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HomeMy WebLinkAbout116 90 0(19 ~ ,PW J~-J'f-9lJ R..-<-;;~. .'......-~.~'";¡a. . ..,,-___4~ ",' · . 1 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO. 116-90 Granting a Non-Exclusive Franchise x On County Road Rights of Way to x Sam Boling on Black Point Road x WHEREAS, an Application for non-exclusive Franchise has been submitted by SAM BOLING, 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 August 13, 1990, at the hour of 10:30 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 consistent with the water requirements of the Brinnon Area Community Plan and the Jefferson County Comprehensive Plan; 2) 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 July 18, 1990, 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, as shown on Exhibit A, of the county road known as Black Point Boling Franchise: Black Point Road '/¡1:_ 16 rAGE 00 94t1 " ' ..~ \.. '0 2 Road, County Road No. 242609, 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-B1, 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 him to obtain a permit from the County Engineer before doing work under this non-exclusive franchise, the GRANTEE shall comply with all conditions of said permit and ordinance, 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 shall not be granted until determination by all appropriate County departments that the facility plan complies with the county comprehensive plan. (4) The County Engineer having recommended, and the Board of County Commissioners having set and approved the amount of Eight Thousand Dollars ($B,Ooo.OO) for a surety bond pursuant to Section 19 of Ordinance 2-B1. The GRANTEE shall obtain and execute with a corporate surety such bond and furnish it to Jefferson County to insure 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 (BOO) feet of eight (B) inch diameter Class 200 PVC pipe. (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 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. Boling Franchise: Black Point Road .)' f,,·,. 16 rA(;f 00 948 3 (7) The GRANTEE shall comply with all laws and regulations of the State of Washington, including creating and recording documents necessary to insure the perpetual existence of the well protection radius 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. J r ADOrrr:~J~!~;ª,~ ...~AY OF _~ ~ ,1990. I~..~ ~~ {,(~~'1' '" ',J " . BOARD F COUNTY COMMISSIONERS fJ, .~ ~~# " ,.:~ \~~ .. ¡.- \ ... T . J. ..~ '- ..... ~ - ..,.,.- ~ " , " .. iø.· . ~,; . . \ . ~,' l ,: :, j ",,':' L., -r.. to .... i, I~ J......, r ... fÞ '. .. ....' ~ · --~. . .' .. . ..... "I ~_"",:.. ,<iii . . ...'. . .. It S .) B.G, Brown, Member APPROVED: ~~~,~~,bâ~ (L/~AA/d:ø:--4v~~ / David R. Goldsmith, Director Planning Department ~~- Mark Huth Deputy Prosecuting Attorney APPLICA..~T ~~.. SA>! OLING . 7 ./ Boling Franchise: Black Point Road \ ¡ l~ " t/~... 16 rAr,E 00 949 . ' . ,. -¡ c¡t Lf 13t APPLICA TJON FOR FRANCHISE TO: ~ ß, b' Ä.D.A. Engineerinq Sam BOling 1014 Buchabush River Rd. Brinnon, Wa. 98320 Application to the County Commissioners of Jefferson County . Washington. for a franchise to. construct. operate. and maintain approx. 5,-5-:t-e*L.F. Waterllne consisting of <6"~ Diameter P.V.C. Class 200 pipe. *annroximate1y 800 1.£. waterline ,~;.ó?, upon. under. over. acr~. and along the rights of way of the county roads of Jefferson County. Washington. more particu- larly described as follows. to-wit: The Waterline will be located in the Southern most shoulder of Black Point Rd. in Jefferson County, Washington. Black Point Rd. is situated in the NW\, NE\, and SE\ of Section 15, Township 25 North, Range 2 West. The proposed waterline will serve the area shown on the enclosed plan. BY: FOR: :.~. -þ None of the roadway over which this franchise is request- ed is located within the limits of any incorporated city or town. The Applicant hereby requests that the BOARD OF COUNIY COMMISSIONERS fix a time and place for hearing this app1ication 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 francruse rights herein app~.-t2' DATED this1Z-dayof~ . 199L2. ~ fi/' (Ap~Iica'6t>" 7 (' '(j' I. By: l) Cl..rr\. / (/ (I Ì\ &1 J fRANCH 8I!-, BOI.ING. fI\.ACI( PO!NT RO, \. .\ ',11..'_. 16 rMI~ 00 ~) .50 r~ ~~)..) ~' -"...:: -: ~~ ~~!'ui .... i -l' \-'i!) < å L' III! ~,. '';¿ ..t "'1 \ '- \ \ \ \ cl \ \ -- -ß~ \ \ - ~~ \ w ~ \ ~ . C\J , " , " " , " , "- "- , , " , , ........,,~G ", \, ,::::I ~S ~ " , "-- \ \ \ ('<) r-- L --- --- ¢ L() J / "L <.0 '.'._,.. / / / / /; . // // -----.....-~. 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