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Home My WebLink About4466 ORDINANCE NO.4466 AN ORDINANCE of the City Council of the City of Kent, Washington, approving an amendment to the 2017 Franchise with Lake Meridian Water District, formerly known as King County Water District No. 111, in order to: 1) recognize the District's name change; and 2) to extend the term length of the Franchise. RECITALS A. Lake Meridian Water District, formerly known as King County Water District No. 111, a Washington special purpose municipal corporation ('District"), owns and operates water facilities ("Facilities") and provides retail utility water service to customers located within the District's corporate and approved retail water utility service area. Some of these Facilities are located in the City of Kent ("City"). B. The City also owns and operates a water utility system and provides retail water utility services to customers located within the City's corporate and approved retail water service area boundaries. Portions of the District's and the City's corporate and retail water utility service area boundaries are adjacent. 1 Ordinance — Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 C. RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water facilities. D. The City and the District entered into a Franchise Agreement on April 4, 2017 ("2017 Franchise") through the adoption of Ordinance No. 4241. The 2017 Franchise granted the District a non-exclusive franchise to construct, maintain, operate, replace, and repair a water system within public rights-of-way of the City. As part of the 2017 Franchise, the District agreed to pay to the City a franchise fee in the amount of 6% of the District's annual revenue. The 2017 Franchise had a term of 10 years, with an additional automatic extension of 5 years. E. Now, in exchange for allowing the City to serve the following additional properties: the Kent East Hill Operations Center ("KEHOC") and the entirety of Clark Lake Park, the City agreed to extend the term of the Franchise. The service area boundaries of the City and District will be amended in a separate agreement. F. Additionally, after the effective date of the 2017 Franchise, the King County Council unanimously approved a requested name change of King County Water District No. 111 to Lake Meridian Water District on April 17, 2018. This name change became effective January 1, 2019 in accordance with RCW 57.04.065. This amendment will also recognize the name change with respect to the terms of the 2017 Franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Ordinance — Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 ORDINANCE SECTION 1. - Incorporation of Recitals. The recitals set forth above are hereby adopted as if set forth in full herein. SECTION 2. - Name Change. All references to King County Water District No. 111 in the 2017 Franchise shall be amended to Lake Meridian Water District. SECTION 3. - Franchise Term Extended. Section 10 of the 2017 Franchise entitled "Franchise Term" is hereby amended as follows: Section 10. - Franchise Term. This Franchise shall have a term of to (10) twenty (20) years from the Effective Date of this Amendment its Eff tive Elate which will be the date of the adoption of a resolution by the District accepting this Amendment, as defined in Section 29 herein and applied to this Amendment; provided, this Franchise shall be automatically extended for one additional five (5) year period unless either Party at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the Franchise term; provided, at the end of the (5) year term, this Franchise shall be automatically extended for successive one (1) year periods unless either Party at least one hundred twenty (120) days prior to the termination date of any one (1) year extension provides written notice to the other Party of its intent to terminate the Franchise at the end of the current Franchise term. SECTION 4. - All Other Terms Remain in Full Force and Effect. Except as specifically modified by this ordinance, all other terms, conditions; 3 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 or provisions set forth in the 2017 Franchise shall remain in full force and effect. SECTION 5. - SeverabiW. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. - 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 7. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. June 6, 2023 DANA RALPH, MAY R Date Approved ATTEST: June 6, 2023 KIMBERLEY . KOMOTO, &rY CLERK Date Adopted June 9, 2023 Date Published Z D AS O FORM: 4 4 AA ti TA RITE, CITY ATTORNEY J�. a as q IDe ` .a.ea. 4 Ordinance - I�,Cancl�is�a�lin`eO anent- Lake Meridian W"tee [�&Uitf. King County Water District No. 111 LAKE MERIDIAN WATER DISTRICT KING COUNTY, WASHINGTON RESOLUTION NO. 682-06-23 RESOLUTION OF THE BOARD OF COMMISSIONERS OF LAKE MERIDIAN WATER DISTRICT,KING COUNTY, WASHINGTON,AGREEING TO AMEND ITS FRANCHISE AGREEMENT WITH THE CITY OF KENT,AND AUTHORIZING THE DISTRICT'S GENERAL MANAGER TO SIGN THE AMENDMENT. WHEREAS,the Lake Meridian Water District(District)is a special purpose water-sewer district authorized and existing pursuant to Title 57 Revised Code of Washington;and WHEREAS,the City of Kent(Kent)is a Washington municipal corporation with authority to grant franchises; and WHEREAS, on or about April 4, 2017, Kent passed Ordinance 4241, whereby it granted the District a nonexclusive franchise on certain terms(2017 Franchise);and WHEREAS,on or about May 9,2017,the District accepted the 2017 Franchise;and WHEREAS, The District and the City have determined that it was mutually beneficial to amend the 2017 Franchise. NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Lake Meridian Water District,King County, Washington,as follows: I. The District hereby agrees to amend the 2017 Franchise as stated in Exhibit A to this resolution. 2. The District General Manager is hereby authorized and directed to sign the amendment to the 2017 Franchise,and to take all other necessary steps to effectuate the amendment to the 2017 Franchise. ADOPTED by the Board of Commissioners of Lake Meridian Water District, King County, Washington,at a regular open public meeting held on the 8th day of June 2023. BOARD OF COMMISSIONERS LAKE MERIDIAN WATER DISTRICT By: Patrick M. Hanis, President and Commissioner By: 1/ Charles E. Wilson, Secretary and Commissioner By. Gary . line,Coin ' ioner i ORDINANCE NO.4466 AN ORDINANCE of the City Council of the City of Kent, Washington, approving an amendment to the 2017 Franchise with Lake Meridian Water District, formerly known as King County Water District No. 111, in order to: 1) recognize the District's name change; and 2) to extend the term length of the Franchise. RECITALS A. Lake Meridian Water District, formerly known as King County Water District No. 111, a Washington special purpose municipal corporation ("District"), owns and operates water facilities ("Facilities") and provides retail utility water service to customers located within the District's corporate and approved retail water utility service area. Some of these Facilities are located in the City of Kent ("City"). B. The City also owns and operates a water utility system and provides retail water utility services to customers located within the City's corporate and approved retail water service area boundaries. Portions of the District's and the City's corporate and retail water utility service area boundaries are adjacent. 1 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. ill C. RCW 35A.47,040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water facilities. D. The City and the District entered into a Franchise Agreement on April 4, 2017 ("2017 Franchise") through the adoption of Ordinance No. 4241. The 2017 Franchise granted the District a non-exclusive franchise to construct, maintain, operate, replace, and repair a water system within public rights-of-way of the City. As part of the 2017 Franchise, the District agreed to pay to the City a franchise fee in the amount of 6% of the District's annual revenue. The 2017 Franchise had a term of 10 years, with an additional automatic extension of 5 years. E. Now, in exchange for allowing the City to serve the following additional properties: the Kent East Hill Operations Center ("KEHOC") and the entirety of Clark Lake Park, the City agreed to extend the term of the Franchise. The service area boundaries of the City and District will be amended in a separate agreement. F. Additionally, after the effective date of the 2017 Franchise, the King County Council unanimously approved a requested name change of King County Water District No. 111 to Lake Meridian Water District on April 17, 2018. This name change became effective January 1, 2019 in accordance with RCW 57.04,065. This amendment will also recognize the name change with respect to the terms of the 2017 Franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 ORDINANCE SECTION 1. - Incorporation of Recitals, The recitals set forth above are hereby adopted as if set forth in full herein. SECTION 2. - Name Change. All references to King County Water District No. 111 in the 2017 Franchise shall be amended to Lake Meridian Water District. SECTION 3. - Franchise Term Extended. Section 10 of the 2017 Franchise entitled "Franchise Term" is hereby amended as follows; Section 10. - Franchise Term. This Franchise shall have a term of ten-el-9-)twenty (20) years from the Effective Date of this Amendment its Eff t* ,e !lac which will be the date of the adoption of a resolution by the District accepting this Amendment, as defined in Section 29 herein and applied to this Amendment; provided, this Franchise shall be automatically extended for one additional five (5) year period unless either Party at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the Franchise term; provided, at the end of the (5) year term, this Franchise shall be automatically extended for successive one (1) year periods unless either Party at least one hundred twenty (120) days prior to the termination date of any one (1) year extension provides written notice to the other Party of its intent to terminate the Franchise at the end of the current Franchise term. SECTION 4. - All Other Terms Remain in Full Force and Effect. Except as specifically modified by this ordinance, all other terms, conditions; 3 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 or provisions set forth in the 2017 Franchise shall remain in full force and effect. SECTION 5. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. - Corrections by Cif 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 7. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. June 6, 2023 DANA RALPH, MAY R Date Approved ATTEST: June 6, 2023 KIMBERLEY KOMOTO, Y CLERK Date Adopted June 9, 2023 Date Published tPED0 FORM: �ti" �y'�CL.�rae,rc•i t�, CITY ATTORNEY N-4 �� n' '�' ` • S`:; ;•.q>'a 4 Ordinancer�nc i�e p1 `dd»lent- Lake Meridian V"j`l i1trtct`fka King County Water t5istrict No. 111 STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form)which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice #KEN978309 was published on June 9, 2023 The full amount of the fee charged for said foregoing publication is the sum of$104.22 Rudi Alcott Vice President,Advertising Subscribed and sworn to me this 9" day of June, 2023 . i ifer Tribbett, Notary Public for the State of Washington, Residing in ting, Washington ,{wiatirarr�errs,,,;,. rax o��A; � F, Classified Proof CITY OF KENT NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The following are sum- maries of ordinances passed by the Kent City Council on June 6.2023. ORDINANCE NO. 4465 -AN ORDINANCE of the City Council of the City of Kenf,Washington,ap- proving the consolidating budget adjustments made between January 1, 2023 and March 31, 2023,reflecting an over- all budget increase of S21.479.6B0. This ordi- nance shall take effect and be in force five days after publication. as pro- vided by law. ORDINANCE NO. 4466 -AN ORDINANCE of the City Council of the City of Kent.Washington,ap- proving an amendment to the 2017 Franchise with Lake Meridian Wa- ter District formerly known as King County Water District No. 111, in order to: 1)recognize the District's name change:and 2)to extend the term length of the Franchise. This ordi- nance shall take effect and be in force 3D days from and after its pas- sage. as provided by law. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Kimberley A. Komoto. City Clerk Kkomoton Kent WA-qov 253-856-572_� #978309 6/9123 Proofed by Jennifer Tribbett,06/05/2023 12:01:02 pm Page:2