HomeMy WebLinkAbout026 96STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of x
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
Mr. Thomas Graham x
RESOLUTION NO.
26-96
WHEREAS, an Application for non-exclusive Franchise has been submitted by Thomas
Graham, 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 December 18, 1995, at the hour of 11'15
a.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)
A surety posted by the applicant will provide for maintenance and repair of the
county road system as it relates to construction and operation of the septic
system;
3)
Installation and maintenance of a properly functioning septic system purposes is
in the interest of the public health and safety;
4)
The proposal is reflected in the application filed by Thomas Graham on
November 28, 1995, which is made in accordance with the Jefferson County
Franchise Ordinance 2-81;
NOW THEREFORE IT IS HEREBY RESOLVED that a non-exclusive franchise 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 an effluent line,
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:
County Road No. 574309, Hiller Drive, in Hiller's Waterfront Tracts in Section 7,
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.
(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,
are incorporated herein by reference and made tt 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.
RECORDED IN
·
-2 10:5 7
JEFFERSON COUNTY AUDITOR
B Y~-~D£PUT Y
VOL
(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.
Any co~tntction or installation of utilities ~ranted by this resolution shall compS, with
th~ t)rovisions of JelTerson County's Utility-AccommDdation Policy, Resolution No. 38-
91 ~nd with tlui prb-visions of th~ count. '~ Franchise Ordinance, 'Ordinance No. 2-81.
(5) The _full acceptance of this non-exclusive .franchise and all its terms and conditions.
within thirty. (30) days _from this date, by the GRAN1EE, in writing, is to be filed with
the Clerk of the Board of Count_ Commissioners of Jefferson Count. and shall be u
condition precedent to its taking effect, and unless the non-exclusive franchise is acceptea
within such time, this grant shall be null and void...
ADOPTED THIS / g/4t ~'~ .~
.DAY OF ,g,..4~ --_ , 1996.
SEAL:
ATTEST:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
~'Member
tx)ma L. Delan6y
Clerk of the Board
5.48
ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-81, for a Non-Exclusive Franchise granted to Thomas
Graham, for construction, operation and maintenance of a single
family effluent line along and across the county roads rights of
way described in Resolution No.26-96 , approved by the Board of
the .18th day of March, 1996.
Jefferson County Com.missione~
Dated this ~¢~ day of , 1996.
App±lcant Signature
STATE OF WASHINGTON )
ss
COUNTY o~0~h~i~¼ )
On this day personally appeared before me Thomas Graham, to me
known to be the individual described in and who executed the within
and foregoing instrument as his free and voluntary act and deed.
GIVEN ~u. nder my
_r/A~ roux, ,199.6.
Print: KOP~ O~S~< /1''
Notary Public in and for
The State of WashingtoD~.
residing at ~ ~ O~ ~>
hand and official seal
MY COMMISSION EXPIRES
548 ,,,.:323
APR 0 ~, i998