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HomeMy WebLinkAbout152 80 . " vi L . ' '1# \ ... 152-80 RESOLUTION NO. (RESOLUTION GRANTING FRANCHISE ON COUNTY ROAD RIGHTS-OF-WAY) WHEREAS, an Application for Franchise has been submitted by JEFFERSON COUNTY PUBLIC UTILITY DISTRICT NO.1, a true copy of which is attached hereto, for the purposes set out in the said Application, and WHEREAS, the Jefferson County Board of Commissioners is in the process of evaulating a new ordinance, a copy of which is attached hereto as Exhibit "A", which prescribes terms and conditions appli- cable to franchises granted to public and private utility corporations and individuals for use of county roadways, and whereas the said ordinance has not yet come before the Board of County Commissioners for review, and WHEREAS, Jefferson County Public Utility District No.1 has agreed to be bound by the terms and conditions set out in the proposed ordinance, a true copy of which is attached hereto and by this reference incorporated herein, and WHEREAS, it appears to be in the public interest to grant the said franchise request, NOW, THEREFORE, IT IS HEREBY RESOLVED that a 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 in- stall, operate, maintain, repair and use water transmission lines and all facilities connected therewith in, under, along and~across that portion 9f county road rights-of-way shown on Exhibit "B", which is attached hereto and by this reference incorporated herein. All of the said water lines and appurtenances are located in Sections 27, 28, 33, 34 and 35, Township 30 North, Range 2 West W. M. This 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 the proposed ordinance, attached hereto as Exhibit "A", 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 proposed ordinance and any amendments 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 francise and performing other actions relating to the franchised matter. VOL 6pt~~ 102535 Reso~utio~ No. 152-80 ,Pa\je 2'" . ~ "....-. (3) The GRANTEE shall submit a facility plan to the County Planning Department for review of all new proposed facilities ex- c~usive 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 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 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 franchise is accepted within such time, this grant shall be null and void. IT day of DATED at Port Townsend, Washington, this November, 1980. BOARD OF JEFFERSON COUNTY COMMISSIONERS a<~~~ A. M. 0 RA, hairm~ ~ B. G. BROWN, Member ~1h{t[}(~, ATTEST: ACCEPTANCE of the terms and conditions of this franchise is acknowledged by Jefferson County Public Utility Distric No. 1 this ___ day of N e, 1980. Commissioner lRO~:1 .- ,/J~ ublicWorks Director Planning Department Director , VOL B rAGE Page 2. 02536 f~,;'.bi4W.~'" ' .LM.........:..i '-',_"-~,.It.l..;o.;"I..'.,.......;;,--'-:: ........_.......~._,>.........~,,-..-. ..,"~' ...' . ' ORDINANCE NO. AN ORDINANCE PRESCRIBING TERMS AND CONDITIONS APPLICABLE TO FRANCHISES GRANTED TO PUBLIC AND PRIVATE UTILITY CORPORATIONS AND INDIVIDUALS TO USE PUBLIC ROADWAYS AND OTHER COUNTY PROPERTIES WITHIN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. The following terms and conditions shall be sub- ject to the Constitution and laws of the State of Washington and shall apply and shall be deemed to be terms and conditions of any franchise to use the roads, streets, avenues, highways, alleys, rights-of-way or other county properties of Jefferson County hereafter granted by the county to any individual or municipal or private corporation engaged in the public service or utility business, unless and except to the extent that such ordinance or resolution granting such franchise expressly provides terms or conditions contrary to thoSe herein contained. All work done under said franchise shall be done in a thorough and workmanlike manner. In the laying of undergroUnd pipe- lines and cables and the construction of other facilities and the opening of trenches, the tunneling under county roads, rights-of-way or other county properties, the grantee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same so that damage or injury shall not occur or arise by reason of such work; and where any of such trenches, ditches or tunnels are left open at night, the grantee shall place warning lights and barricades at such a position as to give adequate warning of such work. The grantee shall be liable for any injury to person or persons or damage to property sustained through its care- lessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the grantee. Section 2. Whenever any of the streets, avenues, alleys, roads, highways, rights-of-way or public places designated in such franchise shall be eliminated from county jurisdiction by reason of the incorporation or annexation to a city, then all the rights, privileges and franchises so granted shall terminate in respect to said streets, avenues, alleys, roads, highways, rights-of-way and public places so eliminated, but otherwise the franchises shall continue in full force and effect in respect to all streets, avenues, alleys, roads, highways, rights-of-way and public places not so eliminated by such reduction or disincorporation. Page 1 "VOL 6 r'AGt 02537 EXH~BIT "A" f:-" f~'it....lo."""'~. ;....i1~.ij\~'''~.<ll.~'.;....''''"' - -- '0.;..' ,-__,', , ~,.it".,'~ ....,.(;;..'l ""... .....,.... . , .' " ,. If at any time the County of Jefferson shall'vacate any county street, avenue, alley, road, highway, right-of-way or'other county property which is subject to rights ~ranted by said franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Jefferson County, in either its proprietary or governmental capacity, then the Board of County Commissioners for Jefferson County may at its option, by giving () days written notice to tQ~ grantee and after granting an alternate route, terminate this franchise with reference to such county road, right-bf- way or other county property so vacated, and the County of Jefferson shall not be liable for any damages or losses to the grantee by reason of such termination. Wherever possible, the county agrees to protect the grantee's interest by retaining easement rights. Section 3. The granting of such franchise shall not preclude Jefferson County from acquiring by purchase or condenmation any or all of the mains, laterals, pipes, poles, cables or other improvements ' installed by the grantee within the county streets, avenues, alleys, roads, highways, rights-of-way or public places within Jefferson County. . Section 4. The grantee shall have the right and authority to the extent expressed in the resolution of the Board of County Commissioners granting such franchise, or in any supplemental document, to enter upon the streets, avenues, alleys, roads, highways, rights- of-way and public places designated by such franchise for the purpose of construction work, extension of existing systems, connection of such systems with consumers' pipelines, cables, lines or equipment, repairing of equipment and in all fashions maintaining and operating the improvements installed within such county property', and to make rules and regulations governing the same in conformity with state and federal statutes and regulations now in force or hereafter enacted and adopted by state and/or federal agencies governing such utilities. Section 5. The grantee shall install the pipes, poles, lines, cables or other authorized improvements in 'the designated streets, avenues, alleys, roads, highways, rights-of-way or other public places pursuant to plans and specifications approved by the County Engineer and under supervision provided by the county at the expense of such grantee, whenever the grantee's inspection services are determined by the county to be inadequate. . Section 6. Before any work is done by the grantee under such franchise, it shall first file with the County Engineer an application for permit to do such work accompanied by such supporting documents and/or field information as the County Engineer may require. The grantee shall specify the class and type of material to be used and provide sufficiently detailed plans so as to adequately show the type and extent of work to be performed upon the rights-of-way. All material and equipment 'shall Conform to or exceed the standards of Page 2 , VOL 6 tAGE 02538 ....;A.iic.n.....U - -:- -,Z.J.:-'~.;.i ;-,...,,:....~^...'.:...oro.,,;< -__""._.~__ '.0.:...... - , " ..', ~: "_' ....-...';.0_....".... the industry. When requested by the County Engineer, the manner of excavation, construction installation, backfill and the type and size of temporary structures, including traffic turnouts, road obstructions, etc., shall be submitted for approval. 'The grantee shall pay to the county the actual cost and expenses incurred in the examination, necessary inspection and supervision of such work granted by the permit and done by the grantee or by an independent contractor under the franchise of the grantee. Section 7." The grantee, its successors or assigns,' shall commence construction under such permit granted by the County Engineer within the time period stated in such permit and shall have completed and have in operation such portion of the system of improvements as may be specified in such permit or the rights therein conferred upon the grantee shall cease and terminate insofar as unoccupied streets, roads, etc., are concerned. I , Section 8. The grantee shall leave all streets, avenues, alleys, roads, highways, rights-of-way and other county prope,rties, after laying and installing mains and, doing cOr\fJtructi.onwork" mak1ni r~pairs to equipment, etc., in as good and safe condition in All ~espeets as they We~e before the commencement of such work by the grantee, its agents or contractors, and all recorded monuments which have been distrubed or displaced by the work shall be reset'to the. specifications and approval of the County Engineer. In 'case of any damage to said streets, avenues, alleys, ,roads, highways, rights-of-way or other county properties, or to paved or surfaced roadways, turn-outs, gutters, ditches, wood or ~oncrete walks, drain pipes, hand or embankment rails, bridges, trestles, wharves" landings or mounuments by the grantee, the said grantee agrees to immediately repair said damage at its own sole cost an~ expense. When the County Engineer determines that an emergency situ- ation does exist, he may order and have done any and all work considered necessary to restore to a safe condition any such street, avenue, alley, road, highway, right-of-way or other county property left by the grantee or agents in a condition dangerous to life or property. He may cause to be replaced or reset recorded monuments if a grantee fails to replace or reset same within a reasonable time after completion of construction, The grantee, upon demand, shall pay to the county'all costs of such construction or repair and of doing such owrk. Section 9. The grantee, its successors or assigns, shall protect, indemnify and save harmless Jefferson County from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment operation or by the improper occupation of said rights-of-way or other county properties by the said grantee or by reason of the negligent, improper or faulty manner of safeguarding any excavation, temporary Page 3 . VOL 6 fAC~ . 02539 r turnouts or inefficient operation by the grantee of its lines over or under said streets, avenues, alleys, roads, highway~,rights-of.- way or other county properties as hereinbefore designated, or for any other negligent acts or omissions on the part of grantee, and in case that. suit or action is brought against the said county for damage arising out of, or by reason of, any of the above-mentioned causes, the grantee, its successors or assigns shall, upon notice to it of the commencement of said action, defend the same at its sole cost and expense, and in case judgment shall be rendered against Jefferson County in'"such suit or action, shall fully satisfy' said judgment within ninety (90) days after the said suit or action shall have been finally determined, if determined adversely to Jefferson County. PROVIDED, that the grantee herein, its successors or assigns shall have the right to employ its own counsel in any cause or action and be given the management of the defense thereof. Acceptance by the county of any work performed by the' grantee at the time of completion shall not be a ground for avoidance of this covenant. Section 10. In consideration of the granting of such fran- chise by the grantor to the grantee, the grantee, for itself and its assigns, shall contract and agree to save Jefferson County harm1esss from any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or other county property. This paragraph shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way, at its own risk, and agrees to assume responsibility for any damage occasioned to grantee or third parties by grantor in the maintenance and/or construction work per- formed by grantor upon the roadways described herein and which would not have occurred but for the presence on said roadways of the grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or loss is caused by the sole negligence of the grantor. Section 11. The laying, construction, maintenance and operation of the system of improvements granted under said franchise shall not preclude Jefferson County, its accredited agents or its contractors, from blasting, grading or doing other necessary road work in a reasonably careful and prudent manner contiguous to the said'grantee's improvements, provided that the grantee shall be given a minimum two (2) business days prior notice, in writing, signed by the County Engineer, of said blasting or excavating in order that said grantee may protect its lines and property. .Section 12, If at any time Jefferson County deems it advisable to improve or modify any of its streets, avenues, alleys, Page 4 VOL 6 r A.L~ 02540 .",.:,.,....,_.....,.....,..~~.~..-~._.~'''"..~.."..''...,.---..~..,.....-:...-,.."-"..'-;.,-~_._".".-.,..,-'"'~----,~~<,-.,-...,......_.".."-.--..,.,-.--..-..-..,~.~._,..,,,...,.,,, "..-.,-,~,..,,_'~...~,..,....,.~-,.-...,.-,.-........... .-.-..,.. roads t highways, rights-of-way or other county properti~,s.$.~ here- I, inbefore deSignated, by grading, regrading, surfacing or pavinB same, or altering, changing, repairing or improving same, the grantee, upon written notice by the county, shall, at its own expense, as soo~ as practicable, so raise, lower, move or temporarily relocate 1tS lines or improvements to conform to such new grades as may be established, or place said property in such locations or positions as shall cause the least interference with any such improvements or work ,thereon as contemplated by the county and the said county shall in no wise be held liable for any 4amage to said grantee that may oceur by :eason of the county improvements, repairs or maintenance performed 1n a reasonably careful and prudent manner, or by the exercise of any rights so reserved in this section or grant. If the county shall improve or modify such streets, avenues, alleys, roads, highways, rights-of-way or other county properties, the grantee shall, on writ- ten notice 'by county officials, at its own expense', replace such pipes, lines or systems as may be in or through the improved subgrade of such improvement, with such materials as shall conform to or exceed the applicable standards of the industry for use in such streets, avenues, alleys, roads, highways, rights-of-way or other county properties. PROVIDED, that if a readjustment or relocation is neces- sitated for a reason other than the above enumerated county purposes, the person, firm or private corporation or entity requesting such readjustment or relocation shall pay the grantee the actual costs thereof; PROVIDED, further, that in the event grantor should require such readjustment or relocation in connection with any improvement or project funded wholly or in part by state or federal funds, the grantor shall pay grantee such proportion of the actual cost of re- adjustment or relocation to the extent provided for by such state or federal funds received by grantor in connection with such improvement or project. Section 13. If at any time Jefferson County shall install a line of pipes for sewage and/or drainage upon any of the streets, avenues, alleys, roads, highways, rights-of-way or other county properties herein described, wherein a grantee's facilities unreason- ably interfere with the construction project, the grantee, upon writ- ten notice by the County Engineer, shall temporarily remove or relocate its lines of pipes or improvements at its own expense during said installation and replace same at its own sole cost and expense under the supervision of Jefferson County. Section 14, Such grant or privileges shall not be deemed or held to be an exclusive franchise. It shall in no manner prohibit Jefferson County ,from granting other franchises of a like nature or franchises for other public or private utilities over, along. across, under and upon any of the streets, avenues, alleys, roads, highways, rights-of-way or other county properties as herein enumerated, and shall in no wise prevent or prohibit the county from using any of said streets, avenues, alleys, roads, highways, rights-of-way or other county properties or affect its jurisdiction over them or any part of them. Page 5 · VDt 6 rAT;!' o 2541 '.' , ., .' . ' All construction or installation of mains, ya1ves, pipes, poles, cables, lines fittings and facilities, service, repair, or relocation of the same, performed along, over and/or under the county roads, rights-of-way or other county properties subject to said fran- chise shall be done in such a manner as not tointerfer~ with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures located therein."nt>t:' with .the grading or improvement of such county roads, rights-of-way or other county prope!ties. .. The owners of all other utilities, public or private, in- stalled in such county roads, rights-of-way or other cou~ty properties prior in time to the lines and facilities of the grantee shall have preference as to the position and location of such utilities so in- stalled with respect to the grantee. Such preference,shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way. Section 15. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns and independent contractors of the grantee, and all rights and privileges of the grantee shall inure to its successors, assigns and such contractors equally as if they were specifically mentioned ,herein wherever the grantee is mentioned. The grantee, its successors and assigns shall have the right to sell, transfer or assign said franchise upon giving written notice of its intention to do so not less than sixty (60) days in advance of the date of any proposed transfer to the Clerk of the Board of Jefferson County Commissioners. Section 16. If the grantee, its successors or assigns, shall, through willful or unreasonable neglect, fail to heed or comply with any notice given the grantee under the provisions of such grant, then the said grantee" its successors or assigns, shall forfeit all rights conferred thereunder and such franchise may be revoked or annulled by the Board of Jefferson County Commissioners upon thirty (30) days written notice thereof to the grantee. Section 17. The county reserves for itself the right at any time, upon a forty-eight (48) hour written notice to the grantee, to so change, amend, modify or amplify any of the provisions or con- ditions herein enumerated to conform to any state statute or county regulation relating to the public welfare, health, safety or highway regulation as may hereafter be enacted, amended, adopted, changed, etc., and such franchise may be terminated upon thirty (30) days written notice to grantee, if same is not operated or maintained in accordance with its provisions. The grantee, notwithstanding any other terms of such fran- chise appearing to the contrary, 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 such franchise. Page 6 VOL 6 fAGE o 2542 , . " Section 18. The grantee, as far as practicable, shall construct new utility facilities underground. Extension of over- head facilities following streets, avenues, ways, boulevards or thoroughfares shall be undertaken only with the approval of the County Engineer; PROVIDED, however, that said approval shall not be unreasonably withheld.' Grantee recognizes the desirability of under- ground facilities rather than overhead facilities and shall convert existing overhead facilities to underground facilities as and when equipment replacement is undertaken, or when other existing 9verhead utilities are placed underground, unless such replacement is unsafe, impractical, or economically unreasonable, Line extension policies and procedures established by the grantee, and uniformly applied through its service area, shall be the standard in determining what is "practical, impractical or economically unreasonable" under this ordinance; provided that no new overhead utility facilities shall be constructed or established in any area set aside for public park, school, playground or athletic field purposes. Section 19. Before undertaking any of the work or improve- ments authorized by the franchise, the grantee, if other than a mu- nicipal corporation, shall furnish to the county a bond, executed by grantee and a corporate surety authorized to do a surety business in the State of Washington, in a sum to be recommended by the County Engineer and set and approved by the Board of County Commissioners as sufficient to insure performance of the grantee's obligations under such franchise, and conditioned that the grantee shall well and truly keep and observe all of the covenants, terms and conditions, and faithfully perform all of grantee's obligations under said franchise, and to reset or replace any defective work performed or materials installed by, or under the direction of, the grantee, its employees or contractors, discovered in the replacement of the county's roads, rights-of-way or other county properties within a period of two (2) years from the date of the replacement and acceptance of such repaired roads, rights-of-way or other county properties by the county. Said bond requirement may be met by surety bonds of a continuing nature now in effect or that may hereafter come into effect. Section 20. The obligations imposed upon the grantee by the express terms of the resolution granting such franchise, or implied by the terms of this or any other ordinance affecting the same, shall be deemed to include every employee, nominee or independent contractor of the grantee performing work in the county streets, avenues, alleys, roads, highway, rights-of-way or other county properties under con- tract, direction, request or authority of the grantee under this fran- chise, and the grantee, its agent, employee or independent contractor, severally, shall be responsible to the county for any injury or damage to county property or the expense incurred or suffered by the county in correcting defects in work replacing county roads or other improve- ments damaged by the acts or neglect of such servants, agents or independent contractors of grantee. ' Page 7 VOL :6, Ll[r :, f ;K,~,,-- 02543 . ' "; . . Section 21. If any prov1s1on of this ordinan~e or appli- cation thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance 'which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 22. If within thirty (30) days of the granting of such franchise, the grantee shall have failed to sign its written acceptance of same, "then the granted rights and privileges therein shall be deemed forfeited and declared null and void. PASSED AND ADOPTED this day of , 19_. BOARD OF JEFFERSON COUNTY COMMISSIONERS A. M. O'MEARA, Chairman B. G. BROWN, Member CARROLL M. MERCER, Member ATTEST: BETTY J. ANDERSON, Ex-officio Clerk of the Board APPROVED AS TO FORM: WILLIAM E. HOWARD Jefferson CountY Prosecuting,Attomey Page 8 , VOL 6 UGE 0 2544