File #: 2016-0521    Version:
Type: Ordinance Status: Passed
File created: 10/24/2016 In control: Budget and Fiscal Management Committee
On agenda: Final action: 11/7/2016
Enactment date: 11/17/2016 Enactment #: 18403
Title: AN ORDINANCE setting the reasonable compensation, fees and costs to be paid by a utility company applying for a franchise or using the right-of-way of county roads under a franchise, and authorizing a utility company to make a forbearance payment to King County; amending Ordinance 17515, Section 4, as amended, and K.C.C. 4A.675.020, Ordinance 17515, Section 8, as amended, and K.C.C. 4A.675.030, Ordinance 1710, Section 2, as amended, and K.C.C. 6.27.020, Ordinance 1710, Section 3, and K.C.C. 6.27.030, Ordinance 10171, Section 1, as amended, and K.C.C. 6.27.054, Ordinance 1710, Section 6, as amended, and K.C.C. 6.27.060, Ordinance 1711, Section 4, as amended, and K.C.C. 14.44.040 and Ordinance 11790, Section 1, as amended, and K.C.C. 14.44.055 and adding new sections to K.C.C. chapter 6.27.
Sponsors: Claudia Balducci, Dave Upthegrove, Kathy Lambert, Rod Dembowski
Attachments: 1. 18403.pdf, 2. 2016-0521 fee notice - Seattle Times 10-26-16, 3. 2016-0521_SR_Franchise Fee Agreements Hamacher.docx, 4. 2016-0521_ATT2_Striking_Amendment_S1.docx, 5. 2016-0521_ATT3_Title_Amendment_T1.docx, 6. PSE Public Comment re 2016-0521 at 11-01-2016 BFM Meeting.pdf, 7. 2016-0521_Revised_SR_Franchise Fee Agreements Hamacher.docx, 8. 18403 Amendment 1 -- 11-7-2016.pdf, 9. Affidavit of Publishing Seattle Times 10-26-16.pdf
Staff: Hamacher, Patrick
Title
AN ORDINANCE setting the reasonable compensation, fees and costs to be paid by a utility company applying for a franchise or using the right-of-way of county roads under a franchise, and authorizing a utility company to make a forbearance payment to King County; amending Ordinance 17515, Section 4, as amended, and K.C.C. 4A.675.020, Ordinance 17515, Section 8, as amended, and K.C.C. 4A.675.030, Ordinance 1710, Section 2, as amended, and K.C.C. 6.27.020, Ordinance 1710, Section 3, and K.C.C. 6.27.030, Ordinance 10171, Section 1, as amended, and K.C.C. 6.27.054, Ordinance 1710, Section 6, as amended, and K.C.C. 6.27.060, Ordinance 1711, Section 4, as amended, and K.C.C. 14.44.040 and Ordinance 11790, Section 1, as amended, and K.C.C. 14.44.055 and adding new sections to K.C.C. chapter 6.27.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. RCW 36.75.020 grants King County broad authority to establish and regulate the use of county roads.
B. RCW 36.55.010 authorizes King County "to grant franchises . . . to use the right-of-way of county roads . . . for the construction and maintenance of waterworks, gas pipes, telephone, telegraph, and electric light lines, sewers and any other such facilities."
C. RCW 80.32.010 authorizes the legislative authority of King County to grant authority and prescribe the terms and conditions for the construction, maintenance and operation of electrical lines for the transmission of electrical power upon, over, along or across the county streets and roads.
D. King County grants franchises to public and private utility companies that authorize the utility companies to use the right-of-way of county roads to provide utility service within King County and elsewhere. Franchises grant a valuable property right to utility companies to use the right-of-way, which allows the utility companies to profit and benefit from the use of the right-of-way in a manner not generally available to the public.
E. ...

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