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Home My WebLink About090 92 .' OJ'(f~. -fv r: W. /ð -()(;<-'j,).. » STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO, 90-92 Granting a Non-Exclusive Franchise On County Road Rights of Way to G.A.B., Inc. x x x WHEREAS, an Application for non-exclusive Franchise has been submitted by G.A.B., 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 January 27, 1992, at the hour of 10:45 a.m., pursuant to the provisions of RCW 36.55, after notice given as required by law, and was continued to August 10, 1992, at 10:30 a.m., 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: 5) 6) 1) The application was made by G.A.B., Inc., in accordance with the Jefferson County Franchise Ordinance 2-81; The proposal is not in conflict with the Gardiner Community Plan; 2) 3) 4) The proposal is not in conflict with the Jefferson County Comprehensive Plan; Installation and maintenance of a properly functioning irrigation system which will provide water for experimental agricultural purposes is in the interest of the public health and safety, as indicated by Dept. of Ecology issuance of a temporary permit; Provision will be made through a bonded insurance company to insure maintenance and repair of the county road system as it relates to construction and operation of the irrigation system; The proposal is reflected in the application filed by G .A.B., Inc., on December 19, 1991, 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 gravity-feed agricultural irrigation 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: Gardiner Beach Road, County Road No. 502009, extending approximately 0.40 miles westerly of Rondelay Road, County Road No.501709. .. 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 FRANCHISE: GA.B., Inc.; irrigation system; Gardiner Beach Rd. 1 'f~'. 18,""-.00 959 ./" /' ..... ,,/ 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 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 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 franchise is granted solely for the purpose of supplying water for agricultural use. A public water system exists in the area and there is no need for additional domestic water supply. Any use inconsistent with the agricultural purposes stated by the GRANTEE shall cause immediate revocation of this franchise. GRANTEE shall thereupon remove all apparatus and facilities from the right of way. (5) The GRANTEE shall commence construction work under this non-exclusive franchise only after the effective date hereof, and after first submitting a construction bond as approved by the County Engineer, and securing necessary approvals and permits from the County Planning Department and the Department of Public Works. . (6) The GRANTEE shall contact all others holding franchises in the vicinity to inform them of any work which GRANTEE intends to perform in previously franchised areas. (7) 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. ~- ,", . #:.,"~'.1,YCO,'o(',' .~....~ ",.fI-, ",,:r;'~11 ..':.!','. , ;(c-,~. ,;...." . -, --:-- ~. ì , 'fit,' .l. "...,¡'" ., ..... '\ ¡r.,".~' . . '. ;e' ',', \ ~ " ., ' \ ,,) ,.~' .",," 'lei' , .. ," -.' . ' ! ";!'!..;,-',' "',' " i, ,/ " '. ' ,"'" -.'. . I "..:~ ,,:, " ,.., "." ' ", ' "" '-' "'. ~ .' .. 8, . ,,~ ".' ,é' ../.' / , 'v . ,. .0(. / '\ ~,,-. "" " ),," SEAL: ,/ [ .9 ~ 0 'I t. ~ ./ A'TIEST '. "0 r',' ~ : -. ,..,,-..-;' (8) GRANTEE agrees by acceptance of this franchise to assume sole responsibility for damages or claims of any kind arising from work performed pursuant hereto. GRANTEE further agrees to indemnify and hold harmless Jefferson County for and against any actions or claims filed as a result of such damages. ADOPTED THIS 5 ~ DAY OF Or!Í ~~ ,1992. JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~~ ~ "".r ~~ ~ f1J2~ rna L. Delaney Clerk of the Board APPROVED: < ~ (.... -- Mark Ruth Prosecuting Attorney FRANCHISE: GAB., Inc.; irrigation system; Gardiner Beach Rd. 2 'ø.. ,', 18tA.~ OP 960 (fJL (d. - 7!ft/J a, &iuPv Ifr~~ rCf¡ APPLICATION FOR FRANCHISE TO: THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON BY: ~ G.ß.P::. ~ ~ ~ ~g~ReS~~ ~~:~ ~ Application to the County Commissioners of Jefferson County, Washington, for a franchise to construct, operate, and maintain V ~ . t :Ç'. bU W " consisting of ~'I ~D..4ÞcÙ..~ -f<S2.D wA1-4A. L¡N(..~ Ac'7f5~~ llAlve-s upon, under, over, across, and' along the rights of way of the county roads of Jefferson County, Washington, more particularly described as follows, to-wit: G ~D~e..e.. ~~ QoÂ~ P\ CS S~ f\...) -t tJ po.. T\ A:cY\ ~ ) :t. V'2- tv' 'd e.. . , None of the roadway over which this franchise is requested is located within the limits of any incorporated city or town. The Applicant hereby requests that the BOARD OF COUNTY COMMISSIONERS fix a time and place for hearing this application and cause the Auditor of said County to give public notice thereof in the manner provided by law, and that upon such hearing the Board make and enter a proper order granting to this Applicant, its successors and assigns, the franchise rights herein applied for. DATED this ~ day of &:4. g, jAJc. GA. bj¡Jc~1 pp. n. .-c? : 1/\ . Igna ure /) l.1J .J E12- ~ Phone: -=r:t ~ -~ b Co 0 -- ~c.k ïU <5 0 ( fF«:,J -e.c::t' f'I\~~ .,'1('- 18 ~~ 00 961 ? , 199.L. 4';7 /tfa ~ ../J cf 0 .:::: CLALLAM ClJ - - JEFFERSON CO -~ Þo-1'?" NOTE: ALL COUNT) ARE 60' WI[ SPECI FlED. 60 O/'S'c OV~/?r 84 ~ RIVATE ASEMENT Gardiner ..-.- ---- ------- ----.:.à,'-~~ OLD GARDINER HWY. -~ -----"~f- --=." ~~o~. ~ . -----, . ~~ . --. -ST,nE HIGHWAY 200-.. -", ------- -----......... _PERMIT ..-/. ~ ~' ::::---.. ~ " "- " . ~- '--'-' !)G2'.. .CC?UNTY ROA -.....:: ,------ ~::-::--',,::::::--,,- 18 --ç-flft - - 24 -- -....;;---::::--. ,~,.. -' """"""""'- '\....... --...:...-:_~ I......... . '-/-- .