subject to and in accordance with all applicable
schedules and tariffs on file with the Washington Utilities and Transportation Commission or its
successors.
15.3 Exclusivi~. This Section 15 sha11 govern all matters related to undergrounding of
Franchisee's Facilities (i.e., conversions or otherwise) in connection with this Franchise.
Section 16.
Jkfm\t
16.1 Notice of Default. 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.
16.2 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 ordinance, declare an immediate
forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by
Franchisee cannot reasonably be corrected with due diligence witlùn such sixty (60) day period
(Franchisee's obligation to comply and to proceed with due diligence being subject to unavoidable
delays and events beyond its control), then the time within which Franchisee may so comply shall be
extended, upon notice to the Director, for such time as may be reasonably necessary and so long as
Franchisee commences promptly and diligently to effect such compliance.
ORD # 98-315, PAGE 7
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Section 17.
Nonexclusive Franchise
This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further
ftanchises in, under, over, upon, and along the Franchise Area. This Franchise shall not prohibit or
prevent the City from using the Franchise Area for any reason not inconsistent with this Franchise or
affect the jurisdiction of the City over the Franchise Area or any part thereof.
Section 18.
Limited Riehts
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franclùse Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 19.
Eminent Domain
The existence of this Franclùse shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area
for the fair market value thereof. In detennining the value of such Facilities, no value shall be
attributed to the right to occupy the Franclùse Area conferred by this Franclùse.
Section 20.
Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franclùse Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City may,
after thirty (30) days written notice to Franchisee, tenninate this Franchise with respect to any such
vacated area.
Section 21.
WUTC Tariff
This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with
the Washington Utilities and Transportation Commission or its successor. In the event of any conflict
or inconsistency between the provisions of this Franchise and such tarift'; the provisions of such tariff
shall control.
Section 22.
Compliance with Laws
Franclùsee shall comply with all applicable federal, state and City laws, ordinances,
resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted,
including without limitation the State Environmental Protection Act; provided, however, that if any
term or condition of this Franclùse and any term or condition of any City law, code, ordinance,
resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition
of this Franchise will control.
ORD # 98-315, PAGE 8
Section 23.
~
The City shall have the right, subject to such reasonable rules and regulations as may be
prescribed by Franchisee and subject to the limitations prescribed by RCW 70.54.090 or any other
applicable law, to post City signs on Franchisee's utility poles within the Franchise Area.
Section 24.
Charge for Administrative Costs
Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative
expenses incurred by the City which are directly related to receiving and approving this Franchise.
Nothing herein sha1l preclude the City trom recovering any administrative costs incurred by the City
in the approval of pennits 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 City's code.
Section 25.
Indemnification
Franchisee agrees to indemnify and hold the City, its elected officials, officers, employees,
agents, and volunteers hannless 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 negligent acts, errors
or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of this Franchise. In the event any claim, demand, suit or action is commenced
against the City which gives rise to Franchisee's obligation pursuant to this Section 25, the City shall
promptly notify Franchisee thereof; and Franchisee sha1l have the right, at its election and sole cost
and expense, to defend, settle or compromise such suit or action by attorneys selected by Franchisee
with the prior consent of the City; provided that the City may withhold such consent only on the
grounds that the attorneys selected by Franchisee are precluded by rules of professional responsibility
or applicable law ftom undertaking such representation. 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 detennines that such participation is required to protect the interests of the City or the public.
In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to
defend, hold hann1ess and indemni1Y the City to the maximum extent permitted thereunder, to the full
extent of Franchisee's negligence.
Section 26.
Insurance
26.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such fonns 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;
ORD # 98-315, PAGE 9
(b) Commercial general liability insurance with combined single limits of liability
not less than $2,000,000 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 $1,000,000 for bodily injury, including personal injury or death and property damage.
26.2 MandatolY 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;
(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;
( c) Coverage sha1I 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
(d) Coverage sha1I 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.
26.3 Verification of Covel"1\¡e. Franchisee sha1l 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.
26.4 Self-Insurance. In satisfying the insurance 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 trom Franchisee's insurance carrier, a written certificate of insurance
with respect to any insurance maintained by Franchisee in compliance with this Section.
Section 27.
Franchise Fees
It; during the tenn of the Franchise, the Washington State Legislature authorizes the City to
impose a ftanchise fee or other charge upon the sale of energy for power, heat or light, the City shall
ORD # 98-315, PAGE 10
have the right, at its discretion, to impose such a fee or charge within the legal limits prescribed by
the authorizing legislation.
Section 28.
C.eneral Provisions
28.1 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 shaIl be effective for any purpose.
28.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
28.3 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 shaIl have the right, without such notice or such
written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
28.4 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 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.
28.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the OCCWTeIlce thereot: or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shaIl 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.
28.6 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.
28.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and wammts that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
28.8 ~. 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:
ORD # 98-315, PAGE 11
Franchisee:
City:
Puget Sound Energy, Inc.
Corporate Relations Manager Central Region
22828 - 68th Avenue S.
Kent, WA 98032-1834
City ofFederal Way
Attn: City Attorney
33530 1st Way South
Federal Way, WA 98003-6210
Any notices may be delivered personally to the addressee ofthe 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.
28.9 CJIpilims. 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.
28.10 Remedies Cumulative. Any remedies provided for under the tenDS 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.
28.11 Franchise Coverage. By Ordinance Number 93-189, adopted on November 9, 1993,
the City Council granted a franchise to Washington Natural Gas Company to construct, maintain,
repair, renew and operate a gas distribution system ("WNG Franchise"). On or about February 11,
1997, Puget Sound Power & Light Company and Washington Natural Gas Company merged to
become Puget Sound Energy. The parties to this Franchise agree that this Franchise will only apply
to the transmission, distribution and sale of energy for power, electrical heat and light and to the
collection of tolls, rates and compensation for such energy and such uses and that the WNG Franchise
shall remain in full force and effect.
Section 29.
SeverabiliQ'
If any section, sentence, clause, or phrase of this Ordinance 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
Ordinance.
Section 30.
Ratification
Any act consistent with the authority and prior to the effective date of this Ordinance is hereby
ratified and affirmed.
ORD # 98-315, PAGE 12
Section 31.
Effective Date
This Ordinance shall take effect and be in full force thirty (30) days after its passage, approval
and publication, according to law.
PASSED by the City Council of the City ofFedecal Way this ~ day of ~1 ß ,
1998.
CITY OF FEDERAL WAY
~fl~
MAYOR, RONALD L. GINTZ
'<~SJ7L
/'1 ~~~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~'
G A y,-toNDI K. LIND~
FILED WITII THE CITY CLERK: 11-11-97
PASSED BY THE CITY COUNCIL: 04-21-98
PUBLISHED: 04-25-98
EFFECTIVE DATE: 05-21-98
K,IORDINIPUGETSE.FRN
4/21/98
ORD # 98-315, PAGE 13
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
r�:.
DATED this day of 1998.
PUGET SOUND ENERGY, INC.
�i' J !.,►ILLIt
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ORD 98-315, PAGE 14