HomeMy WebLinkAbout3173WHEREAS, both the City and the District are public agencies
authorized by law to engage in furnishing sewer service, and to
1 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 performance of contractual obligations and any
other matters arising out of the provision of sewer service by the
District or the City, all pursuant to and in accordance with RCW
Sections 39.34.080, 35.92.010, 35A.47.040 and 56.08.010;
WHEREAS, the City and the District, since approximately 1969,
have shared a joint sewer gravity trunk line (the "Cascade
Interceptor") that traverses from the District's current Lift
Station No. 10, located near the intersection of 116th Ave. SE and
SE 256th Street in the City of Kent, through a portion of the East
Hill area of the City and finally terminating at the Metropolitan
SODS CREEK AS DIST. FRANCHISE --Page 1 of 19 (excluding exhibits)
ORDINANCE NO
AN ORDINANCE of the City of
Kent, Washington, granting unto Soos
Creek Water and Sewer District, its
successors and assigns, the right,
privilege, authority and franchise
for twenty-five years, to construct,
operate, maintain, repair and
replace a sewer main and related
facilities under, along, and/or
across certain designated rights-of-
(�
way, utility easements and other
public places of the City, all in
d
order to allow a portion of the
District's sewer system to discharge
into a Metropolitan King County
sewer system interceptor.
WHEREAS, both the City and the District are public agencies
authorized by law to engage in furnishing sewer service, and to
1 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 performance of contractual obligations and any
other matters arising out of the provision of sewer service by the
District or the City, all pursuant to and in accordance with RCW
Sections 39.34.080, 35.92.010, 35A.47.040 and 56.08.010;
WHEREAS, the City and the District, since approximately 1969,
have shared a joint sewer gravity trunk line (the "Cascade
Interceptor") that traverses from the District's current Lift
Station No. 10, located near the intersection of 116th Ave. SE and
SE 256th Street in the City of Kent, through a portion of the East
Hill area of the City and finally terminating at the Metropolitan
SODS CREEK AS DIST. FRANCHISE --Page 1 of 19 (excluding exhibits)
King County Mill Creek sewer interceptor on Crow road in the City;
and
WHEREAS, the City and the District have recently discovered
that the Cascade Interceptor does not have the capacity to handle
the combined sewage flows of both the District and the City; and
WHEREAS, in order to construct this separate sewer main, the
District must obtain a franchise from the City to install, own,
operate, maintain, repair, relocate and replace its proposed sewer
main over certain City right-of-ways and utility easements, which
are more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, for all the foregoing reasons, the City Council of
the City of Kent finds it necessary and proper to grant this
franchise to the District for the purposes described herein. NOW,
THEREFORE:
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS INCORPORATED. The foregoing recitals are
by this reference incorporated herein and made a part hereof.
SOOS CREEK W&S DIST. FRANCHISE --Page 2 of 19 (excluding exhibits)
WHEREAS,
the
District has
expressed its desire to construct a
separate sewer main to handle
the District's sewage flows that
would lead from
the District's
Lift Station No. 10 and empty
directly into
the
Metropolitan
King County Mill Creek Interceptor;
and
d
O
WHEREAS,
the
City and
the District find it mutually
advantageous
that
the District
construct this separate sewer main;
and
WHEREAS, in order to construct this separate sewer main, the
District must obtain a franchise from the City to install, own,
operate, maintain, repair, relocate and replace its proposed sewer
main over certain City right-of-ways and utility easements, which
are more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, for all the foregoing reasons, the City Council of
the City of Kent finds it necessary and proper to grant this
franchise to the District for the purposes described herein. NOW,
THEREFORE:
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS INCORPORATED. The foregoing recitals are
by this reference incorporated herein and made a part hereof.
SOOS CREEK W&S DIST. FRANCHISE --Page 2 of 19 (excluding exhibits)
Section 2. FRANCHISE GRANTED. The City of Kent, a Washington
municipal corporation (the "City"), hereby grants to Soos Creek
Water and Sewer District, a water and sewer district formed under
Title 56 RCW (the "District"), subject to the terms and conditions
set forth in this ordinance, a franchise for a period of twenty-
five (25) years, commencing on the effective date of this franchise
ordinance. This franchise shall grant to the District the right
O and privilege to install, operate, maintain, repair, relocate and
Q? replace a sewer main and related facilities in, along, through and
� under the right-of-ways, utility easements and other public ways
within the City of Kent specifically described in Exhibit A,
C? attached hereto and incorporated herein by this reference, in order
to allow a portion of the District's sewer system to discharge into
the Metropolitan King County Mill Creek sewage interceptor in the
vicinity of Crow road in the City of Kent, and for that purpose to
make any and all connections that may be necessary, convenient
and/or proper.
Section 3. AUTHORITY TO MANAGE, REGULATE AND CONTROL SEWER
SYSTEM. After the construction of its sewer main facility as
contemplated under this franchise ordinance, the District shall
have the sole responsibility to maintain, manage, conduct and
operate its sewer main facility as installed within the area
described in Exhibit A, together with any additions and betterments
thereto. However, should the District design its sewer main
facility so that it connects with the Cascade Interceptor or any
other portion of the City sewer system before draining into a
Metropolitan King County interceptor, the District shall, before
connecting its newly constructed sewer main facility to the jointly
shared system, enter into a separate interlocal agreement with the
City that addresses, at a minimum, responsibility for maintenance,
operation, replacement and relocation of those jointly shared sewer
facilities together with the installation of separate metering
SODS CREEK W&S DIST. FRANCHISE --Page 3 of 19 (excluding exhibits)
devices to measure the City's and the District's sewage flows
before entering the jointly shared system.
Section 4. ABANDONMENT OF RIGHTS TO CASCADE INTERCEPTOR. In
consideration of the City's grant of this franchise, the District
shall abandon all interest it has or may have in the Cascade
Interceptor at such time as the District begins operating the
separate sewer main facility contemplated in this franchise
ordinance. Accordingly, at that time, the City shall enjoy
d' exclusive use of the Cascade Interceptor.
0
4� Section 5. NON-EXCLUSIVE GRANT. This grant or privilege is
not exclusive. It shall not 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 right-of-ways, easements or public places
described in Exhibit A.
Section 6. APPROVAL OF PLANS. Prior to any construction
necessary to lay, maintain, operate, repair or replace any of the
pipes, conduits, mains, facilities and appurtenances contemplated
in this franchise ordinance, the District shall submit to the
City's Public Works Director (hereinafter the "Director") accurate
plans and specifications showing the exact location, character,
position, dimension, depth and height of the work to be done. The
plans and specifications shall also accurately show the existing
right-of-way, easement or property lines and all improvements
within the construction area including, without limitation, roadway
pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways,
parking strips, telephone or electric distribution poles or
conduits, and storm, gas, water or sewer lines.
SODS CREEK W&S DIST. FRANCHISE --Page 4 of 19 (excluding exhibits)
In any construction proposed by the District, the exact class
and type of materials to be used shall be shown on the plans and/or
specifications, as will the equipment to be used and the mode of
safeguarding and facilitating public traffic during construction.
All materials and equipment used in construction shall conform
exactly to the plans and specifications. The manner of excavation,
construction installation, backfill, and temporary structures (such
as traffic turnouts, road obstructions, etc.) shall meet with the
O approval of, pass all requirements of, and be constructed under the
V) supervision of the Director. Prior to approval of any work under
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this franchise, the Director may require modifications or changes,
dincluding restrictions on time for performance of the work, if
0 he/she determines that modifications or changes are necessary to
properly protect the public.
The District shall pay the City all amounts reasonably
necessary to investigate and process any plans and/or
specifications for construction work, to supervise the work, to
secure proper field notes for location, to record those locations
on the permanent records of the City Public Works Department, and
to inspect or reinspect during the progress of any of the
construction authorized by this franchise ordinance. The City
shall make its best efforts to complete its obligations under this
paragraph in a timely manner.
Section 7. PROTECTION OF PUBLIC. Whenever any incident
associated with the District's installation, operation,
maintenance, repair, replacement or relocation of the facilities
authorized through this franchise has caused or contributed to a
condition that appears to substantially impair the lateral support
of or otherwise endanger an adjoining street, an adjoining public
place or City property, any adjacent street utilities or the public
in general, the Director may direct the District, at its sole
expense, to take actions to protect that adjoining street,
SOOS CREEK AS DIST. FRANCHISE --Page 5 of 19 (excluding exhibits)
adjoining public place or City property, adjacent street utility(s)
or to protect the public in general, and the Director may require
compliance within a prescribed time.
If the District fails or refuses to promptly take the actions
directed by the City within the prescribed time, or fails to fully
comply with the Director's instructions, or if emergency conditions
exist that require immediate action, the City may enter the
property and take any actions necessary to protect or to maintain
the lateral support of or otherwise protect the adjoining street,
Nt adjoining public place or City property, the adjacent street
utility(s) or to protect the public in general. The City's action
0 may include, without limitation, placing temporary shoring,
backfilling, altering drainage patterns and/or any other actions
reasonably necessary to protect persons or property, and the
District shall be liable to the City for all costs incurred by the
City.
Section 8. REPAIR OF STREETS, SIDEWALKS AND PUBLIC PLACES.
After installation, maintenance, repair, replacement or relocation
of the facilities authorized by this franchise ordinance, the
District shall repair and restore any damaged or injured streets,
avenues, highways or public places, or affected portions thereof,
to their original condition. The Director shall have final
approval of the condition of these streets and public places after
completion of construction.
Section 9. INDEMNIFICATION. The District shall defend,
indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, actions,
injuries, damages, losses or suits, including all legal costs,
witness fees and attorney fees, arising out of or in connection
with the performance of any of the District's rights or obligations
SOOS CREEK W&S DIST. FRANCHISE --Page 6 of 19 (excluding exhibits)
granted by this franchise ordinance, but only to the extent of the
negligence or comparative fault of the District, its employees,
agents, contractors, subcontractors or assigns.
The District shall also defend, indemnify and hold the City,
its officers, officials, employees, agents and volunteers harmless
from any and all claims, actions, injuries, damages, losses or
suits, including all legal costs, witness fees and attorney fees,
arising out of or in connection with the City's ownership or
® control of the rights-of-way or other public properties, whether by
virtue of the District's exercise of the rights granted in this
n franchise ordinance or by virtue of the City's permitting authority
dover the District.
The City's inspection or acceptance of any of the District's
work when completed shall not be grounds to avoid any of these
covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE DISTRICT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR
THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that the
District shall not be liable to indemnify the City for any
settlement agreed upon without the consent of the District;
however, if the District consents to the agreed upon settlement,
then the District shall indemnify and hold the City harmless (as
provided for in this Section 8) from and against loss or liability
by reason of that settlement. Moreover, if the District refuses to
defend the City, the District shall indemnify the City regardless
of whether the settlement was made with or without the District's
consent.
SODS CREEK W&S DIST. FRANCHISE --Page 7 of 19 (excluding exhibits)
Before beginning work on the project described in this
Agreement, the District shall provide a Certificate of Insurance
evidencing:
1. Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liability insurance written on an
occurrence basis with limits no less than $2,000,000 combined
single limit per occurrence and $5,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage;
SOOS CREEK W&S DIST. FRANCHISE --Page 8 of 19 (excluding exhibits)
In the event that the District refuses to accept tender of
defense in any claim, action or suit pursuant to this Section 8 and
if the District's 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, then
the District shall pay all the City's costs for defense of the
action, including all legal costs, witness fees and attorneys' fees
®
and also including the City's costs (also including all legal
costs, witness fees and attorneys' fees) for recovery under this
indemnification clause.
Section 10. INSURANCE. The District shall procure and
maintain for the duration of this franchise, insurance against
claims for injuries to persons or damage to property which may
arise from or in connection with the rights and obligations
conferred through this franchise ordinance, specifically including,
without limitation, activities and/or work performed by or on
behalf of the District, its agents, representatives, employees,
contractors or subcontractors.
Before beginning work on the project described in this
Agreement, the District shall provide a Certificate of Insurance
evidencing:
1. Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liability insurance written on an
occurrence basis with limits no less than $2,000,000 combined
single limit per occurrence and $5,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage;
SOOS CREEK W&S DIST. FRANCHISE --Page 8 of 19 (excluding exhibits)
explosion, collapse and underground (XCU); and employer's
liability.
3. Environmental Impairment Insurance. The District shall
maintain continuously throughout the term of this franchise,
at its own expense, an occurrence form Environmental
Impairment insurance policy with endorsements to indemnify for
the franchise operations, including pollution liability. The
carrier shall be subject to the prior approval of the City.
Minimum limits of coverage shall be $2,000,000 each
occurrence.
Any payment of deductible or self-insured retention shall be the
sole responsibility of the District.
The City, its officers, officials, employees, agents and
volunteers shall be named as an additional insureds on the
insurance policies, and a copy of the endorsement naming the City
as additional insured shall be attached to the Certificate of
Insurance.
Each 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 respects to the limits of
the insurer's liability. The coverage shall contain no special
limitations on the scope of protection afforded to the City.
The District's insurance shall be primary insurance as
respects the City, and the City shall be given thirty (30) calendar
days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or material change in
coverage. Any failure to comply with the reporting provisions of
the policies shall not affect the City's coverage.
SODS CREEK W&S DIST. FRANCHISE --Page 9 of 19 (excluding exhibits)
Any insurance maintained by the City, its officials, officers,
employees or agents shall be in excess of the District's insurance
and shall not contribute with it.
Approval of required insurance is a condition precedent to the
execution of this agreement, and maintaining the required insurance
policies shall be an ongoing condition of the City's duty to
perform its obligations established under this franchise ordinance.
d
Section 11. RELOCATION OF LINES AND FACILITIES. The District
agrees and covenants to protect, support, temporarily disconnect,
remove, replace or relocate from any street or public place, at its
sole cost and expense, any of its installations within the
franchise area when the City requires because of traffic
conditions, public safety, dedications of new right-of-ways (and
the establishment and improvement thereof), change or establishment
of street grade, or the construction of any public improvement or
structure by any governmental agency acting in a governmental
capacity. However, in all these cases, the District shall have the
privilege to temporarily bypass the sewer main or portion thereof
required to be temporarily disconnected, removed or otherwise
affected, if the District first obtains the City's approval.
The City shall consult all as -built maps and plans filed by
the District pursuant to this franchise and any permits issued in
relation to 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 use its best efforts to
design or redesign streets, alleys, public places or ways and other
City utilities to minimize their impact on the District's sewer
system within the franchise area. HOWEVER, the City, and not the
District, shall make the final determination on the need for
relocation of the District's facilities.
SODS CREEK W&S DIST. FRANCHISE --Page 10 of 19 (excluding exhibits)
Whenever the City determines that circumstances necessitate
the relocation of the District's then existing facilities, the City
shall notify the District in writing and shall provide the District
with copies of pertinent portions of the plans and specifications
for that project so that the District will be able to relocate its
facilities to accommodate the City's project. 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, but in no event shall the
City provide less than thirty (30) calendar days notice, except
during emergencies.
The City understands that pursuant to RCW 56.08.070, 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 its notice and bid
procedures without resorting to any emergency powers that may be
available to the District.
If the District fails to complete relocation of its
installations and facilities as directed by the City, the City may
remove and/or relocate same at the District's sole 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/or 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
SODS CREEK W&S DIST. FRANCHISE --Page 11 of 19 (excluding exhibits)
facilities within this twenty-four (24) hour period after
notification, the District shall be responsible for all costs,
including Contractor delay damages, incurred by the City
proximately resulting from the District's failure to relocate,
whether or not those costs are directly attributable to the
District's failure to act.
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 11. 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.
SOOS CREEK W&S DIST. FRANCHISE --Page 12 of 19 (excluding exhibits)
Section 12. ABANDONMENT OF LINES AND FACILITIES. No pipe,
conduit, main, appurtenances, appendages or sewer system facilities
may be abandoned by the District without the express written
consent of the City. Abandonment procedures may be initiated only
by application of the District to the City, which application shall
dT1
detail, to the City's satisfaction, the location of all pipe or
facilities to be abandoned, and the procedures the District intends
to implement in order to comply with all local,
state and federal regulations pertaining to abandonment of sewer
pipe and facilities constructed of asbestos cement or other
material containing asbestos. The District shall, at its own cost,
remove and properly dispose of all abandoned pipes and sewer
facilities when so directed by the City for the reasons and
conditions set forth in paragraph one, Section 11, 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 11. 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.
SOOS CREEK W&S DIST. FRANCHISE --Page 12 of 19 (excluding exhibits)
Section 13. EXCAVATION. During any period of installation,
operation, maintenance, repair, replacement or relocation of the
District's facilities and their appurtenances, the District shall
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 construction
as required by state law or City ordinance.
V
d'
Whenever the District shall excavate in any public right-of-
way or other public property for the purpose of installation,
O maintenance, repair, replacement or relocation of its facilities
and their appurtenances, it shall first apply to the City for a
permit. In the event that emergency work is required, the District
may request permits by telephone. The Director shall grant or deny
emergency permit requests by telephone, but the District shall
follow-up all telephone emergency permit requests with a written
application within three (3) business 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.
If either the City or the District shall at any time plan to
make excavations in any portion of the franchise area and as
described in this Section 13, the party planning such excavation
shall afford the other, upon receipt of a written request, an
opportunity to share such excavation, PROVIDED THAT: (1) the joint
use shall not unreasonably delay the work of the party planning to
excavate; (2) the joint use shall be arranged and accomplished on
terms and conditions satisfactory to both parties; and (3) either
party may deny the request for safety reasons.
Prior to commencement of any construction authorized by this
franchise ordinance, 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 located so that
SOOS CREEK W&S DIST. FRANCHISE --Page 13 of 19 (excluding exhibits)
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 directed by the
Director, but in any case as expeditiously as conditions permit.
The costs of monuments or other markers lost, destroyed, or
disturbed and the cost of replacement with approved monuments shall
C) be borne by the District.
d'
O
O Section 14. COMPLIANCE WITH LAWS. The District, its
O contractors, subcontractors, employees, agents, assigns or any
� person acting on behalf of the District shall keep him/herself
fully informed of all federal, state, and local laws, rules and
regulations that in any manner affect the work or performance of
the work authorized under this franchise ordinance. The District
shall at all times observe and comply with these laws, rules and
regulations, whether or not they are mentioned herein.
Section 15. CITY CONSTRUCTION ADJACENT TO DISTRICT
INSTALLATION. The laying, construction, maintenance and operation
of the District's sewer main facility authorized under this
franchise ordinance shall not preclude the City or its accredited
agents and contractors from blasting, grading or doing other
necessary road work contiguous to the District's sewer main
facility, provided that the District shall have forty-eight (48)
hours notice of said blasting or excavation in order that the
District may protect its property.
Section 16. MODIFICATION. Neither party may alter, amend or
modify the terms and conditions of this franchise ordinance without
SODS CREEK AS DIST. FRANCHISE --Page 14 of 19 (excluding exhibits)
first obtaining the prior written approval of the Kent City Council
and the District's Board of Commissioners.
Section 17. FORFEITURE AND REVOCATION. If the Kent City
Council, after providing notice and a reasonable opportunity to be
heard, determines that the District has willfully violated or
C? failed to comply with any of the provisions of this franchise
d"
ordinance, or through willful or unreasonable negligence has failed
to heed or comply with any notice given the District under the
O provisions of this franchise ordinance, then the Kent City Council
shall have the right and authority to deem the District to have
forfeited all rights conferred herein, and this franchise shall be
revoked.
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 King County Superior Court to comply with the
provisions of this franchise ordinance and to recover damages and
costs incurred by the City by reason of the District's failure to
comply.
Section 18. 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 to comply with
the terms of this franchise ordinance, 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.
Section 19. NON -WAIVER OF BREACH. The failure of the City to
insist upon strict performance of any of the covenants and
agreements contained in this franchise ordinance, or to exercise
SODS CREEK W&S DIST. FRANCHISE --Page 15 of 19 (excluding exhibits)
any option herein conferred in one or more instances shall not be
construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full
force and effect.
Section 20. CITY ORDINANCES AND REGULATIONS. Nothing herein
shall be deemed to direct or alter 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
�2 the interest of the public safety, and/or 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
07 construction and maintenance of any sewer facilities by the
District, and the District shall promptly comply with those
regulations, unless compliance would cause the District to violate
other requirements of law.
Section 21. ASSIGNMENT. The District may not assign all or
a part of 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 22. FRANCHISE BINDING ON ASSIGNS. All the
provisions, conditions, regulations and requirements contained in
this franchise ordinance 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.
SOOS CREEK W&S DIST. FRANCHISE --Page 16 of 19 (excluding exhibits)
Section 23. 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:
THE CITY OF KENT
ATTN: Public Works Director
220 Fourth Avenue South
Kent, Washington 98032
(206) 859-3340
(206) 859-3559 (FAX)
SOOS CREEK WATER AND SEWER
DISTRICT
ATTN: Operations Manager
P.O. Box 58039
Renton, Washington 98058
(206) 630-9900
(206) 630-5289 (FAX)
Section 24. COST OF PUBLICATION. The District shall bear the
cost of publication of this franchise ordinance.
Section 25. RESOLUTION OF DISPUTES AND GOVERNING LAW. Should
any dispute, misunderstanding, or conflict arise as to the terms
and conditions contained in this franchise ordinance, that claim or
dispute shall be determined only by commencing an action under the
jurisdiction and venue of the King County Superior Court, King
County, Washington. This franchise agreement shall be governed by
and construed in accordance with the laws of the State of
Washington. Each party shall be solely responsible for its costs,
expenses and reasonable attorney's fees incurred in any litigation
arising out of the enforcement of this Agreement, to the extent not
inconsistent with "Section 9. INDEMNIFICATION".
Section 26. SURVIVAL. All of the provisions, conditions and
requirements of "Section 7. PROTECTION OF PUBLIC"; "Section 9.
INDEMNIFICATION"; "Section 11. RELOCATION OF LINES AND FACILITIES";
SODS CREEK AS DIST. FRANCHISE --Page 17 of 19 (excluding exhibits)
and "Section 12. ABANDONMENT OF LINES AND FACILITIES", shall
survive the expiration or termination of this franchise ordinance.
Section 27. ACCEPTANCE. After the passage and approval of
this franchise ordinance and within sixty calendar days after that
approval, the District must formally accept this franchise
ordinance by filing with the City Clerk an unconditional written
0 acceptance. If the District fails to accept this franchise
ordinance within this time period, this franchise ordinance shall
be deemed rejected by the District, and the rights and privileges
C� herein granted shall, after the expiration of this time period,
absolutely cease, unless the time period is extended by ordinance
duly passed for that purpose.
Section 28. SEVERABILITY. The provisions of this ordinance
are declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section or portion of
this ordinance, or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the
remainder of this ordinance, or the validity of its application to
other persons or circumstances. In the event that this franchise
ordinance or a portion thereof, is held to be invalid, the City
reserves the right to reconsider the grant of this franchise and,
with the approval of the District, may amend, repeal, add, replace
or modify any other provision; alternatively, the City may
terminate this franchise, with or without the District's approval.
Section 29. 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; if granted by the approving vote of at least a
SOOS CREEK W&S DIST. FRANCHISE --Page 18 of 19 (excluding exhibits)
majority of
thirty ( 3 0 )
Council.
ATTEST:
the
City
Council,
this franchise shall
be
effective
days
from
the time
of final passage by
the
Kent City
BRENDA JACOBER; C TY CLERK
i
APPROVED AS TO FORM:
t
ROG R A. LUBOVICH, CIi
PASSED the / / day of
APPROVED the o2Z day of
PUBLISHED the 12 day of
19N.
4 19iy.
19
I hereby certify that this is a true and correct 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
hereon indicated.
Q
BRENDA JACOBE C Y CLERK
SOOSFRN1.pwk
SODS CREEK AS DIST. FRANCHISE --Page 19 of 19 (excluding exhibits)
FRANCHISE DESCRIPTION
SOOS CREEK SEWER AND WATER DISTRICT FORCE MAIN
BEGINNING AT THE INTERSECTION OF 116TH AVENUE SE AND SE 256TH
STREET; THENCE SOUTH ALONG THE WESTERLY 30 FEET OF 116TH AVENUE SE
TO A POINT THAT IS APPROXIMATELY 600 FEET SOUTH OF THE SOUTHERLY
MARGIN OF KENT-KANGLEY ROAD (SR 516) AT APPROXIMATELY SE 265TH
STREET;
THENCE WESTERLY ALONG THE NORTH LINE OF THE PLAT OF JULIE'S
ADDITION TO A POINT ON 114TH AVENUE SE THAT IS APPROXIMATELY 950
FEET SOUTH OF THE SOUTHERLY MARGIN OF KENT-KANGLEY ROAD (SR 516)
AND AT THE NORTHEAST CORNER OF THE PLAT OF OAKHILL;
0
X THENCE CONTINUING WESTERLY AND NORTHWESTERLY TO A POINT ON 108TH
Orr AVENUE SE, SAID POINT BEING APPROXIMATELY 330 FEET NORTH OF THE
NORTHERLY MARGIN OF SE 264TH STREET;
C) THENCE SOUTHERLY ALONG SAID 108TH AVENUE SE TO THE NORTHERLY MARGIN
m OF SE 264TH STREET;
wt
THENCE WESTERLY APPROXIMATELY 1,300 FEET ALONG THE NORTHERLY 30
FEET OF SE 264TH STREET TO THE INTERSECTION OF 104TH AVENUE SE AND
SE 264TH STREET WHICH IS THE TERMINUS OF THIS DESCRIPTION.
SAID FRANCHISE LIMITS ARE SHOWN ON THE ATTACHED DRAWING.
168 EXHIBIT=
1 ITCITY OF � L1V
Jim White, Mayor
August 17, 1994
King County Records & Elections
Records Section
500A King County Administration Building
Seattle, Wa 98104
To Whom It May Concern:
Our Purchase Order No. 110708 was recently sent to you
for recording City of Kent Ordinance Nos. 3173 and 3176.
Unfortunately, copies of the ordinance were mailed with
the purchase order rather than the originals.
Therefore, I need to re-record both ordinances. The
original ordinances and Purchase Order No. 114302 are
enclosed for that purpose.
Thank you.
Sincerely,
Brenda Jacober, MC
City Clerk
BJ: encl.
P.S. In case you need to know, the others were recorded
under numbers 9408040708 and 9408040733
rUAA) #15 gif0g09WO 9qDgDao+79
220 4th AVE_ SO.. /KEN I. WASH INU N 981132-5895 / "FhI.hP110AI: (2061859-3300 / FAX # 859-33.14