HomeMy WebLinkAboutord2010-069 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-138
CLEARANCES Initial Date Date Received in Council Office ' Agenda Date Assigned to:
DLG 10/26/10 Council
Originator: __ � � � � � � � .�U�� Introduction
�i-uu{ 11/23/10 Council Hearing
Division Head:
FMA p l.� 1v 12 / 07 / 2010 Council
Dept. Head: I l ' OCT 19 2010
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Prosecutor: WHATCOM COUNTY
Purchasing/:ud.0 Ifl COU�VNCCILU 'V ' 1
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TITLE 01 DOCUMENT: Ordinance granting a non-exclusive franchise to the Y-Squalicum Water Association, application for
same having been filed by Larry Watson, Association President
ATTACHMENTS:
Ordinance and exhibits
Memo
SEPA review required? ( ) Yes ( XX ) NO Should Clerk schedule a hearing ? ( XX ) Yes ( )
SEPA review completed? ( ) Yes ( ) NO NO
Requested Date: 11/23/10
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
explaining the intent of the action.)
RCW 36. 55 and § 9.30 of the Home Rule Charter provides for the granting of franchises to public and private utility companies
for use of County rights of way. This is a renewal of a franchise that also includes further description of the utility 's recently
expanded service area.
COMMITTEE ACTION: COUNCIL ACTION:
10 / 26 / 2010 : Introduced
11 / 23 / 2010 : Hearing closed consideration
postponed to 12 / 07 / 2010
12 / 07 / 2010 : Council Adopted 7 - 0
Ord . 2010-069
Note : Pending completion of process
01 / 07 / 2011 : Process Complete
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2010-069
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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FRAN $79 . 00
Whatcom County WA
Request of : WHATCOM COUNTY COUNCIL
RETURN DOCUMENT TO :
MARINA ENGELS
WHATCOM COUNTY
COUNCIL OFFICE
DOCUMENT TITLE ( S ) : FRANCHISE
ORDINANCE 2010- 069 GRANTING A NON - EXCLUSIVE FRANCHISE TO THE Y-
SQUALICUM 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
REFERENCE NUMBER( S ) OF DOCUMENTS ASSIGNED OR RELEASED :
Ordinance Number: 2010-069
Additional reference numbers found on page of document.
GRANTOR( S ) :
Whatcom County
Additional grantors found on page of document.
GRANTEE ( S ) :
Y-Squalicum Water Association
Additional grantees found on page of document.
ABBREVIATED LEGAL DESCRIPTION ( Lot, block, plat, or section , township, range)
Section 19, Township 38 North, Range 4 East
Additional legal description can be found on page of document.
ASSESSOR'S PARCEL NUMBER :
None - roads
SPONSORED BY Consent
PROPOSED BY Public Works
DATE INTRODUCED : 10 / 26 / 2010
ORDINANCE NO . 2010-069
GRANTING A NON-EXCLUSIVE FRANCHISE TO THE Y-SQUALICUM 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, the Y- Squalicum Water Association has applied for renewal of its non-
exclusive 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
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 rights-of-way 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 Y- Squalicum Water Association operates a system of water lines and
facilities within a portion of Whatcom County and the Association desires and needs a franchise
to authorize its continued use of the County' s right-of-ways ; and
WHEREAS, Exhibit A, attached hereto and incorporated herein by reference, contains a
proposed franchise agreement with terms that have been drafted by and are acceptable to the
County
WHEREAS, notice of this hearing having been duly published on October 30 , 2010
and November 13 , 2010 in the Bellingham Herald, the official newspaper for Whatcom County,
Pagel of 2
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 7th day of December , 2010 in accord with the notice
given; and
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that the
non-exclusive franchise, containing the terms set forth in Exhibit A attached hereto and
incorporated herein by reference, be granted to Y-Squalicum Water Association for a period of
. twenty-five (25 ) years from and after the date of approval of this ordinance, provided that the
water association accepts the franchise pursuant to Section 2 of the agreement attached hereto as
Exhibit A and pays in full the costs of publication associated with this matter as determined by
Council staff, in order that the Association may continue to operate and maintain water lines and
facilities along certain County rights-of-way within the unincorporated areas of Whatcom
County,
AdoSad this! , ,7,�h day of December , 2010 .
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WHATCOM COUNTY COUNCIL
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WHATCOM COUNTY, WASHINGTON la
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DanAltimgrta.Vis Council Clerk Sa Crawford, Coun ' 1 Chair
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APFWOIS4BID'A' TO FORM : ( APPROVED ( ) VETOED
Ng- 41 :21 - 4.1Sen^-/ 1 l'iL:ahs:e s
Daniel L . Gibson, Asst. Chief Civil ' - e Kr - en, County - xecutive
Deputy Prosecuting Attorney Date : /J7—/o
•
Page 2 of 2
EXHIBIT A
NON-EXCLUSIVE FRANCHISE AGREEMENT
This agreement, entered into this 7th day of January , 2011 by and
between Whatcom County and Y-Squalicum Lake Water Association, shall upon full and proper
execution and acceptance as prescribed herein serve as the franchise agreement between the two
parties, with the terms as stated herein below.
Section 1 . Franchise Granted
(a) A non-exclusive franchise for the Y- Squalicum Lake 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 the Squalicum Lake Road, also known as Whatcom
County Road No . 80, from its intersection with the South boundary
of Section 19, Township 38 North, Range 4 East; North to its
intersection with the North Y Road, also known as Whatcom
County Road No . 114, and on the Jensen Road, also known as
Whatcom County Road No . 80 , from the Y Road westward to the
point at which it turns southerly and becomes Agate Bay Lane,
than south along Agate Bay Lane to the geographic boundary of
Lake Whatcom Water and Sewer District, and on the South Y
Road and North Y Road, also known as Whatcom County Road
No . 80 and 324, respectively, and on that portion of the Henderson
Road, also known as Whatcom County Road No . 178 , east from
the Squalicum Lake Road to the end, at approximately the 3100
block of Henderson Road, all of which roads are located in
Page 1of12
Sections 7, 18 and 19 , Township 38 North of Range 4 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 .
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 .
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 and pass inspection by the Public Works Director and shall conform to all
•
Page 2of12
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
longer' , the County may require the removal and 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 .
I 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.
Page 3 of 12
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 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
Page 4 of 12
property subject to this franchise shall be done in such a manner as not to interfere 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 control the county roads,
rights-of-way or other County property covered by this franchise. This franchise shall be subject
Page 5 of 12
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 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 County or State 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 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,
2 See footnote 1 .
Page 6 of 12
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 .
Section 13 . Maintenance
Y- Squalicum 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 Y- Squalicum Water Association shall provide a
clear zone of five feet on all sides of such above-ground improvements . If Y- Squalicum Water
Association fails to comply with this provision, and by its failure, property is damaged, than Y-
Squalicum Water Association shall be responsible for all damages caused thereby.
Page 7 of 12
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 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.
Page 8of12
(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 alike 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.
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
Page 9 of 12
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 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 granting 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.
Page. 10of12 .
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.
(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.
Page 11 of 12
Section 25 . Repealer.
All other prior existing franchises granted by Whatcom County to the Y- Squalicum 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.
Section 27 . Titles .
The section titles used herein are for reference only and should not be used for the
purpose of interpreting this ordinance .
PETE REMEN, COUNTY EXECUTIVE
APPROVED AS TO FORM :
&Thiel . /64.40Y iobtilio 2 /69/,
Daniel L . Gibson, Asst. Chief Civil DATE
Deputy Prosecuting Attorney
ACCEPTED BY Y- SQUALICUM WATER ASSOCIATION
DATE : t- l til I
BY : %q • t*c
Name . ( WPet56U
Title : i� efr. mi84il Ou
Page 12 of 12
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Exhibit B
ACCEPTANCE OF FRANCHISE
Y- Squalicum Water Association
The Whatcom County Council at its meeting of December 7 , 2010 , adopted
Ordinance 2010 - 069 approving the petition for franchise filed by Y- Squalicum Water
Association . The application and all related documents are available for review in the
Council Office as file number AB2009 -438 .
Y- Squalicum Water Association hereby accepts , subject to all the conditions
contained in Ordinance 2010 - 069 , that certain non - exclusive franchise for the
purpose of purveying water within Whatcom County, together with any successors
and assignees, 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 the Squalicum Lake Road , also known as Whatcom County Road
N o . 80 , from its intersection with the South boundary of Section 19 ,
Township 38 North , Range 4 East ; North to its intersection with the
N orth Y Road , also known as Whatcom County Road No . 114 , and on
the Jensen Road , also known as Whatcom County Road No . 80 , from
the Y Road westward to the point at which it turns southerly and
becomes Agate Bay Lane , than south along Agate Bay Lane to the
geographic boundary of Lake Whatcom Water and Sewer District, and
on the South Y Road and North Y Road , also known as Whatcom
County Road No . 80 and 324 , respectively, and on that portion of the
H enderson Road , also known as Whatcom County Road No . 178 , east
from the Squalicum Lake Road to the end , at approximately the 3100
block of Henderson Road , all of which roads are located in Sections 7 ,
18 and 19 , Township 38 North of Range 4 East of W . M . The rights and
privileges shall also apply to the portions of County roads and rights-
or- 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, payment by petitioner of publication costs incurred
I : \SHARED\FRANCHISES\Exhibit B to Ord - Acceptance of Franchise ( Merge) . doc
by the County Council Office, and Acceptance of Franchise pursuant to Section of the
agreement attached as Exhibit A to Ordinance 2010- 069 .
This franchise, when granted , shall be in effect for a period of twenty-five ( 25 )
years . �il%% uluhIrii,,
NTYC
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�''. WHATCOM COUNTY COUNCIL
ATT -0 : 4 SCI ••• 2 WHATCOM COUNTY, WASHINGTON
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Dana = owri • It i , • ' .� S m Crawford
Clerk ofe►
,hCoinc .ii �� Council Chair
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Agent for the petitioner,
Larry Watson , Manager :
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Date :
State of Washington )
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County of Whatcom )
Signed and sworn to before me on this 7ti., day of , 209t, by
LAX.E.,1 W Alto ,J
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Notary Public in and for the state of Washington ,
2. uT O ' residing at Frick) � �a /
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