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HomeMy WebLinkAbout02 81ORDINANCE N0. 2-81 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 incorporation. Page 1 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 granted 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, them the Board of County Commissioners for Jefferson County may at its option, by giving ninety (90 ) days written notice to the grantee and after granting an alternate route, terminate this franchise with reference to such county road, right-of- 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. As a general policy, the county will retain a utility easement on roads being vacated, unless circumstances and conditions make it appear advisable not to retain such easement. Section 3. The granting of such franchise shall not preclude Jefferson County from acquiring by purchase or condemnation 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 . 4 . 'CI i 1 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. In emergency situations, the grantee may proceed to meet the emergency and then file its appli- cation for permit to do work. 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. Section 8. The grantee shall leave all streets, avenues, alleys, roads, highways, rights-of-way and other county properties, after laying and installing mains and doing construction work, making repairs to equipment, etc., in as good and safe condition in all respects as they were before the commencement of such work by the grantee, its agents or contractors, and all recorded monuments which have been disturbed 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 concrete walks, drain pipes, hand or embankment rails, bridges, trestles, wharves, landings or mounuments by the grantee, the said grantee agrees to repair such damage at the earliest time possible and at its own cost and 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 {IL turnouts or other operations by the grantee related to its facili- ties located on, over, or under said streets, avenues, alleys, roads, highways, 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 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 harmlesss 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 roads, highways, rights-of-way or other county properties as here- inbefore designated, by grading, regrading, surfacing or paving same, or altering, changing, repairing or improving same, the grantee, upon written notice by.the county, shall,. at its own.expense, as soon as practicable, so raise, lower, move or temporarily relocate its 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 damage to said grantee that may occur by reason of the county improvements, repairs or maintenance performed in 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 All construction or installation ofmains, valves, 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 to interfere with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures located therein, nor with the grading or improvement of such county roads, rights-of-way or other county properties. The owners of all other utilities, public or private, in- stalled in such county roads, rights-of-way or other county 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. Suchpreference 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 concerning franchise violations, 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 inrelation to the rights granted in such franchise. Page 6 i 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 shall convert existing overhead facilities to underground facilities as and when equipment replace- ment is undertaken, or when other existing overhead 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, im- practical 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, play- ground 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. At the discretion of the Board of County Commissioners the bond requirement may be waived if it is determined that the grantee has financial resources adequate to fulfill its obligations under the franchise. 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 contractorsof grantee. Page 7 Section 21. If any provision of this ordinacne 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 g day of 19. BOARD OF JEFFERSON COUNTY COMMISSIONERS B. G. BROWN, Chairman A. M. 001 MEA Member CARROLL M. MERCER, Member ATTEST: TTA DER N, Ex -officio Cler the Board )VOQ ED AS TO FORM: 4 I A---- . �LLIAM E. HOWARD efferson County Prosecuting Attorney Page 8 m Section 21. If any provision of this ordinacne 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 g day of 19. BOARD OF JEFFERSON COUNTY COMMISSIONERS B. G. BROWN, Chairman A. M. 001 MEA Member CARROLL M. MERCER, Member ATTEST: TTA DER N, Ex -officio Cler the Board )VOQ ED AS TO FORM: 4 I A---- . �LLIAM E. HOWARD efferson County Prosecuting Attorney Page 8 .111-1:111SON COUNTY COURi'110USE NAI IONAI. HISTORIC S11 E PORI' TOWNSENil. WAS111NGION Jefferson County BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 • Phone 12061385-2016 A.M. O'MEARA, DISTRICT 1 B. G. BROWN, DISTRICT 2 NOTICE CARROLL M. MERCER, DISTRICT 3 Amendment to Jefferson County Ordinance 2-81 "Franchises Granted—to Use Public Roadways and Other County Properties..." On page 2 of this ordinance, the number of days notice to be given prior to termination of a franchise was previously left blank. By formal motion on April 23, 1981, the Jefferson County Board of Commissioners amended the ordinance to read: /P Page 2, Paragraph 1 "...Jefferson County may at its option, by giving ninety (90) days written notice to the grantee and after granting an alternate route, terminate this franchise with reference to such county road, right-of-way or other county property so vacated,..." 1 q 13CO .6 { (. ORDINANCE NO. -2_-81 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 L. The following terms and conditions shall be sub- ject to the ConstiCution 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 incorporation. Page 1 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 granted 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 nin (9 a} days written notice to the grantee and after granting an alternate route, terminate this franchise with reference to such county road, right-of- 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. As a general policy, the county will retain a utility easement on roads being vacated, unless circumstances and conditions make it appear advisable not to retain such easement. Section 3. The granting of such franchise shall not preclude Jefferson County from acquiring by purchase or condemnation 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 b. 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 L 'a' 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. In emergency situations, the grantee may proceed to meet the emergency and then file its appli- cation for permit to do work. 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. Section 8. The grantee shall leave all streets, avenues, alleys, roads, highways, rights-of-way and other county properties, after laying and installing mains and doing construction work, making repairs to equipment, etc., in as good and safe condition in all respects as they were before the commencement of such work by the grantee, its agents or contractors, and all recorded monuments which have been disturbed 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 concrete walks, drain pipes, hand or embankment rails, bridges, trestles, wharves, landings or mounuments by the grantee, the said grantee agrees to repair such damage at the earliest time possible and at its own cost and 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 turnouts or other operations by the grantee related to its facili- ties located on, over, or under said streets, avenues, alleys, roads, highways, 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 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 harmlesss 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 LVOL 7 w R roads, highways, rights-of-way or other county properties as here- inbefore designated, by grading, regrading, surfacing or paving same, or altering, changing, repairing or improving same, the grantee, upon written notice by the county, shall, at its own expense, as soon as practicable, so raise, lower, move or temporarily relocate its 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 damage to said grantee that may occur by reason of the county improvements, repairs or maintenance performed in 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 -o€ -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 �� 7 FArl 2 All construction or installation of mains, valves, 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 to interfere with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures located therein, nor with the grading or improvement of such county roads, rights-of-way or other county properties. The owners of all other utilities, public or private, in- stalled in such county roads, rights-of-way,or other county 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 concerning franchise violations, 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, upona 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 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 shall convert existing overhead facilities to underground facilities as and when equipment replace- ment is undertaken, or when other existing overhead utilities are placed underground,..unless such replacement 4s 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, im- practical mpractical 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, play- ground 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. At the discretion of the Board of County Commissioners the bond requirement may be waived if it is determined that the grantee has financial resources adequate to fulfill its obligations -under the franchise. 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�� �'��. FACE �l�.ii4 Section 21. If any provision of this ordinacne 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 AICL— 19 1/. BOARD OF JEFFERSON COUNTY COMMISSIONERS ( B. G. BROWN, Chairman { A. M. O' , ember CA ROLL M. MERCER, Member ATTEST: TT . DER ON, Ex -officio Cler the Board ROVED AS TO FORM: FAQ 1pJL llfl•1 J:J . uv.a7a✓ -- efferson County Prosecuting Attorney Page 8 VOL Ist ✓ -- L-? �/ Swt�nnl LUQ. j!�-d s•..,., __ ___moo./i _ _P/.1-_--,_._� BOG---------- _- __----------�-�----���'�--__ - : � • P. a. sss - -------PJe�Fr�- _ PQM;---$lspy.�-------_-_-------------����. l Re 92X 4_1��A_-_ _7-�k�,s ----- - - -- - -- — - - - - --_ ----___---------.+----- ----------- - - ��,�sb. 9830 _ 77 1- i ;� _ ��^ ------- _E� �_ _-----_ L�3�1 _- ------ _ _-------=--------------=-- ----- �� �m�_ft P�, �t_b�o,c _ _ �-- _ I° T � �; ae.��Sm t'�1� __ __ _.___ _-- _._ _ - -- --- ---- __ _-- -------- _--- _�L__rP.-stns«_-1$---1�/���t.�------------------------_- ` �Q ►�-ks _ l _���------------------- - - - - -- -- - ----- .�-/ 11// x �': � ��<<, JF FERSON COUNTY COURTHOUSE NAI IONAI. HISTORIC SITE PORT TOWNSEND, WASHINGTON Jefferson County BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 •Phone 12061385-2016 A. M.OVEARA, DISTRICT 1 S. G. BROWN, DISTRICT 2 NOTICE CARROLL M. MERCER, DISTRICT 3 Amendment to Jefferson County Ordinance 2-81 "Franchises Granted—to Use Public Roadways and Other County Properties..." On page 2 of this ordinance, the number of days notice to be given prior to termination of a franchise was previously left blank. By formal motion on April 23, 1981, the Jefferson County Board of Commissioners amended the ordinance to read: Page 2, Paragraph 1 "...Jefferson County may at its option, by giving ninety (90) days written notice to the grantee and after granting an alternate route, terminate this franchise with reference to such county road, right-of-way or other county property so vacated,..." /P LY Ids` `� I�p�pu►4y4y\\ _.� �1 �f +��,.Mri' En JEFFFRSON COUNTY COURTHOUSE NATIONAL HISTORIC SITE POHT TOWNSENI), WASHINGTON Jefferson County BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 •Phone 12061385-2016 A. M.O-MEARA, DISTRICT 1 B. G. BROWN, DISTRICT 2 CARROLL M. MERCER, DISTRICT 3 NOTICE On March 12, 1981, we sent you a copy of the recently adopted Jefferson County 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. It was noted as Ordinance No. 1-81. That was incorrect. THE CORRECT ORDINANCE NUMBER IS 2-81. Please change your copy to read accordingly. /P William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY s 209 Quincy Port Townsend, Washington 98368 Telephone (206) 385-2044 / John F. Raymond March 9, 1981 Deputy Mr. B. G. Brown Chairman, Board of Jefferson County Commissioners Jefferson County Courthouse Port Townsend, Washington 98368 RE: Franchise Ordinance Dear Mr. Brown: Enclosed is the revised Franchise Ordinance. The revisions include verbatim the suggestions made in my letter to you of March 2, 1981, plus an additional change which appears in Section 14, second para- graph, where the word "operation" was added at line six so that the phrase now reads, "construction, operation or maintenance." Also, as you directed, I have modified Section 6 by adding an additional sentence to deal with emergency situations. Ver,v truly yours, W IAM E. HOWARD WEH rb Enclosure cc: Mr. Milton L. Sanstrom Mr. David Goldsmith March 9, 1981 William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY 209 Quincy Port Townsend, Washington 98368 Mr. B. G. Brown Chairman, Board of Jefferson County Commissioners Jefferson County Courthouse Port Townsend, Washington 98368 RE: Franchise Ordinance Dear Mr. Brown: Telephone (206) 385-2044 John F. Raymond Deputy Enclosed is the revised Franchise Ordinance. The revisions include verbatim the suggestions made in my letter to you of March 2, 1981, plus an additional change which appears in Section 14, second para- graph, where the word "operation" was added at line six so that the phrase now reads, "construction, operation or maintenance." Also, as you directed, I have modified Section 6 by adding an additional sentence to deal with emergency situations. Ver,y truly yours, W IAM E. HOWARD WEH:rb Enclosure cc: Mr. Milton L. Sanstrom Mr. David Goldsmith I _ I� 'I March 2, 1981 William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY 209 Quincy Port Townsend, Washington 98368 Telephone (206) 385-2044 Mr. B. G. Brown Chairman, Board of Jefferson County Commissioners Jefferson County Courthouse Port Townsend, Washington 98368 John F. Raymond Deputy RE: Proposed County Franchise Ordinance - Suggested Changes Dear Mr. Brown: In response to the draft.franchise ordinance presented at previous public hearings the County has received written comments from Pope and Talbot Development, Inc., Pacific Northwest Bell, Puget Power, Crown Zellerbach and Grays Harbor County PUD No. 1. The utility companies have pointed out a variety of concerns, all of which have been reviewed and considered. This letter is to suggest to the Board of County Commissioners changes in the proposed ordinance which I feel are appropriate. The suggested changes are as follows: (1) Page 1, Section 2, the last word on the page should be changed from "disincorporation" to "incorporation." (2) Page 2, Section 2, change the last sentence to read as follows: "As a general policy, the county will retain a utility easement on roads being vacated, unless circumstances and conditions make it appear advisable not to retain such easement." [Note that this is consistent with County Road Vacation Ordinance 4-80, Section 5(4)]. (3) Page 3, Section 8, second paragraph, change the last clause to read: It . . the said grantee agrees to repair such damage at the earliest time possible and at its own cost and expense." Mr. B. G. Brown March 2, 1981 Page Two RE: Franchise Ordinance (4) Page 3, Section 9, change to read as follows: "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, corpo- ration 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 turnouts or.other oper- ations by the grantee related to its facilities located on, over, or under the said streets, avenues, alleys, roads, highways, 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-nmtioned 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 satis- fy said judgment within ninety (90) days after the said suit or action shall have been fully determined, if determined adversely to Jefferson County." (5) Page 6, Section 16, change to read as follows: "If the grantee, its successors or assigns, shall, through willful or unreasonable neglect, fail to heed or comply with any notice given the grantee concerning franchise violations,, 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." (6) Page 7, Section 18, change to read as follows: "The grantee, as far as practicable, shall construct new utility facilities underground. Extension of overhead facilities following streets, avenues, ways, boulevards or thorough- fares shall be undertaken only with the approval Mr. B. G. Brown March 2, 1981 Page Three RE: Franchise Ordinance of the County Engineer; PROVIDED, however, that said approval shall not be unreasonably withheld. Grantee shall convert existing overhead facilities to underground facilities as and when equipment replacement is undertaken, or when other existing overhead utilities are placed underground, unless such replacement is unsafe, impractical, or eco- nomically 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 facilities shall be constructed or established in any area set aside for public park, school, play- ground or athletic field purposes." (7) Page 7, Section 19, requires each utility to furnish the County a bond. I suggest that section be modified to allow the bond requirement to be eliminated when the grantee is determined to be financially responsible. The langauge of Section 19 should be modi- fied by adding the following sentence: "At the discretion of the Board of County Commis- sioners the bond requirement may be waived if it is determined that the grantee has financial resources adequate to fulfill its obligations under the franchise." With the changes set out above, I recommend passage of the proposed franchise ordinance. Ver truly yours, W LAM . HOWARD WEH:rb cc: Mr. Milton L. Sanstrom, Jefferson County Engineer Mr. R. D. Bruce, President, Pope & Talbot Development, Inc. Mr. James A. Smith, Attorney, Pacific Northwest Bell Mr. G. L. Morey, Asst. Engineering Manager, Pacific Northwest Bell Mr. John Berkowitz, Right -of -Way Administrator, Puget Power Mr. Lowell L. Tiller, Plant Engineer, Crown Zellerbach Mr. Ferris G. Gilkey, General Manager, Grays Harbor PUD No. 1 APPLICATION FOR FRANCHISE TO: THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON BY: FOR Application to the County Commissioners of Jefferson County, Washington, for a franchise to construct, operate and maintain consisting of upon, under, over, across and along the rights of way of the county roads of Jefferson County, Washington, more particularly described as follows, to -wit: i- ' None of the roadway over which this franchise is requested is located within the limits of any incorporated city or town. The Applicant hereby requests that the BOARD.OF COUNTY COMMISSIONERS fix a time and place for hearing this application sand 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 franchise rights herein applied for. . DATED this day -of 198 (Applicant) By: f�.. f.✓ C.L i NOTICE OF PUBLIC HEARING ORDINANCE REGARDING "FRANCHISES ON COUNTY ROAD RIGHTS-OF-WAY" NOTICE IS HEREBY GIVEN that the Board of Jefferson County Commissioners will conduct a public hearing at 10:30a.m., Monday, December 8, 1980, in the County Commissioners' Chambers, Jefferson County Courthouse, Port Townsend, Washington, for the purpose of obtaining comments from all interested persons on the proposed "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", which reads as follows on the attached eight (8) pages: SEAL: ATTEST: NOTICE SIGNED this 24th day of November, 1980. Pettyvl'011;�/and -"/A- erson, Co n� Audi Ex -officio Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS t � f . . O'Meara, C airman B . Brown', Member Carrol M. Mercer, Member William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY 209 Quincy Port Townsend, Washington 98368 Telephone (206) 385-2044 John F. Raymond October 8, 1980 Deputy Mr. Milton L: Sanstrom OCT - 1980 IU Jefferson County Engineer's Office County Courthouse JEFFERSON COUNTY Port Townsend, Washington 98368 BOARD OF COW01SSIONERS RE: Franchises on County Road Rights -of -Way Dear Milt: Enclosed for your review are draft copies of the following documents: (1) Application for Franchise; (2) Notice of Hearing on Application for Franchise; (3) An Ordinance Prescribing Terms and Conditions Applicable to Franchises Granted... Within the County of Jefferson; and (4) Resolution Granting Franchise on County Road Rights -of -Way. Please review these documents and let me know if there are suggested changes. You will note that the Commissioner's Resolution granting the fran- chise provides for review by both the Engineering Department and the County Planning Department. If that additional review by the Planning Department is not deemed appropriate, it can be eliminated. I understand that your office already has a permit form for authorizing a franchise applicant to enter onto county road right-of-way to perform work. I would appreciate it if you would send me a copy of that docu- ment so that I can review it in conjunction with the other franchise documents which are enclosed. Very truly yours, WILLIAM E. HOWARD WEH:rb Enclosures cc vP4f. A. M. O'Meara Mr. David Goldsmith William E. Howard r v JEFFERSON COUNTY PROSECM ING ATTORNEY H E; •r 209 Quincy Port Townsend, Washington 98368 Telephone (206) 385-2044 October 17, 1980 Mr. Milton L. Sanstrom Jefferson County Engineer's Office County Courthouse Port Townsend, Washington 98368 John F. Raymond Deputy Mr. David Goldsmith Director, Jefferson County Planning Department County Courthouse Port Townsend, Washington 98368 RE: Franchise Resolution Dear Milt and Dave: JFFERSON Ci)t1PM' BOARD Or ['0r0N1JSS!0PiL_RS Enclosed is a copy of the revised Resolution Granting Franchise on County Road Rights -of -Way. The only modification appears in Paragraph (3) on page two. The . change deletes the last sentence in that paragraph. That sentence should have provided that the plan could have been submitted to the Planning Department, at the County Commissioners' option, if . there was a failure to comply with the comprehensive plan. In my conversation with Dave, it was concluded that the better way to handle the situation was to simply eliminate the sentence. Dave and I also discussed the manner by which Planning Department approval should be given. Probably the simpler way is to have a form which is transmitted to the Engineer's Office indicating that the proposal does or does not comply with the comprehensive plan. An alternative would be to have an individual from the Planning Depart- ment sign the same permit which is issued by the Engineer's.Office. The permit form presently used by the Engineer's Office can be used in conjunction with the form documents previously submitted. I would caution, however, that the application portion of the form include a reference to the ordinance which establishes the county franchise provisions. Additionally, it should reference the resolution number of the specific franchise, and the application and permit form should be completed in its entirety in each instance. In any situation where a blank space is not applicable, it should be marked to so indicate. Mr. Milton L. Sanstrom RE: Franchise'Resolution Mr. David Goldsmith October 17, 1980 Page Two Prior to such time as the Engineer's Office plans to reorder the permit form, that form should be reviewed to assure that all the information required is included. After your review of the enclosure, if it appears to be in satis- factory form, I will then transmit the original of the franchise ordinance to the County Commissioners and the original of the other forms to the Engineer's Office. Very truly yours, WILLIAM E. HOWARD WEH:rb Enclosute cc: L,,Xlfferson County Commissioners RESOLUTION NO. (RESOLUTION GRANTING FRANCHISE ON COUNTY ROAD RIGHTS-OF-WAY) 'WHEREAS, an Application for Franchise has been submitted by a true copy of which is attached ereto, for the purposes set out in the -said Application, and WHEREAS, hearing on the said Board of County Commissioners of , 19 , pursuant to the provisions of -MW required by law, and Application was held before the Jefferson County, Washington, on at the hour of (a.m.)(p.m.), 36.55, after nota ec given as 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 n, under-, along an across that portion o county road rights-of- way described as follows: This franchise is granted upon the following express terms and conditions: (1) The said GRANTEE, its the right to enter only upon the the purpose of constructing its maintaining, repairing and using successors and assigns, shall have above-described rights-of-way for facilities and for operating, those facilities. (2) The terms and conditions of Jefferson County Ordinance No. , an ordinance prescribing terms and conditions for franccii 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 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 fran- cise and performing other actions relating to the franchised matter. Page 1 {3) The GRANTEE shall submit a facility plan to the County Planning Department for review of all new proposed facilities ex- clusive of service connections and appurtenances. Construction permits will be granted upon the determination that the facility plan complies with the county comprehensive plan. If the facility plan does not comply with the comprehensive plan, the facility plan may be submitted to the County Planning Department, at the sole option of the Board of County Commissioners, before the County Planning Department and/or the Department of Public Works take(s) action to grant or deny the permit application. (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 Publi W c ok r S. (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. DATED at Port Townsend, Washington, this day of , 1980. BOARD OF JEFFERSON COUNTY COMMISSIONERS A.M. U-MAKA, Chairman B. G. BROWN, Mem er CAR "LL M. MERCER, Mem er ATTEST: BETTY J. ANDERSON, Ex -o icio Clerk of the Board APPROVED: Pu is works Director Planing Department Director Page 2. PERKINS, COLE, STONE, OLSEN & WILLIAMS ANCHORAGE OFFICE 1900 WASHINGTON BUILDING 420 "L^ STREET SEATTLE, WASHINGTON 98101 ANCHORAGE, ALASKA 99SOI TELEPHONE: 206-682-8770 TELEPHONE: 907-279-8561 TELECOPI ER: 907-276-3108 TELECOPIER: 206-682-8784 CABLE "PERKINS SEATTLE' TELEX:32-0319 PLEASE REPLY TO SEATTLE OFFICE January 8, 1981 Mr. B. G. Brown, Chairman of the Board Board of County Commissioners Jefferson County Courthouse Port Townsend, Washington 98368 Re: REQUEST FOR CONTINUANCE Public Hearing on General Terms and Conditions for Right -of -Way Franchise Dear Mr. Brown: WASHINGTON, D.C. OFFICE 1300 - IRTH STREET N.W. WASHINGTON, D. C. 20036 TELEPHONE: 202-467-5880 T ELEX: 89-448 AFFILIATED WITH McHENRY & STAFFIER As you know, Puget Sound Power & Light Company has reviewed the proposed ordinance describing terms and conditions applicable to franchises granted to public and private utility corporations in Jefferson, County, aid have a number of con erns with respect to the terms, condition and language of the document. Due to the holidays, however, we have not as yet had an opportunity to complete technical review and will not have had that review accomplished by the presently scheduled hearing date of Monday, January 12, 1981. Accordingly, we respectfully request that the public hearing for consideration of the proposed ordinance be continued for at least thirty days to allow timeo complete our review, provide you our comments in writing, and to discus any needed areas of clarification with county staff and the county attorney. We understand that a number of other affected utilities have, or will also, request that the hearing be continued for the same reasons. Very truly yours, PERKINS, COIE, STONE, OLSEN & ILLIAMS R chard E. McCann Attorneys for Puget Sound Power and Light Company REM/vc PUBLIC f UTILITY �~ DISTRICT No. 1 N FS i CRAYS HARBOR COUNTY Board of Commissioners Jefferson County Courthouse Port Townsend, Washington 98568 Gentlemen: r January 8, 1981 I appreciated meeting with Commissioner Brown and inter- ested people at the East Jefferson County Utility Coordinating Council at the Sea Galley in Port Townsend on Wednesday. January 7. As brought out by several people at that meeting, several sections in the proposed ordinance prescribing terms and conditions appli- cable to franchises raised questions as to the intent and purposes sought by the Board of Commissioners. We concur with several of those present in requesting continuance of hearing until some future date so that we can better prepare comments and perhaps suggest minor changes to this ordinance before it is adopted. Unfortunately, I will be unable to attend the January 12 hearing at the Courthouse in Port Townsend. Yours very truly, Boyd J. Winter General Superintendent P. O. BOX 480 ABERDEEN, WASHINGTON 98520 PHONE 206/532-4220 (PUBLIC ..UTILITY DISTRICT P. 0. Siii? T OF CLALLAM COUNTY PORT ANGELES, WASH. 98362 Phone 452-9771 January 12, 1981 Jefferson County Commissioners PHILIP K. JACKSON, Manager BOARD OF COMMISSIONERS William McCrorie, President A. E. Fletcher, Vice President Russell Bayton, Secretary Courthouse Port Townsend, Washington 98368 Gentlemen: PROPOSED ORDINANCE FOR UTILITY FRANCHISES The Public Utility District No. 1 of Clallam County submits this for the hearing on January 12 on behalf of the District and its customers within Jefferson County. The District recognizes the reason for a County Franchise for utilities and does not object to that concept. However, the franchise as proposed will add direct costs to present and future customers within western Jefferson County that could be avoided through alternate planning methods. Following are comments concerning the proposed franchise which we hope will be considered in the final wording. Section 5 refers to plans and specifications approved by the County Engineer and supervision by the County at the grantee's, i.e. electric customers' expense. However, with proper standard utility locations for a typical installation, this would not be necessary. If, as in Clallam County, utility standard locations are established for County rights-of-way, the need for plan approval and inspection by the county is eliminated when work is done by established Utilities. Section 6 has requirements for a permit that would not be necessary with a utility standard location when the work to be done is common utility practice for facility installation. Section 7 indicates that a permit issued by the Cow6ty Engineer will have a time limit for work to be done by the utility Should there not be flexibility for delays that may occur due to ---general economic conditions or other adverse factors? Will the Countyis-permit process be completed within a specified time period so the utilities may use that in their planning? Letter to Jefferson County Commissioners dated January 12, 1981 Page 2 Section 11 indicates that a utility may only receive a two day notice of potential damage to its facilities resulting from work to be done by Jefferson County, its agents or contractors. This may be totally inadequate in some circumstances if extensive work is necessary. The utility should be given time to schedule this work as they do any other work. Section 18 states that the "grantee recognizes the desirability of under- ground facilities rather than overhead..." This District has found that underground facilities are not always desirable, but is a matter of design factors including terrain, accessibility, soil conditions, property development, and most importantly - cost. We suggest wording similar to "grantee shall consider underground facilities rather than overhead facili- ties when replacement is undertaken". In order to maintain the lowest possible cost and rates to the customers in western Jefferson County, we urge you to consider these aspects in formulating a final franchise. Sincer 31 44447e� I DLJ Philip K. Jackso Manager Michael McInnes Superintendent MM/cab s � , POPE & TALBOT DEVELOPMENT, INC. January 7, 1981 Board of County C mdssioners Jefferson County Jefferson County Courthouse Port Townsend, WA 98368 Gentlemen: 'EYHEIRSON Gnriy BOARD OF CO[V1M1SS1ONE[ Re: Proposed Franchise ordinance We should like to present the following comments in regard to the proposed franchise ordinance: l.a. Where this paragraph refers to franchise granted T"hereafter", the presumption is that all existing installations are under a grandfather clause. b. This act does not appear to require a franchise for installation in County property, only covering those installations where a franchise has been granted. 5.a. A time period should be established for approval of the plans and specifications. As presently written, approval could take an undetermined length of time. 6.a. No time period established for approval. E.- No ceiling fees/charges, nor is there any criteria for determining the need for County charges. c. If the County is to be paid for supervisors and inspectors, should they assume the responsibilities for their work d. Provision d be made for emergency work when no County offici is available to issue a permit. 7._ Too restrictive - no provision is made for weather, Acts of God, strikes, etc. 10._ A central facility, The East Jefferson County Utilities Coordinating Council, has been formed to assist in reducing damage to underground facilities by 3rd parties. If the County is a member of this council, they should have available to them the location -of these facilities and should be responsible for damage which they might do. P. O. BOX 75 - PORT LUDLOW. WASHINGTON 98365 - AREA CODE 206 437-2237 Board of County Ccermissioners January 6, 1981 Page 2 Re: Proposed Franchise Ordinance 11. Two days is an extremely short time to arrange to protect an installation of any kind frau the results of blasting, excavating, or grading. 18. underground power is very expensive. The cost is passed on to the consumes. To attempt to force under- ground power as a condition of a franchise could result in increased costs to the user without the benefits of a public hearing. 19. The ambunt of any surety bond requirements is left completely open. Sane upper limit should be established. Respe,q�y, �✓ l R. D. e President Jefferson County Commissioners f. COURTMOUSK PORT TOWNSEND. WASHINGTON 98368. f ,ia '�^"TA\ , �•• � ''• F= R A. M. O'MEARA, DISTRICT t, CHAIRMAN CARROLL M. MERCER, DISTRICT 3 B. G. BROWN, DISTRICT 2 TO: FROM: Board of County Commissioners DATE: January 12, 1981 SUBJECT: Jefferson County Franchise Ordinance At 10:30 a.m. on this date, the Board of Commissioners reconvened the public hearing on the proposed Jefferson County Franchise Ordinance. During the hearing a number of utility surveyors requested further -continuance to allow review and comment on the proposed ordinance. The Board, by formal motion, moved to continue the hearing until 10:30 a.m., Monday, February 9, 1981. The Board requests you put any concern or suggested changes -in writing and submit them to this office by January 26, 1981 in order that any revisions to the proposed ordinance will have benefit of your input. The Jefferson County Prosecuting Attorney will be available to discuss your written concerns or particular ordinance language at 3:30 p.m., January 27, 1981, in the third floor conference room at the County Courthouse. cc: Department of Public Works Planning Department Prosecuting Attorney Jefferson County Commissioners j OCURT14OUSE PORT TOWNSEND, WASHINGTON 98369 A. M. O'MEARA, DISTRICT 1, CHAIRMAN CARROLL M. MERCER. 015TRICT 3 4I •-YP'r�_._�_y`;,�_�.w�,.�_. B. 0. BROWN, DISTRICT 2 TO: Prosecuting Attorney, Bill Howard FROM: Board of County Commissioners DATE: January 12, 1981 SUBJECT: Jefferson County Franchise Ordinance At 10:30 a.m. on this date, the Board of Commissioners reconvened the public hearing on the proposed Jefferson County Franchise Ordinance. During the hearing a number of utility surveyors requested further continuance to allow review and comment on the proposed ordinance. The Board, by formal motion, moved to continue the hearing until 10:30 a.m., Monday, February 9, 1981. The Board requests you put any concern or suggested changes in writing and submit them to this office by January 26, 1981 in order that any revisions to the proposed ordinance will have benefit of your input. The Jefferson County Prosecuting Attorney will be available to discuss your written concerns or particular ordinance language at 3:30 p.m., January 27, 1981, in the third floor conference room at the County Courthouse. cc: Department of Public Works Planning Department Prosecuting Attorney VCS: -t S.`k€�Y'�.L.� .i s.�.c-.ad�M. a.. �.<. _ Loei_-•if'YFi3%�'iWS tS�R.':,.....�•�.a 77 CHAIRMAN ED HAWLEY CITY ST. & SEWER DEPT. 540 WATER ST. PORT TOWNSEND, WA 98368 VICE CHAIRMAN 385-2700 GARY ROWE 385-3505 JEFFERSON COUNTY PUBLIC WORKS COUNTY ENDINEER"S OFFICE COURTHOUSE PORT TOWNSEND, WA 98368 SECRETARY TREASURER KATHLEEN MACD D TY E ER' O CE 54 R S PORT T WNSEND, WA 98368 STATE REPRESENTATIVE LEN COLLIER PACIFIC NORTHWEST BELL 406 S. LAUREL PORT ANGELES, WA 98362 ,JIM ENGLE CITY WATER DEPT. 540 WATER ST. PORT TOWNSEND, WA 98368 OGER FtFZCH CT EN N 40 W R T. T TOW D;, WA 8368 BEN P PUG];TWE pt 88 PO• TOITNSEND, `AWA 98368 GARY ANDERSON UNITED TELEPONE P.O. BOX 277 POULSBO, WA 98370 385-2294 452-7672 385-2700 385-2294 385-4352 779-5040 JIM REEDER 877-5249 MASON COUNTY PUD #1 RT. 5 BOX 555 SHELTON, WA 98584 MI 0 CHIMS 385-2080 PAC FI THWEST BELL T. 2 BO 921 CHIMACUM, WA 25 JOHN TIMMIS 753-7215 W.S.D.O.T. P.O. BOX 327 OLYMPIA, WA 98504 HARLOW ROY 377-3931 PUGET POWER P.O. BOX 379 BREMERTON, WA 98310 GENE UN 437-2486 MP C I T TS INC. .R. # 505P PORT L LOW, WA 98365 VAL THURMAN 478-5723 ATE DISTRI DIRECTOR OL IC IN A ACIFI N 1 ES BELL 4712 WER RD. BREMERTON, WA 983 0 R RO S 385-4999 P.T. V. 5 COR PORT TOWNSEND, 98368 GARY MOREY CIFI R S BELL 406 AU PORT A ELES, WA 98362 DICK HICKEY POPE & TALBOT DEVELOPMENT CO. PORT LUDLOW, WA 98365 RON R®GGLI L A T D EL EN KA OIN PORT OWNSE , WA 98 A R NEBO D. .T. N . T ANGEL , WA 832 �t r FRANCHISE ORDINANCE HEARING ,�, -January 12th, 1980 COPIES OF THE PROPOSED ORDINANCE TO BE SENT TO THE FOLLOWING: � Puget Power -Ben Peterson HAS f 2. Pope & Talbot -Milt Phi 1 brook, Port Gamble 3. Bell Tele., f 4. UnitedsSef�Telephone 9 j5. Port Townsend Water� Syste ;6. Jeftfep,roe--Co.FP.0 D v/7. Mason County P.U.D. 1 Grays Harbor PK 2o .U.D. - _ r /9. Cl�llam County P.U.D. ,/10. Peninsula Telephone, Forks, 9?' -,->l 11. Hazel Point Water Dist. r ✓ a 12-. Mats .Mats Water System,OaOUW--�" i/13. Olympic Canal Tracts-- V14. racts''V14. Cable Television k115 . Cape George Colony cL u � pm7c ,ifs' C',�r_ r�. ;±/ ��: � �•�� ;, ,-�.t �. � ..f ✓,'�'� r =;fir" r'. e,�+,�c..,t...:,',./r,G.�.��t;;r,Ks' Jefferson County Commissioners COURTHOUSE PORT TOWNSEND, WASHINGTON 98368 A. M. O-MEARA, DISTRICT /, CHAIRMAN CARROLL M. MERCER, DISTRICT 3 B. G. BROWN, DISTRICT 2 TO: FROM: Board of County Commissioners DATE: January 12, 1981 SUBJECT: Jefferson County Franchise Ordinance At 10:30 a.m. on this date, the Board of Commissioners reconvened the public hearing on the proposed Jefferson County Franchise Ordinance. During the hearing a number of utility surveyors requested further continuance to allow review and comment on the proposed ordinance. The Board, by formal motion, moved to continue the hearing until 10:30 a.m., Monday, February 9, 1981. The Board requests you put any concern or suggested changes in writing and submit them to this office by January 26, 1981 in order that any revisions to the proposed ordinance will have benefit of your input. The Jefferson County Prosecuting Attorney will be available to discuss your written concerns or particular ordinance language at 3:30 p.m., January 27, 1981, in the third floor conference room at the County Courthouse. cc: Department of Public Works Planning Department Prosecuting Attorney January 23, 1981 Jefferson County Commissioners Jefferson County Jefferson County Courthouse Port Townsend, Washington 98368 Dear Chairman Brown: EI) Pacific Northwest Bell Sixteen Hundred Bell Plaza Seattle, Washington 98191 On behalf of Pacific Northwest Bell I would like to thank the Jefferson County Commissioners for continuing the hearing on the proposed ordinance delineating the terms and conditions of franchises granted by Jefferson County to utility companies for occupation of county roads. PNB's attorney, Mr. Jim Smith has notified, in writing, your Prosecuting Attorney of our posi- tion; that being that a county may not subject a telephone company to a franchise because of the statewide franchise granted to telephone companies by the state constitution. As Mr. Smith pointed out to Mr. Howard, however, PNB does recog- nize that the counties may regulate a telephone company's use of county roads so as not to "incommode the public use". Many counties have formalized such conditions on use through provi- sions contained in a permit. Therefore, the comments that we include with respect to the proposed ordinance are directed to those provisions as they might be applied in a permit between Jefferson County and Pacific Northwest Bell. The last sentence of the second paragraph of Section 1 states that the grantee shall be liable for injury sustained through its carelessness or neglect. PNB feels that is unnecessary to include this provision. A determination of liability for injuries or damages would be made by the judiciary in any event, and liability for negligence is a well-established common law principal to be applied by the courts. Section 5 of your ordinance states that the county will provide supervision at the grantee's expense if the inspection service of the grantee is deemed by the county to be inadequate. We would like to have included in this section a standard of reasonableness for the determination of the adequacy of the utility inspection services. We would also like to have lan- guage included that the utility would be notified prior to the county providing inspection so that any corrective action following inspection might be taken. Jefferson County Commissioners January 23, 1981 Page Two Section 6 states that an application for a permit shall be filed before "any work" is to be done. We feel that under certain circumstances a permit should not be required before work is performed. Maintenance work such as pole replacements, repair and installation of new aerial service wires, for ex- ample, should not require application for a permit. The word- ing regarding the work to be done pursuant to a permit should be more definitive so that unnecessary expense by both the County and the utilities may be avoided. We would be happy to discuss such wording with you at your conference on January 27, 1981. Section 7 covers the time of construction allowed by the permit. We would suggest wording that would allow for a rea- sonable extension of the time period by a written request to the County Engineer. Such a provision would contemplate delays caused by unforeseeable circumstances such as unusual weather, labor problems, material delays and so on. The road repair requirements in Section 8 states that the grantee shall repair any road damage "immediately". We would suggest that this wording be changed to "expeditiously" or "promptly" because equipment and material are not always avail- able on a demand basis. Additionally, in the third paragraph of Section 8, the first sentence of that paragraph states that the County Engineer may have work done where an emergency situation exists. We do believe that this sentence should more clearly state that the County Engineer may order such work done at the expense of the utility where the emergency situation exists because of the failure of grantee to restore the road to a proper and safe condition. Sections 9 and 10 provide for the indemnification of and re- lease from liability for Jefferson County. We believe the county should not completely exonerate itself when retaining control of supervision and when directing placement of utility facilities. Additionally, the county, when doing work on roadways where utilities are located must be liable for their own actions. Section 10 states that the grantee assumes all responsibility for any damage except that caused by the sole negligence of the grantor. Courts of the State of Washington have recognized the principal of comparative negligence in the settlement of legal claims. Therefore, the clause in Section 9 should state that nothing in Sections 9 or 10 will be construed as an indemnifi- cation against the negligence of the county, its officers and employees or agents, eliminating the reference to "sole neg- ligence". Jefferson County Commissioners January 23, 1981 Page Three Section 13 requires that utilities relocate conflicting facil- ities at their expense under the supervision of the county. We feel that this should be reworded so that the county approves plans for the relocation, but that the supervision and inspec- tion is to be done by the grantee. Pacific Northwest Bell also questions this section statement with respect to relocation costs. Because PNB is present pursuant to a state grant, we will not relinquish the possible claim for damages to the extent of our costs of relocation where it is necessitated. Section 18 provides for undergrounding of facilities whenever practicable. This is our standard construction method except in areas where undergrounding is unreasonable or uneconomical. It is our belief that the approval of the County Engineer is not required prior to an extension of our overhead facilities. Section 19 requires a bond from each grantee doing work on county roads. The provision of bonds can become an expensive requirement and we would suggest that any bonding requirements for permits be made at the discretion of your County Engineer upon a demonstration of lack of financial responsibility of the grantee. Pacific Northwest Bell is a self -insurer and we operate in practically every county in the State of Washington without the necessity of bonding. Most counties are using a permit form patterned after the recommended form of the County Road Administration Board (Form: CRAB -104). This permit form states the major con- ditions you are proposing in your ordinance. The permit would allow processing without public hearings except in instances where the county determined there is a significant public concern. We thank you for this opportunity to make known to you our concerns regarding this ordinance. We look forward to working with you on the ordinance. Very truly yours, /5' - G. L. MOREY v Assistant Engineering Manager Crown Zellerbach Port Townsend Mill TA JEFFD�Q`N IN' TY A. M. O'Meara, District 1, Chairman F QUOUAISSIONEB Carroll M. Mercer, District 3 B. G. Brown, District 2 Dear Sirs: We have reviewed the franchise ordinance with our legal department. We feel it covers the franchising of public roadways well, and have only two suggestions to make. Section 2 We recce mend that this section of the proposed ordinance include a provision that the franchisee be given advance notice of proposed incorporation or annexation to a city of the roadway subject to the franchise. The franchisee should also be advised at that time of the effect the incorporation or annexation will have upon the franchise. Section 6 We recommend that this section include a provision that all abutting landowners will receive advance notice prior to the cmrencement of work approved by the County Engineer so that any disruption or inconvenience that might be caused by the work can be anticipated. We thank you for the opportunity to cement. Sincerely, Yom_ —dllr�-i Yvorme Starkey YRS/kic cc: L. L. Tiller Prosecuting Attorney Dept. of Public Works Planning Department Port Townsend, Washington 98368 January 21, 1981 Mr. B. G. Brown, Chairman Board of County Commissioners Jefferson County Port Townsend, Washington 98368 Dear Mr. Brown: ij' ✓ .... -3� �� LJ BOARD OF By letter dated January 8, 1981, Puget Sound Power & Light indicated that it would provide the County Commissioners with written comments on the proposed ordinance establishing general terms and conditions for Jefferson County franchises. At the outset, we emphasize that we do not take exception to the proposal to establish general terms and conditions applicable to all franchisees in Jefferson County. Generally, we find the proposed ordinance to be complete, comprehensive and well drafted. We do, however, offer the following comments for your review and consideration: 1. Section 2 removes franchise rights from areas incor- porated or annexed to cities. The last word in the last sen- tence of the first paragraph is "disincorporation." From the context, it appears that that word should be "incorporation." 2. Section 2, in the second paragraph, provides for vaca- tion of public ways, and potential loss of franchise rights. The paragraph provides that "wherever possible" the County will protect the franchise by retaining easement rights. As I am sure the Commission recognizes, that provision creates considerable exposure to a franchisee by potential loss of franchise rights. That possibility could be avoided by the County's acceptance of the responsibility to either condition the vacation with a requirement that easement rights be granted to the franchisee over vacated areas, or, in the alternative, to provide an alternate route as nearly as possible comparable Puget Sound Power & Light Company Puget Power Building Bellevue, Washington 98009 (206) 454-6363 Mr. B. G. Brown, Chairman January 21, 1981 Page 2 in cost and location to the original route, either by obtaining an easement or designating another franchised route. Because vacations are most often considered at the request of private parties, the County could easily impose those obligations on the person seeking the vacation. The following language could be added at the end of the second paragraph in Section 2: In the event that the County is unable to retain easement rights over the vacated area, the County shall require the person seeking the vacation to obtain easement rights in favor of the franchisee over an alternate route, comparable in cost and location, or shall designate existing franchise right-of-way as an alternate route. When the vacation is sought by a private party, costs of relocation of the Grantees' improvements shall be borne by the person seeking such vacation. 3. Section 5 provides that inspections may be conducted by the County at the Grantee's expense, "whenever the Grantee's inspection services are determined by the County to be inade- quate." The proposed ordinance does not specify the standards, conditions or circumstances to be considered by the County in determining whether or not the Grantee's inspection services may or may not be adequate. We propose that the following language be added to Sec- tion 5: A Grantee's inspection services shall be deemed adequate unless the County, by written notice, speci- fies the specific nature of inadequacy and allows thirty (30) days within which the Grantee may cure such inadequacy to the County's satisfaction. Further, it appears that inspection would be to determine that the construction and location of improvements conform to permit requirements and that proper traffic control and safety measures are taken. We recommend that those purposes be stated: Mr. B. G. Brown, Chairman January 21, 1981 Page 3 Inspections shall be for the purpose of ensuring compliance with submitted plans and specifications and to ensure that proper measures are taken for traffic control and safety. 4. Section 5 provides for inspection by the Grantee, while Section 6 provides for county inspections at the Gran- tee's expense. Given the Section 5 provision which allows the County to take over inspections when the Grantee's work is in- adequate, we suggest that Section 6 follow the same format. Further, in order to establish ground rules for determining reimbursable costs, we recommend that the following language be added to Section 6: The County shall submit a written statement to the Grantee in sufficient detail to identify actual work performed, persons involved, time consumed, and actual costs and expenses incurred. Such costs and expenses shall at rates authorized and approved by the County for comparable work performed for the County itself. 5. Section 7 requires completion of construction by a time to be stated in the permit. In order to remove potential ambiguity, we recommend that a time certain be included by add- ing the words "but not more than from the date of such permit," after the phrase "stated in such permit . . . " 6. Section 8 requires, in the second paragraph, "imme- diate" repair of damaged County property. It is, of course, entirely appropriate that the Grantee accept responsibility for repair of damage done during the process of construction. Some types of repair, however, may not be done "immediately" and also meet good workmanship re- quirements. For example, asphalt repair may require an imme- diate patch and subsequent permanent patch. It does not appear to be the County's intent to require anything less than proper and workmanlike repair, even by imposition of the "immediate" requirement. Accordingly, we suggest that the work "imme- diately" be replaced with the word "expeditiously." Mr. B. G. Brown, Chairman January 21, 1981 Page 4 7. Sections 9 and 10 impose strict hold harmless require- ments in favor of the County against the Grantee. Judgments against the County must be satisfied by the Grantee within ninety (90) days after an action "has been finally determined." While "finally determined" should include any appeals, we recommend that the phrase "including any appeals" be inserted after the words "finally determined." 9. Section 9 also provides that the County's acceptance of any work performed by a Grantee shall not be grounds for avoiding the hold harmless agreement. While that provision may be appropriate, the County has also reserved the right, in other sections of the ordinance, to designate and require placement of improvements. Should a pole, for example, be placed in a location other than that proposed by the Grantee, and in a location expressly required by the County, we submit that the County should accept respon- sibility for that decision. Accordingly, we recommend that the Section 9 be modified to include the following language: This covenant shall not apply where the placement or location of any Grantee's improvements are de- signated or required by the County in a location other than that proposed by the Grantee. 9. Section 10, also a hold harmless provision, exempts the County from liability accept where damage or loss is caused by the "sole negligence" of the County. That provision would appear to be contrary to the current state of the law of con- tributory negligence which would impose liability on contribu- tors to the extent of their contribution. This section should be modified to delete the word "sole" in the last line of Sec- tion 10. 10. Section 11 provides notice to the Grantee of work which might endanger existing improvements so that the Grantee "may protect its lines and property." The duty to protect improvements lies with the person who places those improvements in jeopardy. Puget will normally require certain protective actions to be taken by a person doing blasting, grading, ex- cavating or other work which might jeopardize electrical facilities. Section 11, as written, however, would provide an Mr. B. G. Brown, Chairman January 21, 1981 Page 5 argument that that responsbility lies with Puget. We suggest that the section be modified to read as follows: The laying, construction, operation and mainten- ance 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 roadwork contiguous to the said Grantee's improvements, in a reasonably careful and prudent manner, provided that Grantee shall be given a minimum of two (2) business days prior notice, in writing, signed by the County Engi- neer, of said blasting or excavating or other work, in order that Grantee may identify and impose upon the person or agency performing such work such require- ments and steps which will adequately protect Gran- tee's lines, facilities and property. 11. Section 14, in paragraph 2, refers to "construction or installation" of facilities. In order to more accurately describe the subject, we suggest that the word "operation" be added to the phrase so that it will read "construction, opera- tion or installation . . . ." 12. Section 16 provides that the County may revoke the franchise upon thirty (30) days written notice of the Grantee's failure to comply with the terms of any notice given under the grant of franchise. As you recognize, such an action would be substantial and severe; we therefore recommend that the notice period be ninety (90) days rather than the stated thirty (30) days. 13. Section 17 provides for forty-eight (48) hours notice of any change, amendment, modification or amplification of the terms of the franchise. Again, changes or amendments to the franchise may have substantial effect on Grantees and, depend- ing upon the nature of the change, may require substantial review and opportunity for comment. Accordingly, we recommend that the notice period be changed to thirty (30) days rather than the stated forty-eight (48) hours. 14. Section 18 requires that new utility facilities shall be undergrounded "as far as practicable." It further provides Mr. B. G. Brown, Chairman January 21, 1981 Page 6 that replacement of existing overhead facilities shall be placed underground "unless such replacement is unsafe, im- practicable, or economically unreasonable." The section also recognizes that line extension policies and procedures established by the Grantee, and "uniformly applied through its service area", are to be the determining factor as to what is "practicable, impracticable or economi- cally unreasonable." Puget's service area includes a wide variety of urban and rural areas. Undergrounding is often a norm for distribution lines in newly developing, very dense urban and residential areas. That is not the case in undeveloped rural areas, where undergrounding is not practical or reasonable. Further, the cost of undergrounding is usually borne by the subdivision or development, not the utility. Finally, 12.5 KV distribution lines are undergrounded, not higher voltages. As a result, rather than rely on practices throughout the service area, we suggest that the undergrounding provision be deleted, except to the extent that the County can expressly indentify those areas in which overhead lines are simply not appropriate, as it has done in identifying public parks, schools, playgrounds and athletic fields. If the present provision is retained, language should be added to provide that undergrounding involve only 12.5 KV distribution lines and that when undergrounding is done at the request of the County for any purpose other than the traffic safety, the County should bear the costs and expenses of con- struction. We will very much appreciate a opportunity to visit with the City Attorney prior to the hearing scheduled on the ordi- nance in order to explain our concerns and reach agreement as to specific language. SiFn rely, Berkowitz fight of Way Administrator cc: Bill Howard, Jefferson County Attorney PUBLIC UTILITY DISTRICT No. 1 GRAYS HARBOR COUNTY Jefferson County Commissioners Courthouse Port Townsend, Washington 98368 Gentlemen: Jefferson County Franchise Ordinance P' r _ ,,ter, February 3, 1981 We appreciate the opportunity to comment upon the proposed franchise ordinance which has been provided to us. It is apparent that your staff has put considerable effort into its formulation. We do, however, have several com- ments on which we would appreciate your consideration. As you are no doubt aware, this Public Utility District has a 50 -year franchise which was issued in September 1967. RJ -rt -inn i_ We have no objection to the first paragraph since it reiterates the effects of R.C.W. 35.13.280 and R.C.W. 35A.14.900, which statutes cancelled franchises upon annexation except that the annexing city must grant a new five-year fran- chise. It appears that the intent of the second paragraph is contrary to R.C.W. 36.87.140 which authorizes vacation of roads subject.to retention of an ease- ment for utilities which are in place. Section 5. This section provides for supervision by the County "whenever the grantee's inspection services are determined by the County to be inadequate." All elec- tric utility installations have minimum requirements prescribed by statutes. Each line crew has a foreman who supervises that installation. We believe that County inspection would be a needless and additional expense and believe that a determination that County inspection should be required should not be a uni- lateral decision. Section 6. The requirement that a permit application be provided before any work is done would seem unduly burdensome if service to new customers is to be provided P. O. BOX 480 ABERDEEN, WASHINGTON 98520 PHONE 206/532-4220 Jefferson County Commissioners - 2 - February 3, 1981 in a timely manner. Perhaps the requirements could apply only to major pro- jects, with minor overhead extensions subject only to confirming or as -built drawings. Also additional facilities required to maintain service should be excluded from this requirement in order that service interruptions caused by storm or physically may be repaired promptly. Section 8. The second paragraph requires immediate repairs of any damage to facilities. We believe the intent is to make repairs as soon as possible; therefore, suggest that "immediately" be replaced by "expeditiously" or "as soon as possible." Section 9. This provides for indemnity for "improper occupation of right of way." Sections 5 and 6 as drafted require County approval prior to occupation and could, therefore, result in the utility being forced into "improper occupa- tion." Therefore, we do not see how indemnification can occur under these cir- cumstances. As used in this section, we do not understand the meaning of "inefficient operation." We believe this should be either further defined or removed as a reason for indemnification. We do not understand the validity of the last paragraph. If the County negligently accepts work, how can it be indemnified against its own negligence? Section 16. If the utility is not complying with a provision of the franchise, a notice should be provided giving a reasonable time to_correct _the deficiency. That notice must relate to provisions of .the franchise. Section 17. We do not understand the purpose of this section. In order to serve its customers, a utility expends substantial amounts of money and in so doing relies upon the provisions of its franchise. We suggest that if this provision is.to be retained it more specifically address the problem which you foresee. Section 18. Because of recently experienced premature failure of underground facilities, this District does not completely "recognize the desirability of underground facilities rather than overhead." We believe that a decision as to that desir- ability should be a matter of economics, reliability, voltage of the facility, and other considerations. Jefferson County Commissioners - 3 - February 3, 1981 We apologize for the delay in providing our comments. Yours very truly, General Manager ,- -- ul StTil,46174ke,4aof o r A�ov eA ri'mS _r a 0�� -_.y.__. _)kj Ll