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Home My WebLink About018 94 (' I<.f:IJ,: f. t{), c!^- - /"1- 71 ~t-j'-;8t::c ul'# . 'l.ðU ~OriDEO ;rp1 all- vcb. PAGE ~d..p Of OffiCIAL RlCORDS ~~T b'V::> 199- DEC 2 I AM 9 39 ST ATE OF WASHINGTON COUNTY OF JEFFERSON RESOLUTION NO. '., ,. "".~'~f\:tRY ~(., è.. l.,:.-,C'..:v! ...r,.-rr._., ,. ""'\.".1 Y AU!'\fTOo .:' :-t.......:-.,:~ ..,t"",, 1<'\ V ., a!~PU!T 18 -94 In the matter of x Granting a Non-Exclusive Franchise On County Road Rights of Way to Sam Boling x x x WHEREAS, an Application for non-exclusive Franchise has been submitte~ by SA~ BOLING, a true copy of which is attached hereto, for the purposes set out In the saId application, and WHEREAS, the current application is identical to a previously approved franchise which Mr. Boling allowed to lapse prior to completion, and WHEREAS, hearing on the said application was held before the Board of County Commissioners of Jefferson County, Washington, on January 31, 1994, at the hour of 10:00 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) 2) The proposal is not in conflict with the Jefferson County Comprehensive Plan; Provision will be made through a bond to insure maintenance and repair of the county road system as it relates to construction and operation of the water system; 3) The water system will form an integral part of the fire protection services available for future development in the area; and 4) The proposal is reflected in the application filed by Mr. Boling on January 10, 1994, which is incorporated by reference herein. 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 water 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: That portion of the county road known as Black Point Road, County Road No. 242609, more descriptively shown on attached Exhibit A, and lying in Section 15, Township 25 North, Range 2 West, W.M. ., 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 a part of this Resolution. Resolution Granting Franchise: Sam Baling, BlacJc Point Rd. water system VOL 20 r.~C~ 257 ~i - 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. (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 County Engineer having recommended, and the Board of County Commis- sioners having set and approved the amount of $8,000 (Eight Thousand Dollars) for a surety bond pursuant to Section 19 or Ordinance 2-81, the GRANTEE shall obtain and execute with a corporate surety such bond or similar security, and furnish it to Jefferson County to ensure GRANTEE's performance of all obligations under this franchise and requisite permits. This amount is based on the GRANTEE's representation in the application of eight hundred feet (800') of six-inch (6") diameter PVC pipe. GRANTEE shall retain this account for the life of the water system's use of the franchise or untill the water system is accepted by a public entity. (5) 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. (6) 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. (7) The GRANTEE shall comply with all laws and regulations of the State of Washington, including creating and recording documents necessary to ensure the perpetual existence of the well protection radius as required by law, included, but not limited to, WAC 248-54 as now or hereafter amended. The GRANTEE shall supply copies of all agreements executed or recorded regarding the water system. ADOPTED THIS J1~A Y OF ~h~ 1994. FFERSON COUNTY BO D OF COMMISSIONERS I . '",;. ,. ,""'.þ ... SEAL: 'f ATTEST: ~~ if ~ en Huntingford, Lorna L. Delaney ~. ,PPROVED: Clerk of the Board (]/ ~ ---==.. Mark Ruth Prosecuting Attorney Resolution Granting Franchise: Sam Boling, Black Point Rd. water system VOI- 2 0 rAC~ 258 = - ACCEPTANCE OF FRANCmSE TERMS AND CONDITIONS I hereby accept the terms and conditions specified under Ordinance No. 2-81, for a Non-Exclusive Franchise granted to Sam Boling, for construction, operation and maintenance of a . 6" w~ter line main along and across the county roads tights of way described in Resolution No. --94, approved by the Board of Jefferson County Commissioners on the 31 st day of January, 1994. Dated this '2. tf day of ~j~ , 199;t. Mr. Sam Boling Applicant .f1. 1 ~ ~/^ -??~ A /'- Art Signaturè 7 ( .................................................................................................................................. . STATE OF WASHINGTON COUNTY OF JEFFERSON ) ) ss ~n. tJ:1is day personally appeared before me Mr. Sam Boling, 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. ,199 '-/ . , , f) ('r 1.5"" , 199L. I ¡ , Reoolution Granting Pnnch18e, Som 8oling, 8lock Pain; Rd. ...ter oyotem VOt 20 rAŒ 259 A ., .",."."" """". .