HomeMy WebLinkAbout013 99
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 13-99
Granting a non-exclusive Franchise
On County Road Rights of Way to
Pat and Odin Bakken
x
x
x
WHEREAS, an Application for non-exclusive Franchise has been submitted by Pat and
Odin Bakken, 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 befor~. the Board of County
Conunissioners of Jefferson County, Washington, on February 01,1999 at the hour of 2: p.m.,
pursuant to the provisions of RCW 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 the Bakken's on January 05,
1999, which is made in accordance with the Jefferson County Franchise
Ordinance 2-81.
3)
A surety 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 residential water line,
consisting of installation and a service connection upon, and along the rights of way of the
county road of Jefferson County, Washington, more particularly described as follows:
County Road No. 560209, Olele Point Road, in the Plat of Olele Point of Section 28,
Township 29 North, Range 1 East, Willamette Meridian.
This non-exclusive franchise is granted upon the following express terms 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. The facilities in said right
of way shall not be expanded, including additional services, without obtaining all
necessary permits and approvals.
(2) The terms and conditions of Jefferson County Ordinance No. 2-81, an ordinance
prescribing terms and conditions for franchise agreements granted by Jefferson County,
and Resolution 38-91, a Policy prescribing accomodation of utilities on County Road
Rights-of-Way, 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 County Engineer before doing work under this non-exclusive franchise and
performing other actions relating to the franchised matter.
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636 ',,~~í 488
(3) The GRANTEE shall submit an as-built plan to the County Public Works
Department within 60 days after completion of construction. Construction permits will
be granted, as needed, upon the determination that the as-built plan complies with the
county comprehensive plan.
(4) The GRANTEE shall commence future construction and maintenance 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
precedent to its taking effect, and unless the non-exclusive franchise is accepted within
such time, this grant shall be null and void.
ADOPTED THIS / À-t DAYOF-1.¡Lll rihF,1999.
JEFFERSON COUNfY
BOARD OF COMMISSIONERS
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A TrEST:", .- ,.'
Lorna L. Delaney
Clerk of the Board
APPROVED:
Juelie Dalzell
Prosecuting Attorney
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VOL 63fj !H~( 489
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ACCEITANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under Ordinance No. 2-81, and
Resolution 38-91, for a non-exclusive Franchise granted to Pat & Odin Bakken, for construction,
operation and maintenance of a single family waterline along and across the county roads rights
of way described in Resolution No., approved by the Board of Jefferson County Commissioners on
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the 1 day Of~, 1999.
Dated this d,J- V\-- dayof54 . , 1999
ODIN it. 1b~ f' R~~"c/a IlRl::le.Þ7
Applicant Name (PRINT)
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Applicant Signature
......................................................................................
......................................................................................
STATE OF WASHINGTON
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