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HomeMy WebLinkAboutOrd 1751 - Water Distribution System Franchise with King County Water District #20 J .v 11LA ;..wq Ji iii s 1908 Tu kw iol a It O f Washington Ordinance No. #7 5" 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO WATER DISTRICT NO. 20, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF TUKWILA, WASHINGTON, FOR CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF TUKWILA, WASHINGTON; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Water District No. 20 was formed and authorized under Title 57 RCW (Water Districts) of the laws of the State of Washington; and WHEREAS, Water District No. 20 serves customers within the corporate boundaries of the City of Tukwila; and WHEREAS, RCW 35A47.040 provides authority for the City of Tukwila to permit and regulate under such restrictions and conditions as it may set by ordinance to grant franchise for the transmission and distribution of water when deemed in the best interests of the citizens of Tukwila; and WHEREAS, the City of Tukwila would like to preserve public -owned infrastructure which could be affected by the operations of the franchise and to ensure that any work done is in accordance with Tukwila development standards; and WHEREAS, it is necessary for the City of Tukwila to grant Water District No. 20 the right to use streets, avenues, roads, boulevards, alleys, lanes, and other public places and ways for the purpose of conveying water; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The right is hereby granted to Water District No. 20, hereinafter referred to as the Grantee, to lay, construct, extend, repair, renew and replace water pipes and mains and accessories under, along and /or across any and all streets, avenues, roads, boulevards, alleys, lanes and other public places and ways for the purpose of therein laying, constructing, extending, maintaining, renewing, replacing and repairing mains and pipes and all appurtenances thereto and accessories used and /or useful for the sale and distribution of water within and through the present or future territorial limits of the City of Tukwila, Washington, for the term of 25 years from and after the effective date of this ordinance, except as hereinafter provided. The WD20FRAN.DOC 8125195 1 location and nature of the franchise is all streets, alleys, lanes, public easements, and other rights -of -way throughout the City of Tukwila within said Water District. Section 2. The Grantee shall commence construction work, on all permits issued under this franchise, within six months from and after the issuance of the permit or the permit shall become void. Section 3. The location of the water pipe, laterals and appurtenances, their depths below surface of ground or grade of any road, street, avenue, alley or public place, shall be determined and fixed by the City of Tukwila and before any work is done by the Grantee under this franchise, it shall first file with the City of Tukwila an application for permit to do such work, accompanied by blueprints (permit form and blueprints in triplicate), showing the position and location of all mains laterals and extensions sought to be constructed, laid, installed or erected at the time, showing their relative property line upon points drawn to scale, designating said roads or streets by their names and number, showing widths of curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution lines, water pipelines, etc., as may exist on ground sought to be occupied. The Grantee shall specify the class and type of materials used shown in detail plats, equipment to be used and mode of safeguarding and facilitating the public traffic during construction. All such materials and equipment shall be new or like -new condition for its type and kind and manner of excavation, construction, installation, backfill and temporary structures as traffic turnouts, road obstructions, etc., shall meet with the approval, pass all requirements of and be constructed under the supervision of the City of Tukwila. The said Grantee shall pay to the City of Tukwila all costs of and expenses incurred in the examination, inspection and supervision of such work, on account of granting of said permit. Section 4. Traffic control shall comply with the Manual on Uniform Traffic Control Devices and the City of Tukwila Development Standards. The traffic control plan shall provide for safe and efficient traffic movement and shall be submitted for approval with the permit application. Section 5. The Grantee shall in no event allow construction by any contractor under contract with Grantee to occur in any area covered by the franchise granted herein, without restoring the surface to the condition specified in the permit and which complies with the City of Tukwila Development Standards. Section 6. In case of any damage to streets, alleys, avenues or public places, or to paved roadways, turnouts, gutters, ditches, wood or concrete walks, drain pipes, hand or embankment rails, bridges, trestles, wharves, or landings by the Grantee, the said Grantee agrees to immediately repair said damage at its own sole costs and expense in compliance with Tukwila Development Standards. Section 7. The City of Tukwila may, in the event the water district cannot respond in a timely manner, do, order and have done any and all work considered necessary to restore to a safe condition any such street avenue, alley, road or public place left by the Grantee or agents in a condition dangerous to life or property, and the Grantee, upon demand, shall pay to the City all costs including administrative overhead of such construction or repair and of doing such work. Section 8. The Grantee does hereby agree for itself to protect and save harmless the City of Tukwila or any of its agents from all claims, actions or damages of every kind and description which may occur to or be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment or maintenance, or by the improper occupation of said rights -of -way, by the said Grantee or by reason of the negligent, improper or faulty manner of safeguarding any excavations, temporary turnouts, or inefficient operation by the Grantee of its pipelines over said streets, avenues, alleys, roads and public places as hereinbefore designated, and in case that suit or action is brought against the said City of Tukwila for damages arising out of or by reason of the above mentioned causes, the Grantee will, upon notice to it of the commencement of said action, defend the same at its sole cost and expense, and in case judgment shall be rendered against the City of Tukwila in suit or action, will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined, if determined adversely to the City of Tukwila; provided that the Grantee herein shall have the right but not the obligation to WD2OFRAN.DOC 8/25/95 2 employ its own counsel in any case or action and be given the exclusive management of the defense thereof. The Grantee does hereby agree to repair any damage to the streets and roads over which it holds a franchise, and all other City improvements caused by the failure of the Grantee's work during the life of this franchise. Failure on the part of the Grantee to promptly repair the damaged work, upon notice from the City of Tukwila to do so, shall be warrant for the City to make necessary repairs and charge same to Grantee. Acceptance of the work by the City at the time of completion shall be no defense for avoidance of this covenant. Section 9. The laying, construction, maintenance and operation of said Grantee system of water pipe, laterals, service pipe, etc., granted under this franchise shall not preclude the City of Tukwila, its accredited agents or its contractors from blasting, grading or doing other necessary maintenance work contiguous to the said Grantee pipelines, providing that the Grantee shall have sufficient notice to said blasting or excavating in order that said Grantee may protect its lines of pipe and property. Section 10. If, at any time the City of Tukwila, deeming it advisable to improve any of its streets, avenues, alleys, road or public places as hereinbefore designated, by grading or regrading, or paving same, or altering, changing, repairing or re- improving same, the Grantee, upon written notice by the City of Tukwila, shall, at its own expense, immediately so raise, lower or move its line of pipes to conform to such new grades as may be established, or place said pipe in such location or position as shall cause the least interference with any improvements or work thereon as contemplated by the City of Tukwila, and said City shall in no way 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 so reserved in this section or grant. If the City of Tukwila improves streets, avenues, alleys, roads or public places, Grantee shall on written notice by the City of Tukwila, at its own expense, replace such pipe or pipes as may be in or through the improved subgrade of such improvement with pipe or pipes of such materials as shall conform to the specifications for the improvement of such streets, avenues, alleys, road or public places. Section 11. Before any work is performed under this franchise the Grantee shall reference all property corners, monuments and markers of every nature relating to subdivisions, plats, highways, and all other surveys. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City of Tukwila 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 City of Tukwila. 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. A complete set of reference notes for monument and other ties shall be filed with the City of Tukwila. Section 12. This grant or privilege shall not be deemed nor held to be an exclusive franchise. It shall in no manner prohibit the City of Tukwila from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any of the streets, avenues, roads, boulevards, and alleys, or public places and shall not in any way prevent nor prohibit the City of Tukwila from using any of said streets, roads, etc., or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocation's, repairs, maintenance, etc., of same as they may deem fit. Section 13. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee and all privileges of Grantee shall inure to itself, its successors and assigns equally as if they were specifically mentioned whenever the Grantee is mentioned. If within the term of the franchise granted hereunder the Grantee ceases to do business or is acquired by any one or more other jurisdictions, the City of Tukwila reserves the right to acquire, in fee simple, absolutely, the water distribution system and appurtenances thereto installed or operated by the Grantee pursuant to this franchise, including easements and other WD2OFRAN.DOC 8/25/95 3 real property interests associated therewith. Costs associated with or related to the isolation of the water distribution system installed or operated by the Grantee pursuant to this franchise shall be the shared responsibility of the City of Tukwila and any one or more neighboring jurisdictions. Due consideration shall be given the Grantee's other water distribution operations and systems and shall include an appropriate allowance for the cost of insuring that the Grantee's other water distribution operations and systems function properly and in accordance with applicable standards, therefore, including engineering and development costs, land acquisition costs, and capital equipment costs. Section 14. If the Grantee itself, its successors or assigns, shall willfully violate or fail to comply with any of the provisions of this grant, or through willful or unreasonable neglect fail to heed or comply with any notice given the Grantee under the provisions of this grant, then the said Grantee, itself, its successors or assigns shall have thirty (30) days to comply or forfeit rights conferred hereunder, and this franchise may be revoked or annulled by the said City of Tukwila. Section 15. The City of Tukwila reserves for itself the right at any time, upon a forty -eight (48) hour 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 county regulation relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, amended, adopted, changed, etc., and this franchise may be terminated at any time the same is not operated nor maintained, or efforts are not made to comply in accordance with its provisions, or at all. Section 16. If, within thirty days (30) after granting of this franchise the Grantee herein shall have failed to sign its written acceptance of same, then the herein granted rights and privileges shall be deemed forfeited and be declared null and void. Section 17. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF ILA, WASHINGTON, at a Regular Meeting thereof this ■-5 day of -4- 1995. ATTEST /AUTHENTICATED: e ec,•(,44.(_ e E. Cantu, City Clerk APPROVED AS TO FORM: 1 3 3 C 4 ,6 P Office of the City Attorney FILED WITH THE CITY CLERK: 8/3//9 .s PASSED BY THE CITY COUNCIL: 9/.s PUBLISHED: 7A3 /fS EFFECTIVE DATE: 9�/ s /y'S ORDINANCE NO.: 7s WD2OFRAN.DOC 8/25/95 W. a,,, Joyn W. Rants, Mayor 4 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 75/ AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO WATER DISTRICT NO. 20, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF TUKWILA, WASHINGTON, FOR CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF TUKWILA, WASHINGTON; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. On ,4/7 y3 City Council of the City of Tukwila passed Ordinance No. /'75 granting Water District No. 20 the right to use streets, avenues, roads, boulevards, alleys, lanes, and other public places and ways for the purpose of conveying water; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a cApy of the text. APPROVED by the City Council at its meeting of Published Seattle Times: 9 /j /,s 4a)ke E. Cantu, City Clerk 177,