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HomeMy WebLinkAbout002 04 , , , I I IIlIlIUlllrl1 II ~~~J.~~~", Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 When Recorded return to Jefferson County Public Works Section 33, Township 29 North, Range 1 East 921332034 ------------------------------------------------------------------------------------------------------------------------- STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO. 02-04 Granting a Non-Exclusive Franchise x On County Road Rights of Way to x Maintain a Water System x WHEREAS, an Application for non-exclusive Franchise has been submitted by Mats Mats Beach Homeowner's Association, a true copy of which is attached hereto, for the pmposes 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 November 24, 2003, at the hour of 10:05 a.m., pursuant to the provisions ofRCW 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) The proposal is reflected in the application filed by Michael S. Szatlocky, P .E., representative for the Mats Mats Beach Homeowner's Association on September 5, 2003, which is made in accordance with the Jefferson County Ordinance 01-0103-00. 3) A surety in the amount of $21,000.00 shall be posted by the applicant which will provide for maintenance and repair of the county road system as it relates to maintenance and operation of the water system for the duration of the franchise. 4) Installation and maintenance of a properly functioning water system for drinking and " 1 -- ··llllllllInllfml::"~~~:H' Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 fire protection purposes is in the interest of the public health and safety. 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 (20) years from the date of this Resolution, to construct, operate, maintain and repair a water system and all necessary appurtenances in, along, under and across the right-of-ways, 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 Mats Mats Beach Road, County Road #558009, beginning at the westerly boundary of Section 33, Township 29 North, Range 1 East, thence easterly to, and including, the intersection Bayview Dr.; thence southerly along S. Bayview Drive, County Road #558909. S. Bayview Dr. is located within the plat of Mats Mats Beach recorded in Book 3, Page 21, Section 33, Township 29 North, Range 1 East, records of Jefferson County, Washington. Mats Mats Beach Rd. is located along the north boundary of the Plat of Mats Mats Beach. 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. 01-0103-00, 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 perfonning other actions relating to the franchised matter. Conditions associated with such permits will define the requirements for installation such as cover (a minimum of 30 vertical inches below the finished surface or the bottom of the ditch), encasements or other such methods as defined in the Ordinance Establishing Accommodations of Utilities upon Jefferson County Rights-of-Way No. 01-0103-00. (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 2 IImllmlnlll 111~:;~~9:~_ Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 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. (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. (6) If at any time during the term of this Franchise any County roads, rights-of-way, the County property or portions thereof designated in such franchise shall be eliminated £rom the jurisdiction of the County jurisdiction by reason of the incorporation or annexation to a city, then all the rights, privileges and franchises so granted shall terminate. (7) If at any time during the term of the Franchise the County shall vacate any County roads, rights-of-way, County property or portions thereof subject to the rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee of other property interest in said County roads, rights-of-way, County property or portions thereof for the use of the county in either its propriety or governmental capacity, then the Board may at its option and by giving ninety (90) days written notice to the Grantee, and after granting an alternative route (where such grant is reasonably possible in the sole consideration of the Director of Public Works), terminate this Franchise with reference to such county road, rights-of-way or other County property so vacated, and the County shall not be liable for any damages or loss to the Grantee by reason of such termination. Further, the County shall make its best efforts to assist the Grantee in obtaining a permanent easement for any existing water line. (8) The County in granting this Franchise, does not waive any rights which it has now or may hereafter acquire with respect to County roads, rights-of-way, County property or portions thereof and the Franchise shall not be construed to deprive the County of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the County roads, rights-of-way, County property or portions thereof or other County property covered by this Franchise, This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain, the Grantee acknowledges this Franchise itself shall have no value. (9) In consideration for the granting of this Franchise, the Grantee, for itself and its assigns, shall contract and agree to save the County harmless £rom any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to the Grantee's water lines, necessary appurtenances and any other facilities of whatsoever nature placed in, along, under or across County roads, rights-of-way, 3 -1!llIIllTllmTln :~~9=.~ Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 County property or portions thereof. This paragraph shall be construed to mean that the Grantee accepts this franchise and any rights conferred there under for the use and occupation of any portion of the roads, rights-of-way, County property or portions thereof, at its own risk, and agrees to assume responsibility for any damage occasioned to the Grantee or third parties by the County in the maintenance and/or construction work perfonned by the County upon any of its roads, rights-of-way, property or portions thereof which would not have occurred but for the presence of the Grantee's water lines, necessary appurtenances and any other facilities of the Grantee except to the extent any such damage or loss is directly caused by the negligence of the County. (10) All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of an independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. (11) This franchise is subject to, and the Grantee shall comply with all applicable federal, state or the county laws, regulations and policies (including all applicable elements of the County's Comprehensive Plan & Unified Development Code) and as they may be amended affecting perfonnance under this Franchise. Further, notwithstanding any other terms of this Franchise appearing to the contrary, the Grantee shall be subject to the police power of the county to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in this Franchise. (12) No privileges or rights granted hereunder shall exempt the Grantee from any future unifonn rent, license, tax, charge, fees, or import which may hereafter be required by the County, for revenue or as reimbursement for use and occupancy of public ways, roads, streets, rights-of-way, or other County property, and failure to timely remit any sums properly due thereby, shall be cause for forfeiture of rights hereunder. 4 " 1111I11~nll~ 1111111111111 ~~~~g:... Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 (13) If any portion of this franchise is deemed invalid the remainder will remain in effect. ADOPTED TIllS /~ Ij DAY OF fJIIiA1fh ,2oci ,,~~, , JEFFERSON COUNTY ',." '( to I,. \.I ¡ . " BOARD OF COMMISSIO ./-~"::-1 ". I J. ' . \ of . ~...~ (). . ". ._" . ~ .' 1~ . . {,. . ,.,"< 11'" :;"" "l \ .., \ I.. t I ~ , . ....; J. . \. .. . "'\ . . C;. " ,~ :' " " .) ...;.J.. / \. .... ~ ~ ~ ... ',: ' ' .. , .,) '~ '. SEAL: ATTEST: ...... ., ~ ~ , Member APPROVED "-_-r / ,(Ìf ~Zßf Frank Gifford .- Public Works Director APPROVED AS TO FORM: ~l ~51!3 David Alvarez ~ Civil Deputy Prosecutor 5 1IIIIfrlllllllll:~~9=." Jefferson County, WA JEFFERSON COUNTY ROA RESO 24.00 ACCEPTANCE OF FRANCIDSE TERMS AND CONDmONS I hereby accept the tenns and conditions specified under Ordinance No. 01-0103-00, for a Non-Exclusive Franchise granted to Mats Mats Beach Homeowner's Association, for construction, operation, maintenance and repair of a water system along and across the county roads rights of way described in Resolution No. O;t -()l-/. , approved by the Board of Jefferson County Commissioners on the / .2~y of :Jém.u~::1-' 200.t Lj.. Dated this ¿;z q-lf>- day of 2003. Tit Mats Mats Beach Homeowner's Association ................................................................................................................................................................ STATE OF WASHINGTON ) .J!:·vf I.' COUNTY OF...m~....", SOO' ) On this day personally appeared before me )Y1,{)/I)JL ~1v}/AI1J¡/ , to me mown to be the individual described in and who executed the within and foregoing instrument as his free and voluntary act and deed. MY COMMISSION EXPIRES o cial seal this )." C¡ day of Ill/tI!hJI$J11- , 2Q03.."" \ \ \ - ... ...J 'I -... . or'..J A ". 'I - "'.' ~..I.¡ f :- ~J'" """"'1 ~ft', , -<':Þ4'»i ~1!, V' " :: :~. .... ~~'" I '" =r' "" " , 'I)~ ~ " :; ,i ."':; ."~ .rr;.?,,- . ~~ " " -; *--:'"" . ,,-- '...., ~ ~ , .~~ ,. ... " ~ ~ "I/-'\'~ = ,.. ~ -'" t.'.;,': :: I ~ ,( ~.'~'(j.~·¡1 _,- ~_ J .t 'Ii' .............CS"- .'Â jh\\\\~'" ¡;.,_ " '.." .- '1, o,~ VIA .......-- "\\"..."",,, ] Ù1 Þ,(}(;7 I ! a 3--350 CONTRACT REVIEW FORM CONTRACT WITH: Mats Mats Beach Homeowner's Association (Contractor/Consultant) CONTRACT FOR: Franchise Agreement for a water system TERM: 20 years RETURN TO: RETURN BY: ~ COUNTY DEPARTMENT: Public Works For More Information Contact: Contact Phone #: Tt Duff Xl 59 AMOUNT: $0.00 PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFPorRFQ Other Revenue: Nt A Expenditure: Nt A Matching Funds Required: Nt A Sources(s) of Matching Funds Nt A Step 1: Review by: Date Reviewed: APPROVED FORM Step 2: Review by: Date Reviewed: APPROVED AS TO FORM Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 8 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m TIJESDA Y for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)