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HomeMy WebLinkAbout108 92 357136 ~JH VOL.~PAGE ~c-?:sz. OF OffiCIAL RECORDS rf~. EOUEST OF 1 Yl.\.. L? I i ~ \V DY\L c-" j593 FEB -fa AM (): 33 STATE OF WASHINGTON COUNTY OF JEFFERSON M,Mrt" E.. GABOURY x JEFFERS!1'IHY AUOlTOR RESOLUTION8fi6. -- ~:}' DEHTJ In the matter of Granting a Non-Exclusive Franchise For Construction of An Effluent Line On County Road Rights of Way to Wally Pederson x x x x x WHEREAS, an Application for non-exclusive Franchise has been submitted by Wally Pederson, 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 July 27, 1992, 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) 3) The proposal is not in conflict with the Jefferson County Comprehensive Plan. The application was made by Wally Pederson in accordance with the Jefferson County Franchise Ordinance 2-81. The applicant will provide a surety or bond in the amount of $17,800 for maintenance and repair of the county road system as it relates to construction and operation of the effluent system. Installation and maintenance of a properly functioning septic system is in the interest of the public health and safety; the effluent line is necessary to transfer septic tank effluent from the waterfront to the drainfield area. The proposal is reflected in the application filed by Wally Pederson on 9 June, 1992, which is incorporated by reference herein. 4) 5) 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 sanitary sewer system, consisting of a 3-inch P.V.c. main, 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: Dickey Street, Peabody Way, and Southpoint Road. This non-exclusive franchise is granted upon the following express terms and conditions: Franchise: f PI8" It ~~ ' (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. 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. Wally Pederson effluent line, Peabody St., Dickey St., South Point Rd. VOL 402 'i\~f330 2 (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 prior to commencing any work. 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, the County Health Department, and the Department of Public Works. No construction shall commence until such time as the GRANTEE shall have received approval from the County Health Department for GRANTEE's drainfield plan. No construction shall commence until the Jefferson County Health Department submits in writing to the Department of Public Works that the effluent line design has met all of the setback requirements for any public water system, and that it meets the requirements for separation from the Bridgehaven Water System. (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. Execution of this resolution indicates that Resolution 82-92, Resolution Granting a Franchise, has expired and is null and void. ADOPTED THIS <1 't!- DAY OF fø~ ,1992. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: ATTEST: cJ ~~ UrYìAtC( \, ~ Lorna L. Delaney Clerk of the Board .. Franchise: APPROVED: ~t......-"::;'" Mark Huth Prosecuting Attorney Wally Pederson effluent line, Peabody St., Dickey St., South Point Rd. VOL 402. .~~r 331 3 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 Wally Pederson for construction, operation and maintenance of an effluent transport line, along and across the county roads rights of way described in Resolution No. 108-92, approved by the Board of Jefferson County Commissioners on the 9th day of November, 1992. Dated this / 7~ day of )~k--/L, 1992. ..- ~j/~ Æ .~ .. ... ... ... .. ... .. .. .. .. .. . .. .. . . . . .. . . .. .. . . . . ....... ..... .. .. ... ...... ....... .. .... .. .. ... .. . ) ) STATE OF'vVASHINGTON COUNTY OF JEFFERSON / 7~9¿? . Franchise: Wally Pederson effluent line, Peabody St., Dickey St., South Point Rd. VOL 402 ';'~i332