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Department of Public Works
o Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director7}J
To:
Agenda Date:
October 25, 2010
Subject:
Washington State Parks, Brinnon Sewer Main Franchise
Schedule Public Hearing
Statement of Issue:
Washington State Parks (WSP) has applied to Jefferson County for a non-exclusive
franchise for a sanitary sewer force main within County Road rights-of-way located in
Section 2, Township 25 North, Range 2 West and Sections 34 and 35, Township 26
North, Range 2 West. The force main would convey sewage effluent from the
Dosewallips State Park through Brinnon to a treatment and disposal facility located on
property owned by WSP adjacent to Church Road. WSP has received a conditional use
permit from Jefferson County for the sewage system.
Attached for the Board's review and consideration in a public hearing is a Resolution
granting WSP a franchise to locate the force main in the following County Road rights-
of-way: Brinnon Lane, Church Road, Corey Lane, Dosewallips Road, Easy Street, and
Schoolhouse Road.
Also attached is a public hearing notice for a Board of Commissioners public hearing
on the franchise Resolution at 10:30 AM on November 15,2010.
Analysis/Strategic Goals/Pro's 8: Con's:
Significant franchise terms and conditions:
. The express terms and conditions of the franchise constitute a binding contract
between Jefferson County and WSP.
. Section 2 describes the terms and conditions of the franchise. Section 2.4.1 sets a
25 year franchise term. Section 2.4.4 provides an option to renew for 25 years.
. Section 3 Performance of Work establishes the requirements for WSP to install and
operate the facility within County Road rights-of-way.
Department of Public Works
o Consent Agenda
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. Section 4 Relocation describes the process and requirements for WSP to relocate
its facilities to accommodate County Public Improvement Projects.
. Section 8.1 requires WSP to reimburse the County for its expenses related to
approving permits or the franchise and for plan reviews and inspections.
. Section 9 indemnifies the County against third party claims related to WSP's
negligence.
. Section 10 establishes WSP's insurance requirements.
. Section 12 establishes a dispute resolution procedure.
. Section 13 establishes standards and procedures for terminating the franchise in
the event of significant non-compliance.
. Section 14 establishes a procedure for WSP to transfer the franchise.
. Attachment A - Franchise Territory lists the sections, townships, and ranges and
the County Roads where WSP would be authorized to install the facility.
Fiscal Impact/Cost Benefit Analysis:
The franchise requires WSP to reimburse the Department for its staff time expense in
preparing the franchise and for the expense of publishing and posting the public
hearing notice and filing the franchise with the County Auditor.
Recommendation:
The Department requests that the Board schedule a public hearing on the franchise
Resolution at 10:30 AM on November 15, 2010 and direct the Chair of the Board to
sign the attached public hearing notice. The notice will be published in the Leader on
October 27 and November 3.
As per the requirements of RCW 36.55, public hearing notices will be posted at three
locations in Port Townsend. Public hearing notices will also be posted at the
Dosewallips State Park and other public locations in Brinnon.
Public Works will provide the franchise Resolution and public hearing notice to other
County Departments and affected agencies for review and post it on the County's
Internet Home Page.
Public Works will conduct a brief workshop and answer questions on the franchise
Resolution immediately before the public hearing.
Department Contact: Jim Pearson, 385-9162
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RevieVieCJ)By: /
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