HomeMy WebLinkAbout3447ORDINANCE NO. 3 y y 7
AN ORDINANCE of the City Council of the City
of Kent, Washington, granting unto King County Water
District No. 111, its successors and assigns, the right,
privilege, authority, and franchise for twenty-five years, to
lay, construct, extend, repair, renew and replace water pipes,
mains, and facilities under, along, and/or across certain
designated streets, avenues, roads, alleys, rights-of-way and
other public places of the City, all in order to operate a
domestic water supply system for the purpose of public sale
and distribution of water to customers within the City.
WHEREAS, both the City and the District are public agencies authorized
by law to engage in furnishing domestic water service, and to that end, the City may,
through the City Council, grant franchises with respect to the rights, powers, duties, and
obligations of the parties regarding the use of public rights-of-way and other public
property, the provision of services, the maintenance and operation of facilities, the right
to promulgate rules and regulations, to levy and collect special assessments, rates,
charges, service charges and connection fees, the performance of contractual obligations
and any other matters arising out of the provision of District service to areas within the
City, all pursuant to and in accordance with RCW Sections 39.34.080, 35.92.010,
35A.47.040, and 57.08.045; and
WHEREAS, the City has determined that the District can more
economically provide water service to that certain area of its corporate limits as described
in Exhibit A; and
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WHEREAS, the District has the ability and desire to provide water service
to this area; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION]. FRANCHISE GRANTED. The City of Kent, Washington
(the "City" herein) hereby grants to King County Water District No. 111 (the "District'
herein), a water district formed under Ch. 57.08 RCW, its successors and assigns, subject
to the terms and conditions set forth hereinafter, a franchise for a period of twenty-five
(25) years, commencing on the effective date of this ordinance. This franchise shall grant
to the District the right and privilege to lay down, construct, relay, connect, replace and/or
maintain such and so many pipes, conduits and mains, and all other appurtenances,
appendages, and facilities thereto, in, along, through, and under the avenues, streets, lanes,
alleys, highways, and other public places and ways in that portion of the Kent City limits
as specifically described in Exhibit A, attached hereto and incorporated herein, as may
be necessary, convenient and/or proper in order to provide water service to the public, and
for that purpose to make any and all connections which may be necessary, convenient
and/or proper.
SECTION 2. AUTHORITY TO MANAGE, REGULATE, AND
CONTROL WATER SYSTEM. After the construction of the water facilities as
contemplated under this franchise, the District shall have the sole responsibility to
maintain, manage, conduct and operate its water system as installed within the area
described in Exhibit A, together with any additions, extensions and betterments thereto.
SECTION 3. AUTHORITY TO FIX SERVICE RATES. The rates
charged to the water service customers within the area described in Exhibit A shall be
fixed, altered, regulated, and controlled solely by the District, pursuant to the limitations
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on such authority as set forth in Ch. 57.08 RCW, or any applicable regulations
promulgated thereafter by the state on the subject of rates and charges for water service.
SECTION 4. NON-EXCLUSIVE GRANT. This grant or privilege
shall not be deemed or held to be exclusive. It shall in no manner prohibit the City from
entering into other agreements or franchises of a like nature or franchises for other public
or private utilities, in, over, along, across, under, and upon any of the streets, avenues,
highways, alleys, or public places, or ways as herein described, and shall in no way
prevent or prohibit the City from using any of said streets, avenues, etc., or affect its
jurisdiction over them or any part of them with full power to make all necessary changes,
relocations, repairs, or maintenance of same as it deems fit.
SECTION 5. APPROVAL OF PLANS. Prior to construction of any of
the pipes, conduits, mains, facilities, and appurtenances in the area described in Section
1 herein, the District shall submit to the Director of Public Works (hereinafter the
"Director") in triplicate, the plans drawn to an accurate scale, showing the exact location,
character, position, dimension, depth, and height of the work to be done. The plans shall
accurately depict the relative position and location of all pipes, conduits, mains,
manholes, facilities, and appurtenances to be constructed, laid, re-laid, installed, replaced,
repaired, connected or disconnected, and the existing street, avenue, alley, highway, right -
or -way or property lines. All streets, avenues, highways, alleys, lanes, or ways denoted
thereon shall be designated by their names and number and the local improvements
therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches,
driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas,
or water pipe lines as may exist on the ground or area sought to be occupied shall be
outlined.
In the construction proposed by the District, all materials and equipment shall be
as specified in the District's general conditions and standards and as approved by the City.
The exact class and type to be used shall be shown on the plans, as will the equipment to
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be used and the mode of safeguarding and facilitating the public traffic during
construction. The manner of excavation, construction installation, backfill, and temporary
structures (such as traffic turnouts, road obstructions, etc.) shall meet with the approval
of, pass all requirements of, and be constructed under the supervision of the Director.
Prior to approval of any work under this franchise, the Director may require such
modifications or changes as he deems necessary to properly protect the public in the use
of the public places, and may fix the time or times within and during which such work
shall be done.
The District shall pay to the City such amounts as, in the judgment of the
Director, are reasonably necessary to investigate and process any plans for construction
work, to inspect such work, to secure proper field notes for location, to plat such locations
on the permanent records of the City Public Works Department, to supervise such work,
or to inspect or re -inspect as to maintenance, during the progress of or after the repair of,
any of the initial construction authorized by this franchise. The City shall make its best
efforts to complete all inspections in a timely manner.
SECTION 6. PROTECTION OF PUBLIC. Whenever an accident,
faulty operation, or excavation or fill associated with the construction, installation,
maintenance or repair of the facilities authorized under this franchise has caused or
contributed to a condition that appears to substantially impair the lateral support of the
adjoining street or public place, or endangers the public, and adjoining public place, street
utilities or City property, the Director may direct the District, at its own expense, to take
actions to protect the public, adjacent public places, City property and street utilities, and
may require compliance within a prescribed time.
In the event that the District fails or refuses to take the actions directed promptly,
or fails to fully comply with such directions given by the Director, or if emergency
conditions exist which require immediate action, the City may enter upon the property
and take such actions as are necessary to protect the public, the adjacent streets, or street
utilities, or to maintain the lateral support thereof, including placing of temporary shoring,
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backfilling, alterations of drainage patterns and any other actions reasonably necessary
to decrease the possibility of earth movement, or actions regarded as necessary safety
precautions; and the District shall be liable to the City for the costs thereof.
SECTION Z REPAIR OF STREETS, SIDEWALKS, AND PUBLIC
PLACES. After construction, maintenance, or repair of the facilities authorized by this
Agreement, the District shall repair and restore any damaged or injured streets, avenues,
highways, or public places, or affected portions of same, to their original condition. The
Director shall have final approval of the condition of such streets and public places after
completion of construction.
SECTION 8. INDEMNIFICATION. The District hereby releases,
covenants not to bring suit and agrees to indemnify, defend, and hold harmless the City,
its officers, officials, employees, agents, and representatives, from any and all claims,
costs, judgments, awards, or liability to any person, including claims by the District's own
employees to which the District might otherwise be immune under Title 51 RCW, arising
from injury or death of any person or damage to property of which the negligent acts or
omissions of the District, its agents, servants, officers, or employees in performing this
franchise agreement are the proximate cause. The District further releases, covenants not
to bring suit and agrees to indemnify, defend and hold harmless the City, its officers,
officials, employees, agents and representatives from any and all claims, costs, judgments,
awards or liability to any person including claims by the District's own employees, to
which the District might otherwise be immune under Title 51 RCW, arising against the
City solely by virtue of the City's ownership or control of the rights-of-way or other
public properties by virtue of the District's exercise of the rights granted herein, or by
virtue of the City's permitting the District's use of the City's rights-of-way or other public
property, based upon the inspection or lack of inspection of work performed by the
District, its agents, and servants, officers, or employees in connection with work
authorized on the City's property or property over which the City has control, pursuant
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to this franchise agreement or pursuant to any other permit or approval issued in
connection hereto.
This covenant of indemnification shall include, but not be limited by this reference
to, claims against the City arising as a result of the negligent acts or omissions of the
District, its agents, servants, officers, or employees in barricading or providing other
warnings of any excavation, construction, or work in any public right-of-way or other
public place in performance of work or services permitted under this franchise agreement.
Inspection or acceptance by the City of any work performed by the District at the time of
completion shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not
reduced to a suit and any claims which may be compromised prior to the culmination of
any litigation or the institution of any litigation, provided that the District shall not be
liable to indemnify the City for any settlement of any action or claim effective without
the consent of the District, but if settled with the consent of the District, the District shall
indemnify and hold harmless the City from and against loss or liability by reason of such
settlement. The District shall be obligated to indemnify the City regardless of whether
the settlement of the action on the claim is made with the consent of the District if the
District has refused to defend the City.
In the event that the District refuses the tender of defense in any suit or claim, said
tender having been made pursuant to the indemnification clauses contained herein, and
said refusal is subsequently determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal
on the part of the District, then the District shall pay all of the City's costs for defense of
the action, including all reasonable expert witness fees and reasonable attorney's fees and
the reasonable costs of the City, including reasonable attorney's fees for recovery under
this indemnification clause.
Should a court of competent jurisdiction determine that this franchise is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the concurrent negligence
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of the District and the City, its officers, officials, employees or agents, the District's
liability hereunder shall be only to the extent of the District's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the District's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
SECTION 9. INSURANCE. The District shall procure and maintain for
the duration of this Agreement, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the exercise of the
rights, privileges and authority granted hereunder to the District, its officers, officials,
agents, or employees. The District shall provide a copy of such insurance policy to the
City for its inspection prior to the adoption of this agreement. Such insurance shall
evidence:
A. Automobile Liability Insurance with limits no less than $1,000,000.00 Combined
Single Limit per accident for bodily injury and property damage; and
B. Commercial General Liability Insurance written on an occurrence basis with limits
no less than $1,000,000.00 Combined Single Limit per occurrence and
$1,000,000.00 aggregate for personal injury, bodily injury, and property damage.
Any deductibles or self-insured retentions must be declared to and approved by
the City. Payment of deductible or self-insured retention shall be the sole responsibility
of the District.
The insurance obtained by the District shall name the City, its officers, officials,
employees and agents as insureds with regard to activities performed by or on behalf of
the District. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or agents. In addition, the insurance
policy shall contain a clause stating that coverage shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability. The District's insurance shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance maintained by the City,
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its officials, officers, employees, or agents shall be in excess of the District's insurance
and shall not contribute with it.
The insurance policy or policies required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City. Any failure to comply with the
reporting provisions of the policies shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
SECTION 10. RELOCATION OF LINES AND FACILITIES. The
District agrees and covenants at its sole cost and expense, to protect, support, temporarily
disconnect, relocate, or remove from any street or public place, any of its installations
when so required by the City by reason of traffic conditions or public safety, dedications,
or new rights-of-way and the establishment and improvement thereof, freeway
construction, change or establishment of street grade, or the construction of any public
improvement or structure by any governmental agency acting in a governmental capacity,
provided that the District shall in all such cases have the privilege to temporarily bypass,
in the authorized portion of the same street upon approval by the City, any water line or
portion thereof required to be temporarily disconnected or removed.
The City shall consult all as -built maps and plans filed by the District pursuant to
this franchise or any permits authorized under this franchise, in order to determine
whether the District has placed pipe or facilities in any area affected by a proposed City
project. The City will make its best effort and attempt to design or redesign streets,
avenues, alleys or public places or ways, and other City utilities to minimize the impact
thereof on the District's existing water systems, including the need to require the
District's facilities to be relocated. PROVIDED HOWEVER, that the City shall make the
final determination on the need for relocation of the District's facilities.
Whenever the City determines that any of the above circumstances necessitate the
relocation of the District's than existing facilities, the City shall notify the District in
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writing, and provide the District with copies of pertinent portions of the plans and
specifications for such project so that the District is able to relocate its facilities to
accommodate the City's project at least ten (10) days prior to the project's
commencement. The City shall provide notice to the District and require relocation of the
facilities in a period of time that is reasonable given the circumstances surrounding the
project. The City understands that pursuant to RCW 57.08.050, the District is required
to comply with certain notice and bid procedures prior to commencement of any
construction project. Whenever practical, given the circumstances surrounding the City's
project, the City shall provide the District with sufficient notice to enable the District to
comply fully with RCW 57.08.050 without resorting to emergency powers granted
therein. Upon the District's failure to complete relocation of its installations and facilities
as directed by the City, the City may remove same at the District's expense.
If, after reviewing the as -built maps and plans submitted by the District, the City
determines that the District's pipe or facilities will not be affected by a proposed City
project, no notice shall be given to the District. The City may then commence
construction and if the City finds that the District's as -built maps and plans are inaccurate
through the actual discovery of pipe and facilities in the construction area, the City shall
notify the District and allow the District twenty-four (24) hours to remove and/or relocate
its pipe and facilities. However, should the District be unable to remove and/or relocate
its pipe and facilities within this twenty-four (24) hour period after notification, the City
may remove and dispose of same at the District's cost.
SECTION 11. ABANDONMENT OF WATER PIPE AND SYSTEM
FACILITIES. No pipe, conduit, main, appurtenances, appendages or water system
facilities may be abandoned by the District without the express written consent of the
City. Abandonment procedures may be initiated by application of the District to the City,
which application shall detail, to the City's satisfaction, the location of all pipe or
facilities to be abandoned, and the procedures the District plans to implement in order to
comply with all local, state, and federal regulations pertaining to abandonment of water
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pipe and facilities constructed of asbestos cement or other materials containing asbestos.
The District shall, at its own cost, remove and properly dispose of all abandoned pipes
and water facilities when so directed by the City for the reasons and conditions set forth
in paragraph one, Section 10, Relocation of Lines and Facilities, and for street vacations.
In the case of street vacations, the City shall retain and grant an easement to the District
for any pipe and facilities then in use by the District. The City shall give notice to the
District of any proposed project or street vacation requiring removal of abandoned pipe
and facilities as set forth in Section 10. If the District does not comply within the time
period set by the City, the City may arrange for the removal and proper disposal of all
such pipes and facilities at the District's cost.
SECTION 12. EXCAVATION. During any period of installation,
relocation, maintenance, or repair of the District's facilities and installations, all surface
structures, if any, shall be erected and used in such places and positions within said public
rights-of-way and other public properties so as to interfere as little as possible with the
free passage of traffic and the free use of adjoining property, and the District shall at all
times post and maintain proper barricades during such period of construction as required
by state law or City ordinance.
Whenever the District shall excavate in any public right-of-way or other public
property for the purpose of installation, repair, maintenance, or relocation of its facilities,
it shall apply to the City for a permit to do so and except in the case of an emergency,
shall give the City at least three (3) working days notice thereof. In the event that
emergency work is required, the District may, without prior written notice to the City,
request permits by telephone. The Director shall grant or deny such permits by telephone,
but the District shall follow-up all phone emergency permit requests with a written
application within three (3) working days of the telephone notification to the Director.
In all other cases, the City shall approve the District's applications for permits as soon
as reasonably possible. During the progress of the work, the District shall not
unnecessarily obstruct the passage or proper use of the right -or -way, and shall file maps
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or plans with the City (as described in Section 3 herein) showing the proposed and final
location of the sewer facilities.
If either the City or the District shall at any time plan to make excavations in any
area covered by this Agreement and as described in this section, the party planning such
excavation shall afford the other, upon receipt of a written request to do so, an opportunity
to share such excavation, PROVIDED THAT: (1) suchjoint use shall not unreasonably
delay the work of the party causing the excavation to be made; (2) such joint use shall be
arranged and accomplished on terms and conditions satisfactory to both parties; and (3)
either party may deny such request for safety reasons.
Prior to commencement of any construction authorized by this franchise
agreement, the Director shall reference all monuments and markers of every nature
relating to subdivision plats, highways and all other surveys. The reference points shall
be so located that they will not be disturbed during the District's operations under this
franchise. The method of referencing these monuments or other points to be referenced
shall be approved by the Director before placement. The replacement of all such
monuments or markers disturbed during construction shall be made as expeditiously as
conditions permit and as directed by the Director. The costs of monuments or other
markers lost, destroyed, or disturbed and the expense of replacement by approved
monuments shall be borne by the District.
SECTION 13. COMPLIANCE WITH LAWS. The District, its
subcontractors, employees, or any person acting on behalf of the District shall keep
him/herself fully informed of all federal and state laws, and all municipal ordinances and
regulations which in any manner affect the work or performance of the work authorized
under this franchise agreement, and shall at all times observe and comply with such laws,
ordinances, and regulations, whether or not such laws, ordinances, or regulations are
mentioned herein, and shall indemnify the city, its officers, officials, agents, employees
or representatives against any claim or liability arising from or based upon the violation
of any such laws, ordinances or regulations.
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SECTION 14. DISCRIMINATION. The District agrees that it shall not
discriminate against any employee or applicant on the grounds of race, creed, color,
religion, national origin, sex, marital status, age or the presence of any sensory, mental,
or physical handicap, provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The District shall ensure that applicants
are employed, and that employees are treated during employment, without discrimination
because of their race, color, religion, sex, national origin, creed, marital status, age, or the
presence of any sensory, mental, or physical handicap. The District shall take such action
with respect to this franchise as may be required to ensure full compliance with Ch. 49.60
RCW.
SECTION 15. CITY CONSTRUCTION ADJACENT TO DISTRICT
INSTALLATION. The laying, construction, maintenance, and operation of the said
District's system of water lines, pipes, conduits, mains, etc., authorized under this
franchise agreement shall not preclude the City or its accredited agents and contractors
from blasting, grading or doing other necessary road work contiguous to the said
District's pipe lines, provided that the District shall have forty-eight (48) hours notice of
said blasting or excavation in order that the District may protect its line of pipe and
property.
SECTION 16. MODIFICATION. The City and District hereby reserve
the right to alter, amend or modify the terms and conditions of this franchise agreement
upon written agreement of both parties to such alteration, amendment, or modification.
SECTION 17. BOND. Before undertaking any of the work,
improvements, repair, relocation, or maintenance authorized by this franchise, the District
shall, upon the request of the City furnish a bond executed by the District and a corporate
surety authorized to do surety business in the State of Washington, in a sum to be set and
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approved by the Director of Public Works as sufficient to ensure performance of the
District's obligations under this franchise. The bond shall be conditioned so that the
District shall observe all the covenants, terms, and conditions and faithfully perform all
of the obligations of this franchise, and to erect or replace any defective work or materials
discovered in the replacement of the City's streets or property within a period of two (2)
years from the date of replacement and acceptance of such repaired streets by the City.
SECTION 18. FORFEITURE AND REVOCATION. If the District
willfully violates or fails to comply with any of the provisions of this franchise, or
through willful or unreasonable negligence fails to heed or comply with any notice given
the District under the provisions of this franchise, then the District shall, at the election
of the Kent City Council, forfeit all rights conferred hereunder and this franchise may be
revoked or annulled by the Council after a hearing held upon reasonable notice to the
District. The City may elect, in lieu of the above and without any prejudice to any of its
other legal rights and remedies, to obtain an order from the superior court having
jurisdiction compelling the District to comply with the provisions of this franchise and
to recover damages and costs incurred by the City by reason of the District's failure to
comply.
SECTION 19. REMEDIES TO ENFORCE COMPLIANCE. In
addition to any other remedy provided herein, the City reserves the right to pursue any
remedy to compel or force the District and/or its successors and assigns to comply with
the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for breach of the conditions
herein. This franchise ordinance shall not in any way affect the District's obligation to
obtain all necessary permits and to comply with all City ordinances, rules, and regulations
as they apply to any work or activity subject to this franchise.
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SECTION20. CITY ORDINANCES AND REGULATIONS. Nothing
herein shall be deemed to direct the City's ability to adopt and enforce all necessary and
appropriate ordinances regulating the performance of the conditions of this franchise,
including any reasonable ordinance made in the exercise of its police powers in the
interest of the public safety and for the welfare of the public. The City shall have the
authority at all times to control by appropriate regulations the location, elevation and
manner of construction and maintenance of any water facilities by the District, and the
District shall promptly conform with all such regulations, unless compliance would cause
the District to violate other requirements of law.
SECTION 21. COST OF PUBLICATION. The cost of publication of
this franchise ordinance shall be borne by the District.
SECTION22. ASSIGNMENT. The District may not assign the rights,
duties, and obligations under this Agreement without the prior, written consent of the
City, which consent shall not be unreasonably withheld. If such consent is given for
assignment, acceptance of the assignment shall be filed by the District's successor with
the City.
SECTION 23. SUCCESSORS AND ASSIGNS. All the provisions,
conditions, regulations, and requirements contained in this Agreement shall be binding
upon the successors and assigns of the District, and all privileges of the District shall
inure to its successors and assigns equally as if they were specifically mentioned herein.
SECTION 24. NOTICE. Any notice or information required or
permitted to be given to the parties under this Agreement may be sent to the following
addresses unless otherwise specified:
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THE CITY OF KENT KING CO. WATER DISTRICT NO. 11:
Director of Public Works General Manager
220 Fourth Avenue South 27224 - 144`x' Avenue SE
Kent Washington 98032 Kent Washington 98042-9058
SECTION 25. ACCEPTANCE. After the passage and approval of this
ordinance and within sixty (60) days after such approval, this franchise shall be accepted
by the District by its filing with the City Clerk an unconditional written acceptance
thereof. Failure of the Grantee to so accept this franchise within said period of time shall
be deemed a rejection thereof by the District, and the rights and privileges herein granted
shall, after the expiration of the sixty (60) day period, absolutely cease and determine,
unless the time period is extended by ordinance duly passed for that purpose.
SECTION 26. SURVIVAL. All of the provisions, conditions, and
requirements of Section 6, Protection of Public; 8, Indemnification; 10, Relocation of
Lines and Facilities; and 11, Abandonment of Lines and Facilities, of this franchise
shall be in addition to any and all other obligations and liabilities the District may have
to the City at common law, by statute, or by contract, and shall survive the City's
franchise to the District for the use of the areas mentioned in Section 1 herein, and any
renewals or extensions thereof. All of the provisions, conditions, regulations, and
requirements contained in this franchise ordinance shall further be binding upon the
successors and assigns of the District, and all privileges, as well as all obligations and
liabilities of the District shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the District is named herein.
SECTION 27. SEVERABILITY. If any section, sentence, clause, or
phrase of this franchise ordinance should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
franchise. In the even that any of the provisions of this franchise are held to be invalid
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by a court of competent jurisdiction, the City reserves the right to reconsider the grant of
this franchise and may amend, repeal, add, replace or modify any other provision, or may
terminate this franchise.
SECTION28. EFFECTIVE DATE. This franchise ordinance shall be:
(1) submitted to the Kent City Attorney; (2) introduced at least once at a regular meeting
of the Kent City Council; (3) published at least once in a newspaper of general circulation
in the City of Kent; and if granted by the approving vote of at least a majority of the City
Council, shall be effective in thirty (30) days after execution.
AyU11.1IVA WHITE, MAYOR
G7
BRENDA JACOBE , CIT CLERK
APPROVED AS TO FORM:
�A
'• :O� •t.
PASSED: / L day of �
APPROVED: / 6 day of '>-"121�
PUBLISHED: day of / - , 1777.
I hereby certify that this is a true copy of Ordinance No. 3'1 V %, passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P BRENDA JA7, CITY CLERK
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16
ENT cITY OF
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KING COUNTY. WA
EXHIBIT "A"
WATER DISTRICT #111 OF KING COUNTY
CITY OF KENT FRANCHISE LEGAL DESCRIMON
November 18, 1998
BEGINNING at the intersection of a line lying 495 feet West of the East line of the
Northwest quarter of Section 21, Township 22 North, Range 5 East, W,M. in King
County, Washington with the South margin of SE 240th Street;
Thence Easterly along said South margin to the West line of the East half of the
Northeast quarter of said Section 21;
Thence Northerly perpendicular to said South margin to the centerline of SE 240'h
Street;
Thence Easterly along said centerline to its intersection with the Northerly margin of
said SE 240'" Street in the Northeast quarter of Section 22, Township 22 North, Range
5 East, W.M., in King County, Washington;
Thence Southeasterly, Southerly, Southwesterly and Southerly along said Northerly
margin of SE 240" Street, the Easterly margin of 148" Place SE and the East margin of
148' Avenue SE to the East margin of Soos Creek Drive SE in the Northwest quarter
of Section 26, Township 22 North, Range 5 East, W.M., in King County,
Washington;
Thence continuing Southerly and Southeasterly along said East margin to the North
line of Lot 3 of King County Short Plat No. 880080, recorded under Recording No.
8110140550, records of King County, Washington;
Thence Easterly along said North line to the East line of said Lot 3;
Thence Southerly along said East line to the North margin of SE 264th Street;
Thence Easterly along said North margin to the West line of the East half of the
Southeast quarter of the Northwest quarter of Section 26, Township 22 North, Range 5
East, W.M.;
Thence Southerly along said West line and the West line of the East half of the
Northeast quarter of the Southwest quarter of said Section 26 to the South line of said
Northeast quarter;
Thence Easterly along said South line to the East line of said Southwest quarter of
Section 26;
Thence Southerly along said East line to its intersection with the centerline of the
Bonneville Transmission Line Easement (Covington - Renton 1);
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EXH1Brr "A", continued
Thence Southeasterly along said centerline to the North margin of SE 272nd Street;
Thence Easterly along said North margin to the centerline of Soos Creek;
Thence Southerly along said centerline to the South line of the North half of the
Northwest quarter of the Northeast quarter of Section 35, Township 22 North, Range 5
East, W.M.;
Thence Westerly along said South line to the East line of Lot 1 of King County Short
Plat No. 883126, recorded under Recording No. 8405231102, records of King County,
Washington;
Thence Southerly along said East line to the North line of the South half of the South
half of said Northwest quarter of the Northeast quarter;
Thence Easterly along said North line to the centerline of Soos Creek;
Thence Southerly along said centerline to the Northwest margin of Primary State
Highway No. 2 (S.R. 18);
Thence Southwesterly along said Northwest margin to the North margin of SE 288th
Street in the Southeast quarter of the Southeast quarter of Section 34, Township 22
North, Range 5 East, W.M.;
Thence Westerly along said North margin to the West margin of 132nd Avenue SE;
Thence Northerly along said West margin to the South line of the North half of the
North half of the Southeast quarter of Section 33, Township 22 North, Range 5 East,
W.M;
Thence Westerly along said South line to the Southeasterly margin of SE 282nd Way;
Thence Southwesterly and Westerly along said Southeasterly margin and the South
margin of SE 282nd Street to the West margin of 124th Avenue SE;
Thence Northerly along said West margin to the South line of the Northeast quarter of
the Northwest quarter of Section 33, Township 22 North, Range 5 East, W.M.;
Thence Easterly along said South line and the South line of the Northwest quarter of
the Northeast quarter of said Section 33 to a point 440 feet West of the Southeast
comer thereof;
Thence Northerly and parallel with the East line of said Northwest quarter of the
Northeast quarter to the South line of the North half of the North half of said
Northwest quarter of the Northeast quarter;
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EXHIBrr "A", continued
Thence Easterly along said South line of the North half of the North half of the
Northwest quarter of the Northeast quarter to the Southeast comer thereof;
Thence Northerly along the East line of said Northwest quarter of the Northeast
quarter to the Northeast comer thereof;
Thence Westerly along the North line of said Section 33 to the East line of the Big "K"
Addition No. 2, according to the Plat thereof recorded in Volume 78 of Plats, Page 16,
records of King County, Washington;
Thence Northerly along said East line to the Northeasterly line thereof,
Thence Northwesterly along said Northeasterly line to the Northeast comer of the Big
"K" Addition, according to the Plat thereof recorded in Volume 67 of Plats, Page 66,
records of King County, Washington;
Thence continuing Northwesterly along the Northeasterly line of said Big "K" Addition
and its Northwesterly extension to its intersection with the West margin of 124th
Avenue Southeast;
Thence Northerly along said West margin to its intersection with the South line of the
North 507 feet of the Northeast quarter of the Southwest quarter of Section 28,
Township 22 North, Range 5 East, W.M.;
Thence Westerly along said South line to the West line of the East 149.8 feet of said
Northeast quarter of the Southwest quarter;
Thence Northerly along said West line to the North line of said Southwest quarter of
Section 28;
Thence Westerly along said North line to its intersection with a line that is 495 feet
West of and parallel with the East line of the Northwest quarter of said Section 28;
Thence Northerly along said line that is 495 feet West of and parallel with said East
line of the Northwest quarter and the Southwest and Northwest quarters of Section 21,
Township 22 North, Range 5 East, W.M. to its intersection with the South margin of
Southeast 240th Street and the POINT OF BEGINNING of this description.
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Return Address:
Attn: City Clerk
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
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WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3447
Reference Number(s): N/A
Grantor(s): Last, First, Middle Initial
1.
2.
3.
4.
11
City of Kent, a Washington municipal corporation
Additional names on page of document.
Grantee(s): Last, First, Middle Initial
1. King County Water District No. 111
2.
3.
4.
Additional names on page _ of document.
Legal Description: (abbreviated: i.e. lot, block, plat, or section, township, range)
N/A
Assessor's Property Tax Parcel/Account Number(s): N/A