ORDINANCE NO. 668
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, GRANTING TO PIERCE COUNTY THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR TWENTY YEARS TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A SANITARY SEWER SYSTEM IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE PUBLIC RIGHTS-OF-WAY OF THE CITY; AGREEING NOT TO ESTABLISH A CITY-OWNED SEWER UTILITY IN COMPETITION WITH PIERCE COUNTY SUBJECT TO MONTHLY COMPENSATION; DEDICATING FRANCHISE FEES TO THE STREET FUND; AND SETTING AN EFFECTIVE DATE
WHEREAS, the City of University Place (the “City”) has authority to grant franchises for the use of its public streets and other public properties pursuant to Chapter 35A.47.040 RCW; and
WHEREAS, Pierce County, a political subdivision of the State of Washington (the “County”), through its Department of Public Works and Utilities owns, operates and maintains a sanitary sewer system, which includes a wastewater treatment plant, throughout portions of Pierce County, as well as within the City, pursuant to Chapter 36.94 RCW; and
WHEREAS, the County provides sewer service in the City; and
WHEREAS, the County and the City have negotiated the contractual requirements contained within the franchise and desire to enter into a franchise agreement substantially as set forth in the attached Sewer Franchise Agreement to install, operate and maintain the County’s system of sewerage in the public rights-of-way of the City; and
WHEREAS, the City will dedicate all franchise fees received from the County in connection with the attached Sewer Franchise Agreement to the Street Fund;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Granting a Sewer Franchise to Pierce County. Pierce County is hereby granted a franchise to construct, operate, maintain, remove, replace and repair all necessary facilities for a sanitary sewer system in, under, on, across, over, through, along or below the public rights-of-way located in the City, as approved under City permits issued pursuant to applicable City codes and regulations, as set forth in the Sewer Franchise Agreement between the City of University Place and Pierce County, substantially in the form attached hereto and incorporated herein by reference.
Section 2. Dedication of Fees. The City Council hereby dedicates all franchise fees received from the County in connection with the attached Sewer Franchise Agreement to the Street Fund.
Section 3. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.
Section 4. Completion of Transaction. The City Manager is authorized to take and execute any additional measures or documents that may be necessary to complete this transaction, which are consistent with the approved form of documents attached, and the terms of the Franchise Agreement.
Section 5. Publication and Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect (5) days after passage and publication of an approved summary thereof consisting of the title.
PASSED BY THE CITY COUNCIL ON MAY 16, 2016.
Javier H. Figueroa, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 05/23/16