HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 12/09/2013 (4) z
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Public Works Committee Minutes
November 18, 2013
COMMITTEE MEMBERS PRESENT:
Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins
were present. The meeting was called to order at 4:08 p.m.
Item 1 — Approval of Meeting Minutes Dated Monday, November 4, 2013:
Committee member Ralph MOVED to approve the minutes of November 4, 2013. The
motion was SECONDED by Committee member Higgins and PASSED 3-0.
Item 2 — Information Only/Sound Transit Update on Link Light Rail Extension to Kent:
Chelsea Levy, Sound Transit Government and Community Affairs Officer and Cathal Ridge, Sound
Transit Project Manager gave an update of the Sound Transit Link Light Rail Extension. It was
noted that the Supplemental Environmental Impact Statement (SEIS) would be available by the
end of 2013 or early spring of 2014.
Sound Transit is working to make citizens aware of the SEIS. Cathal stated that citizens can
provide comments in person at area meetings, online or by calling
(206) 903-7000. Cathal indicated that the board will select a project (route) to build by late
2016.
Information Only/No Motion Required
Sean Bauer, presented items 3a & 3b together, committee members read each item as separate
motions.
Item 3a-2014 Water Treatment Chemical Contract with ]CI ]ones Chemicals, Inc.:
Water Quality Supervisor, Sean Bauer noted that the following two items are for annual chemical
purchases for water treatment.
Item 3a is for gas chlorine and sodium hydroxide which are needed in order to meet state and
federal water regulations. Gas chlorine is used to disinfect the water supply and protect it from
contamination. Sodium hydroxide is used as pH adjustment for corrosion control. Bauer noted
that ICI Jones Chemicals provided the lowest bid.
Committee member Higgins MOVED to recommend Council authorize the Mayor to sign
an agreement with ]CI ]ones Chemicals, Inc. for water treatment chemicals in an
amount not to exceed $91,000.00 subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by Committee
member Ralph and PASSED 3-0.
Item 3b-2014 Water Treatment Chemical Contract with Cascade Columbia Distribution,
Inc.:
Bauer stated that this contract is for sodium fluoride and potassium permanganate which are
needed in order to meet state and federal water regulations. Bauer noted that Cascade Columbia
Distribution provided the lowest bid.
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November 18, 2013
Bauer explained that sodium fluoride is used to fluoridate the drinking water in an effort to help
prevent dental cavities in young children, and potassium permanganate is used in the removal of
iron and manganese to prevent staining of fixtures (sinks, tubs, etc).
Committee member Higgins MOVED to recommend Council authorize the Mayor to sign
an agreement with Cascade Columbia Distribution for water treatment chemicals in an
amount not to exceed $30,900.00 subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by Committee
member Ralph and PASSED 3-0.
Item 4 — Contract with GEI for Briscoe-Desimone Levee Reach 1:
Design Engineering Manager, Mark Howlett presented a PowerPoint presentation. He reminded
the committee where the Briscoe-Desimone Levee is located; along the Green River between S.
1801h Street and S. 2001h Street. Reach 1 of this levee is located within the city limits of Tukwila
and provides flood protection for the Cities of Kent, Tukwila and Renton. Staff is currently
working with the city of Tukwila on an interlocal agreement that will be presented to the
committee for approval at a later date.
Howlett noted that after a nationwide search, GEI Consultants was selected due to their
experience on levee issues. Under this consultant agreement, GEI Consultants will provide
additional geotechnical evaluations, structural analysis and prepare plans and specifications for
Reach 1.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Contract with GEI Consultants, Inc. in an amount not to exceed
$399,124 to provide engineering services for the Briscoe-Desimone Levee Reach 1
project, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Higgins and passed
3-0.
Items 5a, b and c were heard as one item. The motions were read individually.
Item 5a —Consultant Services Agreement with ESA Consultants for Environmental
Enaineerina Services for the Kent Regional Trails Connector:
Design Engineering Supervisor, Mark Madfai stated that Cathy Mooney, Senior Transportation
Planner was responsible for securing a $1,125,368 federal grant for the Kent Regional Trails
Connector project. The project will construct a new, multi-use trail connecting the existing Green
River Trail to the Interurban Trail. The trail location is adjacent to an existing City owned
diversion channel, and requires the crossing of Mill Creek at the Interurban Trail. The city will be
required to obtain the services of an environmental, geotechnical and structural consultant for
this project.
Council member Higgins MOVED to recommend Council authorize the Mayor to sign an
agreement with ESA in an amount not to exceed $30,847.00, to provide environmental
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Public Works Committee Minutes
November 18, 2013
engineering services for the Kent Regional Trails Connector Project subject to final
terms and conditions acceptable to the City Attorney and Public Works Director. The
motion was SECONDED by Committee member Ralph and passed 3-0.
Item 5b - Consultant Services Agreement with GeoEngineers, Inc. for Geotechnical
Services for the Kent Regional Trails Connector:
Council member Ralph MOVED to recommend the Council authorize the Mayor to sign
an Agreement with GeoEngineers Inc. in an amount not to exceed $12,559.00, to
provide geotechnical services for the Kent Regional Trails Connector Project, subject to
final terms and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Committee member Higgins and passed 3-0.
Item Sc - Consultant Services Agreement with Shearer Design for Structural
Engineering Design Services for the Kent Regional Trails Connector:
Council member Higgins MOVED to recommend the Council authorize the Mayor to sign
a Consultant Services Agreement with Shearer Design in an amount not to exceed
$34,847.00 to provide structural engineering services for the Kent Regional Trails
Connector Project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee member Ralph
and passed 3-0.
Items 6a, b and c where heard as one items with three individual motions, for the Green River
Natural Resources Area Pump Station. The Public Works department will be constructing a new
stormwater pump station at the Green River Natural Resources Area (GRNRA). This pump station
will discharge water to the Green River and help reduce low-level flooding in the valley.
Item 6a - Contract with Pace Engineers, Inc. - Pump Station Design Services for Green
River Natural Resources Area Pump Station:
Mark Madfai, Design Engineering Supervisor noted in his PowerPoint presentation where the
Green River Natural Resources Area (GRNRA) Pump Station project is located and that this pump
station project is part of the master plan for the GRNRA which was built in the 1990s.
This project will require the services of a pump station design geotechnical and archeological
consultant.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign an
agreement with Pace Engineers Inc. in an amount not to exceed $172,855 to provide
Pump Station Design services for the Green River Natural Resources Area Pump Station
Project, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Higgins and passed
3-0.
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Item 6b - Contract with Historical Research Associates for Archeological and Historic
Preservation Services for the Green River Natural Resources Area Pump Station:
Committee Member Higgins MOVED to recommend Council authorize the Mayor to sign
a Consultant Services Agreement with Historical Research Associates in an amount not
to exceed $13,537 to provide archeological and historic preservation services for the
Green River Natural Resources Area Pump Station Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Ralph and passed 3-0.
Item 6c - Contract with Geo Engineers, Inc. for Geotechnical Engineering Services for
the Green River Natural Resources Area Pump Station:
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign an
Agreement with Geo Engineers Inc. in an amount not to exceed $27,526 to provide
Geotechnical Engineering services for the Green River Natural Resources Area Pump
Station Project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee member Higgins
and passed 3-0.
Items 7a, b and c were heard as one item with three individual motions for the County Road No.
8 Levee Project.
Kelly Casteel, Design Engineering Supervisor noted that the City's County Road No. 8 Levee is
located between State Route 516 and Washington Avenue. This project will construct a new levee
segment that will help the city accredit another section of levee.
Item 7a - Consultant Services Agreement with Northwest Hydraulic Consultants Inc.
for Hydraulic Analyses for the County Road 8 Levee Proiect:
Committee member Higgins MOVED to recommend Council authorize the Mayor to sign
a Consultant Services Agreement with Northwest Hydraulic Consultants Inc. in an
amount not to exceed $18,194 to provide hydraulic analyses in support of levee
certification for the County Road 8 Levee Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. The motion was SECONDED
by Committee member Ralph and passed
3-0.
Item 7b - Consultant Services Agreement with GeoEngineers, Inc. for Engineering
Services for the County Road 8 Levee Proiect:
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Contract with GeoEngineers, Inc. in an amount not to exceed
$37,865 to provide engineering services and a certification report for the County Road
8 Levee Project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director. The motion was SECONDED by Committee member Higgins
and passed 3-0.
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November 18, 2013
Item 8 - Information Only/King County Flood Control District Authorization — Russell
Road Levee:
Environmental Engineering Manager, Mike Mactutis announced that the King County Flood Control
District Board of Supervisors voted to increase the amount of tax coming to the Flood District by
3 cents per $1,000 of assessed value. This will equate to an additional $9.8 million per year. Half
of the money will go towards property acquisition and the other half will go to capital projects.
The Lower-Lowest Russell Road Levee received an additional $16.1 million in funding over the
next three years. Staff is working on an interlocal agreement with the Flood District that will
enable the city to complete the design and construction of the project. LaPorte noted that staff
has already acquired two of the properties needed to reconstruct the levee in the area needed to
reconstruct the levee and expects acquisition and permitting for the rest of the project to be
completed in 2014.
No Motion Required/Information Only
Added Items:
Bill Doolittle, 412 Washington Ave. North stated that the Union Pacific Railroad crossing on Smith
Street needs to at the very least be made grade-level, heading westbound. He stated it's like
hitting a speed bump. Staff will give an update on this at the next meeting.
The meeting was adjourned at 5:06 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 12, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
Special PW Committee Meeting Date: December 9, 2013
From: Kevin Swinford, Interim Water Superintendent
Through: Dave Brock, P.E. Interim Public Works Director
Chad Bieren, P.E., City Engineer
Subject: Two Year Contract with G C Systems, Inc. for Inspection and
Rebuild Services of Hydraulically Controlled Water Valves
Item -
Motion:
Move to recommend Council authorize the Mayor to sign a two year
Contract with G C Systems, Inc., in an amount not to exceed $25,757.46
(including sales tax) for the inspection and rebuild of 31 hydraulically
operated water control valves, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Summary:
The city has over 100 hydraulically operated valves within its water system that range
in size from 2 to 16 inches. These valves are used to precisely control system pressure
and flow from our water sources, water levels within our reservoirs. In addition, these
control valves would be used to transfer water from neighboring cities in an emergency.
Each valve is inspected every five years and the parts that are known to wear out are
replaced. Upon inspection, additional parts are replaced as required. Inspection and
rebuild service needs to be done by a factory authorized company. G C Systems, Inc.
is factory authorized and operates out of Sumner.
Budget Impact:
Funding for this work is included in Water's annual operating budget.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: December 4, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
Special PW Committee Meeting Date: December 9, 2013
From: Chad Bieren P.E., City Engineer
Subject: Motorist Information Sign Program
Motion:
Move to recommend Council adopt an Ordinance amending Kent City Code section
6.02 and 15.07 to establish a Motorist Information Sign Program.
Summary:
The Washington State Department of Transportation places informational signs on
State highways that direct motorists to nearby services such as gas stations,
restaurants, lodging, etc. When services are not visible from the freeway exit ramp,
follow through signs are required. The City has not adopted a means of installing
these signs on city streets.
The proposed ordinance describes the city's requirements for adding Motorist
Information Signs and implements fees to recover costs. The impetus for moving
ahead with the proposal is a request from a local business.
Budget Impact:
None. Costs are covered by participating businesses.
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Sections
6.07.020, 6.07.050 and 6.07.170; and Section
15.06.040, of the Kent City Code, adding
provisions for motorist information follow through
signs.
RECITALS
A. The State of Washington Department of Transportation
("WSDOT") has implemented a Motorist Information Sign program
designed to direct travelers on state highways to gas, food, lodging,
camping, recreation, tourist activities and 24-hour pharmacies.
B. A business qualifies to participate in the program if it receives
its principal source of revenue from the sale of goods, products or services
that fall within the service categories of gas, food, lodging, camping,
recreation, tourist activities or 24-hour pharmacies.
C. WSDOT permits certain qualifying businesses that have
motorist information signs installed on a state highway pursuant to the
Motorist Information Sign Program to erect follow through signs (signs that
direct the motorist to the business after leaving the main roadway) on exit
ramps, city streets or county roads if the business is not visible from the
1 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
14
highway. The business is responsible for providing the follow through
signs and for working with local agencies for permission to place the follow
through signs on city or county roads.
D. WSDOT has requested that the city adopt procedures for the
placement of motorist information follow through signs in the city of Kent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 6.07.020 of the Kent City Code
is hereby amended as follows:
Sec. 6.07.020 Definitions. The following words and phrases,
wherever used in this chapter, shall have the meanings ascribed to them in
this section except where otherwise defined and unless the context shall
clearly indicate to the contrary:
A. Abutting property means and includes property bordering upon and
contiguous to a public place.
B. Applicant means any person or entity applying for the issuance or
renewal of a street use permit or any person or entity that has been issued
a street use permit.
C. Banner means any pliable canvas or cloth sign material or holiday or
festival decor such as garland or similar decor stretched over or across any
public place.
2 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
15
D. Director means the director of public works or the director's
designee including Kent City Code enforcement
officials.
E. Driveway means that portion of a public place which provides
vehicular access to abutting property through a depression in the
constructed curb or, when there is no constructed curb, that area in front
of such abutting property as is well-defined or that is designated by
authorized signs or markings.
F. Motorist information follow through sign means a su� lemental sign
erected or installed to direct motorists to a qualifying business that
provides services of specific interest to the traveling-public.
FG. Portable sign means a sign which is not permanently affixed to the
ground or to a building or structure and which may be easily moved.
4GH. Public place means and includes streets, avenues, ways, boulevards,
drives, places, alleys, sidewalks, planting (parking) strips, squares,
triangles, and other rights-of-way open to the use of the public, and the
space above or beneath the surface of same. This definition specifically
does not include streets, alleys, ways, planting strips, and sidewalks which
have not been deeded, dedicated, or otherwise permanently appropriated
to the public for public use.
F4I. Sidewalk cafe means a portion of a public sidewalk on which tables
and chairs are placed for the use of patrons while consuming food and/or
beverages, including liquor as defined in RCW 66.04.010, served by a cafe,
restaurant, or tavern located on abutting property.
3 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
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�J. Sidewalk display means a display of goods and wares on a public
sidewalk for retail sale to the public by the owner or manager of a business
upon abutting property, which products are being offered for sale inside
the business.
4K. Sidewalk vending unit or vending unit means a movable cart or
similar device that is operated from a fixed location on a public way from
which food, beverages (excluding liquor), flowers, plants, and/or
merchandise are provided to the public with or without charge. The
provisions of this chapter shall not apply to mobile caterers, generally
defined as person(s) engaged in the business of transporting food and
beverages in motor vehicles to residential, business, and industrial
establishments pursuant to prearranged schedules, and dispensing items
from the vehicles for retail sale to the personnel of such establishments.
4�1_. Sign means any medium, including its structure and component
parts, which is used or intended to be used out of doors to attract
attention to the subject matter for advertising, identification, or
informative purposes.
_kM. Special events means carnivals, fairs, festivals, parades, and other
similar short-term uses of public places.
PAN. Use means and includes, but is not limited to, the following types of
uses: to conduct a parade or other similar event upon any public place; to
operate any sidewalk display, cafe, or restaurant, or any food cart or other
similar vending unit upon any public place; to construct, store, erect,
place, maintain, or operate in, upon, over, or under any public place any
sidewalk cafe, food cart, or restaurant, staging, scaffold, structure, or
4 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
17
material, machinery, or tools used or to be used in connection with the
erection, alteration, repair, or painting of any building; or to move any
building across or along any public place; or to use or occupy any public
place for the storage or placement of any material, equipment, or thing; or
to allow any vehicle to be upon that portion of roadway designated as
parking or curb space for purposes of selling or soliciting in addition to
merely parking; or to open, excavate, or in any manner disturb or break
the surface or foundation of any permanent pavement of a public place; or
to alter the established grade of any street; or to disturb the surface of,
dig up, cut, excavate, or fill in any public place; or to construct,
reconstruct, maintain, or remove any sidewalk or crosswalk, pavement,
sewers, water mains, grading, street lighting, or appurtenances thereto,
except when permitted by ordinance; or to do any work in, or erect any
structure under, along, or over, any public place and other such uses.
Ro. Vending means the commercial sale of food, beverages (excluding
liquor), flowers, plants, and/or merchandise only from a sidewalk vending
unit upon public ways of the city of Kent. "Vending" does not include liquor
as defined in RCW 66.04.010, tobacco, firearms, munitions, or any article
which a minor is prohibited by law from purchasing, or any materials
restricted by the fire code from direct access or handling by the public.
SECTION 2. — Amendment. Section 6.07.050 of the Kent City Code
is hereby amended as follows:
Sec. 6.07.050 Signs. The following provisions shall apply to the
placement of signs on public places:
A. Signs may be placed on a public place without a permit only as
follows:
5 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
18
1. Portable signs. Portable signs as defined herein may be placed
on a public place without a permit upon the following conditions:
a. The location of the sign shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the
nearest street trees, utility poles, traffic control signs and devices, parking
meters, fire hydrants, buildings and other similar devices and structures.
Furthermore, such placement shall be consistent with any applicable
standards established by the Americans with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair
ramp, bus, or taxi zone.
b. No portable signs shall be installed or placed upon
power poles, telephone poles, street light standards, sign posts, trees,
traffic controllers, markers, on any railing, bridge, overpass, street,
crosswalk, public building, or lawn or open area surrounding any public
building.
C. No portable sign shall be placed within ten (10) feet of
a driveway, wheelchair ramp, crosswalk, or intersection or placed or
situated on a public place in such a way as to constitute a threat to the
health, safety and welfare of the public or interfere with the use of the
public place.
d. Portable signs shall be installed so that the top of the
sign does not exceed an elevation of thirty-six (36) inches higher than the
height of the sidewalk, bike path or walkway. Where these improvements
do not exist, the thirty-six (36) inch height limitation shall be measured
from the highest edge of the street, alley or driveway.
e. Portable signs shall be constructed of weather-resistant
wood, metal or plastic. Canvas, cardboard and paper signs are prohibited.
f. Attachment of paper, plastic, balloons, or cardboard to
a sign is not permitted if such attachment extends the approved height or
width of the sign.
6 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
19
g. Portable signs shall not be weighted down, or otherwise
attached to public property in such a way as to resist impact by a traveling
vehicle, bicycle or pedestrian.
2. Political campaign signs. Political campaign signs may be
placed on a public place without a permit; except, however, no sign shall
be placed or situated on a public place in such a way as to constitute a
threat to the health, safety and welfare of the public or interfere with the
use of the public place. Owners of political campaign signs shall be
responsible for their post-election removal within seven (7) days following
the date of the election for which the campaign signs were displayed. For
general and primary elections, it is a rebuttable presumption that the post-
election period extends to January 1st of the year of said election(s).
3. Banners. Banners may be placed on a public place only by
permit pursuant to the provisions of this chapter.
4. Other. All other signs are prohibited on public places for
private purposes and on any equipment, facilities and structures located
upon public places, including, but not limited to, power poles, telephone
poles, street light standards, sign posts, trees, traffic controllers, markers,
railings, bridges, overpasses, and public buildings.
5. Removal. Owners of signs and banners displayed for
temporary events shall be responsible for their removal within seven (7)
days following the last date of the event or the activity for which the signs
were displayed.
B. Motorist information si ng s mabe_placed in the public right-of-way,
subject to the following conditions:
1. The city is authorized to permit erection of motorist
information follow through signs, in conformance with the requirements of
this chapter, adjacent to city streets or roads. The applicant is responsible
7 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
20
for manufacturing
director's approval
erect and maintain the motorist information follow through sign. The
Mplicant is responsible for the initial installation cost and the city shall
thereafter charge an annual administration and maintenance fee of one
hundred dollars ($100.00).
2. The applicant must be a quali ing business eligible for
specific information signs pursuant to the Washington State Department of
Transportation Motorist Information Sign Program R!gL 47.42 RCW�
and chapter 468 66 WAC, as the same may be amended, and must have a
primary motorist information sign currently erected on a nearby state
highway.
3. Motorist information follow through si signs�and their locations
Lha-11 comply with all applicable provisionsof this chaRLL[Ljg�gtions 131 and
315 of Title 23 United States Code° chapter 47.42 RCW° chapter 46£i-66
WAC° and such regulations as may be adopted by the Washington State
Department of Transportation, Manual on
Uniform Traffic Control Devices for Streets and Highways.
4. Motorist information follow through signsshall be located no
more than 500 feet in advance of any required turn.
5. The location of other traffic control devices shall take
precedence over the location of a motorist information follow through sign.
6. The logo sign panel on a motorist information follow through
sign �bea duplicate ofthe logo sign panel displayed on the authorized
motorist information
8 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
21
7. Motorist information follow -through signs for multiple
qualifying businesses may be combined into one sign assembly provided�
that the as nels.
8. —Appropriate legends such as directional arrows or messac7es
indicating direction, shall be displayed with�the lo o�si n panel toU2vide
propertguidance. The directional legend and order shall be white and
shall be displayed on a blue background.
9. The letter height for the service category indicated on the
motorist information follow through sign shall not exceed six (6 inches.
The letter height used on the logo for the business name shall not exceed
Lour L4Linches.
-BC. Violations. In addition or as an alternative to the remedies provided
in this chapter, the director may remove or relocate signs which are placed
on a public place in violation of the provisions of this section, or which the
director determines, in his or her discretion, constitute a threat to the
health, safety and welfare of the public or interfere with the use of the
public place.
SECTION 3. — Amendment. Section 6.07.170 of the Kent City Code
is hereby amended as follows:
Sec. 6.07.170 Permit and inspection fees.
A. Except as otherwise provided in this chaptervTthe city council shall,
by resolution, establish the fees to be assessed to implement and operate
the regulations adopted in this chapter. This resolution may require that
9 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
zz
certain fees be pre-paid and/or nonrefundable because staff time and
materials will be expended whether or not the permit applied for is
approved by the city or pulled by the applicant. In the event of any conflict
or ambiguity regarding any fees established by council resolution, the
public works director is authorized to interpret the fee schedule(s) to
resolve that conflict or ambiguity.
B. Where total inspection time exceeds two (2) hours, an extra charge
shall be invoiced to the applicant at an hourly rate as established by
council resolution.
C. When work for which a permit would be required by this chapter is
commenced or performed without first obtaining that permit, the basic
permit fee shall be doubled, but the payment for that fee shall not relieve
that person or entity from full compliance with all of the requirements of
this chapter in the execution of the work, nor from any other penalties
which may be provided for by local, state, or federal law, including criminal
penalties.
SECTION 4. — Amendment. Section 15.06.040 of the Kent City
Code is hereby amended as follows:
Sec. 15.06.040. General restrictions and limitations for all
districts.
A. Signs in street right-of-way or future street right-of-way. No sign
shall be located in or project into the present or future right-of-way of any
public street unless such location or projection is specifically authorized by
other provisions of this section.
10 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
23
B. Signs interfering with sight distance. No sign shall be so designed or
constructed as to interfere with the sight distance of motorists proceeding
on or approaching adjacent streets, alleys, driveways, or parking areas, or
of pedestrians proceeding on or approaching adjacent sidewalks or
pedestrian ways.
C. Signs over driveways. No sign suspended over or projecting into the
area above a driveway located on private property shall be situated at a
height of less than fifteen (15) feet above the surface of the driveway.
D. Signs over public sidewalks and pedestrian ways. No sign suspended
over or projecting into the area above a public sidewalk or pedestrian way
shall be situated at a height of less than eight and one-half (8 1/2) feet
above the surface of the sidewalk or pedestrian way, and no sign may
project more than seventy-five (75) percent of the distance between the
property line and the curbline except for signs attached to the underside of
a canopy or other architectural projection.
E. Directional signs. Directional signs and signs indicating entrances,
exits, service areas and parking areas shall be excluded from the sign
provisions of this title, and may be erected on private property upon
approval of the building director, traffic engineer, and planning director.
These signs shall not contain advertising or promotional information, and
may be restricted in size.
F. Removal of signs on closure of business. Upon the closure and
vacation of business or activity, the owner of the business or activity shall
have one hundred twenty (120) days from the date of closure to remove
all signs related to the business or activity.
11 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
24
G. Window signs. Window signs shall be considered as a sign and
computed as part of the aggregate sign area and number of signs. Any
painted-over window shall be considered as a wall. The following signs, if
used in the specified manner, are not computed as part of the aggregate
sign area and do not require a permit:
1. Decals indicating credit cards honored.
2. Banners or posters on the inside of windows. Such signs may
be used in conjunction with national advertising programs, or as weekly
marketing specials, or as decorations customary for special holidays.
H. Painted signs. Signs painted on exterior wall, window, or structure of
any kind shall be computed as part of the aggregate sign area and number
of signs.
I. Barber poles. In addition to any other signs authorized by the
provisions of this chapter, any barbershop shall be entitled to display a
barber pole. The design of the pole and its location and manner of erection
shall be subject to the approval of the building director.
J. Credit card signs. Signs indicating credit cards honored may be
displayed in window areas only. Such signs are not computed as part of
the aggregate sign area and do not require a permit.
K. Institutional signs. For churches, schools, hospitals, public facilities
and institutional uses, one (1) double-faced freestanding or wall
identification sign is permitted for each street frontage. The sign may have
an aggregate area of one (1) square foot for each ten (10) lineal feet of
street frontage. However, each use is guaranteed a minimum sign area of
12 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
25
twelve (12) square feet per display face regardless of street frontage. The
sign may be illuminated. Freestanding symbols of sculpture used as
identification may be permitted with the approval of the planning
department. Wall signs, lettering, or symbols may also be approved by the
planning department.
L. Gate or entrance sign. Gate or entrance signs may be permitted,
and may be located in public rights-of-way, if approved by the planning
department.
M. Community bulletin board. Subdivisions and residential communities
may be allowed to erect a permanent structure as a community bulletin
board if approved by the building and planning directors.
N. Business hours signs. Signs stating business hours shall be excluded
from the provisions of this title, and may be erected upon private property
upon the approval of the building director and planning director. These
signs shall not contain advertising or promotional information. Maximum
number permitted shall be one (1) per entrance, with a maximum size of
four (4) square feet.
O. Public service signs. Nonadvertising or nonpromotional signs may be
erected as a public service to the community by public service clubs or
other nonprofit organizations. Such signs may be located in any zone upon
approval by the building and planning directors.
P. Real estate signs. Real estate signs are permitted as follows. No sign
permit is required.
1. Residential uses.
13 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
26
a. Single-family dwellings and duplexes. One (1) real
estate sign shall be permitted for each street frontage of a lot. The sign
may have two (2) faces, shall not exceed a height of five (5) feet above
the surface of the street unless placed in a window, shall not exceed an
area of four (4) square feet per face, and shall be unlighted.
b. Multiple-family dwellings. One (1) real estate sign shall
be permitted for each street frontage of a development. The sign shall not
exceed an area of twelve (12) square feet, shall be attached flat against a
principal building, shall not project above the eave of the roof or the top of
the parapet of the building, and shall be unlighted.
2. Commercial and industrial uses. One (1) real estate sign shall
be permitted for each public entrance, but there shall not be more than
four (4) signs per lot. The sign shall not exceed an area of eight (8) square
feet, shall be attached flat against the building or freestanding, shall not
project above the eave of the roof or the top of the parapet of the building,
and shall be unlighted.
3. Unimproved acreage. One (1) real estate sign shall be
permitted for each lot. The sign shall not exceed an area of one-fourth
(1/4) square foot for each foot of lot frontage and shall not in any event
exceed fifty (50) square feet. The sign shall not exceed a height of ten
(10) feet above the surface of the nearest street, and shall be unlighted.
Q. Temporary signs. Temporary signs may be authorized by the
planning department for a time period specified for each type of temporary
sign.
14 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
27
1. Temporary subdivision or apartment signs. A temporary real
estate sign declaring a group of lots, dwellings, or occupancies within a
subdivision or apartment complex for sale or rent shall be permitted
subject to the following conditions:
a. One (1) such sign shall be permitted for each street
frontage of the premises being sold or leased. The sign shall be located on
the premises being sold or leased.
b. The area of such signs shall not exceed an area of
twenty-five (25) square feet each.
C. The signs shall not exceed a height of ten (10) feet
above the level of the street.
d. The signs shall be unlighted.
e. The signs shall not interfere with the sight distance of
pedestrians and motorists proceeding on or approaching adjacent streets.
f. The signs may remain as long as the project remains
unsold or unleased, or for one (1) year, whichever period shall be lesser;
provided, however, that the planning director shall have the authority to
extend the time period one (1) year.
2. Nonpolitical campaign signs. Temporary nonpolitical signs
announcing a campaign, drive, or event of a civic, philanthropic,
educational, or religious organization may be allowed upon any lot. Such
signs may be posted thirty (30) days prior to the event, drive, campaign,
etc. All such signs shall be collectively subject to the fifty dollar ($50)
15 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
2s
deposit. Such signs shall be removed within seven (7) days after the
event, drive, campaign, etc.
3. Construction signs. One (1) sign identifying a project under
construction shall be permitted for each street frontage of the building or
structure under construction. The sign may contain the name of the
building contractor and his subcontractors, the architect, and the engineer.
The sign shall be permitted during the period of construction, and shall not
exceed a total of fifty (50) square feet for all faces.
4. Grand openings and special events signs. Special permits may
be issued by the planning department for a period not to exceed thirty
(30) days for banners, streamers, and temporary or portable signs for
special events such as carnivals, outdoor affairs and sales, grand openings,
and events of a similar nature.
R. Off-premises signs.
1. Authorized. The total number of off-premises sign structures
allowed within the city of Kent shall not exceed the total number of off-
premises sign structures in existence as of the effective date of the
ordinance codified in this subsection.) Off-premises sign structures shall
be inventoried by the city. In order to assist the city in its inventory, the
owner of any off-premises sign located within the city shall, to the best of
its ability, provide the city with information as to the dates of installation,
repair, or alteration of the owner's off-premises signs within the city and
no repair, alteration, or replacement of any such off-premises sign may
occur until such information is provided to the city. Subject to any
permitting requirements, any person, firm, or corporation who owns or
maintains off-premises sign structures within the city of Kent shall be
16 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
29
authorized to alter, repair, maintain, and relocate their off-premises sign
structures in existence as of the effective date of the ordinance codified in
this subsection. As unincorporated areas are annexed to the city of Kent,
the total number of off-premises sign structures in the area annexed will
constitute an addition to the number authorized in the city of Kent and
shall be added to the inventory and shall be eligible to be relocated.
To the extent the provisions of KCC 15.08.100 (F) are inconsistent with
this subsection (R)(1), the provisions of this subsection shall prevail.
2. Districts where permitted. Off-premises signs are permitted in
M1, M2, and M3 districts. Off-premises signs not in one of the above zones
shall be categorized as legal nonconforming signs. A sign structure
authorized to be relocated pursuant to subsection (R)(1) of this section
may only be relocated to an M1, M2, or M3 zoning district. The owner of an
off-premises sign shall have two (2) years to relocate an inventoried off-
premises sign that has been removed under the authority of a demolition
permit. A one (1) year extension may be granted by the city planning
director in instances where relocation cannot be undertaken due to
circumstances beyond the control of the owner of the off-premises sign to
be relocated.
3. Standards.
a. Maximum size. As of the effective date of the ordinance
codified in this subsection, the maximum size per sign face is three
hundred (300) square feet.
b. Maximum height. Maximum height is thirty-five (35)
feet.
17 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
30
C. Distance from any intersection. Off-premises signs shall
be located a distance of three hundred (300) feet from any intersection.
d. Double-faced signs. An off-premises sign structure may
contain up to two (2) sign faces arranged either back-to-back or in a V-
shape arrangement. The use of tri-vision panels on a sign face shall not in
itself constitute additional sign faces.
e. Spacing. Not more than four (4) sign structures per one
thousand (1,000) lineal feet are permitted.
4. Permits. Off-premises signs shall not be altered with regard to
size, shape, orientation, height, or location without the prior issuance of a
building permit. Ordinary maintenance shall not require building permits.
Off-premises sign copy replacement may occur at any time and is exempt
from the requirement for building permits.
5. Tri-vision panels. Subject to applicable permitting
requirements, the allowable faces on off-premises sign structures listed on
the official city of Kent off-premises sign inventory may contain tri-vision
panels which rotate, subject to KCC 15.06.030(E). Tri-vision panels are the
only type of moving parts authorized on off-premises signs.
6. Unpermitted signs. Owners of off-premises signs that have
unpermitted tri-vision panels as of the date of the ordinance codified in this
subsection shall have one (1) year from the effective date of the ordinance
enacting this provision to apply for and obtain permits for such.
18 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
31
7. Electronic video signs prohibited. Off-premises signs that
contain electronic video displays similar to or otherwise depicting a
television screen are prohibited.
8. Hazard or nuisance. All off-premises signs, together with all of
their supports, braces, guys and anchors, shall be kept in good repair and
in a proper state of preservation and safety. If an off-premises sign is
determined by the Kent building official to be in a state of disrepair so as
to constitute a safety hazard or a nuisance as defined by the building code
or Kent City Code, the building official may initiate enforcement
proceedings pursuant to KCC 15.10.070.
9. Enforcement. Any violation of the provisions of this subsection
(R) shall be subject to enforcement pursuant to KCC 15.10.070.
S. Portable A-frame sandwich board signs.
1. A portable A-frame or similarly designed sign which is no
greater than thirty-six (36) inches wide by forty-two (42) inches tall.
a. Not more than two (2) sandwich board signs may be
utilized by retail uses in the M1 districts. They are not permitted in any
other districts.
b. Portable A-frame sandwich board signs are permitted to
be placed on the business premises.
C. Portable A-frame sandwich board signs placed on the
business premises shall be in lieu of portable signs placed on the public
right-of-way.
19 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
32
d. The planning department shall develop procedures for
processing such sign applications.
T. Stadium signs. One double-faced freestanding or wall identification
sign is allowed for each street frontage. The sign may have an aggregate
area of one (1) square foot for each ten (10) lineal feet of street frontage,
up to a maximum sign area of two hundred (200) square feet per display
face. However, each stadium is guaranteed a minimum sign area of twelve
(12) square feet per display face regardless of street frontage. The sign
may be illuminated. The sign may include on each regulated display face
advertising on up to forty (40) percent of the total square footage for that
display face. The maximum height of a freestanding sign shall be twenty
(20) feet.
U. Motorist information follow through signs. Motorist information
follow through signs may be located in the public right of way when
permitted pursuant to KCC 6.07.050.i3.
SECTION 5. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 6. — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
20 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
33
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 7. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY
PASSED: day of 2013.
APPROVED: day of 2013.
PUBLISHED: day of 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P\av1\0b,n,\MotornIffomM,ons9n=d-
21 Amend KCC 6.07 and 15.06.040
Motorist Information Signs
Ordinance
34
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35
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
Wnsu INGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 29, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
Special PW Committee Meeting Date: December 9, 2013
From: Mark Howlett, PE, Design Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Sewer Franchise with King County
Motion:
Move to recommend Council authorize the Mayor to sign a Sanitary Sewer
Franchise with King County allowing the City to operate its sanitary sewer
system in rights-of-way of unincorporated King County, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
Summary:
The City of Kent's sewer utility boundary does not exactly follow the City limits.
There are two areas where the sewer service area is outside of the City limits within
unincorporated King County. One of these locations is on Kent's West Hill, south of
Kent Des-Moines Road. The other is on the south side of the Green River near 78th
Avenue South and S. 262nd Street.
These areas are located near the city's sewer system and are therefore more
logically served by the City rather than King County.
This 25-year franchise agreement allows the City to construct, operate and maintain
our sanitary sewer system within County roads and rights-of-way. A similar
franchise was signed by both parties a number of years ago, but it has expired. The
proposed franchise is a replacement for that agreement.
Budget Impact:
No fees are required to be paid to execute this franchise.
36
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37
CITY OF KENT
SEWER FRANCHISE
Franchise No.
Ong County, Washington
38
TABLE OF CONTENTS
FRANCHISENO. .......................................................................................................................2
APPLICATIONAND HEARING................................................................................................................3
GRANT OF FRANCHISE.,......................... ......3
GENERAL TERMS AND CONDITIONS...................................................................................................4
1. DEFINITIONS...............................................................................................................................4
2. ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS.............................................5
3. FRANCHISE TERM......................................................................................................................6
4. FRANCHISE AREA......................................................................................................................6
5. NON-EXCLUSIVE FRANCHISE.................................................................................................6
6. JURISDICTION.............................................................................................................................7
7. REGULATION OF USE AND CONTROL......................_........ ......... ... 7
8. EMINENT DOMAIN..................................................................................................................... 8
9. ENFORCEMENT.......................................................................................................................... 8
10. CONDITION OF FRANCHISE AREA......................................................................................... 8
11. INDEMNITY AND HOLD HARMLESS .....................................................................................9
12. INSURANCE REQUIREMENTS................................................................................................10
13. CONTRACTOR'S PFRFORMANCE AND PAYMENT BOND.................................................16
14. HAZARDOUS MATERIALS AND ENTVIRONMENTAL COMPLIANCE...............................16
15, LIENS .-__...._._............................................................................................................... ........20
16. FRANCHISE FEE AND COSTS..................................................................................................20
17. VACATION..................................................................................................................................22
18. REPAIR, REMOVAL OR RELOCATION..................................................................................22
19. REQUIREMENT OF CONSTRUCTION PERMITS...................................................................24
20. NOTIFICATION OF WORK........................................................................................................27
21. PERFORMANCE OF WORK......................................................................................................27
22. RESTORATION OF COUNTY ROAD RIGIITS-OF-WAY.......................................................28
23. OPERATIONS,MAINTENANCE,INSPECTION, TESTING ...................................................28
24. EMERGENCY ABATEMENT OF DANGEROUS CONDITIONS..................___.....................28 '..
25. BLASTING REQUIREMENTS _-...... ............ ....................... ................ ............................ ....29
26. SURVEY MARKERS AND MONUMENTS...............................................................................29
27. LEAKS, RUPTURES AND EMERGENCY RESPONSE............................................................29
28. REMOVAL,ABANDONMENT IN PLACE...............................................................................30
29. ASSIGNMENI'AND WITHDRAWAL.-,............ ................. ....... ........................ ...............I :..
30. EXPIRATION AND RENEWAL.................................................................................................31
31. CONTINUATION OF CERTAIN OBLIGATIONS.....................................................................31
32. AMENDMENT.............................................................................................................................32
33. COMPLIANCE WIl'HLAWS.....................................................................................................32
34. NON-DISCRIMINATION CLAUSE...........................................................................................32
35, JUDICIAL REMEDIES................................................................................................................33
36, FRANCHISE REMEDIES FOR V10LATION OF CONDITIONS.............................................33
35. OTHER REMEDIES FOR VIOLATION OF CONDITIONS......................................................33
37. RECEIVERSHIP AND FORECLOSURE....................................................................................14
38. DISPUTE RESOLUTION AND RIGIIT OF APPEAL................................................................15
39, NOTICES......................................................................................................................................16
40. SEVERANCE...............................................................................................................................36
41. MISCELLANEOUS......................................................................................................................37
EXHIBIT A................. 9
EXHIBITB...................................................................................................................................................41
EXHIBITC...................................................................................................................................................44
FRANCHISE NO.
2
Scwcr Franchisc
CITY OF KENT
DATED:
i
39
CITY OF KENT
SEWER FRANCHISE
In the matter of the application for a Franchise to Construct, Operate, Maintain, repair,
relocate, remove and replace its sewer utility facilities, including sewer mains,
transmission lines, force mains and appurtenances in, over, along and under specified
County roads and rights-of-way in King County Washington.
APPLICATION AND HEARING
The application of the CITY OF KENT the Grantee, for a Franchise to Construct,
Operate, Maintain, repair, relocate, remove and replace its sewer utility facilities,
including sewer mains transmission lines, force mains, and necessary appurtenances in,
over, along, and under specified County Roads and Rights-ol=Way located within the
area described in attached Exhibit A and illustrated in Exhibit B has been heard on this
day of , 20_. All of the property described in Exhibit A and
Exhibit B lies outside 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.
GRANT OF FRANCHISE
i
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 Sewer
Franchise be granted to the CITY OF KENT; the Grantee; subject to the conditions set
out herein. This Franchise grants the right, privilege, authority and Franchise to
Construct, Operate, Maintain, repair, relocate, remove and replace its sewer utility
facilities, including mains, transmission lines, force mains and necessary appurtenances
as a part of its sewer system in, over, along, and under County Roads and Rights-of-Way
located within the Franchise Area described in Exhibit A and B.
This Franchise is granted subject to all of the terms and conditions contained herein,
including in exhibits and attachments to the Franchise, and subject to the terms and
conditions within Ordinance No. The Franchise shall expire in twenty-five
(25) years on , 20_.
3
Sewer Franchise
CITY OF KENT
DATED:
40
GENERAL TERMS AND CONDITIONS
THIS FRANCHISE is subject to the following terms and conditions:
1. DEFINITIONS.
I
References to any County official or office also refer to any office that succeeds to any or
all of the responsibilities of the named office or official. References to laws or
"applicable laws" include federal, state, and local laws and regulations adopted pursuant
to those laws; unless otherwise stated, references to laws include laws now in effect, as
the same may be amended from time to time during the operation of this Franchise. In
addition, the following definitions shall apply for the purposes of this Franchise and all
exhibits attached hereto. Defined words shall have their meaning as defined in this
section when capitalized in the text. Words not defined, and defined words when not
capitalized in the text shall be given their common and ordinary meaning.
Abandon (Abandonment). The term "Abandon or Abandonment" shall mean when
Grantee discontinues use of the Facilities, or any portion thereof with no immediate
intent to resrune such use.
County or Grantor. The terms "County" or "Grantor" refer to King County, a political
subdivision of the State of Washington. Where discretionary acts by the County are
authorized or required herein, unless otherwise stated they shall be performed by the
Director.
County Road Rights-of-Way. The term "County Road Rights-of-Way" includes any
maintained or umnaintained road, street, avenue, or alley located within unincorporated
King County. It does not include recreational or nature trails except where the trails
intersect with or are within roads, streets, avenues or alleys.
i
Construct or Construction. The terns 'Construct or Construction" shall mean to
construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix,
attach, modify, improve, remove, support, maintain, or repair Grantee's Facilities and
may include, but is not limited to, digging and/or excavating for the above purposes.
Council. The term "Council" refers to the King County Council, acting in its official
capacity.
Default. The term "Default" shall mean a failure, omission or neglect to perform, satisfy
or discharge any term, condition, representation, warranty or other obligation under the
Franchise.
Director. The term "Director" refers to the Director of the King County Department of
Transportation or his or her designee.
a
Sewer Franchise
CITY OF KENT
DATED:
41
Effective Date. The tend "Effective Date" shall mean the date designated herein, after
passage, approval and legal publication of this Ordinance and acceptance by Grantee,
upon which the rights, dirties and obligations shall come in effect and the date from
which the time requirement for any notice, extension and/or renewal will be measured.
Facilities. The term "Facilities" shall mean the Grantee's sewer mains, transmission
lines, force mains and appurtenances within the Franchise Area that are necessary for the
purposes of collecting, transporting or treating sewerage within the Franchise Area. The
term shalt include electrical and fiber optic cables, but only those necessary and used for
the Operation and Maintenance of the Grantee's sewer system.
Franchise. The term "Franchise" shall mean this Franchise, once accepted by the
Grantee , and including any amendments, exhibits, or appendices to this Franchise.
Franchise Area. The term "Franchise Area" shall mean the King County Roads Rights-
of-Way wherein the Grantee has or will locate the Grantee's Facilities, all as identified
and described in Exhibits A and B.
Grantee. The term "Grantee" refers to the Franchisee, the CITY OF KENT, and its
successors and those assignees approved pursuant to paragraph 29 herein.
Maintenance or Maintain. The term "maintenance or maintain" shall mean examining,
testing, inspecting, repairing, maintaining and replacing the Facilities or any part thereof
as required and necessary for safe Operations and related activities, as performed by the
Grantee, unless otherwise provided herein.
Operate or Operations. The term "Operate or Operations" shall mean the use of Grantee's
pipeline(s) and/or Facilities for the collection, transportation, transmission and treatment
of sewerage within and through the Franchise area.
Other Governing Body. The term "Other Governing Body" refers to any public official
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 or Exhibit B.
Public Properties. The term "Public Properties" shall mean the present and/or future
property owned or leased by Grantor.
Utility. The term "Utility" refers either to the Grantee or, depending on the context, to
any other person, fain, or corporation, public or private, which may hold a Franchise to
maintain and operate facilities in, under, over, across, and along any of the County
property described in Exhibit A or Exhibit B, or within the Franchise Area.
2, ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
5
Sewer Franchise
CITY OF KEN I'
DATED:
1
42
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the Clerk of the Council within forty-five (45) days from 20 ,
by the Grantee, unless Grantee requests additional time in which to accept the Franchise
and is granted such additional time in writing by the Director. 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. Full acceptance shall be accomplished by filing three signed originals of this
Franchise, together with the following:
a. The insurance certificates required.in Section 12.
b. Payment of the administrative and other costs for issuance of the Franchise
according to Section 16.
3, FRANCHISE, TERM
The Franchise shall expire in 25 years, on 20_; provided,
however, that certain of Grantee's obligations, including obligations to Maintain, repair,
remove, and replace its Facilities shall survive expiration and continue as more fully
provided in Section 31.
4. FRANCHISE AREA.
This Franchise shall apply to the Franchise Area set out in Exhibits A and B. Grantee
and the County recognize that Grantee may need to utilize additional County Road
Rights-of--Way in order to Construct, Operate and Maintain the Facilities. Grantee agrees
to cooperate with the County to timely identify and evaluate ally additional County
Roads Rights-of-Way necessary to Construct and Operate its sewer collection and
treatment systems. Exhibit A shall include a legal description of that Franchise area.
The legal description and Exhibit A may be amended by written agreement of both
parties to add additional Franchise Areas or delete portions of or modify existing
Franchise Areas, and such amendments shall be incorporated herein to evidence such
approval.
5. NON-EXCLUSIVE FRANCHISE
'this Franchise is not exclusive. The primary purpose of the County Roads Rights-of-
Way is to provide for the efficient transportation of the public. This Franchise does not
prohibit King Comity from granting Franchises for other public or private utilities, in,
under, over, across, and along any County Road Rights-of-Way and the Franchise Area,
as it may deem fit.
Franchisee shall cooperate in allowing any other additional uses authorized in franchises
granted by King County, King County retains full power to use, construct, and alter the
County Road Rights-of-Way covered by this Franchise and to make all changes,
relocations, repairs, and perform maintenance as it may deem fit.
6
Sewer Franchise
CITY OF KENT
DATED:
43
6. JURISDICTION
This Franchise is intended to convey limited rights and interests only as to those roads
and rights-of-way in which Ding 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 Franchise, by
reason of the subsequent incorporation of any town or city, or extension of the limits of
any town or city, shall later fall within the city or town limits, this Franchise shall
terminate as to such rights-of-way at such time as the incorporation and/or annexation is
complete, after which time the County will no longer have any responsibility for
maintenance of any County roads or rights-of-way 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.
All of the rights herein granted shall be subject to and governed by this Franchise;
provided, however, that nothing in this Franchise may be construed in any way as
limiting King County's rights to adopt ordinances that are necessary to protect the health,
safety and welfare of the general public.
7. REGULATION OF USE AND CONTROL
This Franchise does not deprive King County of any authority it now has or may later J
acquire to regulate the use of and to control the County Road Rights-of-Way covered by
this Franchise. This Franchise authorizes the use of County Road Rights-of-Way solely
for sewer service.
King County shall have complete authority over the location of the Grantee's Facilities
within the County Road Rights-of-Way, to both determine the initial location during
Construction and to require relocation of the Grantee's Facilities under Section 18 of this
Franchise.
Any use of the Grantee's equipment or Facilities in County rights-of-way by others, is
prohibited unless separately authorized and approved in writing by King County. The
Grantee agrees that prior to authorizing any person to use the Grantee's equipment or
Facilities located in County rights-of-way, the Grantee will require the user to provide
the Grantee with an affidavit that it has obtained the necessary Franchise or other
approval from the County to operate and provide the proposed activity or service in
County Roads Rights-of-Way. At least thirty(30) days prior to executing any agreement
with a potential user for the use of the Grantee's equipment or Facilities, the Grantee
shall provide a copy of the affidavit to the County Road Engineer at: King County
Department of Transportation, Ding Street Center, 201 South Jackson St., MS-KSC-231,
7
Sewer Franchise
CITY OF KENT
DATED:
44
Seattle, WA 98104, and to the King County Office of Cable Communication at Chinook
Building, 401 5"' Avenue, Suite 600, Seattle, WA 98104, Fax: 206-296-0842.
8. EMINENT DOMAIN
This Franchise and the limited rights and interests for the Operation, Maintenance,
repair, and Construction of Grantee's Facilities are subject to the exercise of eminent
domain. In the event of an exercise of eminent domain by Kraig 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 the Franchise.
9, ENFORCEMENT
Failure of King County, on one or more occasions to exercise a right or to require
compliance or performance under this Franchise or any applicable law, shall not be
doomed to constitute a waiver of such right or a waiver of compliance or performance,
unless such right has been specifically waived in writing. Failure of King County to
enforce or exercise its rights under any provision of this Franchise or applicable law does
not constitute a waiver of its rights to enforce or exercise a right in any other provision of
this Franchise or applicable law.
Failure of Grantee, on one or more occasions to exercise a right or to require compliance
or performance under this Franchise or any applicable law, shall not be deemed to
constitute a waiver of such right or a waiver of compliance or performance, unless such
right has been specifically waived in writing. Failure of Franchisee to enforce or
exercise its rights under any provision of this Franchise or applicable law does not
constitute a waiver of its rights to enforce or exercise a right in any other provision of
this Franchise or applicable law.
i
10. CONDITION OF FRANCHISE AREA
Grantee has inspected or will inspect each applicable Franchise Area, and enters upon
each such Franchise Area with knowledge of its physical condition and the danger
inherent in operations conducted in, on or near any Franchise Area. GRANTEE
ACCEPTS TIIE FRANCHISE AREA IN AN "AS-IS WITII ALL FAULTS" BASIS
WITH ANY AND ALL PATENT AND LATENT DEFECTS AND IS NOT RELYING
ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF
ANY FIND WHATSOEVER FROM THE COUNTY AS TO ANY MATTERS
CONCERNING TIIE FRANCIISE AREA, including, but not limited to the physical
condition of the Franchise Area; zoning status; presence and location of existing
Utilities; operating history; compliance by the Franchise Area with Environmental Laws
or other Laws and other requirements applicable to the Franchise Area; the presence of
any Hazardous Substances or wetlands, asbestos, or other environmental conditions in,
on, under, or in proximity to the Franchise Area; the condition or existence of any of the
above ground or underground structures or improvements, including tanks and
transformers in, on or under the Franchise Area; the condition of title to the Franchise
8
Sewer Franchise
CITY OF I ENT
DATED:
45
Area, and the leases, easements, Franchises; orders, licensees, or other agreements,
affecting the Franchise Area (collectively, the "Condition of the Franchise Area').
I
Grantee represents and warrants to the County that neither the Grantee nor its contractors
or subcontractors have relied and will not rely on, and the County is not liable for or
bound by, any warranties, guaranties, statements, representations or information
pertaining to the Condition of the Franchise Area or relating thereto made or furnished
by the County, or any agent representing or purporting to represent the County, to
whomever made or given, directly or indirectly, orally or in writing. COI NTTY
HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER
EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF TILE
FRANCHISE AREA, ITS MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF THE PUBLIC RIGHT-OF-WAY, OR THE CONFORMITY OF
ANY PART OF THE, PUBLIC RIGHT-OF-WAY TO ITS INTENDED USES,
COUNTY SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF
GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE
DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OF ANY PART OF THE PUBLIC RIGHT-OF-
WAY PRESENT ON OR CONSTITUTING ANY FRANCIISE AREA, OR THE
CONFORMITY OF ANY SUCII PROPERTY TO ITS INTENDED USES.
11. INDEMNITY AND HOLD HARMLESS
The indemnification, protection, defense and save harmless obligations contained herein
shall survive the expiration, abandonment or termination of this Franchise.
The Grantee agrees to protect, defend, 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, for monetary losses of any kind, including refunds
of charges or fees paid by customers, and any other claim of liability of any kind which
is caused by, arises out of, or is incidental to Grantee's exercise of rights and privileges
granted by this Franchise, or is otherwise related to Grantee's operation and maintenance
of its facilities, and including, but not limited to liability from the products contained in,
transferred through, released or escaped from Grantee's facilities. The Grantee's
obligations under this section shall include:
A. Indemnification for such claims whether or not they arise from the sole
negligence of 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.
9
Sewer Franchise
CITY OF KENT
DATED:
46
C. Indemnification of claims made by the Grantee's own employees or
agents.
D. Waiver of the Grantee's immunity under the industrial insurance
provisions of Title 51 RCW, which waiver has been mutually negotiated
by the parties.
i
E. Indemnification for claims submitted by Grantee's contractor or
subcontractors arising from Construction of the transmission and delivery
pipelines, appurtenances and Facilities.
The Grantee shall have no obligation under this section to indemnify and hold harmless
King County for claims arising from the sole negligence or willful misconduct of King
County, its appointed and elected officials and employees.
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 there under, and specifically for its negligence concurrent with that of
King County to the full extent of Grantee's negligence.
King County shall give the Grantee timely written notice of the malting of any claim or
of the commencement of any such action, suit, or other proceeding covered by the
indemnity in this section. Iu the event any such claim arises, the County or any other
indemnified party shall tender the defense thereof to the Grantee and the Grantee shall
have the duty to defend, settle, or compromise any claims arising hereunder and the
County shall cooperate fully therein. Failure of the County to timely notify Grantee of
such a claim or action, however, shall not constitute a defense to the indemnity set out in
this section, except to the extent of actual prejudice to the Grantee.
In addition to other indemnifications required by this Franchise, Grantee specifically
agrees to defend, indemnify, and save harmless King County, its officers, agents and
employees, from and against all suits, claims, actions, losses, costs, penalties,judgments,
settlements and damages of whatsoever kind or nature, including third party construction
delay and impact claims, arising out of failure to complete all Utility related adjustments,
relocations, repairs, relocations, or work in accordance with this Franchise and the work
plan and schedule agreed to by King County and Grantee.
Notwithstanding the above, the County shall have no obligation to tender a defense as a
condition of the indemnity where there is a material conflict between the interests of the
Grantee and King County,
12. INSURANCE REQUIREMENTS
A. Insurance Required
to
Sewer Franchise
CITY OF KENT
DATED:
i
47
By the date of execution of this Franchise, the Grantee shall procure and
maintain for the duration of this Franchise, insurance against claims for
injuries to persons or damages to property which may arise from, or in
connection with, the performance of work hereunder by the Grantee, its
agents, representatives, employees and/or contractors /subcontractors.
The Grantee or contractor/subcontractor shall pay the costs of such
insurance. The Grantee shall furnish separate certificates of insurance and
policy endorsements from each contractor/subcontractors as evidence of
compliance with the insurance requirements of this Franchise.
The Grantee is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Grantee, its agents,
employees, officers, contractor/subcontractors to comply with the
insurance requirements stated herein shall constitute a material breach of
this Franchise.
Each insurance policy shall be written on an "occurrence" form; except
that insurance on a "claims made" form may be acceptable with prior
County approval. If coverage is approved and purchased on a "claims
made" basis, the Grantee warrants continuation of coverage, either
through policy renewals of the purchase of an extended discovery period,
if such extended coverage is available, for not less than three years from
the date of Franchise termination, and/or conversion from a "claims
made" form to an"occurrence' coverage form.
Nothing contained within these insurance requirements shall be deemed to
limit the scope, application and/or limits of the coverage afforded by said
policies, which coverage will apply to each insured to the full extent
provided by the terms and conditions of the policy(s). Nothing contained
in this provision shall affect and/or alter the application of any other
provision contained within this Franchise.
B. Risk Assessment by Grantee
By requiring such minimum insurance, the County shall not be deemed or
construed to have assessed the risks that may be applicable to the Grantee
under this Franchise, nor shall such minimum limits be construed to limit
the limits available under any insurance coverage obtained by the
Grantee. The Grantee shall assess its own risks and, if it deems
appropriate and/or prudent, maintain greater limits and/or broader
coverage. Grantee's liability for indemnification and other risks under this
Franchise shall not be construed as limited by the requirement of the
minimum insurance coverage set out herein.
I
Sewer Franchise
CITY OF KENT
DATED:
48
C. Minimum Scope of Insurance. Coverage shall be at least as broad as the
following:
1. General Liability
Insurance Services Office form number (CG 00 01) covering
COMMERCIAL GENERAL LIABILITY including XCU coverage.
Explosion and Collapse, Undergrormd Damage (XCU). Coverages
shall apply for the same limits as the general liability. Evidence of
insurance must specifically state the coverage has not been
excluded.
2. Automobile Liability
Insurance Services Office form number (CA 00 01) covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the
appropriate coverage provided by symbols 2, 7, 8, or 9.
3. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar
coverage required for this work by applicable federal or "Other
States" state law.
4. Stop Gap/Employers Liability j
Coverage shall be at least as broad as the indemnification, protection
provided by the Workers' Compensation policy Part 2 (Employers
Liability) or, in states with monopolistic state funds, the protection
provided by the "Stop Gap" endorsement to the general liability
policy.
D. Minimum Limits of Insurance
The Grantee shall maintain limits no less than the following:
1. Commercial General Liability: $5,000,000 combined single limit
per occurrence by bodily injury, personal injury, and property
damage; and for those policies with aggregate limits, a $5,000,000
aggregate limit.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage if the use of motor
vehicles is contemplated.
12
Sewer Franchise
CITY OF KENT
DATED:
49
3. Workers' Compensation: Statutory requirements of the state of
residency.
4. Stop Gap/Employers Liability: $1.000,000.
E. Minimum Limits of Insurance - Construction Period
In addition to the minimum coverages, prior to commencement of
Construction and until Construction is complete and approved by the
Grantee and the County, the Grantee shall cause the Construction
Contractor and related professionals to procure and maintain insurance
against claims for injuries to persons or damages to property which may j
arise from, or in connection with the activities related to this Franchise.
[?] The cost of such insurance shall be paid by the Grantee and/or any of
the Grantee's contractor/subcontractors. The Grantee shall maintain
limits no less than the following:
1. Commercial General Liability: $5,000.00 combined single limit per
occurrence for bodily injury, personal injury and property damage
and$5,000,00 in the aggregate.
I
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Professional Liability, Errors & Omissions: $1.000.000, Per Claim
and in the Aggregate.
4. Workers Compensation: Statutory requirements of the State of
residency.
5. Stop Gap or Employers Liability Coverage: $1,000,000.
F. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and
approved by, the County. The deductible and/or self-insured retention of
the policies shall not apply to the Grantee's liability to the County and
shall be the sole responsibility of the Grantee.
G. Other Insurance Provisions
The insurance policies required in this Franchise are to contain, or be
endorsed to contain, the following provisions:
13
Sewer Franchise
CITY OF KENT
DATED:
50
1. All Liability Policies except Professional and Workers
Compensation.
a. The County, its officers, officials, employees, and agents are to
be covered as additional insureds as respects liability arising
out of activities performed by or on behalf of the
Grantee/contractor in connection with this Franchise. Grantee
and the County shall be named as additional insureds on all
liability policies except Workers Compensation and
professional Liability. Such coverage shall include Products-
Completed Operations.
b. To the extent of the Grantee's/contractor's negligence, the
Grantee's/contractor's insurance coverage shall be primary
insurance as respects the County, its officers, officials,
employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officers, officials, employees, or
agents shall not contribute with the Grantee's insurance or
benefit the Grantee in any way.
C. The Grantee's insurance shall apply separately to each insured
against whom claim is made and/or lawsuit is brought, except
with respect to the limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except by the reduction of the applicable
aggregate limit by claims paid, until after 45 days prior written
notice has been given to the County. In the event of said cancellation
or intent not to renew, the Grantee shall obtain and furnish to the
County evidence of replacement insurance policies meeting the
requirements of this Section by the cancellation date. Failure to
provide proof of insurance could result in a "stop work order' being
issued, as specified in Section 19 of this Franchise or the suspension
or termination of the Franchise.
H. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with
insurers with an A.M. Bests' financial strength rating of no less than A:
VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII.
14
Sewer Franchise
CITY OF I ENT
DATED:
51
i
Professional Liability, Errors, and Omissions insurance may be placed
with insurers with an A.M. Bests' financial strength rating of B+VII. Any
exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above
requirements, the Grantee shall, upon notice to that effect from the j
County, promptly obtain a new policy, and shall submit the same to the
County, with appropriate certificates and endorsements, for approval.
I. Verification of Coverage
The Grantee shall furnish the County with certificates of insurance and
endorsements required by this Franchise. The certificates and
endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements for each insurance policy are to be on forms approved
by the County prior to the commencement of activities associated with the
Franchise. The County reserves the right to require complete, certified
copies of all required insurance policies at any time.
J. Subcontractors
The Grantee shall include all subcontractors as insureds under its policies
or shall require separate certificates of insurance and policy endorsements
from each subcontractor. If the Grantee is relying on the insurance
coverages provided by subcontractors as evidence of compliance with the
insurance requirements of this Franchise, then such requirements and
documentation shall be subject to all of the requirements stated herein.
K. Insurance Review
In consideration of the duration of this Agreement, the parties agree that
the Insurance section herein, at the discretion of the County Risk
Manager, may be reviewed and adjusted with each amendment and within
ninety (90) days of the end of the first five (5) year period of the
Agreement and the end of each successive five (5) year period thereafter.
Any adjustments made as determined by the County Risk Manager, shall
be in accordance with reasonably prudent risk management practices and
insurance industry standards and shall be effective on the first day of each
successive five (5) year period.
Adjustment, if any, in insurance premium's) shall be the responsibility of
the Grantee. Any failure by the County to exercise the right to review and
adjust at any of the aforementioned timings shall not constitute a waiver
of future review and adjustment timings.
15
Sewer Franchise
CITY OF KENT
DATED;
52
13. CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
The Grantee shall cause each and every Contractor performing work under the
Franchise to execute and deliver to the Grantee a performance and payment bond
for 100% of the construction price of the project the Contractor is performing, on
a form acceptable to the Grantee with an approved surety company and
incompliance with Chapter 39.08 RCW. Contractor shall notify surety of any
changes in the work.
14. HAZARDOUS MATERIALS AND ENVIRONMENTAL COMPLIANCE.
A. Definition. "Hazardous Materials" as used herein shall mean:
1. Any toxic substances or waste, sewage, petroleum products,
radioactive substances, medical, heavy metals, corrosive, noxious,
acidic, bacteriological or disease-producing substances; or
2. Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as now
existing or hereafter amended (RCW Ch. 70.105); or
b. Resource Conservation and Recovery Act as now existing
or hereafter amended(42 U.S.C. Sec. 6901 et seq.); or
3. Any hazardous substance as defined in:
a. Comprehensive Environmental Response, Compensation
and Liability Act of 1980 as now existing or hereafter
amended (42 U.S.C. Sec. 9601 et seq.); or
b. Washington Model Toxics Control Act as now existing or
hereafter amended (RCW Ch. 70.105D); or
4. Any pollutants, contaminants, or substances posing a danger or
threat to public health, safety or welfare, or the environment,
which are regulated or controlled as such by any applicable
federal, state or local laws, ordinances or regulations as now
existing or hereafter amended.
B. Grantee shall not without first obtaining King County's prior written
approval, use, generate, release, handle, spill, store, treat, deposit,
transport, or dispose of any Hazardous Materials in, on, or about the
Francbise Area.
16
Sewer Franchise
CITY OF DENT
DATED:
53
C. Environmental Compliance.
1, Grantee shall, at Grantee's own expense, comply with all federal,
state and local laws, ordinances and regulations now or hereafter
affecting the Franchise Area, Grantee's business, or any activity or
condition on or about the Franchise Area, including, without
limitation, all laws, ordinances and regulations related to
Hazardous Materials mid all other environmental laws, ordinances
and regulations, and any other laws relating to the improvements
on the Franchise Area, soil and groundwater, storm water
discharges, or the air in and around the Franchise Area, as well as
such rules as may be formulated by King County, including the
conditions required in any permits issued by the County for project
and critical areas protection under the Growth Management Act
("the Laws"). Grantee warrants that its business and all activities
to be conducted or performed in, on, or about the Franchise Area
shall comply with all of the Laws. Grantee agrees to change,
reduce, or stop any non-complying activity, or install necessary
equipment, safety devices, pollution control systems, or other
installations may be necessary at any tirne during the Franchise to
comply with the Laws.
2. Grantee shall not cause or permit to occur any violation of the
Laws on, under, or about the Franchise Area, or arising frorn
Grantee's use or occupancy of the Franchise Area, including, but
not limited to, soil and ground water conditions.
3. Grantee shall promptly provide all information regarding any
activity of Grantee related to Hazardous Materials on or about the
Franchise Area that is requested by Ding County. If Grantee fails
to fulfill any duty imposed under this paragraph within a
reasonable time, King County may do so; and in such case,
Grantee shall cooperate with King County in order to prepare all
documents King County deems necessary or appropriate to
determine the applicability of the Laws to the Franchise Area and
Grantee's use thereof, and for compliance therewith, and Grantee
shall execute all documents promptly upon King County's request.
No such action by King County and no attempt made by King
County to mitigate damages shall constitute a waiver of any of
Grantee's obligations under this paragraph.
4. Grantee shall, at Grantee's own expense, make all submissions to,
provide all information required by, and comply with all
requirements of all governmental authorities ("the Authorities")
under the Laws.
17
Sewer Franchise
CITY OF KENT
DATED:
54
5. Should any Authority demand that a cleanup plan be prepared and
that a cleanup be undertaken because of any deposit, spill,
discharge or other release of Hazardous Materials that occurs
during the term of this Franchise at or from the Franchise Area, or
which arises at any time from Grantee's use of occupancy of the
Franchise Area, then Grantee shall, at Grantee's own expense,
prepare and submit the required plans and all related bonds and
other financial assurances to the County for approval; and Grantee
shall carry out all such cleanup plans. Any such plans and cleanup
are subject to King County's prior written approval. Any
mitigation associated with the cleanup solely shall be at the
Grantee's own expense.
D. Indemnification.
1. Grantee shall be (ally and completely liable to King County for
any and all cleanup and/or mitigation costs, acid any and all other
charges, fees, penalties (civil and criminal) imposed by any
Authority with respect to Grantee's use, disposal, transportation,
generation, release, handling, spillage, storage, treatment, deposit
and/or sale of Fazardous Materials in or about the Franchise Area,
or common areas. Grantee shall indemnify, defend and save King
County harmless from any and all of the costs, fees,penalties, and
charges assessed against or imposed upon King County (as well as
King County's attorney's fees and costs) by any Authority as a
result of Grantee's use, disposal, transportation, generation,
release, handling, spillage, storage, treatment, deposit and/or sale
of Hazardous Materials, or from Grantee's failure to provide all
information, make all submissions, and take all steps required by
all Authorities render the Laws.
2. Grantee shall indemnify and hold King County harmless from any
and all claims, liabilities, lawsuits, damages, and expenses,
including reasonable attorney's fees, for bodily injury or death,
property damage, loss, or costs caused by or arising from the use,
disposal, transportation, generation, release, handling, spillage,
storage, treatment, deposit and/or sale of Hazardous Materials by
Grantee or any of its agents, representatives or employees in, on,
or about the Franchise Area occurring during the term of the this
Franchise.
E. Reporting Requirements. Grantee shall comply with the Laws requiring
the submission, reporting, or filing of information concerning Hazardous
Materials with the Authorities, and shall provide to King County a full
copy of any such filing or report as submitted within 15 days of such
submission.
18
Sewer Franchise
CITY OF KENT
DATED:
55
F. Right to Check on Grantee's Environmental Compliance. King County
expressly reserves the right, and Grantee shall fully cooperate in allowing,
from time to time, such examinations, tests, inspections, and reviews of
the premises as King County, in its sole and absolute discretion, shall
determine to be advisable in order to evaluate any potential environmental
problems or violations.
G. Remedies. Upon Grantee's Default under this Section 14 HAZARDOUS
MATERIALS AND ENVIRONMENTAL COMPLIANCE, King County
shall be entitled to the following rights and remedies in addition to any
other rights and remedies that may be available to the County:
L At King County's option, to terminate this Franchise immediately;
and/or,
2. At King County's option, to perform such response, remediation
and/or cleanup as is required to bring the Franchise Area and any
other areas of King County property affected by Grantee's Default
into compliance with the Laws and to recover from Grantee all of
the County's costs in connection therewith; and/or
3. To recover from Grantee any and all damages associated with the
Default, including but not limited to, response, remediation,
replacement and cleanup costs and charges, civil and criminal
penalties and fees, adverse impacts on marketing the Franchise
Area or any other adjacent areas of King County property, loss of
business and sales by King County and other King County
Grantees, but only to the extent of King County liability to such
grantees, diminution of value of the Franchise Area and/or other
adjacent areas owned by King County, the loss of or restriction of
useful space in the Franchise Area and/or other adjacent areas
owned by King County, any and all damages and claims asserted
by third parties, and King County's attorney's fees and costs.
H. Remediation on Termination of Franchise. Upon the expiration or earlier
termination of this Franchise. Grantee shall remove, remediate or clean up
any Hazardous Materials on, or emanating from, the Franchise Area,
Grantee shall undertake whatever other action may be necessary to bring
the Franchise Area into full compliance with the Laws ("Termination
Cleanup"). The process for such Termination Cleanup is subject to King
County's prior written approval. If Grantee fails or refuses to commence
the Termination Cleanup process, or fails to reasonably proceed toward
completion of such process, King County may elect to perform such
Termination Cleanup after providing Grantee with written notice of the
County's intent to commence Termination Cleanup, and after providing
19
Sewer Franchise
CITY OF KENT
DATED: '..
56
Grantee a reasonable opportunity, which shall be not less than ninety (90)
days after such notice (unless Ding County is given notice by a
government agency with jurisdiction over such matter that Termination
Cleanup must commence within a shorter time, in which case King
County shall give (irarrtee notice of such shorter time), to commence or
resume the Termination Cleanup process. If King County performs such
Termination Cleanup after said notice and Grantee's failure to perform
same, Grantee shall pay all of King County's costs.
L Survival. Grantee's obligations and liabilities under this Section 14,
IIAZARDOUS MATERIALS AND ENVIRONMENTAL
COMPLIANCE, shall survive the expiration of this Franchise.
15. LIENS
Grantee shall inform each mechanic, artisan, materialman and other contractor
related to this Franchise that the County Roads Right-of-Way and other Public
property is not subject to attachment for liens related to the Franchise. In the
event that any County property becomes subject to any claims for mechanics',
artisans', or materialmen's liens, or other encumbrances chargeable to or through
Grantee which Grantee does not contest in good faith, Grantee shall promptly,
and in any event within 30 days, cause such lien claim or encumbrance to be
discharged or released of record (by payment, posting of bond, court deposit, or
other means), without cost to the County, and shall indemnify the County against
all costs and expenses (including attorneys' fees) incurred in discharging and
releasing such claim of lien or encumbrance. If any such claim or encumbrance
is not so discharged and released, the County may pay or secure the release or
discharge thereof at the expense of Grantee after first giving Grantee
five business days' advance notice of its intention to do so. The County may
charge such expenses against any performance bond, security fund or letter of j
credit. Nothing herein shall preclude Grantee's or the County's contest of a claim
for lien or other encumbrance chargeable to or through Grantee or the County, or
of a contract or action upon which the same arose.
16. FRANCHISE FEE AND COSTS
A. Utility Tax.
King County specifically reserves for itself the right to impose a Utility tax on
the Grantee if such taxing authority is granted by State of Washington.
B. Franchise Fees.
The County reserves the right to exercise authority it has or may acquire in
the future to charge a reasonable franchise fee and secure and receive fah
market compensation for the use of its property, pursuant to an ordinance. If
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Kin Count elects to exercise such authority, the fair market compensation
g Y Y� p
requirement for Grantee shall be established by ordinance not less than one
hundred eighty (180) days after written notice ("Compensation Notice") is
delivered to the Grantee, said Compensation Notice identifying with
specificity the definition, terms and/or formula to be used in determining such
fair market compensation.
In the event Grantee for any reason finds the amount of payment established
by the County as a franchise fee or fair market compensation to be
unacceptable, Grantee has the option at any time after the establishment of
such payment amount to provide the County with three years written notice to
terminate the Franchise and to withdraw from the Franchise Area at the
conclusion of the notice period.
C. Reimbursement of Actual Costs of Issuance, Renewal, Amendment and
Administration.
Grantee shall reimburse the County for the County's actual costs relating to
the issuance,renewal, amendment(if requested by or for the benefit of the
Grantee) and administration of this Franchise.
D. Reimbursement of Actual Costs of Design Review and Inspection.
County review and inspections, as provided for in this Franchise, are for the
sole purpose of protecting the County's lights as the owner or manager of the
County Roads Rights-of-Way and are separate and distinct from the
approvals and inspections and fees that may be required pursuant to a
right-of-way construction permit. Therefore, Grantee shall reimburse to the
County, its actual costs of review and inspections, to the extent that such costs
are not included in the costs for issuance of and compliance with the right-of-
way construction permit. Review and inspection, by way of example and not
limitation, include review of design documents and inspection for compliance
with Standards and 100% Design Documents.
E. Reimbursement of Actual Costs of altering County Roads Rights-of-Way.
Grantee shall reimburse the County of the actual costs incurred by the County
in planning, designing, constructing, installing, repairing, relocating or
altering any County infrastructure, structure, or facility as the result of the
actual or proposed presence in the County Roads Right-of-Way of Grantee's
Facilities. Such costs and expenses shall include, but not be limited to, the
costs of County personnel and contractors utilized to oversee or engage in any
work in the County Roads Rights-of-Way as the result of the presence of
Grantee's Facilities in the County Roads Rights-of-Way, and any time spent
reviewing construction plans in order to either accomplish the relocation of
Grantee's Facilities or the routing or rerouting of any public Utilities or
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County Roads Rights-of-Way so as not to interfere with Grantee's Facilities.
Upon request, as a condition of payment by Grantee, all billing wilt be
itemized so as to specifically identify the costs and expenses for each project
for which the County claims reimbursement. A reasonable charge for the
actual cost incurred in preparing the billing may also be included in said
billing.
F. Grantee Responsibility for Costs.
Except as expressly provided otherwise in this Franchise, any act that
Grantee, its contractors or subcontractors are required to perform under this
Franchise shall be performed at their sole cost and expense.
G. Grantee Work Performed by the County.
Any work performed by the County that Grantee has failed to perform as
required pursuant to this Franchise and which is performed by the County in
accordance with the terms of this Franchise, shall be performed at the cost
and expense of the Grantee. Grantee shall be obligated to pay to the County
the actual costs of performing such work, including overhead costs at the
standard rate charged by the County.
17. 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 darnages or loss to the Grantee by
reason of such vacation. King County may, after giving one hundred eighty (180) days
written notice to the Grantee, terminate this Franchise with respect to any County road
rights-of-way vacated. Upon receiving the notice the Grantee will use its best efforts to
secure a continuing easement or remove its Facilities from the proposed vacation area.
Alternatively, if the Grantee is unable to secure an easement or remove its Facilities and
so notifies King County, the King County Council will in its vacation proceedings
reserve an easement for the Grantee.
18. REPAIR. REMOVAL OR RELOCATION
The Grantee hereby covenants, at its own expense, to keep its Facilities covered by this
Franchise in good repair and working order so that the presence of such Facilities in the
County Road Rights-of-Way shall not cause damage to property, the roadway, county
property, the Facilities or appurtenances of other Utilities, or the environment, cause
injury to persons, or otherwise impair the public's right to travel on or otherwise use the
roadway. All pipeline Construction, Maintenance or Operation undertaken by Grantee,
upon Grantee's direction or on Grantee's behalf shall be completed in a workmanlike
manner.
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Facilities installed by Grantee within County Road Rights-of'Way shall remain the sole
responsibility of Grantee until the Facilities are removed and roadway restored to current
Road Standards.
The Grantee hereby covenants, as its sole responsibility and at its own expense, to adjust,
repair, remove or relocate its Facilities including all appurtenant facilities and service
lines connecting its system to users, within King County Road Rights-of-Way if such
repair, removal or relocation is required by King County for any reasonable purpose
including but not limited to,the need to allow for an improvement or alteration planned by
King County in such road right-of-way. The Grantee shall correct or repair, at its own
expense, any defective work or damage to property associated with the repair, removal,
or relocation of its facilities for any reason.
The County shall give the Grantee written notice of such requirement as soon as practicable,
at the beginning of the pre-design stage for projects that are part of the County's capital
improvement program, including such available information as is reasonably necessary for
the Grantee to plan for such adjustment,removal or relocation. For projects that are not part
of King County's capital improvement program that are deemed as maintenance,
emergencies or urgent construction by King County, King County shall give the Grantee as
much notice and information as is practical under the circumstances.
For projects that are part of the County's capital improvement program, in addition to any
other notice given to the Grantee, the County shall provide a vertical and horizontal
profile of the roadway and drainage Facilities within it, both existing and as proposed by
the County, and the proposed construction schedule. Notwithstanding any permit
conditions that may later be applied to the County project, this initial design information
shall be given at least 180 days before constriction is scheduled to begin, except in cases
of urgent construction or emergencies. The Grantee shall respond to this notice, and to
any later notices of revised designs based on permit conditions, within no more than
thirty (30) days by providing to the County the best available information as to the
location of all of the Grantee's Facilities, including all appurtenant facilities and service
lines connecting its system to users and all facilities that it has abandoned, within the
area proposed for the public works project.
For joint construction contracts only, the County may offer the Grantee the opportunity
to participate in the preparation of bid documents for the selection of a contractor to
perform the public works project as well as all required adjustments, removals or
relocations of the Grantee's Facilities. Such bid documents shall provide for an
appropriate cost allocation between the parties. The County shall have sole authority to
choose the contractor to perform such work. The Grantee and the County may negotiate
an agreement for the Grantee to pay the County for its allocation of costs, but neither
party shall be bound to enter into such an agreement. Under such an agreement, in
addition to the Grantee's allocation of contractor's costs, the Grantee shall reimburse the
County for costs, such as design, construction and contract management, inspections or
soils testing, related to the Grantee's work and reasonably incurred by the County in the
administration of such joint construction contracts. Such costs shall be calculated as the
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direct salary cost of the time of County professional and technical personnel spent
productively engaged in such work, plus overhead costs at the standard rate charged by
the county on other similar projects, including joint projects with other County agencies.
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19. REQUIREMENT OF CONSTRUCTION PERMITS
A. The Grantee, its successors or assigns, has the right, privilege, and
authority to enter the County road rights-of-way for the Purpose of
Constructing, Operating, Maintaining,repairing, relocating,removing or
replacing its sewer Facilities on the condition that it obtains permits
approved by the Director and King County Real Estate Services and,
when applicable, by the Department of Development and Environmental
Services. Applications for County Right-of-Way construction permits
shall be presented to King County Real Estate Services along with
required detailed design and construction plans and documents, studies
and reports. The design and construction must address the following
items to the satisfaction of the County: compliance with applicable
federal, state, and local regulations and guidelines; consistency with
current, approved sewer system plans, traffic impacts, haul routes,
structural integrity and appearance of roadways, drainage structures,
bridges or other structures; ease of future road maintenance and
appearance of roadway; impact upon compatibility with other facilities
located within the public rights-of-way or future County improvements or
future Utility installations within the rights-of-way. In an emergency, the
Grantee may immediately commence the necessary work and shall apply
the next business day for a construction permit. In such event Grantee
must take all necessary and prudent steps to protect, support, and keep
safe from harm its pipeline(s) and/or Facilities, or any part thereof;
Grantor's property; or other persons or property, and to protect the public
health and safety.
All construction and other work shall be completed to the satisfaction of
the Director. The Director or the Director's designee may condition the
issuance of a County Right-of-Way construction permit or any other
permit or approval that is required under this Franchise, as follows:
l. The Grantor may impose any condition reasonably necessary for
the safe use and management of the public right-of-way or the
Grantor's property including, by way of example and not
limitation, maintaining proper distance from other utilities,
protecting the continuity of non-motorized and vehicular traffic
and protecting any rights-of-way improvements, private facilities
and public safety. The Grantee will be responsible for any special
studies and mitigation that is necessary to support the pennit
request.
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2. The Grantor may require completion of the permitted Construction
or other activity within a reasonable time as required in the permit.
If the Grantee shall fail to complete Construction or other
permitted activity to the satisfaction of the Grantor within the
permitted time, the Grantee will be subject to the provisions of
Section 36,
3. The Grantor may condition the granting of a County Right-of-Way
construction permit or any other permit or approval upon the
mitigation of the adverse affects of the Grantee's activities
undertaken in connection with the Franchise. These conditions
may address adverse impacts upon, without limitation, the
environment, pedestrian and vehicular traffic, businesses, and
residents.
4. Grantee shall be required to continuously be a member of the State
of Washington one number locator service under RC W 19.122, or
an approved equivalent, and shall comply with all such applicable
rules and regulations. Grantee shall provide reasonable notice to
the County prior to commencing any Maintenance or Construction
under this Franchise and additionally to those owners or other
persons in control of property in the Franchise Area when the
Maintenance or Construction will affect access or otherwise
impact the property.
B. All equipment, facilities and appurtenances which are used in the
Operation, Maintenance, 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 Operations system and shall be the
responsibility of the Grantee. All permits for the construction, operation,
maintenance, repair, relocate, removal and replacement 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, at no expense to the County, assume the following
obligations with respect to Grantee's Facilities and to facilities connected
to its system that are within County road rights-of-way and which it does
not own, including appurtenant facilities.
1. The Grantee shall apply for a County Right-of-Way construction
permit for any repairs or upgrades required for such Facilities. All
work to be performed in the County Right-of-Way shall comply
with all conditions of the County permit and all applicable County
requirements.
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2. In the event that the County or Grantee determines emergency
repair of such Facilities are necessary to halt or prevent significant
damage to County road rights-of-way or significant threats to the
health, safety and welfare of the public, the Grantee shall take
prompt remedial action to correct the emergency to the County's
approval, which the County shall not unreasonably withhold.
3. Except in the event of an emergency, Grantee shall provide
Grantor at least ten (10) calendar days written notice prior to any
Construction and/or Maintenance, or other substantial activity,
other than routine inspections and Maintenance, by Grantee, its
agents, employees or contractors on Facilities within the Franchise
Area.
4. When the County or its contractor provides notice to the Grantee,
pursuant to RCW 19.122, of its intent to excavate within County
road rights-of-way, the Grantee shall provide to the County or the
County's contractor the best information available from the
Grantee's records or, from the use of locating equipment as to the
location of such Facilities, including surface markings where these
would reasonably be of use in the excavation. If the Grantee fails
to make good faith efforts to provide the above information within
the deadlines provided by RCW 19.122, the Grantee shall hold the
County harmless for all reasonable costs, and damages to such
Facilities if such damage occurs as a result of the failure to provide
such information. Nothing in this subsection is intended or shall
be construed to create any rights in any third party or to form the
basis for any obligation or liability on the part of the County or the
Grantee toward any third party, nor is anything in this subsection
intended to be construed to alter the rights and responsibilities of
the parties under RCW 19.122, as amended.
5. Upon acceptance of this Franchise by Grantee, the Grantee shall
file and thereafter maintain at all times with the Grantor a survey
depicting the approximate location of Grantee's Facilities within
the Franchise Area along with all other known Utilities,
landmarks, and physical features.
6. Grantee shall also provide detailed as-built design drawings
showing Grantee's Facilities in the Road Rights-of-Way, other
service appurtenances and Facilities within the Franchise area.
Within thirty (30) days of completing any Maintenance or
Construction, or any other substantial activity within the Franchise
area, the Grantee shall provide updated and corrected as-built
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drawings and a survey showing the location, depth and other
characteristics of the Facilities within the Franchise Area.
7. Grantee shall be solely and completely responsible for workplace
safety and safe working practices on its job sites within the
Franchise Area, including safety of all persons and property during
the performance of any work.
8. When Grantee does any work in the rights-of-way that affects,
disturbs, alters, or damages any adjacent private property,the
Grantee shall, at its own expense,restore such private property to
the satisfaction of the private property owner.
9. On notice from the County that any work does not comply with this
Franchise, approved permits, approved engineering plans and
studies, applicable local, state and federal guidelines, standards
and regulations, or work is being performed in an unsafe or
dangerous manner as reasonably determined by the County,the non-
compliant work may immediately be stopped by the County. The
"stop work order" shall be, in writing; given to the person
performing the work mid be posted on the work site; indicate the
nature of the alleged violation or unsafe condition; and establish
conditions under which work may be resumed. If so ordered,
Grantee shall cease and shall cause its contractors and
subcontractors to cease such activity until the County is satisfied
that the violation has been addressed. The County has the right to
inspect,repair, and correct the unsafe condition if the Grantee fails to
do so in a timely manner, and to reasonably charge the Grantee
therefore.
20. NOTIFICATION OF WORK
I
The Grantee shall give notice of intent to commence work within the right-or--way in the
manner and to the persons as is required for notice Linder KCC 20.20.060(G)(1), and as
set forth in the permit issued 'for such work and the applicable provisions of Title 14 of
the King County Code,
21. PF,RFORMANCF OF WORK
The Grantee covenants that in consideration 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 applicable County, state and federal requirements including, but not
limited to, the current edition of the County Road Standards, the King County
Regulations for Accommodations of Utilities on County Road Rights-of-Way and the
Washington State Specifications for Road, Bridge and Municipal Construction in force
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when the work is performed. 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.
Grantee shall remain solely and separately liable for the Construction, Operation,
function, testing, Maintenance, relocation, removal, replacement and/or repair of the
Facilities or other activities permitted under this Franchise.
Nothing in this Franchise shall be deemed to impose any duty or obligation upon Grantor
to determine the adequacy or sufficiency of Grantee's plans and designs or to ascertain
whether Grantee's proposed or actual construction, testing, maintenance, repairs,
relocation, replacement or removal is adequate or sufficient or in conformance with the
plans and specifications reviewed by Grantor.
22, RESTORATION OF COUNTY ROAD RIGIITS-OF-WAY {
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After work on, under or adjacent to County road rights-of way, the Grantee is
responsible for and shall leave all County Road Rights-of-Way and other Public
Properties in as good a condition as they were in before any work was done. This
includes removal of all debris, paving, patching, grading and any other reasonably
necessary preparation, repair or restoration to the County road rights-of-way. The
restoration shall be done in accordance with the King County Road Design and
Construction Standards.
In the event that the Grantee, its contractors, or third parties working on behalf of the
Grantee under permit shall 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 Cotnty road rights-of-way to its pre-work condition. Upon presentation of an
itemized bill for repairs or restorations, including the costs of labor and equipment, the
Grantee shall 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, disbursements, and attorney's fees and litigation related
costs incurred.
23. OPERATIONS MAINTENANCE INSPECTION TESTING
Grantee shall Operate, Maintain, inspect and test its Facilities and County property in the
Franchise Area utilizing best management practices in full compliance with the
applicable provisions of all federal, state and local laws, regulations and standards, as
now enacted or hereafter amended, and any other fixture laws or regulations that are
applicable to Grantee's pipeline(s) and Facilities,products and business Operations.
24. EMERGENCY ABATEMENT OF DANGEROUS CONDITIONS
In the event that the County Road Engineer determines that Construction or Operation of
the Facilities has caused or contributed to a condition that threatens substantial damage
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to the County Road Right-oFWay, or endangers the health, safety and welfare of the
public, any utilities, or other public property, the County may reasonably require the
Grantee to take action to abate the condition, including immediate action or action within
a prescribed time under Section 18, herein. In the event that the Grantee fails or refuses
to promptly take the actions directed by the County, or fails to fully comply with such
directions, or if Emergency conditions exist which require immediate action, the County
may take prompt remedial actions as are necessary to abate the conditions and correct the
emergency. 'the Grantee shall be responsible for all costs of the County's abatement
actions and those costs may be charged against the security established under Section 15.
25. BLASTING REQUIREMENTS
I
The rights to Operate, Maintain, repair and Construct Grantee's Facilities granted by this
Franchise does not preclude King County, its agents or contractors from blasting, grading
or doing other road work affecting the Grantee's Facilities. Except in the case of an
emergency, the Grantee will be given ten (10) business days written notice of any
blasting so that the Grantee may protect its Facilities. If the Grantee notifies the County
within twenty (20) business days that the Facilities will have to be relocated to protect
them from blasting, the County will defer the blasting for up to one (1) year from the
date of the original notice. In no event will the Grantee be given less than two (2)
business days written notice of any blasting, unless unforeseen natural disaster that
would warrant immediate action. Notification of any excavation shall be provided
through the One-Call System as provided by RCW 19.122, as hereinafter amended.
26. SURVEY MARKERS AND MONUMENTS
It shall be the responsibility of the Grantee performing any construction work in the
County road rights-of-way to restore any survey marker, reference, hubs, or monuments
that were disturbed or destroyed during Grantee's work in the areas covered by this
Franchise in accordance with RCW 58.09.130 and WAC 332-120, and as hereinafter
amended. Such restoration shall be done in a manner consistent with applicable codes
and laws, ender the supervision of the Grantor.
27. LEAKS, RUPTURES AND EMERGENCY RESPONSE
Grantee shall have in place, at all times during the term of this Franchise, a system for
monitoring safety and service delivery across the Franchise Area. During the term of this
Franchise, Grantee shall have a written emergency response plan and procedure which
shall be provided to the Grantor.
Grantee's emergency plans and procedures shall designate Grantee's local emergency
response officials and a direct 24-hour emergency contact number. Grantee shall, after
being notified of an emergency, cooperate with the Grantor and make every effort to
respond as soon as possible to protect the public's health, safety and welfare. Grantees
emergency plans shall also designate communication procedures for contacting local
emergency response officials from fire, police, school, and health agencies.
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Grantee shall be solely responsible for all necessary costs incurred in responding to any
leaks or ruptures from Grantee's pipeline(s) and/or Facilities.
If requested by Grantor in writing, Grantee shall provide a written summary concerning
any event within thirty (30) days of the event, including, but not limited to, the date,
time, amount, location, response, remediation and other agencies Grantee has notified.
The Grantor may demand that any event be investigated by an independent consultant
selected by the Grantor, and shall allow such consultants access to all Grantee Facilities
for purposes of the investigation upon written request of the County. Grantee shall be
solely responsible for paying all of the consultant's costs and expenses incurred in
investigating the occurrence and reporting the findings. Grantee shall meet and confer
with the independent consultant following the consultant's investigation to address
whether any modifications or additions to Grantee's pipeline(s) and/or Facilities may be
warranted.
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28. REMOVAL, ABANDONMENT IN PLACE
In the event of Grantee's Abandonment of use of its Facilities, or any portion thereof,
within the Franchise Area, for a period of 1 year for causes not amounting to force
majcurc_with no inrrnediate intent to resume use, the Grantee shall inform the County in
writing. Grantee shall, after notice from the County that the Facilities must be removed,
within one hundred and eighty days (180) or such other reasonable period specified by
the County after the cessation of use,remove the Facilities or any portion thereof.
In the event of the removal of all or a portion of the Facilities, Grantee shall restore the
Franchise Area to as good or better condition as it was in before the work began.
Removal and restoration work shall be done at Grantee's sole cost and expense and to
Grantor's reasonable satisfaction. Grantee shall be responsible for any environmental
review required for the removal of any Facility and the payment of any costs of the
environmental review.
If Grantee is required to remove its Facilities and fails to do so and/or fails to adequately
restore the Franchise Area or other mutually agreed upon action(s), Grantor may, after
reasonable notice to Grantee, remove the Facilities, restore the Franchise Area and/or
take other action as is reasonably necessary at Grantee's expense. This remedy shall not
be deemed to be exclusive and shall not prevent the County from seeking a judicial order
directing that the Facilities be removed.
With the express written consent of the Grantor, the Grantee, as directed by Grantor, may
abandon its Facilities in place. Grantee shall be responsible for any envirommental review
required for the Abandonment of Facilities and the payment of ally costs of such
environmental review: Grantor's consent to the Abandonment of Facilities in place shall
not relieve the Grantee of the obligation and/or costs to remove or to alter such Facilities
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in the future in the event it is reasonably determined that removal or alterations is
necessary or advisable for the health and safety of the public, in which case the Grantee
shall perform such work at no cost to the Grantor. This paragraph shall survive the
expiration, revocation or termination of this Franchise.
29. ASSIGNMENT AND WITHDRAWAL
The Grantee shall not have the right to assign this Franchise to third parties without the
consent of the King County Council given by Ordinance. 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 any surety bonds which
the Council deems necessary to be posted are received. Council approval of the
assigmnent may be made subject to the assignee's acceptance of new or modified terms
of the Franchise.
30, EXPIRATION AND RENEWAL
All rights granted by this Franchise to County road rights-of-way outside incorporated
towns and cities apply only to the existing County road rights-of-way described in
Exhibit A daring the term of this Franchise.
If the Grantee has initiated a renewal of this Franchise two years or more before it
expires, the Council may, at its sole discretion, temporarily extend the term of the
Franchise on a month to month basis for up to two year(s).
If the Grantee has not applied for a renewal of this Franchise two years or more before it
expires, King County has the right to remove, relocate, or decommission its Facilities
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 right-of-way, or facilities of other Franchise holders. Grantee shall be liable
for the costs incurred in any removal, relocation, or decommissioning of its Facilities and
appurtenances under this section. Costs include the expense of labor and equipment.
If the Grantee has not initiated a renewal of this Franchise two years or more before it
expires, the County may, at its sole discretion, discontinue issuing permits for the
Construction and installation of new Facilities that would provide additional services or
capacity.
31. CONTINUATION OF CERTAIN OBLIGATIONS
Upon suspension, revocation, expiration, termination, or Abandonment of this Franchise,
the Grantee shall continue to be responsible for the operation and maintenance of
existing Facilities in the County road rights-of-way as ordered by the Comity until
removed, assigned to another Franchised Utility or Abandoned; however, the Grantee
shall not have the right to use the Facilities to provide additional services or construct
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new Facilities. The Grantee shall continue to be responsible for insurance, indemnity
and hold harmless, bonding, hazardous materials and environmental compliance,
Maintenance, inspection, testing, repair, relocation, removal, performance of work,
emergency response and abandonment. King Comity will issue permits required for the
repair and maintenance of the existing Facilities in accordance with K.C.C. 14.44.055 as
amended and Section 19 of this Franchise. This section and other pertinent sections of
this Franchise shall continue in force until such time as the lines are removed from
County road rights-of way, assigned to another Franchised Utility, or abandoned inplace
with the approval of the Director of the Department of Transportation, Road Services
Division.
32. AMENDMENT
This Franchise may be modified at any time as proposed by mutual written agreement of
the parties, provided that such an amendment shall not become effective unless and until
it is approved by County ordinance. King County may also amend the provisions of this
Franchise by ordinance pursuant to its police powers as reasonably necessary for public
health, safety and welfare, or to implement the authorities reserved in Section 16. The
legal description of the Franchise Area may be amended by mutual written agreement of
the parties without adoption of a separate ordinance to include any areas of
unincorporated King Comity established as within in the Franchisee's service area under
Franchisee's sewer system comprehensive plan approved by ordinance.
33. COMPLIANCE WITH LAWS
Grantee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act, King County
environmental standards and ordinances, and King County sewer supply and sewer
service requirements in Title 13 and Chapter 6.27 of the King County code.
34. NON-DISCRIMINATION CLAUSE
In connection with its performance of work under this Franchise, Grantee shall, fully
comply with all applicable equal employment and non-discrimination provisions and
requirements of federal, state, and local laws, Presidential Executive orders and
regulations.
No person shall be denied, or subjected to discrimination in contracting to perform a service
or provide goods made possible by or resulting from this franchise on the grounds of race,
color, age (except minimum age and retirement provisions), gender, marital status, sexual
orientation, religion, ancestry, national origin, disability or the use of a service or assistive
animal by an individual with a disability, unless based upon a bona fide contractual
qualification. During the performance of this franchise, Grantee and any party
subcontracting under the authority of this franchise shall not discriminate or engage in
unfair contacting practices prohibited by KCC 12.17.
32
Sewer Franchise
CITY OF KENT
DATED:
69
No person shall be denied, or subjected to discrimination in employment or in the receipt of
employee benefits of any services or activities made possible by or resulting from this
franchise. During the performance of this franchise, Grantee and any party subcontracting
under the authority of this franchise shall not discriminate or engage in unfair employment
practices prohibited by KCC 12.18.
Any violation of this provision shall be considered a violation of a material provision of
this Franchise and shall be grounds for cancellation, termination or suspension in whole
or in part, of the Franchise by the County and may result in ineligibility for further
County agreements.
35. JUDICIAL REMEDIES
Either party shall be entitled to seek any and all remedies at law, in contract or in equity,
against the other party, in the event of Default or breach of the Franchise, including
without limitation to: 1) compel specific performance by Grantee of its obligations,
restrictions, covenants, representations, or warranties of the Franchise, 2) to restrain by
injunction the actual or threatened commission or attempt of a breach or Default of the
Franchise, and 3) an award of monetary damages resulting from such violation of the
Franchise.
36. FRANCHISE REMEDIES FOR VIOLATION OF CONDITIONS
In addition to the judicial remedies available to the parties, each party shall be entitled to
pursue the alternative remedies set out in this section. These remedies are cumulative
with the judicial remedies and the exercise of one or more of these Franchise remedies
shall not preclude a party from seeking appropriate judicial relief.
if either party fails to observe or perform any of the terms, conditions, obligations,
restrictions, covenants, representations or warranties of the Franchise, including Exhibit
B and the conditions in the ordinance approving this Franchise, referenced in the "Grant
of Franchise" on page 3, or if the Grantee abandons the Franchise, and if such
noncompliance is not cured as provided herein, then such noncompliance shall be
considered an event of Default and the following shall apply:
A. Opportunity to cure. Either party shall give the other party written notice
of any Default, stating with reasonable specificity the events or
circumstances and nature of the Default. The party receiving notice shall
have thirty (30) days or such lesser or greater time as reasonably specified
in the notice to cure the Default. if the party receiving notice fails to cure
the Default or to promptly commence and diligently pursue a cure to the
reasonable satisfaction of the party giving notice, then the party giving
notice may invoke the alternative Franchise remedies set out in this
section.
33
Sewer Franchise
CITY OF KENT
DATED:
70
B. Revocation of Franchise. Grantor may revoke this Franchise in whole or
in part, but only upon a majority vote of the County Council. King
County shall give reasonable written notice of its intent to revoke this
Franchise. A public hearing shall be scheduled in the manner provided
for applications for a Franchise under RCW 36.55.040; provided that, if
exigent circumstances necessitate expedited revocation, the hearing may
be held as soon as possible after the notice. The decision to revoke this
Franchise will become effective ninety (90) days following the public
hearing if the County, by ordinance, finds either:
1. That the Grantee has not substantially cured the violation or failure
to comply which was the basis of the notice; or
2. That the violation or failure to comply which was the basis of the
notice is incapable of cure; or
3. That the C -antee has repeatedly violated or failed to comply with
any of the material terms, conditions, or responsibilities of the
Franchise, even though the individual violations have been cured;
and
if
4. That the revocation of the Franchise is in the public interest,
C. Suspension of Franchise. The Director may temporarily suspend this
Franchise without a hearing whenever the continued work or operation by
the Grantee would constitute a danger to public health, safety, welfare or
public morals, including, but not limited to where there is a failure to
maintain the minimum levels and standards of liability insurance or
claims reserve or failure to keep in full force and effect any applicable
licenses, bonds, permits required by federal, state or local law or
regulation. The notice of temporary suspension may be personally
delivered to the party named and to the address given in Section 40 of this
Franchise. The notice of temporary suspension shall also be given to the
person doing work and posted at the work site. The notice shall indicate
the nature of the violation or danger to the public. Notwithstanding other
notice and opportunity to cure provisions of this Franchise, the temporary
suspension is effective upon actual notice at the date and time provided in
the notice. The Grantee may invoke the dispute resolution provisions of
Section 38 and seek an opportunity to cure umder Section 36 A., which
shall not be unreasonably denied.
Grantor's failure to exercise a particular remedy at any time shall not waive Grantor's
right to terminate, assess penalties, or assert that or any other remedy at law or equity for
any future breach or Default of Grantee.
37. RECEIVERSHIP AND FORECLOSURE
34
Sewer Franchise
CITY OF KF_NT
DATED:
71
Grantee shall immediately notify the Grantor in writing if it: files a voluntary petition in
bankruptcy or a voluntary petition to effect a plan or other arrangement with creditors;
files an answer admitting the jurisdiction of the Court and the material allegations of an
involuntary petition filed pursuant to the Banlavptey Code, as amended; or is adjudicated
banknup(, makes an assignment for the benefit of creditors, or applies for or consents to
the appointment of any receiver or trustee of all or any part of its property including all
or any parts of its business Operations or Facilities within or affecting the Franchise
Area.
Upon the foreclosure or other judicial sale of all or a substantial part of Grantee's
bush ess Operations, pipeline(s) or Facilities within or affecting the Franchise Area, or
Facilities within or affecting the Franchise Area, or upon the occasion of additional
events which effectively cause termination of Grantee's rights or ability to Operate the
Facilities within or affecting the Franchise Area, Grantee shall notify the Grantor of such
fact, and such notification or the occurrence of such terminating events shall be treated as
a notification that a change in control of the Grantee has taken place, and the provisions
of this Franchise Agreement governing the consent of the Grantor to such change in
control of the Grantee shall apply.
The Grantor shall have the right to cancel this Franchise one hundred twenty (120) days
after the appointment of a receiver or trustee to take over and conduct the business of a
Grantee, whether in receivership, reorganization, bankruptcy, or other action or
proceeding, unless such receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred twenty (120) days, or unless:
A. Within one hundred twenty (120) days after the election or appointment,
such receiver or trustee shall have fully complied with all of the
provisions of this Franchise Agreement and remedied any existing
violations and/or Defaults; and
B. Within said one hundred twenty (120) days, such receiver or trustee shall
have executed an agreement, duly approved by the court having
jurisdiction, whereby such receiver or trustee assumes and agrees to be
bound by each and every provision of (his Franchise Agreement granted
to the Grantee except where expressly prohibited by Washington law.
38. DISPUTE RESOLUTION AND RIGHT OF APPEAL
Decisions, requirements, or approvals of the Director are binding on the parties to this
document. In the event of a dispute between Grantor and Grantee arising by reason of
this Franchise, the dispute shall first be referred to the representatives designated by
Grantor and Grantee to have oversight over the administration of this Franchise. The
officers or representatives shall meet within a reasonable time not longer than thirty (30)
calendar days of either party's request for a meeting, whichever request is first, and the
parties shall make a good faith effort to achieve a resolution of the dispute.
35
Sewer Franchise
CITY OF KENT
DATED:
72
If the parties are unable to resolve the dispute under the procedure set forth in this
section, the parties hereby agree that the matter shall be referred to mediation. The
parties shall mutually agree upon a mediator to assist them in resolving their differences.
Any expenses incidental to mediation shall be borne equally by the parties.
If the parties fail to achieve a resolution of the dispute through mediation, either party
may then pursue any available judicial remedies. Each party shall pay its own legal j
costs and attorney fees incurred in defending or bringing any judicial action, including all
appeals.
39. NOTICES
Any and all notices and other communications required or permitted to be given under
the provisions of this Franchise shall be in writing and shall be deemed to have been duly
given when personally delivered of sent by overnight courier or two (2) days after
deposit in the United States mail if by first class, certified or registered mail, return
receipt requested. All notices shall be addressed to the parties at the addresses set forth
below or at such other addresses as any parties may specify by notice to all other parties
and given as provided herein:
To Grantee: Tim LaPorte
City of Kent Public Works
220 Fourth Ave S
Kent, WA 98032-5895
With a copy to:
To County: King County Real Estate Services
c/o Real Estate Services Manager
Room 830 K.C. Admin. Bldg. (ADM-ES-0830)
500 4th Avenue
Seattle, WA 98104
With a copy to: Doug TVilliarns
In case of an emergency notices may be given by any means of reliable conunnmication
to the persons identified above, or their designee, followed by notice in the manner
provided above, as soon as possible.
40. SEVERANCE
This Franchise 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
36
Sewer Franchise
CITY OF KENT
DATED:
73
its application is determined to be invalid b a court of law, then the remaining
Y g
provisions of this Franchise shall continue and remain valid unless the dominant purpose
of the Franchise would he prevented or the public interest is no longer served. If the
dominant purpose would be prevented or the public interest is no longer being served,
then the parties shall seek to renegotiate the Franchise in good faith, or either party may
invoke the dispute resolution provisions of Section 38.
41. MISCELLANEOUS
Nothing contained in this Franchise shall be construed to create an association, trust,
partnership, agency relationship, or joint venture or to impose a trust, partnership, or
agency duty, obligation or liability on or with regard to any party. Each party shall be
individually and severally liable for its own duties, obligations, and liabilities under this
Franchise.
The parties each represent and warrant that they have full authority to enter into and to
perform this Franchise, that they are not in Default or violation of any permit, license, or
similar requirement necessary to carry out the terms hereof, and that no further approval,
permit, license, certification, or action by a governmental authority is required to execute
and perform this Franchise, except such as may be routinely required and obtained in the
ordinary course of business.
This Franchise Agreement and the attachments hereto represent the entire understanding
and agreement between the parties with respect to the subject matter and it supersedes
any oral negotiations between the parties.
Dated this day of , 20.
JUNG COUNTY,WASHINGION
BY
TITLE
37
Sewer Franchise
CITY OF DENT
DATED:
74
Acceptance of Grantee
The undersigned, certify that I am the
of the Franchisee and am duly certified to accept this Franchise on behalf of the
Franchisee. I accept all the rights, privileges, and duties of this Franchise subject to all
terms, conditions, stipulations, and obligations contained herein, and within Ordinance
unconditionally and without reservation.
GRANTEE
FRANCIIISEE
BY
TITLE
On behalf of the Board of Directors of the Grantee
Dated this day of ,20.
STATE OF
ss.
CITY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that said person
signed this instrument, on oath stated that said person was authorized to execute the
instrument and acknowledged it as the of Grantee, a
to be the free and voluntary act of such association for the
uses and purposes mentioned in the instrument.
Dated this day oP
(Signature of Notary)
Print Name
Notary public in and for the state of
, residing at _.
My appointment expires
38
Sewer Franchise
CITY OF KENT
DATED:
75
EXHIBIT A
LEGAL DESCRIPTION OF FRANCHISE AREA
AREA 1
Those portions of the South half of Section 15 and the North half of Section 22, both in
Township 22 North, Range 4 East, W.M., King County, Washington, described as
follows:
BEGINNING at the Southwest corner of the Northwest quarter of the Northeast quarter
of said Section 22; thence East, along the South line of said subdivision, to the centerline
of SR 516 (AKA SSH No. 5A, AKA Kent-lies Moines Highway);thence Northerly and
westerly, along said centerline, to the west line of the East half of the Southwest quarter
of said Section 15: thence Southerly, along said west line, to the South line of said
Section 15; thence Southerly , along said west line, to the South line of said Section 15;
thence Easterly, along said line, to the North quarter corner of said Section 22; thence
Southerly, along the North-South center of section line of said Section 22,to the POINT f
OF BEGINNING.
TOGETHER with Lots 5 through 10 inclusive, Block 6 and Lot 5, Block 7, in the plat of
Valley Vista as recorded in Vohune 56 of plats,pages 42 and 43;
AND TOGETHER with that portion of 43`d Avenue South lying Northeasterly of the
Northeasterly production of the Northwest line of Lot 5, Block 6, said plat of Valley
Vista;
I
AND TOGETHER with that portion of South 242°d Street lying Easterly of the Southerly
production of the West line of Lot 10 in Block 6, said plat of Valley Vista;
AND TOGETHER with that portion of 41't Avenue South lying Northeasterly of the
Southeasterly production of the Southwest line of Lot 5, Block 7, said plat of Valley
Vista;
EXCEPT the plat of Blecker's Valley View, Volume 60 of plats, page 40, records of said
county;
AND EXCEPT the plat of Valley Vista No. 2 as recorded in Volume 57, page 36,
records of said count};
AND EXCEPT Lots I through 7 inclusive, Block 1, in the plat of Suburban View as
recorded in Volume 50 of plats, pages 92 and 93, records of said county;
AND EXCEPT those parcels lying East of Lots 4 through 7, Block 1, in said plat of
Suburban View, and West of the Enos Cooper Donation Land Claim Number 38,
39
Sewer Franchise
CITY OF KENT
DATED:
76
coimnonly Imown as Tax Lots 111, 114, 116, and 121 in Government Lot 11, said
Section 15.
AREA 2
That portion of Section 25. Township 22 North, Range 4 East, W.M., in King County,
Washington; including any recorded plats and unrecorded plats and any rights of way
lying therein, described as follows: BEGINNING at the inersection of the Southerly
line of existing Kent City limits as established by Ordinance No. 902 and the Easterly
line of existing Kent City limits as established by Ordinance No. 1012, said point being
the TRUE POINT OF BEGINNING of the property herein described: thence Southerly
along said Easterly City limits line to the South line produced Westerly of Lot 1, King
County Short Plat No. 377018, recorded under King Comity Recording No. 7707080793;
thence Easterly along said South line to a point on the Westerly line of existing Kent City
limits as established by Ordinance No. 3462; thence Northerly along said Westerly City
limits line to a point of intersection with the Northerly margin of South 2591h Street and
the Southerly line of existing Kent City limits as established by Ordinance No. 902 and
the Easterly right of way margin of South 3'd Avenue (AKA 78`h Avenue South); thence
Westerly along said Northerly margin of South 259 h Street and the Southerly line of
Kent City limits as establishedby Ordinance No. 902 to the TRUE POINT OF
BEGINNING.
40
Sewer Franchise
CITY OF KF,NT
DATED:
77
EXHIBIT B
MAP OF FRANCHISE. AREA
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9G
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41
Sewer Franchise
CITY OF KENT
DATED:
78
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Sewer Franchise
CITY OF DENT
DATED:
79
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43
Sewer Franchise
CITY OF KFNT
DA'III):
80
EXHIBIT C
SPECIAL TERMS AND CONDITIONS
Sewer Comprehensive Planning- Service limitation.
I
This Franchise and all right-of-way construction permits issued in connection
herewith shall be limited to the use of County Road Rights-of-Way and real
property interests necessary to Construct, Maintain, and Operate Facilities
necessary to serve uses authorized in a comprehensive sewer system plan
approved under Chapter 13,24, K.C.C. Sewer collection or treatment service
may be extended to other customers, provided that such other customers are
identified in a subsequent comprehensive sewer system plan for Grantee
approved by the County under applicable provisions of the King County
Code.
44
Sewer Franchise
CITY OF KENT
DATED: