HomeMy WebLinkAboutOrd 2012 - Electric Light and Power System Franchise with Seattle City Light s\
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Washington
Ordinance No. O
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING
SEATTLE CITY LIGHT AN ELECTRIC UTILITY OWNED AND OPERATED
BY THE CITY OF SEATTLE, A MUNICIPAL CORPORATION A NON-
EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE
AND REPAIR AN ELECTRIC LIGHT AND POWER SYSTEM IN, ACROSS,
OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED
PUBLIC RIGHTS -OF -WAY OF THE CITY OF TUKWILA, WASHINGTON; PRO-
VIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the public
right -of -way; and
WHEREAS, RCW 35A.47.040 authorizes the City "to grant nonexclusive franchises for the use
of public streets, bridges or other public ways, structures or places above or below the surface of the
ground for...... poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances
thereof for transmission and distribution of electrical energy... and
WHEREAS, the Council finds that it is in the best interests of the health, safety and welfare of
residents of the Tukwila community to grant a non exclusive franchise to Seattle City Light for the
operation of an electric light and power system within the City right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING-
TON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definitions. The following terms contained herein, unless otherwise indicated,
shall be defined as follows:
1.1 Citv: The City of Tukwila, a municipal corporation of the State of Washington, specifically
including all areas incorporated therein as of the effective date of this ordinance and any other
areas later added thereto by annexation or other means.
1.2 Days: Calendar days.
1.3 Director The head of the Planning and Development Services Department of the City, or the
head of the Public Works Department of the City, or the designee of either of these
individuals.
1.4 Facilities: All wires, lines, cables, conduits, equipment and supporting structures, located in
the City's right -of -way, utilized by the grantee in the operation of activities authorized by this
ordinance. The abandonment by grantee of any facilities as defined herein shall not act to
remove the same from this definition.
1.5 Grantee: As incorporated or used herein, shall refer to Seattle City Light (SCL).
1.6 Permitiee: A person who has been granted a permit by the Permitting Authority, and SCL
operating under Section 6 of this agreement.
1.7 Permitting Authority: The head of the City department authorized to process and grant permits
required to perform work in the City's right -of -way, or the head of any agency authorized to
perform this function on the City's behalf. Unless otherwise indicated, all references to
Permitting Authority shall include the designee of the department or agency head.
1.8 Person: An entity or natural person.
SCL Franchise Ordinance
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1.9 Revenue: This term as used herein shall have the same meaning as utilized by the City of
Seattle in calculating the amount of utility tax payable by SCL to the City of Seattle.
1.10 Riaht- of -Wav: As used herein shall refer to the surface of and the space along, above and
below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway,
drive, utility easement, and /or road right -of -way now or hereafter held or administered by the
City of Tukwila.
1.11 SCL: Seattle City Light, an electric utility owned and operated by the City of Seattle, a
municipal corporation, and its respective successors and assigns.
Section 2. Franchise Granted.
2.1 Pursuant to RCW 35A.47.040, the City hereby grants to SCL, its heirs, successors and assigns,
subject to the terms and conditions hereinafter set forth, a franchise beginning on the effective
date of this ordinance.
2.2 This franchise shall grant SCL the right, privilege and authority, subject to the terms and con-
ditions hereinafter set forth, to construct, operate, maintain, replace and use all necessary
equipment and facilities for an electric light and power system in, under, on, across, over,
through, along or below the public right -of -way located in the City of Tukwila, as approved
under City permits issued by the Permitting Authority pursuant to this franchise and City
ordinances.
2.3 This franchise specifically does not authorize SCL to place facilities or to otherwise utilize facili-
ties in the City's right -of -way to provide telecommunications, cable television, point -to -point
data communications, or similar services either via wire or wireless technologies regardless of
whether these services are provided to any person outside SCL's organization, unless
approved by a separate agreement. This paragraph does not restrict SCL's ability to utilize
telemetric devices to monitor and operate its electrical distribution system or the usage of elec-
trical energy.
2.4 This franchise is granted upon the express condition that it shall not in any manner prevent
the City from granting other or further franchises in, along, over, through, under, below or
across any right -of -way. Such franchise shall in no way prevent or prohibit the City from
using any right -of -way or other City property or affect its jurisdiction over them or any part of
them; and the City shall retain the authority to make all necessary changes, relocations,
repairs, maintenance, establishment, improvement, dedication of the same as the City may
deem fit, including the dedication, establishment, maintenance and improvement of all new
rights -of -way or other public properties of every type and description.
2.5 Upon acceptance by the Grantee, this franchise shall supersede the existing franchise entered
into between the City and the Grantee in 1958, authorized by Tukwila Ordinance No. 262
and accepted by Seattle Ordinance 87631. Accordingly, once this franchise is accepted by the
Grantee, the 1958 franchise shall have no further force or effect as of the effective date of this
franchise.
Section 3. Franchise Term. The term of the franchise granted hereunder shall be for the
period of 15 years, counted from the last day of the calendar month in which this ordinance became
effective.
Section 4. Consideration. It is recognized by the City and by SCL that the City has the
authority to establish its own municipal electric utility, and the authority to acquire SCL electric distri-
bution properties in the City for that purpose.
4.1 In consideration for the City agreeing not to exercise such authority during the term of this
franchise, SCL agrees to the following:
4.1.1 SCL shall pay the City 4% in 2003 and 2004; 5% in 2005 and 2006, and 6% as of 2007 of the
amount of revenue derived from the power portion of SCL service to customers in the City;
and shall pay the City 4% in 2003 and 2004, 5% in 2005 and 2006, and 6% as of 2007 of the
amount of revenue derived from the distribution portion of SCL service to customers in the
City. The City retains the authority to change the above percentages, to a maximum of 6% on
the power portion of SCL service and to a maximum of 6% on the distribution portion of SCL
service during the course of the franchise upon one year written notice to SCL.
SCL Franchise Ordinance
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4.1.2 SCL shall not include any part of the power portion of the payment to the City provided in
Section 4.1.1 above as a component of any rate differential between customers served by SCL
in the City and customers served by SCL in other jurisdictions.
4.1.3 SCL shall not charge greater than a 6% differential in 2003 and 2004; a 7% differential in 2005
and 2006, and an 8% differential as of 2007 in the power portion of the rates to customers in
the City compared to the power portion of the rates charged to similar customers in the City of
Seattle; any differential in the power portion of the rates charged to customers in the City shall
be the result of a rate review process conducted by the Seattle City Council. The power por-
tion of SCL service to customers in the City is approximately 60% of the rates at the time of
entering into this franchise. Any subsequent shift in the proportion of power versus distribu-
tion in the rates to SCL customers in the City shall be the result of a rate review process
conducted by the Seattle City Council.
4.1.4 SCL shall provide the City with a good faith estimate and supporting information, within a rea-
sonable time from the City's request, of the likely differential rate impact on the distribution
portion of the rates in the City which, other than the payment related to the distribution
portion of SCL service under Section 4.1.1 above, may only be created by an operational
request or requirement of the City which is different from operational standards in other areas
served by SCL.
4.1.5 SCL shall appoint a member nominated by the City and other suburban cities to its Citizens'
Rate Advisory Committee who will represent the interests of suburban cities served in
whole or in part by SCL.
4.2 Should the City of Seattle be prevented by judicial or legislative action from collecting a utility
tax on all or a part of the revenues derived by SCL from customers in the City, SCL shall
reduce the payments to the City provided in Section 4.1.1 above by an equivalent amount;
and this entire Agreement may be terminated by the City at any time thereafter upon 180
days written notice. During such notice period, however, SCL and the City shall attempt to
agree upon acceptable substitute provisions.
4.3 Should a court of competent jurisdiction declare the consideration to be paid to the City in Sec-
tion 4.1.1 above invalid, in whole or in part, or should a change in law make the consideration
to be paid to the City in Section 4.1.1 above invalid, in whole or in part, this entire Agreement
may be terminated by the City at any time thereafter upon 180 days written notice. During
such notice period, however, SCL and the City shall attempt to agree upon acceptable, substi-
tute provisions.
4.4 Payments provided for under this section shall be paid monthly within 30 days following the
end of each month.
Section 5. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the
performance of the conditions of this franchise, including any reasonable ordinance made in the
exercise of its police powers in the interest of public safety and for the welfare of the public. The City
shall have the authority at all times to control, by appropriate regulations, the location, elevation, and
manner of construction and maintenance of any facilities of SCL located within the City's right -of-
way. SCL shall promptly conform with all such regulations, unless compliance would cause SCL to
violate other requirements of law.
Section 6. Right -of -Way Management. During the term of this franchise, SCL shall comply
with the provisions of Title 11 of the Tukwila Municipal Code, known as the "Right -Of -Way Use
Code."
Section 7. Undergrounding. SCL hereby affirms its understanding and agreement that its
activities within the City must comply with any undergrounding requirements established by the
City of Tukwila; provided, however, that any undergrounding resulting from Sound Transit construc-
tion shall not be considered an undergrounding requirement established by the City of Tukwila.
7.1 Information. SCL shall provide to the City of Tukwila, or any entity that has provided notice to
SCL of a joint trenching project pursuant to the City's undergrounding requirements, all rea-
sonably requested information regarding the nature and location of facilities installed, owned,
operated or maintained by SCL within a proposed undergrounding area. Said information will
be provided within a reasonable period of time, not to exceed 30 days following the request.
SCL Franchise Ordinance
Page 4
7.2 Notice. SCL shall respond to any notification of an undergrounding project proposed by the
City, within 45 days following such notification, with written commitment either to partici-
pate in the proposed project or to remove its facilities.
7.3 Cost. SCL agrees to bear its proportionate share of all costs common to participants in any joint
trenching project, and to bear the entire cost of all materials and labor particularly necessary for
the underground installation of its facilities and upon the completion of that installation the
removal of the overhead facilities replaced thereby.
7.4 Civil Works: SCL agrees to allow the City's construction contractors to provide civil works on
behalf of SCL for any underground installation of electrical facilities required by a road or other
construction project, provided that the City's contractors install such works in accordance with
SCL specifications, and provided that the installations are inspected, approved and accepted by
SCL. SCL further agrees to reimburse the City for the cost of all civil works accepted by SCL,
provided such costs are not unreasonable.
Section 8. Street Lighting. As a condition of placing its facilities in the public streets and as part
of the electric service it provides to its customers in Tukwila, SCL shall install, maintain and furnish
equipment and power for street illumination, in accord with policies and standards established by the
City of Tukwila.
Section 9. Implementation of Service Requirements.
9.1 Rate Information. SCL shall provide the City with copies of all studies, reports, memoranda or
other documents provided to the legislative branches of the City of Seattle regarding the estab-
lishment of the rates or any portion thereof to be charged to customers in Tukwila, within
seven days of the transmission of said documents to the legislative branches of the City of
Seattle. Tukwila shall be provided a reasonable opportunity to review said documents and to
comment or otherwise participate in Seattle's rate setting process. SCL shall ensure that the
City receives reasonable advanced notice of all public hearings, or other opportunities for the
City to represent the interests of SCL customers within Tukwila, during Seattle's rate setting
process.
9.2 City Council to Review Rates. The Tukwila City Council shall have the authority to establish
policies regarding the implementation of SCL service requirements included in Sections 7 and
8 of this ordinance. SCL shall assist the City Council in establishing these policies and in
determining the impact, if any, such policies may have upon SCL customers within the City
limits.
9.3 Amortization. The term of the Franchise herein notwithstanding, SCL shall amortize capital
expenditures incurred in order to meet the requirements of this franchise in accordance with
its standard financial policies.
9.4 Communication with City Customers. SCL will review with the City in advance any
planned communication to its customers in the City regarding the services and rates affected
by this franchise.
Section 10. Planning Coordination.
10.1 Growth Management. SCL agrees, as follows, to participate in the development of, and rea-
sonable updates to, the utilities element of the City's comprehensive plan:
10.1.1 For SCL's service within the City limits, SCL will participate in a cooperative effort with the
City of Tukwila to develop a Comprehensive Plan Utilities Element which meets the
requirements described in RCW 36.70A.070(4).
10.1.2 SCL will participate in a cooperative effort with the City to ensure that the Utilities Element of
Tukwila's Comprehensive Plan is accurate as it relates to SCL's operations, and is updated to
ensure it continued relevance at reasonable intervals.
10.1.3 SCL shall submit information related to the general location, proposed location, and capacity of
all existing and proposed electrical lines as requested by the Director within a reasonable time,
not exceeding 60 days from receipt of a written request for such information.
10.1.4 SCL will update information provided to the City under this Section 10 whenever there are
major changes in SCL's electrical system plans for Tukwila.
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Page 5
10.2 System Development Information. SCL will assign a representative whose responsibility
shall be to coordinate with the City on planning for CIP projects including those that involve
undergrounding. At a minimum, such coordination shall include the following:
10.2.1 By February 1 of each year, SCL shall provide the Mayor or his designee with a schedule of
its planned capital improvements, which may affect the right of way for that year;
10.2.2 SCL shall meet with the City, other franchisees and users of the right -of -way, according to a
schedule to be determined by the City, to schedule and coordinate construction; and
10.2.3 All construction locations, activities and schedules shall be coordinated, as required by the
Mayor or his designee, to minimize public inconvenience, disruption or damages.
10.3 Development of Right- of -Wav Standards. SCL herein agrees to provide the staff support neces-
sary to enable SCL to meaningfully participate in the City's ongoing development of right -of-
way standards. By way of illustration and not limitation, this participation shall include atten-
dance at City planning meetings, review and comment of documents proposed for adoption,
and any other activities that may be required in the formulation of right -of -way standards.
10.4 Coordination of Permitting Activities. The parties agree to attempt to reduce the number of
transactions at different locations that must be completed by a Tukwila applicant for a land use
permit as follows:
10.4.1 If the City provides office space at City Hall for SCL at no charge, SCL will assign a represen-
tative who will keep regular hours at City Hall pursuant to a schedule mutually acceptable to
both parties, so long as there is sufficient workload. The SCL representative will participate
with City staff in reviewing land use plans and permits requiring coordination with or
approval by SCL, including any project requiring new or changed electric service or ease-
ments within the City limits.
10.5 Emergency Operations. The City and SCL agree to cooperate in the planning and implementa-
tion of emergency operations response procedures.
Section 11. Service Quality. SCL shall exercise the same degree of technical, professional
and administrative quality in serving its customers in the City that is required within the electrical
energy industry and that is provided to all other customers with similar circumstances within SCL's
service territory. SCL shall at all times comply with the minimum regulatory standards presently in
effect or as may be amended for the sale and distribution of electrical energy.
Section 12. City Use of SCL Property. SCL owns properties and facilities in the City which
are essential to SCL's electrical utility operations. SCL will cooperate with the City in the same man-
ner as it does with the City of Seattle in aligning the operation and management of its property and
facilities to serve the goals and objectives of the City, including the City's use of SCL property for
public purposes, while at the same time protecting the safe and efficient operation of SCL's electric
utility.
12.1 Favorable Consideration of City Reauests. SCL shall give every favorable consideration to a
request by the City for use of SCL property, including requests by the City to use SCL prop-
erty for such public uses as public parks, public open space, public trails for non motorized
transportation, surface water management, or other specifically identified public uses.
12.2 Public Adoption of Proposed Uses. Each proposed use of SCL property by the City shall first be
approved by Council action consistent with the City's Comprehensive Plan.
12.3 Prior Approval Specific Plans by SCL. Prior to any installation, modification or extension of
any improvement on SCL property proposed by the City, the City shall supply SCL with
detailed drawings and specifications relating to such proposed development. No construction,
installation or modification shall be performed until the plans have been approved in writing
by SCL.
12.4 Permit for City Use of SCL Property. SCL shall provide the City with a separate permit, in a
form similar to that used for the City of Seattle, for each use of SCL property requested by the
City, which shall detail the terms of such use including provisions to assure the continued
safe and efficient operation of the electric utility.
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Section 13. Finance.
13.1 Annual Reconciliation. Unless otherwise provided herein, all charges between the parties,
except for charges for electrical service to specific City buildings, penalties, reimbursements
for breach or other forms of cure, and payment pursuant to Section 4.1.1, shall be accrued and
reconciled annually in accord with the following process:
13.1.1 Within 30 days of the anniversary of the execution of this agreement, or upon such other date
as the parties may agree, the parties shall exchange itemized invoices of charges that have
been incurred over the previous 12 -month period. Said invoice shall include all information
reasonably necessary to allow each party to evaluate the validity and magnitude of each
charge.
13.1.2 Each party shall have 45 days to provide the other with written notice disputing any specific
charge on the other's invoice. If an invoice is not disputed within this period, then the
invoice will be deemed accurate.
13.1.3 Undisputed charges shall be set off against each other. The party with a remaining balance due
after the set -off shall provide a reconciled invoice to the other party. Said invoice shall be satis-
fied within 45 days of its receipt.
13.2 Other Charges. Unless otherwise provided herein, charges between the parties shall be paid
within 45 days of the receipt of a written invoice for said charge.
Section 14. Indemnification.
14.1 SCL hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold
harmless the City, its elected officials, employees, agents and volunteers from any and all
claims, costs, judgments, awards or liability to any person, including claims by SCL's own
employees to which SCL might otherwise be immune under Title 51 RCW, arising from
injury, sickness or death of any person or damage to property by the negligent acts or omis-
sions of SCL, its agents, servants, officers or employees in performing activities authorized by
this franchise. SCL further releases and covenants not to bring suit, and agrees to indemnify,
defend and hold harmless the City, its elected officials, employees, agents and volunteers
from any and all claims, costs, judgments, awards or liability to any person (including claims
by SCL's own employees, including those claims to which SCL might otherwise have im-
munity under Title 51 RCW) arising against the City solely by virtue of the City's ownership
or control of the rights -of -way or other public properties, or by virtue of SCL's exercise of the
rights granted herein, or by virtue of the City's permitting SCL's use of the right -of -way or
other public property based upon the inspection or lack of inspection of work performed by
SCL, its agents and servants, officers or employees, in connection with work authorized on
the City's property or property over which the City has control, pursuant to this franchise or
pursuant to any other permit or approval issued in connection with this franchise. This
covenant of indemnification shall include, but not be limited to, claims against the City arising
as a result of the negligent acts or omissions of SCL, its agents, servants, officers or employees
in barricading, instituting trench safety systems, or providing other adequate warnings of any
excavation, construction or work in any right -of -way or other public place in performance of
work or services permitted under this franchise. If final judgment is rendered against the City,
its elected officials, employees, agents and volunteers, or any of them, SCL shall satisfy the
same.
14.2 Inspection or acceptance by the City of any work performed by SCL at the time of completion
of construction shall not be grounds for avoidance of any of these covenants of indemnifica-
tion. Said indemnification obligations shall extend to claims that are not reduced to a suit and
any claims that may be compromised prior to the culmination of any litigation or the institu-
tion of any litigation.
14.3 In the event SCL refuses to undertake the defense of any suit or any claim, after the City's
request for defense and indemnification has been made pursuant to the indemnification
clauses contained herein, and SCL'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 on the part of SCL, then SCL shall pay all of the City's costs and
expenses for defense of the action, including reasonable attorneys' fees of recovering under
this indemnification clause as well as any judgment against the City.
SCL Franchise Ordinance
Page 7
14.4 Should a court of competent jurisdiction determine that this franchise is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of SCL and the
City, its officers, employees and agents, SCL's liability hereunder shall be only to the extent of
SCL's negligence. This waiver has been mutually negotiated by the parties.
Section 15. Enforcement.
15.1 In addition to all other rights and powers retained by the City under this franchise, the City
reserves the right to revoke and terminate this franchise and all rights and privileges of the
Grantee in the event of a substantial violation or breach of its terms and conditions. Likewise,
SCL may terminate this franchise in the event of a substantial violation or breach of its terms
and conditions by the City.
15.2 A substantial violation or breach by a Grantee shall include, but shall not be limited to, the fol-
lowing:
15.2.1 An uncured violation of any material provision of this franchise, or any material rule, order or
regulation of the City made pursuant to its power to protect the public health, safety and wel-
fare;
15.2.2 An intentional evasion or knowing attempt to evade any material provision of this franchise or
practice of any fraud or deceit upon the system customers or upon the City;
15.2.3 Failure to begin or substantially complete any system construction or system extension as set
forth in a franchise or right -of -way use agreement;
15.2.4 Failure to provide the services specified in the franchise;
15.2.5 Misrepresentation of material fact during negotiations relating to this franchise or the imple-
mentation thereof;
15.2.6 A continuous and willful pattern of grossly inadequate service and failure to respond to legiti-
mate customer complaints; or
15.2.7 An uncured failure to pay fees associated with this franchise.
15.3 No violation or breach shall occur which is without fault of the Grantee or the City, or which
is as a result of circumstances beyond the Grantee's or the City's reasonable control. Neither
the Grantee nor the City shall be excused by economic hardship nor by nonfeasance or
malfeasance of its directors, officers, agents or employees; provided, however, that damage to
equipment causing service interruption shall be deemed to be the result of circumstances
beyond a Grantee's or the City's control if it is caused by any negligent act or unintended
omission of its employees (assuming proper training) or agents (assuming reasonable dili-
gence in their selection), or sabotage or vandalism or malicious mischief by its employees or
agents. A Grantee, or the City, shall bear the burden of proof in establishing the existence of
such conditions.
15.4 Except in the case of termination pursuant to Paragraph 15.1.5 of this section, prior to any ter-
mination or revocation, the City or the Grantee shall provide the other with detailed written
notice of any substantial violation or material breach upon which it proposes to take action.
The party who is allegedly in breach shall have a period of 60 days following such written
notice to cure the alleged violation or breach, demonstrate to the other's satisfaction that a
violation or breach does not exist, or submit a plan satisfactory to the other to correct the viola-
tion or breach. If, at the end of said 60 -day period, the City or the Grantee reasonably believes
that a substantial violation or material breach is continuing and the party in breach is not taking
satisfactory corrective action, the other may declare that the party in breach in default, which
declaration must be in writing. Within 20 days after receipt of a written declaration of default
from, the party that is alleged to be in default may request, in writing, a hearing before a
"hearing examiner" as provided by the City's development regulations. The hearing examin-
er's decision may be appealed to any court of competent jurisdiction.
15.5 The City may, in its discretion, provide an additional opportunity for the Grantee to remedy
any violation or breach and come into compliance with this agreement so as to avoid the ter-
mination or revocation.
SCL Franchise Ordinance
Page 8
15.6 In addition to any other remedy provided for herein for violation of any provision, or failure to
comply with any of the requirements of this franchise, the City may levy liquidated damages
of up to $500.00 for each of the first five days that a violation exists, and up to $1,000.00 for
each subsequent day that a violation exists. Payment of such liquidated damages shall not
relieve any person of the duty to correct the violation.
15.7 Any violation existing for a period greater then 30 days may be remedied by the City at the
Grantee's expense.
Section 16. Survival. All of the provisions, conditions and requirements of Section 6, "Right -of-
Way Management and Section 14, "Indemnification of this franchise shall be in addition to any
and all other obligations and liabilities SCL may have to the City at common law, by statute, or by
contract, and shall survive the City's franchise to SCL for the use of the areas mentioned in Section 2
herein, and any renewals or extensions thereof. All of the provisions, conditions, regulations and
requirements contained in this franchise ordinance shall further be binding upon the heirs, succes-
sors, executors, administrators, legal representatives and assigns of SCL, and all privileges, as well as
all obligations and liabilities of SCL inure its heirs, successors and assigns equally as if they were
specifically mentioned wherever SCL is named herein.
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 franchise ordinance. The parties may amend, repeal, add, replace or modify
any provision of this Franchise to preserve the intent of the parties as expressed herein prior to any
finding of invalidity or unconstitutionality.
Section 18. Assignment. This franchise shall not be sold, transferred, assigned, or disposed
of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise,
without the written approval of the City. Any costs associated with the City's review of any transfer
proposed by the Grantee shall be reimbursed to the City by the Grantee.
18.1 An assignment of this franchise shall be deemed to occur if there is an actual change in control
or where ownership of 50% or more of the beneficial interests, singly or collectively, are
obtained by other parties. The word "control" as used herein is not limited to majority stock
ownership only, but includes actual working control in whatever manner exercised.
18.2 Except as otherwise provided herein, the Grantee shall promptly notify the City prior to any
proposed change in, or transfer of, or acquisition by any other party of control of the Grantee's
company. Every change, transfer, or acquisition of control of the Grantee's company shall
cause a review of the proposed transfer. In the event that the City denies its consent and such
change, transfer or acquisition of control has been effected, the Franchise is terminated.
Section 19. Notice. Any notice or information required or permitted to be given to the parties
under this franchise may be sent to the following addresses unless otherwise specified:
Superintendent of Seattle City Light Tukwila Public Works Director
700 Fifth Avenue, Suite 3100 6200 Southcenter Boulevard
Seattle, WA 98104 -5031 Tukwila, WA 98188
Phone: 206 684 -3200 Phone: 206 433 -0179
Fax: 206 684 -3158 Fax: 206 431 -3665
Section 20. Non Waiver. The failure of either party to enforce any breach or violation by the
other party of any provision of this Franchise shall not be deemed to be a waiver or a continuing
waiver by the non breaching party of any subsequent breach or violation of the same or any other
provision of this Franchise.
Section 21. Alternate Dispute Resolution. If the parties are unable to resolve disputes aris-
ing from the terms of this franchise, prior to resorting to a court of competent jurisdiction, the parties
shall submit the dispute to a non binding alternate dispute resolution process agreed to by the parties.
Unless otherwise agreed between the parties or determined herein, the cost of that process shall be
shared equally.
Section 22. Entire Agreement. This franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein, and no other agreements or under-
standings, written or otherwise, shall be binding upon the parties upon execution and acceptance
hereof
SCL Franchise Ordinance
Page 9
Section 23. Directions to City Clerk. The City Clerk is hereby authorized and directed to
forward certified copies of this ordinance to the Grantee set forth in this ordinance. The Grantee shall
have 60 days from receipt of the certified copy of this ordinance to accept in writing the terms of the
franchise granted to the Grantee in this ordinance.
Section 24. Publication Costs. In accord with State law, this ordinance shall be published in
full. The costs of said publication shall be borne by the Grantee.
Section 25. Effective Date. If accepted by the Grantee, this ordinance shall take effect and be
in full force as of March 1, 2003. The City Clerk is hereby directed to publish this ordinance in full.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 2,1 day of v 2003.
U N
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
?lba
Jane E. Cantu, CMC, City Clerk
PPROVE AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
a1 03
01 -21-
d1 -2q-Q3
003 63_
2612,
January 30, 2003
Dear Sir:
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
Superintendent of Seattle City Light
700 Fifth Avenue, Suite 3100
Seattle, WA 98104 -5031
Attn:
RE: Franchise Agreement
On January 21, 2003, the Tukwila City Council adopted Ordinance No.
2012 granting Seattle City Light a non exclusive franchise to construct,
maintain, operate, replace and repair an electric light and power system
in, across, over, along, under, through and below certain designated
public rights -of -way of the City of Tukwila.
Per Section 23 of the ordinance, I am forwarding to you certified copies
(2) of the ordinance.
Please note that Section 24 directs the ordinance be published in full
with costs of the publication paid by the Grantee. Upon publication of
the ordinance, please return a copy of the Affidavit of Publication to the
City Clerk's Office for our files.
You may contact me at 206 433 -1830 should you have questions.
Sincerely,
E. Cantu, CMC
ty Clerk
C: J. McFarland, City Administrator
A. Doerschel, Finance Director
J. Morrow, Public Works Director
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
F.E flPY
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING SEATTLE CITY LIGHT,
AN ELECTRIC UTILITY OWNED AND OPERATED BY THE
CITY OF SEATTLE, A MUNICIPAL CORPORATION, A NON-
EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN,
OPERATE, REPLACE AND REPAIR AN ELECTRIC LIGHT AND
POWER SYSTEM, IN, ACROSS, OVER, ALONG, UNDER,
THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC
RIGHTS -OF -WAY OF THE CITY OF TUKWILA, WASHINGTON.
On January 21, 2003, the City Council of the City of Tukwila passed
Ordinance No. 2012, granting Seattle City Light a new lo nex-cl sive franchise
for a term of 15 years in order to allow the collection of L orAwila;
setting the amounts of revenue derived from the power portion of Seattle City
Light service and the distribution portion of Seattle City Light service; 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
copy of the text.
APPROVED by the City Council at its meeting of January 21, 2003.
ga})ie E. Cantu, CMC, City Clerk
Published Seattle Times: January 24, 2003