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HomeMy WebLinkAbout026 01 ß. p.w· ")"'3 ·,3·DI H·D, } STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO. 26-01 Granting a Non-Exclusive Franchise x On County Road Rights of Way to x Maintain a Community Water System x WHEREAS, an Application for non-exclusive Franchise has been submitted by Hiddendale Community Club, Inc., a true copy of which is attached hereto, for the purposes set out in the said application, and WHEREAS, hearing on the said application was held before the Board of County Commissioners of Jefferson County, Washington, on November 6,2000, at the hour of2:00 p.m., pursuant to the provisions ofRCW 36.55, after notice given as required by law, and WHEREAS, it appears to be in the public interest to grant the said non-exclusive franchise request, based on the following findings of fact and conclusions: 1) The proposal is not in conflict with the Jefferson County Comprehensive Plan; 2) The proposal is reflected in the application filed by Gordon Anderson, President of the Hiddendale Community Club on July 7, 2000, which is made in accordance with the Jefferson County Ordinance 01-0103-00. 3) A surety bond in the amount of $19,000.00 posted by the applicant will provide for maintenance and repair of the county road system as it relates to maintenance and operation of the water system for the duration of the franchise. 4) Installation and maintenance of a properly functioning water system for drinking and fire protection purposes is in the interest of the public health and safety. NOW THEREFORE IT IS HEREBY RESOLVED that a non-exclusive franchise be and it is hereby granted to the applicant named above (GRANTEE) for a period of twenty-five (25) years from the date of this Resolution, to construct, operate and maintain a community water system, authorized under Title 56 RCW, including those common under Title 56 and 57 per 56.20.015, consisting of installation and service connections upon, under, over, across and along the rights of way of the county roads of Jefferson County, Washington, more particularly described as follows: Those county roads lying within the Plat of Hiddendale Tracts Addition recorded in Book 4, Page 71, Section 27, Township 27 North, Range 2 West, records of Jefferson County, Washington. This non-exclusive franchise is granted upon the following express tenus and conditions: (1) The said GRANTEE, its successors and assigns, shall have the right to enter only upon the above-described rights of way for the purpose of constructing its facilities and for operating, maintaining, repairing and using those facilities. (2) The terms and conditions of Jefferson County Ordinance No. 01-0103-00, an ordinance prescribing terms and conditions for franchise agreements granted by Jefferson County, are incorporated herein by reference and made a part of this Resolution. The GRANTEE, for itself, its successors and/or assigns, expressly agrees that it will strictly comply with the requirements of the said ordinance and any amendments thereto. The GRANTEE understands and acknowledges that the ordinance requires it to obtain a permit from the Public Works Department before doing work under this non-exclusive franchise and performing other actions relating to the franchised matter. (3) The GRANTEE shall submit a facility plan to the County Planning Department prior to beginning any work for review of all new proposed facilities exclusive of all service connections and appurtenances. Construction permits will be granted upon the determination that the facility plan complies with the county comprehensive plan. (4) The GRANTEE shall commence construction work under this non-exclusive franchise only after the effective date hereof, and after first securing necessary approvals and permits from the County Planning Department and the Department of Public Works. (5) The full acceptance of this non-exclusive franchise and all its terms and conditions within thirty (30) days from this date, by the GRANTEE, in writing, is to be filed with the Clerk of the Board of County Commissioners of Jefferson County and shall be a condition prec~dent tò its taking effect, and unless the non-exclu ive franchise is accepted within such . ~!mê, thí§~at~~~l~b~ n~ll and void. . . ADþPTED Ttb ' t " ~. ¡ '(. SEAL~ . ,'t ~ ,_·4 . ATT~.:r; DAY OF ,. ,2001. ',\'. " . . t " COUNTY OF JEFFERSON BOARD OF COMMISSIO l . ,. ; I . I~) f \ . : '-,; .:. :' APPROVED: «O~rÞ) 0 1 ,1 .. Lorna L. Delaney, Clerk ofthe Board