SEATTLE CITY COUNCIL - Record No: CB 120544

• Record No: CB 120544
• Version: 1
• Council Bill No: CB 120544
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 5/9/2023
• Ordinance No: Ord 126816
• Title: AN ORDINANCE granting Qwest Corporation permission to continue maintaining and operating an existing utility tunnel under and across Seneca Street, east of 3rd Avenue; repealing Section 8 of Ordinance 123615; and providing for the acceptance of the permit and conditions.
• Sponsors: Alex Pedersen
• Supporting documents: 1. Summary Att A - Qwest Seneca St Tunnel Area Map, 2. Summary Att B - Annual Fee Assessment Summary, 3. Central Staff Memo, 4. Presentation (5/2/23), 5. Signed Ordinance 126816, 6. Affidavit of Publication

Date	Ver.	Action By	Action	Result
5/17/2023	1	City Clerk	attested by City Clerk
5/17/2023	1	Mayor	returned
5/17/2023	1	Mayor	Signed
5/11/2023	1	City Clerk	submitted for Mayor's signature
5/9/2023	1	City Council	passed	Pass
5/2/2023	1	Transportation and Seattle Public Utilities	pass	Pass
4/11/2023	1	City Council	referred
3/30/2023	1	Council President's Office	sent for review
3/22/2023	1	City Clerk	sent for review
3/22/2023	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE granting Qwest Corporation permission to continue maintaining and operating an existing utility tunnel under and across Seneca Street, east of 3rd Avenue; repealing Section 8 of Ordinance 123615; and providing for the acceptance of the permit and conditions.
body
WHEREAS, by Ordinance 123615, The City of Seattle granted permission to Qwest Corporation to maintain and operate a utility tunnel under and across Seneca Street, east of 3rd Avenue, for a ten-year term, renewable for two successive ten-year terms; and
WHEREAS, since the adoption of Ordinance 123615, The City of Seattle has established a practice for limiting the length of permit to one 15-year term, renewable for one successive 15-year term; and
WHEREAS, reflective of this change, Qwest Corporation submitted an application to the Director of Transportation to renew the permission granted by Ordinance 123615 for a 15-year term; and
WHEREAS, the permission authorized by Ordinance 123615 was due for renewal on July 6, 2020; and
WHEREAS, the utility tunnel provides a diesel fuel connection between 1122 3rd Avenue and 1200 3rd Avenue; and
WHEREAS, the obligations of Ordinance 123615 remain in effect after the ordinance term expires until the encroachment is removed, or Qwest Corporation is relieved of the obligations by the Seattle Department of Transportation Director, or the Seattle City Council passes a new ordinance to renew the permission granted; and
WHEREAS, Qwest Corporation has satisfied all the terms of the original authorizing ordinance and the Director of Transportation recommends that the term permit be renewed for 15 years subject to the terms identified in this ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Permission. Subject to the terms and conditions of this ordinance, The City of Seattle ("City") grants permission (also referred to in this ordina...