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HomeMy WebLinkAboutord1999-015WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99 -105 CLEARANCES Initial Date Date Received in Council Office Agenda Date Aragnedio: rig; "at °" Jeff MOnsen n C C E Q V W I_C l\ /l LC MAR 0 2 1999 WHATCOM COUNTY COUNCIL 03/09/99 Introduction Division Head: 4/6/99 Hearing Dept Hni Jeff MOnscn d " prosecutor Dan Gibson D[, alss(yq - parchasingBadget "'endVe Ply 3-1-111 SUBJECT' Petition for and ordinance in the matter of granting a non- exclusive franchise County to Public Utility District #1 of Skagit ATTACHMENTS: Petition Ordinance Cover memorandum Related County Contract #: Should Clerk schedule a hearing. NO/ / YES / X Requested Date: UMMARY STATEMENT: This 25 -year franchise would allow PUD #1 of Skagit County to install, operate and maintain utility system along county roads, more specifically Summerland Road. Ordinance &Resolution To keep down our copying costs . notate receive a copy after Councilaction. Distribution Request oNy, those who uses List wines to the right ADS FucMR o; Management ADSp➢nance AM Homan Risourcis 14M info Services Assusor Auditor CooperativeE emwn Diana Court Eucu#ve Heahh RECOMMENDEDACTION. Council approval HearkrgE nihyr JaR Juvenile parks Planning COUNCIL ACTION TAKEN: 1999 -105 3Au99: Introduced 4/fiM9: Adopted 7-0, Ord. #99 -015 LA proseculor public Works Jeff Monsen, Ed Henken Sher Superior Court Treasurer Other Ordinance or Resolution Number (this item). j2 6, Akun_nlC W%W6 -- %—1 Vas PETITION FOR FRANCHISE TO THE WHATCOM COUNTY COUNCIL: COMES NOW, Public Utility District No. 1 of Skagit County and respectfully petitions the Whatcom County Council for a twenty -five (25) year franchise to lay, construct, maintain and repair 6 -inch and 8 -inch waterline and all necessary appurtenances along, over and across the following roads situated in Whatcom County, Washington: Summerland Road The petitioner further requests that the Whatcom County Council fix a time and place for a public hearing on the granting of this non - exclusive franchise, and that public notice be given, at the expense of the petitioner, as provided by law, and that, at said hearing, petitioner be granted the franchise as herein requested. DATED: 2/17/99 Public Utility District No. 1 of Skagit County Company Name PO Box 1436 Mailing Address Mount Vernon WA 98273 -1436 City State Zip (360) 424 -7104 Area Code /Phone HiWPFILESPelilion for Franchise.doc Signature of authorized agent or owner Ken Kukuk, General Manager (Please type or print name) WHATCOM COUNTY ptGOM ��G PUBLIC WORKS DEPARTMENT WHATCOM COUNTY COURTHOUSE 111 Grand Avenue % 2 Bellingham, WA 982254038 9`SHING�G JEFFREY M. MONSEN, P.E. Director MEMORANDUM TO: The Honorable Pete Kremen and Honorable Members of the County Council FROM: Jeffrey M. Monsen, Director x") RE: Utility Franchise c� DATE: February 26, 1999 Phone: (360) 676 -6692 County: (360) 398 -1310 FAX: (360) 738 -4561 Public Utility District No. 1 of Skagit County is proposing to install a 6 -inch and 8 -inch water line in an area south of Lake Samish which will extend an estimated 400 to 700 feet along Summerland Road in Whatcom County. The District has submitted a petition for Whatcom County to grant them a non - exclusive utility franchise for the use of the road for this purpose, attached hereto together with the proposed ordinance. Public Works staff will be available for questions and comment at the public hearing. JM/pb Enc. H:\WPFILES \Skagit POD Fmnchise.memo.doc SPONSORED BY: CONSENT PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: 3/9/99 ORDINANCE NO. 99 -015 AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO PUBLIC UTILITY DISTRICT NO.1 OF SKAGIT COUNTY 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 A UTILITY SYSTEM ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREA OF WHATCOM COUNTY WHEREAS, the Home Rule Charter of Whatcom County, Section 9.30 authorizes the County Council to grant non - exclusive franchises for a fixed ten not to exceed 25 years for the use of any street, road or public place; and WHEREAS, R.C.W. 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 WHEREAS, Public Utility District No. 1 of Skagit County (District), a Municipal Corporation, has applied for a 25 -year nonexclusive franchise to construct, erect, alter, improve, renew, replace, repair, operate and maintain a utility system across and along certain roads in and along certain roads in Whatcom County, Washington, and notice of this hearing having been duly published on the 3/27 and 4/3 days of 1999, 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 a period of 25 years; and WHEREAS, the utility system referred to in this franchise is limited to and described as all utilities as authorized by RCW Chapter 54; NOW, THEREFORE, WHATCOM COUNTY DOES ORDAIN that the right, privilege, authority and non- exclusive franchise be, and the same are hereby given and granted to PUBLIC UTILITY DISTRICT N0, 1 OF SKAGIT COUNTY, its successors and assigns, hereinafter referred to as the grantee, for a period of twenty-five years from and after the date of the entry of this order, to construct, alter, improve, renew, replace, repair, operate and maintain a utility system with all convenient appurtenances to said system across and along other County highways, roads, streets, avenues, alleys, and public ways within the boundaries of Whatcom County as now laid out, platted, or dedicated and all the County highways, roads, street, avenues, alleys, and public ways that may hereafter be laid out, platted or dedicated, lying outside of any incorporated town or city, and being situated in the sections, townships and ranges: Summedand Road within: Section 35, T 37 N. R 3 E Section 36, T 37 N, R 3 E upon the following express terms and conditions, to -wit: 1. District Given Authority to Enter Upon County Roads: That said District, its successors and assigns, shall have the night and authority to enter upon the above - mentioned County roads and rights -of -way as designated hereinbefore for the purpose of constructing its utility system and all convenient appurtenances thereto as described hereinbefore and for altering, improving, renewing, replacing and repairing said utility system and appurtenances. 2. Construction Approved by County Engineer: All construction and installation work along or across the above - mentioned County roads or rights -of -way outside of the corporate limits of any incorporated town shall be subject to the County permit process and shall pass the inspection of the County Engineer, and shall conform to all applicable County, State and Federal minimum standards, codes or regulations. The County may, from time to time, upon reasonable notice, require the removal and replacement of the District utility system if it is in the public interest to do so. The County Engineer may also require the removal of an abandoned installation if necessary to protect the public interest. Such removal or replacement shall be at the sole expense of the District and performed with due diligence by the District. 3. Plans. Specifications and Maps: Prior to commencement of construction of said utility system or appurtenances, District shall first file with the County Engineer its application for permit to do such work, together with plans and specifications, in duplicate, showing the position and location of said utility system and appurtenances sought to be constructed at that time, showing their relative position to existing roads and dghts -of -way upon plans drawn to scale hereinafter collectively referred to as the "map of definite location". The utility system and appurtenances shall be laid in exact conformity with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by District. The plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfll, erection of temporary structures, erection of permanent structures, and shall conform to the latest edition of Washington Stale Department of Transportation Standard Specifications for Road and Bridge Construction. All signing and traffic control devices shall be submitted in the plan and shall conform to the manual on Uniform Traffic Control Devices. No such construction shall be commenced without the District first securing a written permit from the County Engineer, including approval endorsed on one set of plans and specifications returned to the District. All such work shall be subject to the approval of and shall pass the inspection of the County Engineer. The District and the County recognize that it is in the best interest of the public not to duplicate inspection costs. Therefore, the parties agree to take all reasonable steps to cooperate and coordinate engineering and inspection services and costs. In the event the County becomes concerned relative to the inspection of a particular project, the following procedure may be implemented: 1. The County shall notify the District in wdfing setting forth the concerns of the County. 2. The District shall respond to the County's concerns in writing within two (2) working days. 3. In the event the parties cannot agree to a solution, the County may choose to assign an inspector to the project. 4. Restoration Guaranteed by Bond: In any work which requires breaking of soil of County roads and dghts-of -way subject to this Franchise for the purpose of construction and maintaining the said utility system and appurtenances, the District 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 District at its own expense and with due diligence shall complete the work for which the soil has been broken and forthwith replace the work and make good the County road and /or rights -of -way, and that the same be left in as good condition as before the work commenced, without leaving any interference to public travel as a result of said construction and with the same grade as before construction or the grade required by the County Engineer; provided, however, that except in the case of emergencies involving the disruption of service or immediate threats to life or property, no such breaking of the soil on County roads and rights -of -way shall be done prior to the obtaining of permit issued by the County Engineer, The District will notify the County in writing within two (2) working days of any emergency work within the County rights - of -way. The expense of necessary road working signs during such work will be bome by the District. All construction shall be done in a manner that minimizes interference with the use of the road. Applications for such a permit shall be accompanied by specifications for the restoration of the County road and /or rights -of -way to the same condition as it was in prior to such breaking based upon the most current State of Washington Department of Transportation specifications, and such specifications must be approved by the County Engineer before such breaking of the soil is commenced. Whatcom County may require confirmation of the Districts contractors' appropriate performance bonds. The County Engineer may at any time do, order, or have done, any and all work that he considers necessary to restore to the same condition as it was prior to such breaking /work, any such County road and /or rights -of -way left by the District which, upon demand, shall pay to the County all costs of such work. 5. Utility Location Preference, All construction of said utility system and appurtenances, service, repair, or relocation of the same, performed along or across the County roads and /or rights -of -way subject to this Agreement shall be done in a manner neither to interfere unreasonably with the construction and maintenance of other utilities, lines, public or private, drainage ditches and structures, irrigation ditches and structures, located therein, nor with the grading or improvement of such County roads, rights -of -way, or other County property. The owners of all utilities, public or private, installed in such County roads and /or rights -of -way prior in time to the utility system and facilities of the Distinct shall have preference as to the positioning and location of such utilities so installed with respect to the District. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such County road or rights -of -way. The County will cooperate with the District regarding separation of utilities as required by Department of Health regulations. 2 6. Minimum Interference with Public Travel: All work done under this Franchise shall be done in a thorough and workmanlike manner. In the installation of the utility system and the opening of trenches and the tunneling under County roads and /or rights -of -way, the District 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. In the event of an emergency requiring immediate action by District for the protection of its facilities or the persons or property, District may take such action and give such notice to the County Engineer's office or the County Sheriffs office as is reasonable and practicable under the circumstances. 7. County May Change and Improve Roads Without Liability: Whatcom County, in entering into this Franchise, does not waive any rights it now has or may hereafter acquire with respect to County roads and /or rights -of -way 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 or control of any County roads and /or rights -of -way covered by this Agreement. The laying, construction, operation and maintenance of the District's utility system and facilities authorized by this Franchise shall not preclude Whatcom County, its agents or its contractors from blasting, contiguous to the said system facilities of the District provided that the District shall be given at least fifteen (15) calendar days notice except in the case of emergencies. The parties recognize that it is in both their interests to be involved in each other's projects that are within this Franchise. 8. Relocation of Utility: If at any time Whatcom County shall improve or change any County road and /or rights -of -way 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 construction drainage facilities, or in the event that such County road and /or rights -of -way subject to this Franchise shall become a primary state highway as provided by law, the District upon written notice from the County Engineer, or the Director of Highways, shall at its sole expense and with due diligence, change the location or readjust the utility system so that the same shall not interfere with such County work and so that said utility system and appurtenances shall conform to such new grades or routes as may be established. Substantial relocation projects that will require specific budget consideration are typically included in the County 6 -year plan in order to give the District sufficient time to include the item in their planning. All work to be performed by the District under this section shall be subject to the direction and approval, and shall pass the inspection of the County Engineer. 9. Location of Public Utility District No. 1: The address of the Public Utility District No. 1. P.O. Box. 1436 Mount Vernon, WA 98273 -2492 Any notification required to be given to the District may be given to the address above stated, provided that the DisMct may from time to time notify said County in writing of a change of address to which notifications are to be sent. 10. Reference Monuments and Markers: Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, road and all other surveys, the District shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the District's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed or disturbed, and the expense of replacement by approved monuments, shall be home by the District. 11. Vacation of County Roads: If, at any time, Whatcom County shall vacate any County road and /or rights -of -way which are subject to the rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road and /or rights -of -way for the use of Whatcom County, in either its proprietary or governmental capacity, then the County Council of Whatcom County shall give written notification to the District not later than ten 0 (10) working days in advance of any hearing on any proposed vacation. At the vacation hearing, the County shall consider such evidence as is submitted relating to the economic benefit or detriment of the vacation to the District in determining whether or not the County will retain a utility easement upon agreement by the District to pay the additional costs incurred by the County as a result of retaining the utility easement. In the event the County shall elect to vacate a County road and does not retain an easement for utilities, the District, upon reasonable notice by the County, shall remove, relocate, improve or protect its water system and appurtenances as is required and at its own expense. 12. District to Indemnify County: The District, by acceptance of the privileges granted hereunder, does hereby agree to defend, indemnify and hold harmless Whatcom County from all claims, actions, suits, liability, costs, expenses, or damages of every kind and description, including investigation costs, court costs, and attorney's fees which may occur to or be suffered or claimed by any person or persons, corporation or property arising out of or in any way connected to the construction, operation and maintenance of District's said utility system and appurtenances. 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 District will, upon prompt notice of any such claims, actions and suits without limitation, defend the same at its sole cost and expense and will have the right to appeal any judgment rendered therein. The District will fully satisfy and pay any judgment rendered against Whatcom County for which it has agreed to protect and save Whatcom County harmless hereunder within ninety (90) days after said action or suit shall have been finally terminated. Acceptance by the County of any work performed by the District at the time of completion shall not be grounds for avoidance of this covenant. 13. Franchise Not Exclusive: 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 and/or rights -of -way subject to this Franchise, and shall in no way prevent or prohibit Whatcom County from constructing, altering, maintaining, using or vacating any of said roads and /or rights -of -way, drainage structures or facilities, irrigation structures or facilities, or any other County property, or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem ft. U. Provisions Bind Successors: All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns 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. 15. Consent of County Prior to Transfer: Neither this Franchise nor any interest herein shall be sold, transferred or assigned without the previous consent in writing of the County Council of Whatcom County; however, such notice is not required in regard to any mortgage by Grantee to the trustee for its bond holders under its first mortgage indenture. Any sale, transfer or assignment of this Franchise in violation of this section shall automatically terminate said Franchise. 16. Use of County Standards: In preparing plans and specifications for the installation of said utility system along or across County roads and rights -of -way, the District shall use as a guide the standards and specifications set forth in the Washington State Department of Transportation standards and as established by the County Engineer. 17. Revocation for Non - Compliance: If the District shall willfully violate or fail, through willful or unreasonable neglect, to comply with any of the provisions of this Franchise for thirty (30) days after receipt of written notice from the Whatcom County Executive or his designee, then the County shall have the right to declare District's forfeiture of all rights hereunder and to declare this Franchise terminated and no further in force or effect thereafter. 18. Modifications: Both parties reserve the right at any time upon sixty (60) days' written notice to the other party, to change, amend, modify, or amplify any of the provisions or conditions herein enumerated to conform to any state statute or departmental order or County regulation, relating to the public welfare, health, safety or highway regulations, as may hereafter be enacted, adopted or promulgated. 19. Severability: If any section, subsection, sentence, clause or phrase of this Franchise is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The parties hereby declare that they would have entered into this Franchise and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity or any portion of this Franchise shall not abate, reduce or otherwise affect any consideration or other obligation required of the District or any grant of right by the County. 20. Insurance: At the time of executing this Franchise, the District is insured through an industry self insurance plan administrated by Pacific Underwriters. Whatcom County shall be given thirty (30) days' written notice prior to cancellation, expiration or any material changes of the insuring agreements. In the event of such material changes, the District will provide the County with assurance that the District has minimum coverage or equivalent as follows: Bodily Injury Liability $5,000,000.00 Including Automobile Liability each occurrence Property Damage Liability $1,000,000.00 Including Automobile Property Damage each occurrence 21. Force Maieure: The District shall not be deemed in default of any provisions of this Franchise or subjected to any penalty hereunder where performance or compliance is prevented by acts of God, civil emergencies, natural disasters or other such circumstances beyond the District` s reasonable control. 22. Grantee to File Acceptance: The full acceptance of this Franchise and all its terms and conditions by Commissioners of Public Utrility District No. 1 of Skagit County within thirty (30) days from the date of execution by the County Council of Whatcom County in writing is to be fled with the Clerk of the County Council of said County and shall be a condition precedent to its taking effect and, unless the Franchisee is accepted within such time, this grant shall be null and void. ADOPTEDthis ethdayof April 1 1999. ATTEST: Dana Brown-Davis, Clerk of the Council APPROVED AS TO FORM: w✓ Dan Gibson, Senior Civil Deputy Prosecuting Attorney 10 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON arleon, Council ( 'Approved () Denied ete Kremen, County Executive Date: 5' -1'/`?