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RESOLUTION NO. 121-81
GRANTING NON-EXCLUSIVE FRANCHISE ON
COUNTY ROAD RIGHT-OF-WAY
WHEREAS, an application for franchise has been submitted by
Richard L, and Wreatha Shierk, a true copy of which is attached here-
to, 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 October 20, 1981 at the hour of 10:30 a.m" pursuant to the pro-
visions 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, 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 system consisting of pipelines
in, under, along and across that portion of County right-of-way
described as follows:
Lots 13 and 14 of Block 12, Lot 3, Block 13,
Trails End Second Addition, as recorded in
Vol, 4 of Plats, page 1, records of Jefferson
County.
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 right-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 for all purposes as fully
as if set forth in 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 amend-
ments thereto, GRANTEE understands and acknowledges that the
ordinance requires it to obtain a permit from the County Engineer/
Director of Public Works before doing work under this non-exclusive
franchise and performing other actions relating to the franchised
matter,
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(3) The GRANTEE shall submit a facility plan to the
County Planning Department for review of all new proposed facilities
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RESQLUTION NO. 121-81
Page 2
facilities exclusive of 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 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,
DATED at Port Townsend, Washington, this ~ð~ay of
October, 1981.
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SEAL:
ATTEST:
COMMISSIONERS
APPROVED
~rector
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Route 1, Box 379-Y
Chimacum, Wa, 98325
November 17, 1981
Board of Jefferson County Commissioners
Courthouse
Port Townsend, Wa. 98368
Dear Commis,sioners:
We hereby accept the non-exclusive franchise grâ.'rited HY'YÔi..1i-
Resolution No, 121-81, and all its terms and conditions.
Sincerely,
%:ctLVþ<~
~~ha Shi~
Date: / 1- 17 ? /
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