HomeMy WebLinkAboutCAG1989-0651 - Original - King County Department of Public Works - Utilities Franchise Agreement -07/31/1989 UTILITIES
FRANCHISE NO.: 17603
In the matter of the application for a franchise to
operate, maintain, repair, and construct a system of
water transmission lines and appurtenances in, over,
along, and under County roads and rights of way in
King County, Washington.
The application of THE CITY OF KENT for a franchise to operate, maintain,
repair and construct a system of water transmission lines and appurtenances
in, over, along and under County roads and rights of way located within the
area described in attached Exhibit A, has been heard on this o2 ` day of
J .LA 19�_. All of the property describe in Exhibit
A" " lidoutside the limits of any incorporated town or city.
Legal notice of the franchise application and of the hearing has been
given as is required by law.
The King County Council , having considered the interests proposed and
advanced, and finding that the granting of this franchise is in the public
interest, ORDERS that a franchise be granted to THE CITY OF KENT, the Grantee,
and its successors and assigns, the right, privilege, authority and franchise
to operate, maintain, repair and construct transmission lines and appurtenan-
ces as a part of its transmission system in, over, along and under County
roads and rights of way located within the area described in Exhibit "A."
R15E1/KENT1
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This franchise is granted subject to all of the terms and conditions
contained within and shalt expire lon * 21- 0/tt
Dated this 3l Y day of �Ja 19r.
'7603
KING COUNTY, WASHINGTON
BY
4�V�6c�ow
TYE(.k F ggT LE
The undersigned accept all the rights , privileges, and duties of this
franchise subject to all terms , conditions , stipulations, and obligations
contained within.
GRANTEE—
BY
TITLE
Dated this \� day of V `y (yam 19 .
2
R15E1/SW89.2
EXHIBIT A 7603
Portion "A"
163 6th venue Southeast
Beginning at the intersection of SE 292nd Street and 116th Avenue SE in the
SW 1/4 of the NW 1/4 of Section 4, Township 21 North, Range 5 East, W. M.,
thence Southerly along 116th Avenue SE a distance of 352.54 feet to terminus
of Portion "A".
Portion "B"
118th Avenue Southeast
Beginning at a point that is 30 feet south of the SW corner of the SE 1/4 of
the SW 1/4 of the NW 1/4 of Section 4, Township 21, Range 5 East, W. M. , which
is an intersection point of 118th Avenue SE and the Bonneville Power
Administration easement;
thence Northerly along 118th Avenue SE a distance of 1007.53 feet to terminus
of Portion "B".
Portion "C"
124th Avenue Southeast and Southeast 282nd Street
Beginning at a point on the centerline of 124th Avenue SE which is 497.27 feet
South of the SW corner of the NW 1/4 of the SE 1/4 of Section 33, Township 22
North, Range 5 East, W. M. ,
thence Northerly along said 124th Avenue SE to a point of intersection with
the centerline of SE 282nd Street;
thence Easterly along said SE 282nd Street centerline which is the South line
of the North half of the North half of the SE 1/4 of said Section 33, Township
22 North, Range 5 East, W. M., a distance of 1362.37 feet to terminus of
Portion "C" .
Portion "D"
132nd Avenue Southeast
Beginning at a point on the East line of Section 33, Township 22 North, Range
5 East, W. M. , also being the centerline of 132nd Avenue SE which is 15 feet
South of the South line of the North half of the North half of the SE 1/4 of
Section 33, Township 22 North, Range 5 East, W. M. ;
thence Northerly along said East line to the NE corner of said Section 33,
Township 22 North, Range 5 East, W. M. , together with the West 50 feet of the
North 640 feet of Section 34, Township 22 North, Range 5 East, W. M. , King
County, Washington.
R154E1/EX1
TERMS AND CONDITIONS APPLICABLE TO c
UTILITIES FRANCHISES GRANTED BY KING COUNTY 7603
THIS FRANCHISE is subject to the following terms and conditions:
1. DEFINITIONS
County Road Rights of Way. The term "County Road Rights of Way" includes
any road, street , avenue, or alley located within the area described in
the attached Exhibit "A."
Director. The term "Director" refers to the chief executive of the King
i
County epartment of Public Works , Utilities and Transportation.
Grantee. The term "Grantee" refers to THE CITY OF KENT
its s successors and those assignees approved pursuant to paragraph 16
herein.
Utility. The term "Utility" refers either to the Grantee or, depending
on t e context, to any other person, firm, or corporation, public or pri-
vate, which may hold a franchise to maintain and operate similar facili-
ties in , under, over, across, and along any of the county property
described in Exhibit "A."
Council . The term "Council" refers to the King County Council , acting in
its official capacity.
Other Governing Body. The term "Other Governing Body" refers to any
pub is otricial or other public board or body as may have the power and
jurisdiction to permit or regulate the installation and maintenance of
utilities and other facilities in, under, over, across, and along any of
the county property described in Exhibit "A."
2. ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS
The full acceptance of this franchise and all of its terms and conditions
shall be filed with the Clerk of the Council within thirty (30) days from
, 19 , by the Grantee. Full acceptance of this
franchise is a condition precedent to its taking effect , and unless this
franchise is accepted within the time specified, this grant will be null
and void and have no force or effect.
3. NON-EXCLUSIVE FRANCHISE
This franchise is not exclusive. It does not prohibit King County from
granting franchises for other public or private utilities in, under,
over, across, and along any County Property, including County Road Rights
of Way.
This franchise does not prevent or prohibit King County from
constructing, altering, maintaining, or using any County Road Rights of
Way covered by this franchise. King County retains full power to make
all changes , relocations, repairs , maintenance, etc. , as it may deem fit.
R15E1/SW89.4
4. JURISDICTION 7603
This franchise is intended to convey limited rights and interest only as
to those roads and rights of way in which King County has an actual
interest. It is not a warranty of title or of interest in County Road
Rights of Way.
Whenever any of the County Road Rights of Way as designated in this fran-
chise, by reason of the subsequent incorporation of any town or city, or
extension of the limits of any town or city, shall fall within the city
or town limits , this franchise shall continue in force and effect until
such time as the incorporation and/or annexation is complete according to
applicable state law, after which time the County will no longer have any
responsibility for maintenance of any County roads , rights of way or
other County property within the area of annexation/incorporation.
None of the rights granted to the Grantee shall affect the jurisdiction
of King County over County Road Rights of Way or the County' s power to
perform work upon its roadways, rights of way or appurtenant drainage
facilities including by constructing, altering, renewing, paving,
widening, grading, blasting or excavating.
5. REGULATION OF USE AND CONTROL
This franchise does not deprive King County of any powers, rights, or
privileges it now has or may later acquire in the future to regulate the
use of and to control the County Road Rights of Way covered by this
franchise.
6. EMINENT DOMAIN
This franchise and the limited rights and interests for the operation,
maintenance, repair, and construction of Grantee's mains, service lines ,
and appurtenances are subject to the exercise of eminent domain. In
the event of an exercise of eminent domain by King County, the value
to be attributed to all the rights and interests granted under this
franchise shall not exceed the actual amount the Grantee paid to King
County in obtaining this franchise.
7. ENFORCEMENT
Failure of King County to enforce any provision of this agreement does
not constitute a waiver of its right to enforce that provision or any
other provision of this agreement.
8. INDEMNITY AND HOLD HARMLESS
The Grantee agrees to indemnify and hold harmless King County as provided
herein to the maximum extent possible under law. Accordingly, the Grantee
agrees for itself, its successors, and assigns , to defend, indemnify, and
hold harmless King County, its appointed and elected officials , and
employees from and against liability for all claims , demands , suits , and
judgments , including costs of defense thereof, for injury to persons ,
death , or property damage which is caused by, arises out of, or is inci-
dental to Grantee' s exercise of rights and privileges granted by this
franchise. The Grantee' s obligations under this section shall include:
R15E1/SW89.5
(a) Indemnification for such claims whether or not they arise from the ` 6 0 3
sole negligence of either the County or the Grantee, the concurrent
negligence of both parties, or the negligence of one or more third
parties.
(b) The duty to promptly accept tender of defense and provide defense to
the County at the Grantee' s own expense.
(c) Indemnification of claims made by the Grantee' s own employees or
agents.
(d) Waiver of the Grantee' s immunity under the industrial insurance pro-
visions of Title 51 RCW, which waiver has been mutually negotiated
by the parties.
In the event it is necessary for the County to incur attorney' s fees , legal
expenses , or other costs to enforce the provisions of this section, all
such fees , expenses, and costs shall be recoverable from the Grantee.
In the event it is determined that RCW 4.24.115 applies to this franchise
agreement, the Grantee agrees to defend, hold harmless, and indemnify King
County to the maximum extent permitted thereunder, and specifically for its
negligence concurrent with that of King County to the full extent of
Grantee' s negligence. Grantee agrees to defend , indemnify, and hold
harmless the County for claims by Grantee's employees and agrees to waiver
of its immunity under Title 51 RCW, which waiver has been mutually negotia-
ted by the parties.
9. VACATION
If at any time King County vacates any County Road Rights of Way covered by
this franchise, King County will not be held liable for any damages or loss
to the Grantee by reason of such vacation. King County may, after giving
thirty (30) days written notice to the Grantee, terminate this franchise
with respect to any County Road Rights of Way vacated.
10. INSTALLATION, REPAIR, REMOVAL OR RELOCATION
The Grantee hereby covenants , at its own expense, to install , repair,
remove or relocate existing facilities including all appurtenant facilities
and service lines connecting its services to users within County Road
Rights of Way if such installation, repair, removal , or relocation is
required by the County for any purpose.
11. REQUIREMENT OF CONSTRUCTION PERMITS
The Grantee, its successors or assigns, has the right, privilege and
authority to enter the County Road Rights of Way for the purpose of opera-
ting, maintaining, repairing, or constructing its mains , service lines, and
appurtenances , on the condition permits approved by the Director and Real
Property Division are obtained. Applications for work permits shall be
presented to the Real Property Division, which may require copies of
plans , blueprints , cross-sections , or further detailing of work to be
done. Any work done, whether by Grantee, its contractors, or third parties
R15E1/SW89.6
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15. SURVEY MARKERS AND MONUMENTS 7603
Before any work is performed under this franchise, the Grantee shall
establish two or more reference marks to all monuments and markers of every
nature relating to subdivisions, plats , rights of way, and all other sur-
veys. The reference points shall be located so that they will not be
disturbed during any of Grantee's operations under this franchise. The
method of referencing monuments or other markers or points shall be
approved by the Director before placement. The replacement of all markers
or monuments disturbed during any construction of the Grantee shall be made
as promptly as conditions permit and as ordered by the Director. The cost
of monuments or markers lost, destroyed, or disturbed and the expense of
replacement with approved markers or monuments shall be borne by the
Grantee.
16. ASSIGNMENT
The Grantee shall not have the right to assign this franchise without con-
sent of the King County Council given by Motion. No assignment shall be
effective unless an acceptance by the assignee of all rights, conditions,
terms, provisions, and responsibilities contained within the franchise, as
well as surety bonds which the Council deems necessary to be posted are
received. Council approval of the assignment may be made subject to the
assignee's acceptance of new or modified terms of the franchise.
17. MODIFICATIONS AND/OR REVOCATION
King County may, upon giving thirty (30) days written notice to the Grantee
amend, alter, change or supplement the rights and responsibilities created
in this franchise.
If the Grantee, its successors or assigns shall violate or fail to comply
with any of the terms , conditions or stipulations or any modifications of
this franchise, King County may notify the Grantee of the County' s intent
to revoke the franchise. A public hearing shall be scheduled within 45
days following the notification. The decision to revoke this Franchise
will become effective 90 days following the public hearing if the County
finds the revocation to be in the public interest.
18. EXPIRATION AND RENEWAL
To the extent described in Appendix A, all rights granted by this franchise
to County Road Rights of Way outside incorporated towns and cities apply to
all existing County Road Rights of Way improved and unimproved and to all
County Road Rights of Way acquired by King County during the term of this
Franchise.
If the Grantee has not applied for a renewal of this franchise before it
expires , King County has the right to remove or relocate any lines and
appurtenances of the Grantee as is reasonably necessary for the public' s
health, welfare, safety, or convenience including, but not limited to, the
safe operation of County roads, franchise holders, or for the construction,
renewing, altering, or improving of any County Road Rights of Way, or for
the installation of lines and/or facilities of other franchise holders.
R15E1/SW89.8
include necessary paving, patching, grading, and any other reasonably
necessary repair or restoration to the County Road Rights of Way. All
work shall be done to the satisfaction of the Director. c�
All mains , lines and appurtances which are used in the operation, main-7 6 0 3
tenance, repair or construction of the Grantee' s service and which are
located within the County Road Rights-of-Way shall be considered to be
part of the Grantee's system and shall be the responsibility of the
Grantee. All permits for the operation, maintenance, repair or construc-
tion of said system shall be applied for and given in the name of the
Grantee, who will be responsible for all work done under the permit. The
Grantee remains responsible whether the work is done by the Grantee, its
contractors , or by third parties.
The Grantee shall post a bond to King County in the amount sufficient for
any road repair or restoration. The amount of the bond 'shall be set by the
Director and must be filed with the Real Property Division before a permit
will be issued.
12. RESTORATION OF COUNTY ROAD RIGHTS OF WAY
After work on, under, or adjacent to County Roads Rights of Way, the
Grantee is responsible for and will leave all County Road Rights of Way in
as good a condition as it was before any work was done. In the event that
the Grantee, its contractors, or third parties working under permit should
fail to restore County Road Rights of Way to the satisfaction of the
Director, King County may make such repairs or restorations as are
necessary to return the County Road Rights of Way to its pre-work con-
dition. Upon presentation of an itemized bill for repairs or restorations,
including the costs of labor and equipment , the Grantee will pay the bill
within thirty (30) days. If suit is brought upon the Grantee's failure to
pay for repair and restoration, and if judgment in such a suit is entered
in favor of King County, then the Grantee shall pay all of the actual
costs , including interest from the date the bill was presented, disbur-
sements , and attorney' s fees and litagation related costs incurred.
13. PERFORMANCE OF WORK
The Grantee covenants that inconsideration for the rights and privileges
granted by this franchise, all work performed by the Grantee on County Road
Rights of Way shall conform to all County requirements including, but not
limited to, the requirements of the current edition of the County Road
Standards in force when the work is performed and all traffic control shall
also conform to the current edition of the Manual of Uniform Traffic
Control Devices in force when the work is performed.
14. BLASTING REQUIREMENTS
The right to operate, maintain, repair, and construct Grantee' s mains,
service lines and appurtenances granted by this franchise, does not
preclude King County, its agents or contractors from blasting, grading, or
doing other road work contiguous to the Grantee's lines , and appurtenances.
When practical , the Grantee will be given forty-eight (48) hours notice of
any blasting or excavating so that the Grantee may protect its lines and
appurtenances.
R15E1/SW89.7
,7603
Grantee shall be liable for the costs incurred in any removal or relocation
of its mains , lines, and appurtenances under this section. Costs include
the expense of labor and equipment, provided that any removal is effected
within two (2) years from the expiration date of this franchise.
Upon expiration of this franchise, the grantee shall continue to be
responsible for the operation and maintenance of existing facilities in
the County Roads Rights of Way but shall not have the right to provide
additional services.
19. COMPLIANCE WITH LAWS
Grantee shall conform to state and local environmental regulations inclu-
ding but not limited to the State Environmental Policy Act and King
County environmental standards and ordinances .
20. NON-DISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this
Franchise Agreement, there shall be no discrimination against any
employee or applicant for employment because of sex, sexual orientation,
age, race, color, creed, national origin, marital status or the presence
of any sensory, mental , or physical handicap, unless based upon a bona
fide occupational qualification, and this requirement shall apply to but
not be limited to the following: employment, advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
No person shall be denied, or subjected to discrimination in receipt of
the benefit of any services or activities made possible by or resulting
from this agreement on the grounds of sex, sexual orientation race,
color, creed, national origin, age except minimum age and retirement pro-
visions, marital status, or the presence of any sensory, mental or physi-
cal handicap.
Any violation of this provision shall be considered a violation of a
material provision of this agreement and shall be grounds for can-
cellation, termination or suspension in whole or in part, of the
agreement by the County and may result in ineligibility for further
County agreements.
The Grantee shall make the best efforts to make opportunities for
employment and/or contracting services available to women and minority
persons. The Grantee recognizes that King County has a policy of promo-
ting affirmative action, equal opportunity and has resources available to
assist Grantee in these efforts.
R15E1/SW89.9
21. PENALTY FOR VIOLATION OF CONDITIONS 7603
If the Grantee shall violate or fail to comply with any of the terms,
conditions or responsibilities of this franchise through neglect or
failure to obey or comply with any notice given the Grantee under the
provisions of this franchise, the Council may revoke, amend, alter,
change or supplement this franchise. The Council shall give thirty (30)
days written notice to the Grantee of its intention to do so, during
which period the Grantee shall have the opportunity to remedy the failure
to comply.
22. RATES
The Grantee agrees that it shall be subject to all authority now or later
possessed by the County or any other governing body having competent
jurisdiction to fix just, reasonable, and compensatory rates for services
under this franchise.
23. RIGHT OF APPEAL
Decisions , requirements , or approvals of the Director are binding on the
parties to this document. Appeals from the Director' s determinations
will be made by filing a complaint with the King County Superior Court.
24. SEVERENCE
This agreement gives effect to purposes and uses which are consistent
with economical and efficient services rendered in the public interest.
If any provision of this franchise, or its application is determined to
be invalid by a court of law, then the remaining provisions of this
franchise shall continue and remain valid unless the dominant purpose of
the franchise would be prevented or the public interest is no longer
served.
R15E1/S4189.10
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