HomeMy WebLinkAboutord2012-011 1
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 201 - 181
CLEARANCES Initial Date I ate Received in Council Office Agenda Date Assigned to:
Engels 5/4/11 / CC E G V E D 1/1 0/12 INTRO
Originator:
} 2 / 28 / 12 Hearin
Division Head:
JAN. 0 .3 2012 •
Hearing
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Dept. Head: FMA p ' �a-I , \( 3 / 13 / 2012 Hearing
DLG ;` , 11 f.4 /ii HATC01� COUNTY
Prosecutor: �(a, COUNCIL
Purchasing/Budget:
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Executive:
TITLE OF DOCUMENT: Ordinance granting a non-exclusive franchise to Georgia Manor Water Association to allow for the
provision of water to association members, application for same having been filed by Linnea G. Smith, Authorized Agent:
Application received by Council 5/4/11.
ATTACHMENTS:
Ordinance
Memo
SEPA review required? ( ) Yes ( XX ) NO Should Clerk schedule a hearing ? ( XX ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: January 24, 2012
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must
provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaininc
the intent of the action.)
RCW 36.55 and § 9.30 of the Home Rule Charter provides for the ranting of franchises to public and private utility companies for
use of County rights of way. This is a new franchise allowing for use of and presence in County Rights-of-Way in order to place
facilities necessary to provide water to association members. .
COMMITTEE ACTION: COUNCIL ACTION.•
3 / 13 / 2012 : Forwarded to Council for approval , 1 / 10 / 2012 : Introduced
2-0- 1 , Mann abstained 2 / 28 / 2012 : Consideration postponed to March 13 .
3 / 13 / 2012 : Council Adopted 6 -0- 1 , Mann
abstained Ord . 2012 -011
3 - 441. 1a 4- tit$LC. :.4_> .QA.
u ctl est) #°o2/a..o 303097
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2012-011
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at: www.co.whatcom.wa.us/council.
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v1M
2120303097
Page : 1 of 20
3/28/2012 . 3 : 33 PM
FRAN $81 . 00
Whatcom County , WA
Request of : WHATCOM COUNTY COUNCIL
RETURN DOCUMENT TO :
MARINA ENGELS
WHATCOM COUNTY
COUNCIL OFFICE
DOCUMENT TITLE (S ) : FRANCHISE
REFERENCE NUMBER( S) OF DOCUMENTS ASSIGNED OR RELEASED :
Ordinance Number: 2012-011
Additional reference numbers found on page 18 of document.
GRANTOR( S ) :
Whatcom County
Additional grantors found on page of document.
GRANTEE ( S ) : Georgia Manor Water Association
Additional grantees found on page of document.
ABBREVIATED LEGAL DESCRIPTION ( Lot, block, plat, or section, township, range )
Section 34, Township 38 North of Range 1 East of W . M .
Additional legal description can be found on page 4 of document.
ASSESSOR'S PARCEL NUMBER :
None - roads
•
INTRODUCED BY: CONSENT
PROPOSED BY: Public Works
DATE INTRODUCED : 1 / 10 / 2012
ORDINANCE NO. 2012 -01 l
AN ORDINANCE IN THE MATTER OF GRANTING A
NON- EXCLUSIVE FRANCHISE TO THE GEORGIA
MANOR WATER ASSOCIATION, INC. , FOR A PERIOD
OF 25 YEARS PURSUANT TO STATE LAW AND
SECTION 9 .30 OF THE WHATCOM COUNTY HOME
RULE CHARTER, TO OPERATE AND MAINTAIN
WATER LINES AND FACILITIES ALONG CERTAIN
ROADS AND HIGHWAYS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY
WHEREAS, Whatcom County' s Home Rule Charter § 9.30 authorizes the County
Council to grant non-exclusive franchises for a fixed term not to exceed 25 years for the
use of any street, road or public place; and
WHEREAS , Home Rule Charter § 9 . 30 also establishes certain requirements to
which all franchises granted by the County must be subject, and those requirements have
been included herein; and
WHEREAS, R.C.W. 36.55 .010 provides that the appropriate County authority,
which in the case of Whatcom County is the County Council, may grant franchises to
persons or private or municipal corporations to use County right-of-ways for the
construction and maintenance of water works, gas pipes, telephones, telegraph and
electrical light lines, sewers and other such facilities and including cable television wires
and other cable television facilities; and
WHEREAS, the Georgia Manor Water Association operates a system of water
lines and facilities within a portion of Whatcom County and the Association desires and
Pagelofl6
needs a franchise to authorize its continued use of the County' s right-of-ways; and
WHEREAS, the Georgia Manor Water Association has applied for renewal of its
nonexclusive franchise for installation, operation, maintenance, repair and replacement of
water mains and water distribution lines, associated equipment and facilities in and along
certain roads in Whatcom County, Washington, and notice of this hearing having been
duly published on February 4 , 2012 and February 18 , 2012 in the Bellingham Herald,
the official newspaper for Whatcom County, and it appearing to the County Council that
notice of said hearing has been given as required by law and that it is in the public interest
to grant the franchise for the maximum allowable period of 25 years; and
WHEREAS, this matter has come on regularly for hearing before the Whatcom
County Council at 7 : 00 p.m. on the 13th day of March , 2012 in accord
with the notice given; and
WHEREAS, the Georgia Manor Water Association has agreed to the various
administrative provisions of the franchise as provided herein;
NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
Washington that a non-exclusive franchise, attached hereto as Exhibit A, is hereby granted
to Georgia Manor Water Association fora period of twenty-five (25) years in order that the
Page2ofl6
Association may continue to operate and maintain water lines and facilities along certain
County rights-of-way within the unincorporated areas of Whatcom County.
Adopted tl is"'t t ay/Qf March , 2012 .
. • � HATc. • m v
ATTIto .0° C -- ��, •• i = WHATCOM COUNTY COUNCIL
- .-- i C ' ' �' . r : WHATCOM COUNTY, WASHINGTON
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Dana �row31- tr.. .co •• Ka by Kershner , Council Chair
Clerk o the Cquki dill G • ••
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(>4 APPROV - lo ( ) VETOED
JA ' • f ....S, COUN EXECUTIVE
E — / Y / 2.--
DATE
APPROVED AS TO FORM:
gtUA‘ted. Ski*,
Daniel L. Gibson, Asst. Chief Civil
Deputy Prosecuting Attorney .
ACCEPTED BY GEORGIA MANOR WATER ASSOCIATION
DATE : ' "-- 8 — 1
BY: , 2`k C _ G • \ z� �
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Title: ec - G w\ i &3 fl
Published on February 4 , 2012 and February 18 , 2012
This ordinance shall become effective on March 28 , 2012 .
Page 3of16
EXHIBIT A
NON-EXCLUSIVE FRANCHISE AGREEMENT
Section 1 . Franchise Granted
(a) A non-exclusive franchise for the Georgia Manor Water Association, operating
as a private association for the purpose of purveying water within Whatcom County,
together with any successors and assignees, referred to herein as the grantee, is hereby
granted for a period of 25 years, which provides franchisee the non-exclusive right and
privilege to construct, erect, operate, maintain, repair, and replace water lines and related
facilities in, along and across county roads or portions thereof as named herein.
(b) The rights and privileges granted herein shall apply to all roads and public
ways listed, including all portions of rights-of-way abutting said roads and public ways, as
follows (and as described in Map attached hereto as Attachment A) :
On Leeward Way beginning at the southern
boundary of its intersection with North Gate road, south to
the northern boundary of its intersection with South Gate
Road; and on Haxton Way, beginning at the southern
boundary of its intersection with North Gate Road, south to
the northern boundary of its intersection with South Gate
Road, all of which roads are located in Section 34, Township
38 North of Range 1 East of W.M.
The rights and privileges shall also apply to the portions of County roads and rights-of-way
that are part of or that abut those portions of roads that lie just over the section lines that
bisect or intersect the listed roads.
Page 4 of 16
Section 2 . Acceptance of Franchise
(a) No franchise hereunder shall become effective for any purpose unless and until
written acceptance therefore shall have been filed with the Whatcom County Council and
County Director of Public Works and such written acceptance shall be in form and
substance as shall be prescribed and approved by the County Prosecuting Attorney and
operate as an acceptance of each and every term and condition and limitation contained in
this ordinance, and in such franchise;
(b) Such written acceptance shall be filed by Grantee not later than the thirtieth
day following the effective date of the ordinance granting such franchise; and in default of
the filing of such written acceptance as herein required, Grantee shall be deemed to have
rejected the same. In case of Grantee' s tardy acceptance of franchise, the County' s
recognition thereof shall be strictly at its discretion.
Section 3 . Entering Rights of Way.
The Grantee, its successors and its assignees shall, subject to the requirements of.
Section 5 below, have the right and authority to enter upon the *above-mentioned county
roads, rights-of-way and other county property as designated hereinbefore, for the purposes
of constructing, operating, maintaining, repairing, and replacing water lines and facilities.
Section 4. Construction Standards.
All construction and installation work along and under county roads or rights-of-
way or other County property outside the corporate limits of any incorporated town shall
be subject to the approval of, and pass inspection by the Public Works Director and shall
conform to all applicable County and State codes or regulations. The County expressly
reserves the right to prescribe how and where the facilities, including water mains and
distribution lines, shall be installed, and from time to time, upon six months or otherwise
reasonable notice, whichever is longed , the County may require the removal and
1 While the period of time is stated as "six months or otherwise reasonable notice, whichever is longer", the
parties are generally willing to work to accommodate each other in order to expedite completion of a project.
Page 5 of 16
replacement of the facilities when in the public interest, at the expense of the franchise
holder.
Section 5 . Construction Application. •
(a) Prior to commencement of construction of said water lines and facilities,
Grantee shall first file with the Public Works Director its application for permit to do such
work, together with plans and specifications in duplicate showing the position and location
of all such lines and facilities sought to be constructed, laid, installed or erected at that
time, showing their relative position to existing county roads, rights-of-way or other
county property upon plans drawn to scale, hereinafter collectively referred to as the "map
of definite location."
(b) The water lines and facilities shall be laid in conformity with said map of
definite location, or in conformity with design drawings by an engineer, except in instances
in which deviation may be allowed thereafter in writing by the Director of Public Works or
his authorized designee, pursuant to application by Grantee. The plans and specifications
shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill; erection of temporary structures, erection of
permanent structures, traffic control, traffic turn-outs and road obstruction, etc. No such
construction shall be commenced without the Grantee first securing a written permit from
the Director of Public Works, including approval endorsed on one set of plans and
specifications returned to the Grantee. All such work shall be subject to the approval of and
shall pass the inspection of the Director of Public Works. The Grantee shall pay all actual
and necessary costs of and expenses incurred in the examination, inspection and approval
of such work on account of granting said permits.
Section 6. Construction on Roadways/Other County Property.
• (a) In any work which requires breaking of soil of the county roads, rights-of-way
or other county property subject to this franchise for the purpose of laying, relaying,
connecting, disconnecting and repairing the said water lines and facilities, and making
Page 6of16
. . . . . . . . . . .. . . . . .
connections between the same to structures and buildings of customers or making
connections to other facilities of the Grantee now in existence or hereafter constructed, the
Grantee shall be governed by and conform to the general rules adopted by the officers
charged with the supervision and care of such county roads, rights-of-way, and other
county property; and the Grantee at its own expense and with all convenient speed shall
complete the work for which the soil has been broken and forthwith replace the work and
make good the county road, rights-of-way or other county property and leave the same in
as good condition as before the work was commenced.
(b) Applications for permits referred to in Section 5 above shall be accompanied
by specifications for the restoration of the county road, rights-of-way or other county
property to the same condition it was prior to such breaking of the soil, and such
specifications must be approved by the Director of Public Works before such breaking of
the soil is commenced. The Director of Public Works may require a performance bond in a
sum sufficient to guarantee that such county roads, rights-of-way or other county property
shall be restored to the same condition as they were prior to the breaking of the soil. Said
bond shall be in addition to any other such requirements contained herein.
(c) The Director of Public Works may at any time order, or have done, any • and all
work that it considers necessary to restore to a safe condition any such county road, rights-
of-way or other county property left by the Grantee or its agents in a condition dangerous
to life or property, and the Grantee upon demand shall pay to the County all costs of such
work; provided that, where reasonably feasible, the Grantee shall be provided prior notice
of the condition and allowed seventy-two (72) hours to complete the necessary restoration
work itself.
Section 7. Construction — Other Lines and Facilities.
(a) All construction or installation of such water lines and facilities, service, repair
or relocation of same, performed above, along or within the county rights-of-way or other
county property subject to this franchise shall be done in such a manner as not to interfere
Page 7of16
with the construction and maintenance of other utilities' lines, drains, drainage ditches and
structures, irrigation ditches and structures located therein, nor change the drainage flow
therein, nor interfere with the grading or improvement of such county roads, rights-of-way
or other county property. -
(b) The owners of all utilities, public or private, installed prior in time to the line
and facilities of the Grantee shall have preference as to the positioning and location of such
utilities so installed 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 8 . Construction - Public Safety and Inconvenience.
All work done under this franchise shall be done in a thorough and workmanlike
manner. In the laying of water lines and the construction of facilities within rights-of-way
or other county property, 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, per the MUTCD (Manual on Uniform Traffic Control
Devices). The Grantee shall be liable for any injury to person or persons or damage to
property sustained through its carelessness 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 9. County Rights Reserved.
In granting this franchise, Whatcom County does not waive any rights which it has
now or may hereafter acquire with respect to county roads, rights-of-way or other county
property and this franchise shall not be construed to deprive the County of any powers,
rights or privileges which it now has or may hereafter acquire to regulate the use of and to
Page 8 of 16
control the county roads, rights-of-way or other County property covered by this franchise.
This franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the franchise itself shall have no value.
Section 10. Relocation of Lines and Facilities.
(a) If the County of Whatcom shall improve or change, or direct or otherwise
require another party to improve or change any county road, right-of-way or other county
property subject to this franchise by grading or regrading, planking or paving the same,
changing the grade, altering, changing, repairing or relocating the same or by constructing
drainage facilities, or . in the event that such county road, right-of-way or other county
property subject to this franchise shall become a Primary State Highway as provided by
law, the Grantee shall, at its sole expense and within six months or a reasonable time,
whichever is longer,2 following written notice from the Director of Public Works or the
Director of Highways, ,change the location or readjust the elevation of its water lines and
facilities so that the same shall not interfere with such work and so that such lines and
facilities shall conform to such new grades or routes as may be established. Whatcom
County shall not be liable for damage to said Grantee that may occur by reason of any of
the County' s improvements, changes or works referenced above, except in the event that
said damage is caused by the sole gross negligence or intentionally wrongful acts of the
County or its agents.
(b) All work to be performed by the Grantee under this section shall be under the
direction and approval, and shall pass the inspection of the Director of Public Works. The
Grantee shall pay all actual and necessary costs and expenses incurred in the examination,
•
inspection and approval of such work.
Section 11 . County Road Work Permitted.
The laying, construction, operation and maintenance of the Grantee' s water lines
and facilities authorized by this franchise shall not. preclude Whatcom County, its agents or
2 See footnote 1 .
Page 9 of 16
its contractors from blasting, grading, excavating or doing other necessary road work
contiguous to the said lines and facilities of the Grantee provided that the Grantee shall
provide the locations of all of its lines to the line locator service and Whatcom County,
prior to beginning any such work, shall first check with the locator service to determine
whether or not any of Grantee' s lines are located in the proposed work area. Upon finding
from the locator service that Grantee does have lines located within the proposed work
area, Whatcom County shall provide Grantee with seventy-two (72) hours notice of
proposed work, except if a lesser time for notice is warranted by emergency, in order that
the Grantee may protect its lines and facilities. Failure of Grantee to properly notify the
locator service of the location of its lines shall relieve Whatcom County of its duty to
provide Grantee the otherwise-required advance notice of proposed work.
Section 12 . Monuments and Survey Markers.
(a) Before any work is performed under this franchise which may affect any
existing monuments or markers of any nature relating to subdivisions, plats, roads and all
other surveys, the Grantee shall reference all such monuments and markers. The reference
points shall be so located that they will not be disturbed during the Grantee' s operations
under this franchise. The method of referencing these monuments or other points to be
referenced shall be approved by the Director of Public Works. The replacement of all such
monuments or other reference points shall be approved by the Director of Public Works.
The replacement of all such monuments or markers disturbed during construction shall be
made as expeditiously as possible and under direction of the Public Works Director.
Grantee shall bear the cost of replacing any monuments or other markers lost, destroyed or
disturbed, and replacements are subject to Grantor' s approval.
(b) A complete set of reference notes for monuments and other ties shall be filed
with the Whatcom County Director of Public Works.
Page 10of16
Section 13 . Maintenance
Georgia Manor Water Association shall maintain all above ground improvements
that it places on County right-of-way pursuant to this franchise. In order to avoid
interference with the County's ability to maintain the right-of-way Georgia Manor Water
Association shall provide a clear zone of five feet on all sides of such above-ground
improvements. If Georgia Manor Water Association fails to comply with this provision,
and by its failure, property is damaged, then Georgia Manor Water Association shall be
responsible for all damages caused thereby.
Section 14. Vacations.
If at any time Whatcom County shall vacate any county road, right-of-way or
other county property which is subject to the rights granted by this franchise; then the
Whatcom County Council may, at its option and by giving thirty (30) days written notice
to the Grantee, terminate this franchise with reference to such county road, right-of-way or
other county property so vacated and Whatcom County shall not be liable for any damages
or loss to the Grantee by reason of such termination. Prior to vacation, Whatcom County
•
shall, at the request of Grantee, reserve for the benefit of Grantee an easement for the water
lines and facilities in the subject right of way or county property.
Section 15 . Indemnification.
(a) By acceptance of the privileges granted hereunder, Grantee hereby agrees and
covenants to indemnify, defend, and save harmless Whatcom County and those persons
who were, are now, or shall be duly elected or appointed officials or members or
employees thereof, against and from any loss, damage, costs, charges, expenses, liability,
claims, demands or judgments of whatsoever kind or nature, whether to persons or
property, arising wholly or partially out of any act, action, neglect, omissions or default on
the part of the Grantee, its subcontractors and/or employees, which may occur by reason of
construction, operation and maintenance of the Grantee' s said water lines and facilities. In
case that suit or action is brought against Whatcom County for damages arising out of or
by reason of the above-mentioned causes, the Grantee will upon receiving notice of the
Page 11 of 16
filing of a claim or the commencement of said action, appear for and defend the same at its
sole cost and expense, and in case judgment shall be rendered against Whatcom County in
a suit or action, the Grantee will fully satisfy said judgment within ninety (90) days after
said suit or action is finally been determined. Upon the Grantee' s failure to satisfy said
judgment within a ninety (90) day period, this franchise shall at once cease and terminate
and Whatcom County shall have a lien upon the water lines and all other facilities used in
the construction, operation and maintenance of the Grantee' s water system, which may be
enforced against the property for the full amount of any such judgment so taken against
Whatcom County.
(b) Whatcom County' s acceptance of any work performed by the Grantee at the
time of completion shall not be grounds for avoidance of this covenant.
Section 16. Non-Exclusive Franchise:
This franchise shall not be deemed to be an exclusive franchise. It shall in no
manner prohibit Whatcom County from granting other franchises of a like nature or
franchises for other public or private utilities under, along, across, over and upon any of
the county roads, rights-of-way, or other County property subject to franchise, and shall in
no way prevent or prohibit Whatcom County from constructing, altering, maintaining,
using or vacating any of said roads, rights-of-way, drainage structures or facilities,
irrigation structure or facilities, or any other County property or affect its jurisdiction over
them with full power to make all necessary changes, relocations, repairs, and maintenance
as the County may deem fit.
Section 17. Successors and Assignees.
All the provisions, conditions, regulations and requirements contained herein shall
be binding upon the successors and assignees of the Grantee, and all privileges, as well as
all obligations and liabilities of the Grantee shall inure to its successors and assigns equally
as if they were specifically mentioned wherever the Grantee is mentioned herein.
Page 12 of 16
Section 18 . Transferability.
Neither this franchise nor any interest herein shall be sold, transferred or assigned
without prior consent in writing of the Whatcom County Council, such consent not to be
unreasonably withheld. .
Section 19. Incorporation.
Whenever any of the county roads, rights-of-way or other county property as
designated in this franchise, by reason of the subsequent incorporation of any town or city,
or extension of the limits of any town or city, shall fall within the city or town limits, this
franchise shall continue in force and affect as to all county roads, rights-of-way or other
county property not so included in city or town limits .
Section 20. Enforcement/Remedies.
If the Grantee shall willfully violate, or fail to comply with any of the provisions of.
this franchise through willful or unreasonable neglect, or fail to heed or comply with any
notice given the Grantee under the provisions of this franchise, then the said Grantee shall
forfeit all rights conferred hereby, and this franchise may be revoked or annulled by the
Whatcom County Council. In addition to any rights implied or set out elsewhere in this
ordinance, the Council reserves the right to require the Grantee to specifically comply with
the terms and conditions of the franchise ordinance, or any lawful order, statute, or
regulation, and this franchise may be terminated at any time if the Grantee' s lines and
facilities are not operated or maintained in accordance with such ordinance; statute, order
or regulation.
Section 21 . Reservation of Home Rule Charter Rights.
This franchise is subject to the provisions of the Home Rule Charter for Whatcom
County and, in particular, Section 9.30 thereof which provides as follows : All franchises
granted by the County Council shall be for a fixed term not to exceed twenty-five (25)
years and no exclusive franchise shall be granted for the use of any street, road, or public
place. All franchises shall be subject to the power of eminent domain and the right of the
Page l3ofl6
Council or the people acting for themselves through initiative or referendum to repeal,
amend or modify the franchise in the interest of the public; and every ordinance ranting a
franchise shall contain a reservation of these rights. In any proceeding under eminent
domain the franchise itself shall have no value.
Section 22 . Compliance with Laws and Regulations.
This franchise is subject to, and the Grantee shall comply with, all applicable
Federal, State, County or municipal laws, regulations and policies affecting performance
under this franchise.
Section 23 . Insurance.
(a) Upon acceptance of this franchise, the Grantee shall, at the discretion and
request of the County, file with the Whatcom County Council, and shall thereafter, during
the entire term of such franchise, maintain in full force and effect, a corporate insurance
policy or other adequate surety agreement in the amount of ONE MILLION DOLLARS
($ 1 ,000,000.00) for property damage coverage, and ONE MILLION DOLLARS
($ 1 ,000,000.00) for public liability coverage, so as to protect the County against damages
or costs as set forth in Section 14 above. There shall be recoverable, jointly and separately
from the principal and surety, any such damages or costs suffered or incurred by the
County, including attorneys ' fees and costs of any action, or proceedings, and including
the full amount of any compensation, indemnification, cost of removal of any property or
other costs which may be incurred up to the full principal amount of such insurance policy.
Said condition shall be a continuing obligation during the entire term of such franchise and
thereafter until Grantee shall have satisfied in full any and all obligations to the County and
any user that may arise out of or pertain to said franchise. Neither the provisions of this
section, nor any insurance policy accepted by the County pursuant hereto, nor any damages
recovered by the County thereunder, shall be construed to excuse faithful performance by
the Grantee, or limit the liability of the Grantee under any franchise issued pursuant to this
ordinance.
Page 14of16
(b) The County reserves the right to have its legislative body review the dollar
amount of said insurance policy and adjust the amount of coverage as deemed appropriate
upon an annual basis.
Section 24. License, Tax and Other Charges.
No privileges or rights granted hereunder shall exempt Grantee from any future
uniform rent, license, tax charge or impost which may hereafter be required by the Grantor,
for revenue or as reimbursement for use and occupancy of public ways, and failure to
timely remit any sums properly due shall be cause for forfeiture of rights hereunder.
Section 25 . Repealer.
All other prior existing franchises granted by Whatcom County to the Georgia
Manor Lake Water Association shall be repealed, and the terms of the franchise granted
hereunder shall become effective at such time as an acceptance of franchise is filed by the
Grantee with the County in accordance with Section 2 herein.
Section 26 . Severability.
If any portion of the ordinance is deemed invalid the remainder will remain in
effect.
Page 15of16
Section 27. Titles.
The section titles used herein are for reference only and should not be used for the
purpose of interpreting this ordinance. .
JACK LOUW . COUN EXECUTIVE
APPROVED AS TO FORM :
&jai . ittatar‘Y )1
Daniel L. Gibson, Asst. Chief Civil DATE
Deputy Prosecuting Attorney
ACCEPTED BY GEORGIA MANOR WATER ASSOCIATION
DATE : s
BY: R c2A" . .E2sopu
Name: ,
Title: cr . ,-e5e .�-Th
Page 16of16
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DATE SHEET
�� WILSON ENGINEERING , tic GEORGIA MANOR WATER ASSOCIATION MAY2011 .�
i 805 DUPONT STREET son BELLINGHAN,, WA 9 8 2 2 5 WHATCOM COUNTY WASHINGTON
(360) 7 -61 00 • FAX (360) 647-9061 APPLICATION FOR FRANCHISE TO OF
S URVEY / ENGINEER 1 N G www.wilsonengineering.com THE WHATCOM COUNTY COUNCIL JOB NO. 1
2007-118
Exhibit B
ACCEPTANCE OF FRANCHISE
Georgia Manor Water Association
The Whatcom County Council at its meeting of March 13 , 2012, adopted Ordinance 2012-011
approving the application for franchise filed by Georgia Manor Water Association . The petition
and all related documents are available for review in the Council Office as file number 2011 -
181 .
Georgia Manor Water Association hereby accepts, subject to all the conditions contained in
Ordinance 2012-011 , that certain non - exclusive franchise to construct, erect, operate,
maintain , repair, and replace water lines and related facilities in , along and across county
roads or portions thereof as follows :
On Leeward Way beginning at the southern boundary of its
intersection with North Gate road , south to the northern boundary of
its intersection with South Gate Road ; and on Haxton Way, beginning
at the southern boundary of its intersection with North Gate Road ,
south to the northern boundary of its intersection with South Gate
Road , all of which roads are located in Section 34, Township 38 North
of Range 1 East of W . M .
The rights and privileges shall also apply to the portions of County
roads and rights - of-way that are part of or that abut those portions of
roads that lie just over the section lines that bisect or intersect the
listed roads .
Granting of this franchise becomes official upon receipt from the petitioner of this signed
and notarized document, and payment by petitioner of publication costs incurred by the
County Council Office .
I : \FRANCHISES\Franchise Forms\8 . Exhibit B to Ord - Acceptance of Franchise. doc
This franchise , when granted , shall be in effect for a period of twenty-five ( 25 ) years .
����`� � ttttt � � �ir4�,, WHATCOM COUNTY COUNCIL
ATTEST`��■` ''� . ° , , taA a O,�� WHATCOM COUNTY, WASHINGTON
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Dana $ roWp - Dag*TE OF > ` 7 athy Kershner
Clerk as the. , ncii— , f Council Chair
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Agent for the petitioner, Georgia Manor Water Association :
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N __ Date :
c)t"3 ` ) c -
State of Washington )
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County of Whatcom )
Signed and sworn to before me on this 021 day of 2-1t4L t.J 2012, by
10a retc ,rt fer- c.stil
(Agent;t4plactfic
Nektsttgiswol is
cik-0-4.a. Silt
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z * • .s- t 0 Notary Public in and for the State of Washington ,
O r
50 r ' I % residing at
i s. a
,o
? a
i��'1 OFWAS�����• My notary commission expires 1 .....04/... -20 AS
Effective Date of this franchise : 3 • a g ao / _
I : \FRANCHISES\Franchise Forms\8 . Exhibit B to Ord - Acceptance of Franchise. doc