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Department of Public Works
o Regular Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director --J,91
November 15, 2010
To:
Agenda Date: ·
Subject:
Washington State Parks, Brinnon Sewer Main Franchise
Workshop and Public Hearing
Statement of Issue:.
Washington State Parks (WSP) has applied to Jefferson County for a non-exclusive
franchise to construct, maintain, and operate 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, Willamette Meridian. 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. The franchise would allow construction of the force main on the
following County Road rights-of-way: Brinnon Lane, Church Road, Corey Lane,
Dosewallips Road, Easy Street, and Schoolhouse Road. WSP has received a conditional
use permit from Jefferson County for the sewage system.
Public Works has submitted a Resolution to the Board granting a franchise to WSP.
The Board has scheduled a public hearing on November 15,2010 to take comments on
the franchise Resolution. Public Works has complied with the public notice
requirements of RCW 36.55 and posted the franchise resolution and public hearing
notice on the County's internet home page. The public comment period will be open
until 4:00 PM Friday November 19.
Attached are a map depicting the proposed route, a list of the franchise sections, and
the franchise Resolution.
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 Jli!fferson County and WSP.
Department of Public Works
o Regular Agenda
Page 2 of 2
. Section 2 describes the terms and conditions of the franchise. Section 2.4.1 sets
the Franchise term at 25 years. Section 2.4.4 provides an option to renew for an
additional 25 years.
. Section 3 Performance of Work establishes the requirements for WSP to install and
operate the facility within County Road rights-of-way.
. 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 negligence
on the part of WSP and its contractors.
. 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 - WSP Franchise Area lists the sections, townships, and ranges and
the County Roads in which WSP would be authorized to install and operate their
facility.
FiscallmpactlCost 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:
Prior to the public hearing, Public Works will conduct a brief workshop and answer
questions regarding the franchise Resolution.
Public Works is not requesting the Board to sign the franchise Resolution on November
15. After the close of the public comment period on November 19, Public Works will
compile comrrients and, if appropriate, prepare recommended revisions to the
franchise Resolution for consideration by WSP and the Board. If no significant
comments are received, Public Works will present the franchise Resolution for the
Board's signature on the Consent Agenda.
Department Contact: Jim Pearson, 385-9162
Reviewed By:
"
LC~~
Date
Philip Morley,