The URL can be used to link to this page

Home My WebLink Aboutord2004-022WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 - 114 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong, Dept: County Council 211712004 2/9/2004 Introduction Division Head: Dept Head: Prosecutor: ,m 04 Budget: Executive: SUBJECT' Ordinance amending WCC 12.24, Franchies Requirement ATTACHMENTS Proposed ordinance SUMMARY STATEMENT: _. Related County Contact G Should the Clerk schedule hearing? (Y/I)Y Requested Dare. 3 @3/2004 The propose of this ordinance is to clarify the process for franchise applications fees and the more clearly define the process for charming a franchise from Whatcom County. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2004- 114 31912004: Introduced 3/23/2004: Adopted 7 -0, Ord. #2004 -022 Related File Numbers: Ordinance or Resolution Number (this item only): ORD, - +2004.022 SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: 3 /9 /na ORDINANCE NO. 2004 -022 AMENDING WHATCOM COUNTY CODE (WCC) CHAPTER 12.24, FRANCHISE REQUIREMENTS WHEREAS, the Home Rule Charter of Whatcom County, Section 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, the Revised Code of Washington (RCW) Chapter 36.55 provides that the County Council may grant franchises to persons or private or municipal corporations to use that right -of -way of county roads in their respective counties 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 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 12.24 is hereby amended as shown in Exhibit A to this ordinance. day of March , 2004. 4HAT( Dana Brown,t5!(y��l Council Clerk•..,, ,oa APPROVED AS TO FORM: David Gra Senior Civil Deputy Prosecutor WHA OM COUNTY COUNCIL W T OM COUNTY, WASHINGTON lll Dan McShane Council Chair _ ( Approved\( ) De 'ad Pete Kremen County Executive I: \SHARED \0RD \2004 \Amend WCC 12.24 Franchise Requirements -Final Version.tloc WHEREAS, the County Council wishes to amend WCC Chapter 12.24 to more clearly define the process for obtaining a franchise from the county; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 12.24 is hereby amended as shown in Exhibit A to this ordinance. day of March , 2004. 4HAT( Dana Brown,t5!(y��l Council Clerk•..,, ,oa APPROVED AS TO FORM: David Gra Senior Civil Deputy Prosecutor WHA OM COUNTY COUNCIL W T OM COUNTY, WASHINGTON lll Dan McShane Council Chair _ ( Approved\( ) De 'ad Pete Kremen County Executive I: \SHARED \0RD \2004 \Amend WCC 12.24 Franchise Requirements -Final Version.tloc Chapter 12.24 FRANCHISE REQUIREMENTS 17 12.24.011 9n 010 Sketiah _ of nr..nnsed 'net.. la ' Authority YVVVV .V`Vv`v 12.24.021 authority contained in the Revised Application requirements 12.24.031 Charter Forward to Public Works 12.24.041 Section 9.30, Ordinance 12.24.051 Application- notice of hearing 12.24.061 Recording of franchise 12.24.070 Submittal of plans and specifications 12.24.080 Time limit 12.24.090 Surety bonds 12.24.100 Inspection 12.24.110 Approval of alteration or revision 12.24.120 Liabilitv for construction or maintenance 12.24.011 Authority This chanter is enacted pursuant to authority contained in the Revised Code of Washington (RCW) Charter 36.55 and Whatcom County Charter Section 9.30, 12.24.021 Application requirements A. Application for franchises on county roads and bridges shall be submitted to the Whatcom County Council pursuant to RCW 36.55.040. B. Every franchise aoolication submitted to the County Council shall be accompanied by a franchise aoolication fee as set forth in the current 12.24.031 Forward to Public Works 1: \SHARED \ORD \2004 \Amend WCC 12.24 Franchise Requirements -Dan's Changes- Exhibit Only -Track Changes.doc to the director of Whatcom County Public Works or the county engineer . (Ord. 93- 066 Exh. A; prior code § 47444A^ Gr4 44 010) 12.24.041 Ordinance Whatcom County Public Works Director or the county engineer shall Prepare an ordinance granting the franchise for consideration by the county council. 12 24 051 Application — Notice of hearing The clerk of the council shall schedule a oublic hearing on the ordinance granting the franchise pursuant to RCW 36.55.050, 12.24.061 Recording of franchise The Whatcom County council clerk shall cause the franchise to be recorded by the county auditor pursuant to RCW 36 55.080. 12.''=- 24.02012.24.070 Submittal of plans and specifications. There shall be submitted to the director of Whatcom County tran6peFtaton servGespublic works or the county engineer three copies of the final plans, specifications or special provisions of the proposed installation, at the time of the granting of a franchise. (Ord. 93 -066 Exh. A; prior code § 4.44.020). 1'l 2 �.�_ 4_0303012.24.080 Time limit. There shall be a time limit imposed upon the construction of any facility granted by franchise on any county road or bridge, subject to the approval of the county engineer. (Prior code § 4.44.030). 12.24.01012.24.090 Surety bonds. There shall be a surety bond posted at the time of granting a franchise for any facility upon a county road or bridge to insure replacement of any county road or bridge to its original condition and shall be in an amount not less than 10 percent of the total estimate of the proposed installation and releasable only by the county engineer. (Ord. 93 -066 Exh. A; prior code § 4.44.040). 42 3.24- .95012.24.100 Inspection. 1: \SHARED \ORD \2004\Amend WCC 12.24 Franchise Requirements -Dan's Changes- Exhibit Only -Track Changes.doc There shall be adequate inspection by an inspector approved by the county engineer who shall be responsible to the county engineer for all construction of any facility upon any county road or bridge. (Prior code § 4.44.050). 12.2x.06012.24.110 Approval of alteration or revision. No alteration or revisions of plans as submitted at the time of granting a franchise shall be permitted by a person or persons, or any franchise - holder, unless prior approval is requested and submitted to the county engineer. (Ord. 93 -066 Exh. A; prior code § 4.44.060). +247n12.24.120 Liability for construction or maintenance. The foregoing regulations are not to be construed as relieving the franchise holder of any responsibility or liability for the construction, reconstruction, or maintenance of such facilities as the franchise may grant. (Prior code § 4.44.070). I: \SHARED \O RD \2004 \Amend WCC 12.24 Franchise Requirements -Dan's Changes- Exhibit Only -Track Changes.doc