Ord 99-344
ORDINANCE NO. 99-344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT
OF PUBLIC UTILITIES, WATER DMSION, A MUNICIPAL
CORPORATION AND PUBLIC UTILITY SELLING AND
DISTRIBUTING WATER WITHIN KING COUNTY, A NONEXCLUSIVE
FRANCmSE TO OCCupy THE RIGHTS-OF-WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, THROUGH THE FRANCmSE 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, the City Council of Federal Way finds that it is in the public interest
to specifY the rights and duties of the water utility through a ftanchise; and
WHEREAS, in exercising said authority pursuant to RCW 35A.47.040 relating to
ftanchises and permits, the City of Federal Way reserves such other powers and authorities held
by Washington code cities; 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.
ORD # 99-344, PAGE 1
Rev. S/18199
ORIGINAL
1.3
"Director" means the Public Works Director, or designee, of the City mf Federal
Way Public Works Department.
1.4
"Facilities" means water pipes, and mains and appurtenances and au:cessories
nèèessary for the transmission and distribution of water within the City of Federal Way.
1.5
1.6
"FWCC" means the Federal Way City Code.
"Franchise Area" means rights-of-way for public roads, streets, ayenues,. llIleys,
highways, and the BPA comdor of the City as set forth in Exhibit A. The Franchisee shmll place
Facilities on the right-of-way in the Franchise Area, but not on any other public propertw owned,
in whole or in part, leased, or otherwise occuyied by the City.
4;o1y II> f T~,,", A'6ø
1. 7 "Franchisee" means Tacoma Public Utilities, a mulÚcipal corporation, ænd public
^
utility, and its respective successors and assigns.
Section 2.
Grant/Acceptance
2.1
Grant of Franchise. The City does hereby grant to Franchisee, subject tæ the terms
of this Franchise, the right, privilege, authority and ftanchise to:
(a)
Lay, construct, extend, repair, renew, and replace Facilities in the Franchise
Area; and
(b)
To charge and coIlect toIls, rates and compensation for such waIter service
and such uses.
2.2
Acceptance bv Franchisee. Franchisee shall have no rights under this :Franchise,
nor shall Franchisee be bound by the terms and conditions of this Franchise, unless }Franchisee
shaIl, 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.
ORD # 99-344, PAGE 2
Rev. 5/18199
Section 3.
Non-Franchise Area City Property
This Franchise does not and shall not conyey 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, oyer, across or otherwise use any City owned
or leased property within the Franchise Area other than public roads, streets, ayenues, alley~.aRE!-
highways^ lI",þ THE BPA co¡e"'Þe'/<, cF rifE C'TY A;S Scr 7=oeTlt IN EJ<H/i!J¡r A.
Section 4.
Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the tenn of this
Franchise shall be for a period of ten (10) years commencing on the effective date of this
Franchise, unless tenninated earlier pursuant to the tenus of this Franchise or other applicable
law.
Section 5.
Location of Facilities
5.1
Location. The location of existing water pipes, laterals, and appurtenances, their
depths below surface of ground or grade of a right-of-way (if available), shall be subßÙtted to the
City in the fonn of a map(s) showing the approximate location of Franchisee's existing water
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 subßÙtted shall be for infonnationaI 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 improyements.
ORD # 99-344, PAGE 3
Rev. 5118199
5.2
GIS Data. The Franchisee shall provide, at such time as Franchisee develops and
employs, Geographic Infonnation System ("GIS") technology for its water utility maps and
records throughout its service area and has such infonnation available in digital GIS fonnat for its
Facilities within the Franchise Area.
5.3
Design Markings.
In the event the City desires to design new streets or
intersections, renoyate existing streets, or make any other public improyements, Franchisee shall
at the City'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.
5.5
No Warranty or Waiver. Nothing herein is intended to relieve the parties of their
respectiye obligations arising under Chapter 19.122 RCW or other applicable law with respect to
determining 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 (including, without limitation, any disclaimer as
to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to
Section 5.2 of this Franchise.
Section 6.
Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perfonn all work within the Franchise Area:
(I) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the
laws of the State of Washington and City ordinances, regulations resolutions and rules, and (3) as
required by the Director.
ORD # 99-344, PAGE 4
Rov.5/18/99
Section 7.
ReQuirement to Obtain Permits
Franchisee shall, at its expense, obtain all pennits, (including rights-of-way pennits), and
pay all pennit fees required by applicable City ordinances, regulations, resolutions and rules prior
to commencing any work within the Franchise Area. Franchisee pennit applications shall show
the position and location of the mains, laterals, and extensions 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 leyel of detail for
water services and hydrant laterals shall be commensurate with the com91exity of the work to be
performed. 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 excayation, construction, installation, bacldill, 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
pennit, and shall be in accordance with the Manual on Uniform Traffic Control Devices
(MUTCD). The Franchisee shall indicate on the right-of-way use pennit application the time
needed to complete the work. The time needed to complete the work is subject to approval by
the City as a condition of the issuance of the right-of-way pennit.
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are
in a condition as to immediately endanger the property, life, health or safety of any individual,
ORD # 99-344, PAGE 5
Rev. 5118199
Franchisee may take action immediately to correct the dangerous condition without first obtaining
any required pennit so long as such pennit is obtained by Franchisee as soon as practicable
thereafter.
Section 8.
Standard ofPeñormance
The Franchisee shall not excayate for a distance of more than one hundred feet (100')
without immediately backfilling and compacting to surface grade and pennit requirements.
Backfilled trench areas within a driving lane must be patched, either temporarily or pennanently,
before the end of the workday in which they have been opened. Trench areas within the right-of-
way, but not in a driving lane must also be patched within the time limits specified by the City on
the right-of-way use pennit. Final surface restoration shall be completed within thirty (30) days
and shall be equal to or better than the surface condition prior to pennit issuance.
Any street asphalt overlay in the Franchise area within five (5) years of the date of a
pennit application, shall not be open cut by the Franchisee unless in an emergency. Streets that
are open cut will require asphalt overlay for approximately one (1) blocks in length or as
detennined by the Director.
Franchisee shall, in carrying out any authorized activities within the Franchise Area,
comply with all applicable laws, ordinances, codes and standards, as now existing or hereafter
adopted or amended, and shall comply with the tenus of this Franchise, whether or not the work
is perfonned by the Franchisee, its agents, employees, subcontractors, or other third parties at
Franchisee's direction. Upon completion of any water main installation of Franchisee's Facilities
within the Franchise 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 Franchisee to the City's Public
Works Department or closer if required by State law. Nothing herein is intended to relieve the
ORD # 99-344, PAGE 6
R,v.5/18/99
parties of their respective obligations arising under applicable law with respect to determining the
location of utility 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.
Suñace Markinl!s/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area,
Franchisee shall reference all monuments and markers relating to subdivisions, plats, highway, and
other surveys. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under this franchise. The method referencing these monuments or other
points shall be approyed 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. In the event of any conflict or inconsistency between this Section. 10
and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will
control.
Section 11. Notification to fire district
If it is necessary to shut down or diminish the water pressure so that fire hydrants may be
affected, the Franchisee shall notify the appropriate fire district by telephone followed by faxed
transmittal or written notification, that water pressure or fire flow conditions have been affected.
In case of a planned shutdown or diminished water flow, at least forty-eight (48) hour prior
ORD # 99-344, PAGE 7
Rev. 5/18/99
notification to the fire district is required. If more than one fire hydrant is affected, Franchisee
must provide a map of the affected area to the appropriate fire district.
Section 12. Ril!ht of City to Undertake Maintenance Work
The laying, construction, maintenance, and operation of Franchisee's system of water
pipe, laterals and appurtenances granted under this franchise shall not preclude the City, its
accredited agents or its contractors from doing necessary maintenance work contiguous to the
Facilities, provided that the Franchisee shall have sufficient notice of blasting or excavating in
order that Franchisee may protect its lines or pipe or property.
Section 13.
Ril!ht of City to Comnlete Work
In the eyent Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations or standards or with any of the tenns of this Franchise, and such
noncompliance continues for a period of ten (10) days after Franchisee receives written notice
from the City regarding the noncompliance, the City may, but in no eyent is the City obligated to,
order any work completed, including without limitation Franchisee's obligation to repair pursuant
to Section 8 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 incurred by the City in having such work perfonned, which
costs may include the City's reasonable oyerhead expenses and attorneys fees. However, the City
shall not haye any plumbing work accomplished by any person or entity other than Francl\isee or a
qualified and licensed plumbing contractor.
Section 14.
Notice to Franchisee of Work by City
14.1
City Reservation of Rights. The City reserves the right to use, occupy and enjoy
ORD # 99-344, PAGE 8
Rev. 5/18199
the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this
Franchise.
The rights reserved herein include, without limitation, the construction of any
electrical, water, sewer or stonn 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.
This Franchise is not an exclusive ftanchise. Without limiting Franchisee's rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further
franchises in, under, over, upon, and along the Franchise Area.
14.2
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:
(a) Provide written notice to Franchisee requesting such relocation 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 for such City work so that Franchisee may relocate its Facilities to
accommodate such City work.
14.3
Franchisee's Duties. After receipt of the City notice requesting the relocation of the
Facilities pursuant to Subsection 14.2(a) and receipt of the plans and specifications pursuant to
Subsection 14.2(b), Franchisee shall, within thirty (30) days of notification, or such time as
approved by the Director, raise, lower, or moye such Facilities within the Franchise Area at its
sole cost and expense so as to confonn to such new grades as may be established, and place the
pipe in a location or position causing the least interference with the improvement, repair, or
ORD # 99-344, PAGE 9
Rev. 5/18/99
alteration contemplated by the City. If the City improves a right-of-way, Franchisee shal~ at its
sole cost and expense, upon receipt of notice, replace the pipe or pipes located in the improved
subgrade of the improyement with pipe or pipes confonning to the specifications for the
improvement of the right-of-way.
14.4
Exclusivity. This Section 14 shall goyem all relocations of Franchisee's Facilities
required in accordance with this Franchise. Nothing 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 on property owned by a person or entity other than the City.
Section 15.
Dama2e Reoair
In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of-way,
or to public and private improvements 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 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 to a right-of-way as required in this
section, the City may repair the damage pursuant to Section 13 of this Agreement.
Section 16.
Default
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 haye sixty (60) days ITom the receipt of such notice in which to comply.
ORD # 99-344, PAGE 10
Rov. 5/18/99
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.
Section 17.
Limited Riehts
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.
Section 18.
Eminent Domain
The existence of this Franchise shall not preclude the City ITOm acquiring by
condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within
the Franchise Area for the fair market yalue thereof. In determining the value of such Facilities,
no yalue shall be attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 19.
Vacation
If at any time the City, by ordinance, yacates all or any portion of public streets, roads
and/or rights-of-way within the Franchise Area, the City will not be liable for any damages or loss
to the Franchisee by reason of such vacation. The City agrees to exert reasonable good daith
efforts to reserve an easement for Franchisee's lines and Facilities when a street, public way, or
area is vacated. The City may, after thirty (30) days written notice to Franchisee, terminate this
Franchise with respect to any such vacated area.
Section 20.
ComDliance with Laws
Franchisee 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, the Federal
ORD # 99-344, PAGE 11
Rev. 5/18/99
Occupational Safety and Health Act of 1970 (OSHA), and the Washington Safety .and Health Act
of 1973 (WISHA); provided, however, that if any term or condition of this Franchise and any
term or condition of any City law, code, ordinance, resolution, regulation, standard, procedure,
permit or approyal are in conflict, the term or condition of this Franchise will control.
Section 21.
Guarantee
Franchisee shall guarantee work completed by the Franchisee under this ITanchise for a
period of twenty (20) years against settlement or repair.
Section 22.
ChaNe for Administrative Costs
Franchisee agrees to pay a fee or charge to recoyer the actual reasonable administrative
expenses incurred by the City which are directly related to preparing and approving this Franchise.
Nothing herein shall preclude the City ITom recoyering any administrative costs incurred by the
City in the approyal 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 23.
Indemnification
Franchisee agrees to indemnifÿ and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers ITom 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 ITom, resulting
ITom, 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, partners, shareholders, 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 indemnifÿ, hold harmless or defend the City against
ORD # 99-344, PAGE 12
Rev. 918/99
claims or damages arising ftom the negligence of the City, its agents or employees. 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 23, the City shall promptly notifY Franchisee thereof, and
Franchisee shall use attorneys selected by the City. 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 haye 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 eyent it is
determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold
harmless and indemnity the City to the Maximum extent permitted thereunder, to the full extent of
Franchisee's negligence.
Section 24.
Insurance
24.1
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;
(b)
Commercial general liability insurance with combined single limits of
liability not less than $2,OgQ,QQQ $5 000 000 for bodily injury, including personal injury or
death, products liability, contractual coyerage, operations, explosion, collapse,
underground and property damage; and
ORD # 99-344, PAGE 13
Rev. 5/18/99
(c) Automobile liability insurance with combined single limits of liability not
less than $2,099,990 $5.000 000 for bodily injury, including personal injury or death and
property damage.
24.2
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 yolunteers 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 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
(d)
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.
24.3
Verification of Coverage. Franchisee shall furnish the City with certificates. of
insurance and original endorsements evidencing the coyerage 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 deliyer certified copies of all required
insurance policies.
24.4
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
ORD # 99-344, PAGE 14
Rev. 5/18/99
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 ITom Franchisee's insurance carrier, a written
certificate of insurance with respect to any insurance maintained by Franchisee in compliance with
this Section.
Section 25.
Franchise Fees
If, during the term of the Franchise, the Washington State Legislature authorizes the City
to impose a ITanchise fee or other charge upon the sale of water, the City shall have the right, at
its discretion, to impose such a fee or charge within the legal limits prescribed by the authorizing
legislation.
Section 26.
General Provisions
26.1
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.
26.2 Modification. No provision of this Franchise may be amended or added to except
by agreement in writing signed by both of the Parties.
26.3
AssilZIlIllent. 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 approyed assignment, file
written notice of the assignment with the City together with its written acceptance of all terms and
ORD # 99-344, PAGE 15
Rev. \/18/99
conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall 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.
26.4
Attorney Fees. In the event the City or the Franchisee defaults on the pelÍonnance
of any tenDS 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 preYailing 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.
26.5
No Waiyer. 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.
26.6
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.
26.7
Authoritv. 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.
26.8
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:
Tacoma Public Utilities
City:
City of Federal Way
ORD # 99-344, PAGE 16
Rov.5/18/99
P.O. Box 11007
Tacoma, WA 98411-0007
Attn: City Attorney
33530 1st Way South
Federal Way, WA 98003-6210
ORD # 99-344, PAGE 17
Rev. 5/18/99
Any notices may be delivered personally to the addressee of the notice or may be depo~ited 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.
26.9
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.
26.10 Remedies Cumulatiye. 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 27.
Severability
Ifany section, sentence, clause, or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such inyalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance.
Section 28.
Ratification
Any act consistent with the authority and prior to the effective date of this Ordinance is
hereby ratified and affirmed.
Section 29.
Effective Date
This Ordinance shall take effect and be in full force five (5) days after its passage,
approval and publication, according to law.
ORD # 99-344, PAGE 18
Rev. 5/18/99
PASSED by the City Council of the City of Federal Way this ...!lli- day of
JUNE
,1999.
CITY OF FEDERAL WAY
L/ ¿/~
,
MAYOR, RONALD L. GINTZ
Ç;S~k -
CITY CLERK, N. CHRISTINE GREEN
APPROVED AS TO FORM:
~
~
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 5/28/99
PASSED BY THE CITY COUNCIL: 6/15/99
PUBLISHED:
6/19/99
EFFECTIVE DATE:
6/24/99
KIORDIN\TACWA1ER.FRN
ORD # 99-344, PAGE 19
Rev. 5/18/99
....:=
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.
Dated this _ day of
.1999.
CITY OF TACOMA DBA
TACOMA PUBLIC UTILITIES
By:~6~~
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Its: ZJe-L:b"j ~'~r:#1:Ie.r fl'"y"if~1J
/ ' .
A~ to form rllega.l1liY:
. ~..
-t,. City Attorney
ORD # 99-344, PAGE 20
Rev. 5/18/99
-
,
EXHIBIT A
Legal Description for Tacoma Water's service area in the City of Federal Way
Beginning at the intersection of the Government meander line ofPuget Sound and
the King-Pierce County line in Section 10, Township 21 North, Range 3 East,
W.M. thence easterly along the meander line of Puget Sound to the north-south
centerline of Section I, thence southed y along the centerline of Section I to the
north line of Section 12, thence westerly to the centerline of28lh Avenue SW,
thence southeasterly along 28dt Avenue SW to a point approximately 450 feet
north of the east-west centerline of the NW1I4 of Section 12, thence westerly
along a line parallel with said east-west centerline to the centerline ofSW Dash
Point Road, thence southeasterly along Dash Point Road to said east-west
centerline, thence westerly along said east-west centerline to the west line of
Section 12, thence southerly along the west line of Sections 12, 13, and 24 to a
point 825 feet south of the north line of Section 24, thence easterly 1470 feet
parallel to said north line, thence southerly parallel to the west line of Section 24 to
the King-Pierce County line, thence northwesterly along the county line to the
point of beginning all being in Township 21 North, Range 3 East, W.M.
Legal Description for the Second Supply Proiect
The southerly and easterly 80 feet of the Bonneville Power Administration (BPA)
right-of-way and the adjoining 20 feet along the BPA right-of-way from 1st Way
South to the Federal Way/Pierce County boundary.
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