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HomeMy WebLinkAboutRES 2692 CITY OF RENTON, WASHINGTON
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RESOLUTION NO. 2692
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
ADOPTING UTILITY FRANCHISES
WHEREAS Water District No . 107 currently owns water mains
and sewer lines within the City of Renton rights-of-way, and
WHEREAS Water District No . 107 has applied to the City of
Renton for a water franchise and a sewer franchise to install ,
construct, maintain, and operate water mains and sewer lines in
the City rights-of-way, and
WHEREAS the City Council has reviewed the .franchise
agreements negotiated between City Staff and Water District No .
107 and finds them to be in acceptable form, now therefore,
THE CITY COUNCIL OF THE CITY OF RENTON, DO RESOLVE AS
FOLLOWS :
SECTION. I : The findings , recitals and determinations are
hereby found to be true and correct in all respects.
SECTION II: The Utility Franchises for Water District No.
107 as they relate to water mains, a copy of which is attached
hereto as Exhibit "A" and incorporated by this reference, and
sewer lines, a copy of which is attached hereto as Exhibit "B"
and incorporated by this reference, are hereby approved and
adopted , subject to the laws and ordinances of the City of
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y
RESOLUTION NO. 2692
Renton, and the Mayor and City Clerk are hereby authorized to
sign the franchise agreements .
PASSED BY THE CITY OF RENTON this 2nd day of Nov.ember..,
1987 .
Maxine E. Motor, City Clerk. .. .
APPROVED BY THE MAYOR this 2nd day of November ,
1987 .
Barbara Y. Shinpoch, Mayor
Approved as to form:
Lawrence J. Warr4nj City Attorney
CITY3 : 46/10/27/87/nd
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IBIT "A"
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;:\E ;,; .;: . .• UTIL-JTY FRANCHISE
THIS UTILITY FRANCHISE is given this day of
1987, by the City of Renton, King County,
Washington, a municipal corporation ( "Renton" or "Grantor" )
to King County Water District No. 107, a municipal
corporation ( "District" or "Grantee" ) .
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SECTION l: RECITALS
1 . 01. The District has applied to Renton for a water
utility franchise to install , construct, maintain d
operate water lines, including mains, lateral , appurtenances
and service pipe along, under and across such city roads,
streets , avenues, boulevards , alleys and public places
hereinafter called "rights-of-way" , within the District' s
service area.
1 . 02 . The Renton City Council ( "Council" ) has reviewed
and considered such application for water utility franchise.
WHEREFORE , in consideration of the terms and conditions
herein, Renton hereby grants to the District a water utility
franchise as follows :
SECTION 2: WATER UTILITY FRANCHISE
2. 01. Renton, pursuant to Resolution No. , duly
and regularly enacted by its Council on the ay of
1987, hereby grants to the district and to its
successors and assigns, for the term of twenty-five (25 )
years from the date hereof, the right, privilege, authority
and franchise for itself, its successors and assigns , to
install , construct, maintain and operate water mains,
laterals and service lines along , under and across such City
rights-of-way, together with all necessary equipment of
every sort necessary , subject to all the terms and
conditions herein.
2 .02. This Utility franchise shall apply to those
portions of the District' s water lines and appurtenances
within the City of Renton' s present rights-of-way as
referenced in paragraph 1. 01 above.
SECTION 3 : GENERAL TERMS AND CONDITIONS APPLICABLE TO THE
UTILITY FRANCHISE
3 . 02 . Definitions :
( a) . Right-of-way . The term "right-of-way" shall
be understood to include any and every Renton City road ,
1 �
street, avenue , alley or other public place designated or
specified in this franchise in, upon, under, over, across
and along which rights are, or are intended to be vested in
the Grantee, its successors and assigns, under and by virtue
of this franchise.
(b) . Director . The term "director" shall be the
City of Renton Director of Public works.
(c) . Utility. The term "utility" shall be
understood to mean, as the context may require, either the
Grantee herein, or any other person, firm or corporation,
either public or private, which may hold a franchise to
maintain and operate similar facilities in, upon, under ,
over , across and along any of the public rights-of way , or
portions thereof, within the area specified.
(d ) . Other Governing Body. The term "other
governing body" shall be understood to mean such public
O official or other public board or body as may have power and
jurisdiction over the rights-of-way and be legally vested
with jurisdiction and authority to permit or regulate the
installation, maintenance of lines and other facilities, in,
upon, under, over, across and along the rights-of-way within
the specified area.
3 . 02. Acceptance by Grantee of Terms and conditions.
Grantee shall be deemed to have abandoned and forfeited all
the rights, privileges and authority hereby granted, unless
within thirty (30 ) days from the date hereof Grantee shall
file with the Council its written acceptance of this
franchise, subject to all of the terms, conditions,
stipulations and other obligations herein contained and
enclosed, and in case the Grantee shall fail to do so within
the time aforesaid, this franchise shall be null and void
and of no effect.
3 . 03 . Exclusive Franchise Unconstitutional. This
franchise shall not be deemed or held to be an exclusive
franchise, and shall not in any manner prohibit the Council
from granting other and further franchises of any kind or
character that it may deem proper , in, upon, under, over ,
across and along any right-of-way within the area described
herein, and this franchise shall in no way prohibit or
prevent the public from using any such rights-of-way or
affect the jurisdiction of Renton over such rights-of-way or
any part thereof , or its power to make all necessary
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improvements, repairs or changes therein.
3 . 04 . Jurisdiction. this document shall not be
construed by Grantee, or any other person, persons or
corporations, as a warrant of title or interest in City
roads or rights-of-way but is intended to convey such
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only as to those roads and
rights-of-way and interests
rights-of-way in which the City has an actual interest.
3 . 05. Regulation of Use and Control. The City
granting this franchise does not waive any rights which it
now has or may hereafter acquire with respect to City .roads,
rights-of-way or other City property and this franchise
shall not be construed to deprive the City of any powers,
rights or privileges which it now has or may hereafter
acquire . to regulate the use of and to control the City
roads, rights-of-way and any other City property covered by
this franchise.
3 . 06 . Vacation. If at any time the City shall vacate
any City road, rights-of-way or other City property which is
subject to rights granted by this franchise, the City shall
not be _liable for any damages or loss to the Grantee by
reason of such vacation.
03 . 07.
Responsibility for Damages. The Grantee agrees
for itself, its successors and assigns, to indemnify and
V4 hold the City harmless, its appointed and elected officials
V-4 and employees from and against all .loss or expense,
V-4 including attorney' s fees and costs arising out of any
negligent act, error or omission by the District, its agents
or employees related to this Franchise.
3. 08 . Requirement of Construction Permits. The said
Grantee, its successors or assigns, shall have the right and
authority to enter upon the City roads and rights-of-way
described herein for the purpose of constructing,
extending, repairing or replacing, servicing and/or
operating .and maintaining its lines and facilities and
connecting the same with consumer service lines, upon the
condition that prior to such work within the City roads or
rights-of-way, the Grantee shall first obtain the necessary
permits approved by the Director of Public Works.
Applications for said permits shall first be presented-
to the Department of Public Works which may require
copies of plans, blueprints, cross-sections or such .further
detail of the work to be done as is , or may be required by
ordinance in other instances. Such work, whether done by
the Grantee, its contractors or third parties connecting to
the Grantee ' s lines or facilities, shall include necessary
paving, patching , grading and any other reasonable and
necessary repair or restoration to the pre-existing City
roads , rights-of-way and shall be to the satisfaction of the
director .
All permits shall be applied for and given in the name
of the Grantee who shall be held responsible for all work
done thereunder , whether the work done thereunder is by the
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forces of the Grantee, its contractors or by third parties
connecting to the lines or facilities of Grantee.
Before any work is performed under the permit, the
Grantee shall establish two or more reference marks to all
monuments and markers of every nature relating to
subdivision, plats, right-of-way and all other surveys
within the permitted area. The reference points shall be so
located that they will not be disturbed during the Grantee' s
operation under the permit. 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 cost of monuments or other
qj markers lost, destroyed or disturbed and the expense of
C� replacement by approved monuments shall be borne by the
Grantee.
Grantor_ shall be named as an additional obligee on
performance bonds required by the District for any work
within the franchise area herein.
3 . 09 Providing "As Built" Drawings The
developer/contractor shall maintain on the jobsite project
plans marked to indicate City-approved plan revisions made
in the field and other details of construction. The
drawings shall be made available upon completion of the
project to the District for use in preparation of "as built"
records. The developer shall be responsible for the cost of
any required "as built" drawings . A copy of these "as
built" drawings shall be provided to the City.
3 . 10 . Restoration of Right-of-Way. The Grantee shall
be responsible for and leave all City roads and rights-of-
way in good condition , after work on, under or adjacent to
the City roads or rights-of-way as the same were before such
work. In the event that the Grantee, its contractors or
third parties connecting to Grantee' s lines or facilities
under work permit, shall fail to restore the City roads or
rights-of-way to the condition that pre-existed such work to
the satisfaction of the director, the City reserves the
right to make such repairs or restoration to such roads or
rights-of-way,. and upon presentation of an itemized bill for
such repairs or restoration, including the cost of labor and
equipment, the Grantee shall pay the said bill within thirty
( 30 ) days. In the event that suit is brought upon failure
to pay the bill within thirty (30 ) days, and upon judgment
being entered in favor of the City , Grantee shall further
pay all the actual costs, disbursements and attorney' s fees
incurred thereby.
3. 11 A. Removal or Relocation of. Facilities Installed
by Grantee. Upon the relocation or change of grade by the
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public authorities of any right-of-way described herein, any
lines or facilities, erected upon or within any portion of
such right-of-way, shall, if necessary, be removed by the
Grantee at its own expense so that it shall not interfere
with the work of relocation or change of grade and shall be
reset in accordance with the provisions above set forth so
that the location and elevation of such line or facility
shall conform to the new grade and location of the right-of-
way. Grantee shall likewise, at its own expense, upon
demand of the director , relocate any line or facility which
shall interfere with a reasonably located driveway giving
access to abutting property. The City shall in no event be
held liable for any damages to said Grantee that may occur
by reason of the City' s improvements, repairs or maintenance
or by the exercise of any rights are reserved in this
section.
3 . 11 B. Competing Service Areas. The parties
acknowledge that they have existing water lines parallel to
one another. Subject to Chapter 35. 13A, et seq and further
O subject to any assertion of jursidiction by the Boundary
Review Board and any subsequent decision of the Boundary
Review Board, the parties agree that should the Water
District need to replace a water line or perform such
substantial repairs to the water line that the cost of
repairs is equivalent to the value of the water line, then
GQ the City of Renton shall have the right to provide service
to the customers in the City limits in that service area.
3 . 11 C. Installation Codes: Grantee agrees that any
new water line installation or replacement done pursuant to
this agreement shall meet all fire flow and hydrant
requirements as set out in the current or subsequently
adopted
Uniform Fire Code;
City Ordinance ( current Ordinance is 4007 ) ;
Insurance Service Office Standards ( current edition
1974) ;
National Fire Protection Association, National Fire
Codes;
King County Water District No . 107 Design and Technical
Specifications;
Parts II .and III : Technical Specifications - Water
Extension;
Part IV - Technical specifications. - Water
Details;
Standard Specifications for Municipal Public Works
Construction of the American Public works Association;
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Standard specifications for Municipal Public Works
Construction of the American Water Works Association;
Standard Specifications for Municipal Public Works
Construction of the ASTM;
Washington Administrative Code section 248-54 , "Public
Water Supplies" (DSHS) ;
All other applicable county , state and federal
regulations and statutes regarding water works
specifications and design.
All fire hydrants shall beinstalled by grantee in
compliance with the City of Renton Department of Public
Works Construction Standards.
C�2
3 . 12 . Blasting Requirements. The laying,
construction maintenance and operation of the Grantee ' s P
Os
st m of lines and facilities granted under this franchise
(XJ shall not preclude the City , its accredited agents, or its
contractors from blasting grading or doing other necessary
roadwork contiguous tothe Grantee ' s lines and facilities,
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- seventy-two 72 hours
1 have seven
provided that the Grantee shall y ( )
notice of said blasting or excavating in order that Grantee
may protect its lines, facilities and property.
3 . 13 . Assignment of Rights to Third Party. The
Grantee shall have the right to assign its franchise
provided, however, no such assignment shall be of any force
or effect unless written notice of such assignment shall be
filed with the Clerk of the Council within thirty ( 30 ) days
thereafter , together with an acceptance by the assignee in
writing of all the terms, covenants and conditions of this
franchise and an agreement of such assignee to perform, and
be bound by all the terms and conditions of this franchise.
All the provisions, conditions, regulations and
requirements herein contained shall be binding upon the
successors and assigns of the Grantee, and all privileges,
as well as all obligations and liabilities of the Grantee,
shall inure to its successors and assigns equally as if they
were specifically mentioned wherever the Grantee is
mentioned .
3 . 14 . Expiration and Renewal . All rights granted by
this franchise to City roads and rights-of-way shall apply
to all existing City roads and rights-of-way whether
improved or unimproved , and shall further include City roads
and rights-of-way acquired by the City after the date of
execution of this document.
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If , upon expiration of this franchise, Grantee shall
not have applied for renewal of same, the City shall have
the right to remove such lines or facilities of the Grantee
as are reasonably necessary for the safe condition of the
roads or rights-of-way or facilities of other franchise
holders and such are reasonably necessary to remove for the
construction., renewing , altering or improving of such roads
or rights-of--way, and such as are reasonably necessary to
remove for the installation of .lines and/or facilities of
other franchise holders. Grantee shall be liable for the
costs incurred in such removal including the cost of labor
and equipment; provided that such removal is affected with
two (2 ) years from the expiration date hereof.
3 .15. Right to Amend. The City reserves for itself
the right at any time upon ninety ( 90 ) days written notice
to the Grantee, to so change, amend, modify or amplify any
of the provisions or conditions herein enumerated to conform
to any state statute or regulation relating to the public
welfare, health, safety or right-of-way regulation as may
Q hereafter be enacted, adopted or promulgated and this
franchise may be terminated at any time if the Grantee' s
�. lines and facilities , are not operated or maintained in
accordance with such statutes or regulations.
3.16. Environmental Compliance. Grantee must conform
to the Washington State Environmental Policy Act and any
amendments thereto.
3 . 17. No Discrimination in Employment. In connection
with the performance of any work by the District or its
agents addressed herein, the District and its agents shall.
comply with all federal , . state and local codes, statutes and
ordinances prohibiting discrimination.
3 . .18. Penalty for Violation of Conditions. If the
Grantee shall violate or fail to comply with any of the
terms, conditions or responsibilities of this franchise
through neglect or failure to heed or comply with any notice
given the Grantee under the provisions of this franchise,
the Council may revoke amend alter , change or supplement
this franchise provided, however , that the Council shall
give thirty (30 ) days written notice of its intention to do
so, during which period the Grantee shall have the
opportunity to remedy the failure to comply.
3. 19. Franchise Fee. The Grantee shall annually pay
to the City a franchise fee of five cents ( $0. 05 ) per lineal
foot of transmission water lines owned by the Grantee lying
within City rights of way as described in paragraph 2. 02
herein. City and Grantee agree that Grantee owns
transmission and service lines and is responsible for
maintenance thereof.
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3 . 20 . Severance. This agreement shall be construed to
give effect to such purposes- and uses under this franchise
which are consistent with economical and efficient service
rendered in the public interest. If any provision of this
franchise, or its application is determined to be invalid by
court of law, then the remaining provisions of the franchise
shall continue and be valid unless the dominant purpose of
the franchise or the public interest herein is thwarted
thereby.
3 . 21 . Recording. This agreement shall be recorded
with the King County Office of Records and Elections
immediately upon its execution by the parties herein.
SECTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX
4 . 01 . The City and the District acknowledge
disagreement over the City' s right to impose water utility
taxes on the District' s gross revenues derived from parties
receiving service from the District located within Renton' s
corporate boundaries. The parties acknowledge the
C District' s refusal to collect and transmit such utility tax
to the City. Therefore, the City hereby expressly reserves
rd all rights to make claim against the District for the
payment of such utility taxes.
SECTION 5: RESERVATION OF RIGHTS; COMPREHENSIVE PLAN
APPROVAL
5 . 01 . The parties herein reserve all rights
provided under applicable Washington law to approve ,
conditionally approve, or reject the general Comprehensive
Plan as submitted by the other party.
CITY OF RENTON ( "Renton" ) KING COUNTY WATER DISTRICT
NO. 107 ( "Distr,ict°'
Z. .
B y &h)D O X_a) Sh y
.�k' • �fLCJc�(}v B
Its Mayor Its „rca<r�� nJSr-'•
The undersigned hereby accepts all the rights and
privileges of the above granted franchise subject to all the
terms, conditions, stipulations and obligations contained
herein.
KING COUNTY WATER DI RICT CITY OF RENTON ( "Renton" )
NO. 10L
( "Di tr ct" ) ATTEST:
By
� i
Its lzss�© �/r'T —�
City Clerk
Dated this day of November, 1987.
8
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I I I I I .^, �l ��
EXHIBIT B NOV q
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t i :'` :�� : ;i 1d I
UTILITY FRANCHISE
THIS UTILITY FRANCHISE is given this qday of
1987, by the City of Renton, King County,
Washington, a municipal corporation ( "Renton" or "Grantor" )
to King County Water District No. 107, a municipal
corporation ( "District" or "Grantee" ) .
SECTION 1: RECITALS
Q? 1 . 01. The District has applied to Renton for a. sewer
utility franchise to install, construct, maintain and
O operate sewer lines, including mains, lateral , appurtenances
0 and side sewers along, under and across such city roads,
X streets , avenues, boulevards , alleys and public places
q-4 hereinafter called "rights-of-way" , within the District' s
service area.
Q� 1 . 02. The Renton City Council ( "Council" ) has reviewed
and considered such
application
for
PP sewer utility franchise.
WHEREFORE, in consideration of the terms and conditions
herein, Renton hereby grants to the District a sewer utility
franchise as follows:
SECTION 2: SEWER UTILITY FRANCHISE
2 . 01. Renton, pursuant to Resolution No. , oZ,6 9�42, duly
and regularly enacted by its Council on the �__,, d day of
1987, hereby grants to the district and to its
.successors and assigns, for the term of twenty-five (25)
years from the date hereof, the right, privilege, authority
and franchise for itself, its successors and assigns, to
install, construct, maintain and operate sewer lines,
including mains, laterals , appurtenances, and side sewers
along, under and across such City rights-of-way, together
with all necessary equipment of every sort necessary,
subject to all the terms and conditions herein.
2 . 02. This Utility franchise shall apply to those
portions of the District' s sewer lines and appurtenances
within the City of Renton' s present rights-of-way as
referenced in paragraph 1 . 01 above.
CITY3: 50/10/28/87
F ii��° P `AWE
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SECTION 3 : GENERAL TERMS AND CONDITIONS APPLICABLE TO THE
UTILITY FRANCHISE.
3. 02 Definitions :
(a) Right-of-Way. The term "right-of-way" shall
be understood to include any and every Renton City road ,
street , avenue , alley or other public place designated or
specified in this franchise in, upon, under , over , across and
along which rights are , or are intended to be vested in the
Grantee , its successors and assigns , under and by virtue of
this franchise .
(b) Director. The term "director" shall be the
City of Renton Director of Public Works .
(c) Utility . The term "utility" shall be
understood to mean, as the context may require , either the
C1 Grantee herein, or any other person, firm or corporation,
either public or private , which may hold a franchise to
C maintain and operate similar facilities in, upon, under , over ,
across and along any of the public rights-of-way, or portions
thereof , within the area specified.
(d) Other Governing Body. The term "other
governing body" shall be understood to mean such public
Qa official or other public board or body as may have power and
jurisdiction over the rights-of-way and be legally vested with
jurisdiction and authority to permit or regulate the
installation, maintenance of lines and other facilities , i n,
upon, under , over , across and along the rights -of-way within
the specified area.
3. 02 Acceptance by Grantee of Terms and Conditions .
Grantee shall be deemed to have abandoned and forfeited all the
rights ,
g s , and authority hereby granted , unless within
thirty (30) days from the date hereof Grantee shall file with
the Council its written acceptance of this franchise , subject
to all of the terms , conditions , stipulations and other
obligations herein contained and enclosed , and in case the
Grantee shall fail to do so within the time aforesaid , this
franchise shall be null and void and of no effect .
3. 03 Exclusive Franchise Unconstitutional . This
franchise shall not be deemed or held to be an exclusive
franchise , and shall not in any manner prohibit the Council
from granting other and further franchises of any kind or
character that it may deem proper , in, upon, under , over ,
across and along any right-of-way within the area described
herein, and this franchise shall in no way prohibit or prevent
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the public from using any such rights-of-way or affect the
jurisdiction of Renton over such- rights-of-way or any part
thereof , or its power to make all necessary improvements ,
repairs or changes therein.
3 . 04 Juri sdi cti oil. This document shall not be
construed by Grantee , or any other person, persons or
corporations , as a warrant of title or interest in City roads
or rights-of-way but is intended to convey such rights-of-way
and interests only as to those roads and rights-of-way in which
the City has an actual interest .
3 . OS Regulation of Use and Control . The City granting
this franchise does not waive any rights which it now has or
may hereafter acquire with respect to City roads , rights-of-way
or other City property and this franchise shall not be
construed to deprive the City of any powers , rights or
privileges which it now has or may hereafter acquire to
regulate the use of and to control the City roads ,
rights-o£-way and any other City property covered by this
franchise .
3. 06 Vacation. If at any time the City shall vacate
any City road , rights-of-way or other City property which is
subject to rights granted by this franchise , the City shall not
be liable for any damages or loss to the Grantee by reason of
such vacation.
3 . 07 Responsibility for Damages . The Grantee agrees
+� for itself , its successors and assigns, to indemnify and hold
the City harmless , its appointed and elected officials and
employees from and against all loss or expense , including
attorney' s fees and costs arising out of any negligent act ,
error or omission by the District , its agents or employees
related to this Franchise.
3 . 08 Requirement of Construction Permits . The said
Grantee , its successors or assigns , shall have the right and
authority to enter upon the City roads and rights-of-way
described herein for the purpose of constructing , extending ,
repairing or replacing , servicing and/or operating and
maintaining its lines and facilities and connecting the same
with consumer service lines , upon the condition that prior to
such work within the City roads or rights-of-way, the Grantee
shall first obtain the necessary permits approved by the
Director of Public Works .
Applications for said permits shall first be presented to
the Department of Public Works which may require copies of
plans , blueprints , cross -sections or such further detail of the
-3-
work to be done as i s , or may be required by ordinance in other
instances . Such work, whether done by the Grantee , its
contractors or third parties connecting to the Grantee ' s lines
or facilities , shall include necessary paving , patching ,
grading and any other reasonable and necessary repair or
restoration to the pre-existing City roads , rights-of-way and
shall be to the satisfaction of the director.
All permits shall be applied for and given in the name of
the Grantee who shall be held responsible for all work done
thereunder , whether the work done thereunder is by the forces
of the Grantee , its contractors or by third parties connecting
to the lines or facilities of Grantee .
Before any work is performed under the permit , the
Grantee shall establish two wo or more reference marks to all
monuments and markers of every nature relating to subdivision,
plats , right-of-way and all other surveys within the permitted
area . The reference points shall be so located that they will
not be disturbed during the Grantee ' s operation under the
(� permit . 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
Xmarkers disturbed during construction shall be made as
V4 expeditiously as conditions permit and as directed by the
W4 director. The cost of monuments or other markers lost ,
destroyed or disturbed and the expense of replacement by
approved monuments shall be borne by the Grantee .
Grantor shall be named as an additional obligee on
performance bonds required by the District for any work within
the franchise area herein.
3. 09 Providing "As -Built" Drawings . The developer/
contractor shall maintain on the jobsite project plans marked
to indicate City-approved plan revisions made in the field and
other details of construction. The drawings shall be made
available upon completion of the project to the District for
use and preparation of "as -built" records. The developer shall
be responsible for the cost of any required "as -built"
drawings . A copy of these "as-built" drawings shall be
provided to the City.
3 . 10 Restoration of Right-of-Way. The Grantee shall be
responsible for and leave all City roads and rights-of-way in
good condition, after work on, under or adjacent to the City
roads or rights-of-way as the same were before such work. In
the event that the Grantee , its contractors or third parties
connecting to Grantee ' s lines or facilities under work permit ,
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JP iw
t '
shall fail to restore the City roads or rights-of-way to the
condition that pre-existed such .work to the satisfaction of the
director , the City reserves the right to make such repairs or
restoration to such roads or rights -of-way, and upon
presentation of an itemized bill for such repairs or
restoration, including the cost of 'Labor and equipment , the
Grantee shall pay the said bill within thirty (30) days . In
the event that suit is brought upon failure to pay the bill
within thirty (30) days , and upon judgment being entered in
favor of the City, Grantee shall further pay all the actual
costs , disbursements and attorney' s fees incurred thereby.
3 . 11A Removal or Relocation of Facilities Installed b
Grantee . Upon the relocation or change of grade by the public
authorities of any right-of-way described herein, any lines or
facilities , erected upon or within any portion of such
right-of-way, shall , if necessary, be removed by the Grantee at
its own expense so that it shall not interfere with the work of
relocation or change
of rade and
g g shall be reset in accordance
with the provisions above set forth so that the location and
elevation of such line or facility shall conform to the new
grade and location of the right-of-way. Grantee shall
Q likewise , at its own expense , upon demand of the director ,
X relocate any line or facility which shall interfere with a
V4 reasonably located driveway giving access to abutting
property. The City shall in no event be held liable for any
damages to said Grantee that may occur by reason of the City' s
improvements , repairs or maintenance or by the exercise of any
rights are reserved in this section.
3. 11B Competing Service Areas . In the event that the
parties have existing sewer lines parallel to one another and
subject to Chapter 35 . 13A, et seq. and further subject to any
assertion of jurisdiction by the Boundary Review Board and any
subsequent decision of the Boundary Review Board , the parties
agree that should the Water District need to replace a sewer
line or perform such substantial repairs to the sewer line that
the cost of repairs is equivalent to the value of the sewer
line , then the City of Renton shall have the right to provide
service to the customers in the City limits in that service
area.
3 . 11C Installation Codes . Grantee agrees that any new
sewer line installation or replacement done pursuant to this
agreement shall meet all requirements as set out in the current
or subsequently adopted :
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King County Water District No. 107 - Metro
Service Agreement and Specifications ;
King County Water District No. 107 Design and
Technical Specifications :
Parts II and III : Technical Specifications
- Sewer Extension ;
Part IV: Technical Specifications
Standard Sewer Details ;
Standard Specifications for Municipal Public
Works Construction of the American Public Works
Association ;
"Criteria for Sewage Works Design, " State of
Washington Department of Ecology - Revised Oct .
1985 ;
O Washington Administrative Code Section 173-240 ,
"Submi.ssion of Plans and Reports for Construction
of Wastewater Facilities" (DOE) ;
All other applicable state and federal
regulations and statutes regarding sewage works ,
design and hazardous waste disposal .
3. 12 Blasting Requirements . The laying , construction ,
maintenance and operation of the Grantee ' s system of lines and
facilities granted under this franchise shall not preclude the
City, its accredited agent , or its contractors from blasting ,
grading or doing other necessary roadwork contiguous to the
Grantee ' s lines and facilities , provided that the Grantee shall
have seventy-two ( 72) hours notice of said blasting or
excavating in order that Grantee may protect its lines ,
facilities and property.
3 . 13 Assignment of Rights to Third Party. The Grantee
shall have the right to assign its franchise provided , however ,
no such assignment shall be of any force or effect unless
written notice of such assignment shall be filed with the Clerk
of the Council within thirty (30) days thereafter , together
with an acceptance by the assignee in writing of all the terms ,
covenants and conditions of this franchise and an agreement of
such assignee to perform and be bound by all the terms and
conditions of this franchise .
All the provisions , conditions , regulations and
requirements herein contained shall be binding upon the
successors and assigns of the Grantee , and all privileges , as
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well as all obligations and liabilities of the Grantee , shall
inure to its successors and assigns equally as if they were
specifically mentioned wherever the Grantee is mentioned .
3. 14 Expiration and Renewal . All rights granted by this
franchise to City roads and rights-of-way shall apply to all
existing City roads and rights-of-way whether improved or
unimproved , and shall further include City roads and
rights-of-way acquired by the City after the date of execution
of this document .
If , upon expiration of this franchise , Grantee shall not
have applied for renewal of same , the City shall have the right
to remove such lines or facilities of the Grantee as are
reasonably necessary for the safe condition of the roads or
rights-of-way or facilities of other franchise holders and such
are reasonably necessary to remove for the construction,
renewing , altering or improving of such roads or rights-of-way,
and such as are reasonably necessary to remove for the
Q�
installation of lines and/or facilities of other franchise
Cit holders . Grantee shall be liable for the costs incurred in
0 such removal including the cost of labor and equipment ; .
provided that such removal is affected with two (2) years from
the expiration date hereof .
3 . 15 Right to Amend . The City reserves for itself the
right at any time upon ninety (90) days written notice to the
(� Grantee , to so change , amend , modify or amplify any of the
provisions or conditions herein enumerated to conform to any
state statute or regulation relating to the public welfare ,
health, safety or right-of-way regulation as may hereafter be
enacted , adopted or promulgated and this franchise may be
terminated at any time. if the Grantee ' s lines and facilities
are not operated or maintained in accordance with such statutes
or regulations .
3 . 16 Environmental Compliance . Grantee must conform to the
Washington State Environmental Policy Act and any amendments
thereto .
3 . 17 No Discrimination in Employment . In connection with
the performance of any work by the District or its agents
addressed herein, the District and its agents shall comply with
all federal , state and local codes , statutes and ordinances
prohibiting discrimination.
3 . 18 Penalty for Violation of Conditions . If the Grantee
shall violate or fail to comply with any of the terms ,
conditions or responsibilities of this franchise through
neglect or failure to heed or comply with any notice given the
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Grantee under the provisions of this franchise, the Council
may revoke, amend, alter,. change or supplement this
franchise provided , however , that the Council shall give
thirty (30 ) days written notice of its intention to do so,
during which period the Grantee shall have the opportunity
to remedy the failure to comply.
3 . 13 Franchise Fee. The Grantee shall annually pay to
the City a .franchise fee of five cents ( $ . 05 ) per lineal
foot of transmission sewer lines owned by the Grantee, lying
within City rights of way as described in paragraph 2. 02
herein. City and Grantee agree that Grantee owns
transmission and service lines and is responsible for
maintenance thereof.
3 . 20 Severance. This agreement shall be construed to
give effect to such purposes and uses under this franchise
which are consistent with economical and efficient service
rendered in the public interest. If any provision of this
franchise, or its application is determined to be invalid by
0 court of law, then the remaining provisions of the franchise
X shall continue and be valid unless the dominant purpose of
T-4 the franchise or the public interest herein is thwarted
9.4 thereby..
N 3 . 21 Recording. This agreement shall be recorded with
the King County Office of Records and Elections immediately
upon its execution by the parties herein.
E
S CTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX
4 . 01 The City and the District acknowledge disagreement
over the City' s right to impose water utility taxes on the
District' s gross revenues derived from parties receiving
service from the District located within Renton' s corporate
boundaries. The parties acknowledge the District' s refusal
to collect and transmit such utility tax to the City.
Therefore, the City hereby expressly reserves all rights to
make claim against the District for the payment of such
utility taxes.
SECTION 5: RESERVATION OF RIGHTS ; COMPREHENSIVE PLAN
APPROVAL
5 . 01 The parties herein reserve all rights provided
under applicable Washington law to approve, conditionally
approve, or reject the general Comprehensive Plan as
submitted by the other party.
CITY OF RENTON ( "Renton" ) KING COUNTY WATER DISTR T
NO. 107 ( °Di ;&Ct" )
By �, s �#, .)�Lil t7FX`� By
Its Ma'vor Its
ATTEST:
City Clerk
a as
The undersigned hereby accepts all the rights and privileges
of the above granted franchise subject to all the terms,
conditions, stipulations and obligations contained herein.
KING COUNTY WATER DIST T
NO 107 ( "Dist iq)t ) '
By
Its �� r
Dated this 11"4 day. of November , 1987.
CITY3 :51/10/30/87
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