HomeMy WebLinkAboutord1987-026DRAFT No. 2 INTRODUCED BY: CONSENT
1 March 27, 1987
2 PROPOSED BY: Public Works Dept.
DATE INTRODUCED: March 19, 1987
3 - -�
ORDINANCE NO. 87-26
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5 AN ORDINANCE IN THE MATTER OF GRANTING A NON-
EXCLUSIVE FRANCHISE TO POINT ROBERTS WATER
6 DISTRICT NO. 4, 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 MAINS AND WATER
8 DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN
THE UNINCORPORATED AREAS OF WHATCOM COUNTY
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10 WHEREAS, the Home Rule Charter for Whatcom County authorizes the County
11 Council to grant non- exclusive franchises for a fixed term not to exceed 25
12 ears for the use of any street, road or public place; and
13 WHEREAS, R'i.C.W. Chapter 36.55 and Section 36.55.010 provides that the
14 County Council may grant franchises to persons or private or municipal cor-
15 porations to use that right -of -way of County roads in their respective counties
16 for the construction! and maintenance of water works, gas pipes, telephones,
17 telegraph and electrical light lines, sewers and other such facilities and
18 including cable television wires and other cable television facilities; and
19 WHEREAS, Point Roberts Water District No. 4 has applied for a 25 -year
20 nonexclusive franchise for installation, operation, maintenance, and repair of
21 water mains and water distribution lines in and along certain roads in Whatcom
22 County, Washington, and notice of this hearing having been duly published on
23 he 15th and 29th days of April , 1987, in the Bellingham Herald,
24 he official newspaper for Whatcom County, and that it appearing to the County
25 ouncil that notice of said hearing having been given as required by law and
26 that it is in the public interest to grant the franchise for a period of 25
27 ears; and
28 WHEREAS, Point Roberts Water District No. 4 has agreed to the addition
29 of certain administrative provisions to the franchise as provided herein;
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31 RDINANCE - 1.
32 rafted 3/27/87
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NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
Washington:
Section 1. Franchise Granted
(a) A non - exclusive franchise for Point Roberts Water District No. 4,
located in the county of Whatcom, its successors and assignees, referred to as
the grantee, is hereby granted for a period of 25 years, the non - exclusive
rights and privilege to construct, erect, operate, maintain, and repair water
mains and water distribution lines in, along and across county roads or por-
tions thereof as named herein.
(b) The rights and privileges granted herein shall apply to all roads
and public ways listed as follows:
Section 1, T 40 N, R 3 W, W.M.
Madrona Place
And along al.l unnamed roads in the proposed plat of Bay View Park
Division No. 1 and in the proposed plat of Cedar Point
Section 2, T 40 N, R 3 W, W.M.
APA Road No. 540
Elk Road
Moose Trail Road
Bear Trap Road
Fox Hole Road
Cedar Park Drive
And along all unnamed roads in the proposed plats of Sunset Hill
and Cedar Park Addition No. 2
Benson Road
Elk Road
And along all unnamed roads in the proposed plat of Deer Park
County Road No. 543 from County Road No. 351 to County Road No.542
County Road 351 from County Road 540 to Country Road 543
West 30 ft of N4 of NE% of S2,T4ON,R3 from approximately 1000
feet south of Johnson Road to Johnson Road
Section 3, T 40 N, R 3 W, W.M.
Evergreen Way
Cabana Way
Windsor Drive
Evergreen Way in the proposed plat of Shadyglen -South
Rex Street
Jonna Drive
Iris Boulevard
Toue Drive
And all cul -de -sacs north of Rex Street in the proposed plat of
Panther- Nielson Estates No. 1
j Peltier Drive
And along all unnamed roads in the proposed plat of Sunset Terrace
County Road 567 from Johnson Road to County Road 543
County Road 542 from County Road 543 to approximately 170 feet
south of County Road 541 (Gulf Rd)
County Road 543 from County Road 542 to County Road 301
County Road 301 & 541 from County Road•543 to County Road 301
ORDINANCE - 2.
Date drafted: 3/27/87
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Section 3, T 40 N, R 3 W, W.M. (continued)
County Road 301 from County Road 542 to east line of S4,T4ON,R3W
All roads in plat of Cedar Grove
All roads in plat of Georgia Vista
County Road 301 from approximately 550 feet north of Gulf Ave to
Gulf Ave.
County Road 543 from County Road 351 to approximately 1340 feet
east of County Road 351
West 30 ft of Shadyglen from Johnson Road to Austin Road
Austin Road from west line of Plat of Shadyglen to Windsor Drive
Shadyglen Avenue from Johnson Road to Austin Road
Windsor Drive from Johnson Road to Austin Road
Section 4, T 40 N, R 3 W, W.M.
Marine Drive
County Road 301 from east line of S4,T4ON,R3 to Front Street
Marine Drive from south line of Sunset Ridge Plat to approximately
150 feet south of north line of SY2 of * of S4,T40,R3W
All roads in Plat of Williams Beach
Easement road lying approximately 1840 feet north of and parallel
to Gulf Road from Marine Drive to approximately 450 feet west of
Marine Drive.
Easement road lying approximately 1600 feet north of and parallel
to Gulf Ave from Marine Drive to approximately 150 feet west of
Marine Drive.
Easement road lying approximately 175 feet west of Marine Drive
from approximately 1600 feet north of Gulf Avenue to approxima-
tely 1840 feet north of Gulf Avenue.
Easement road lying approximately 400 feet west of Marine Drive
from approximately 1470 feet north of Gulf Avenue to approxima-
tely 2170 feet north of Gulf Avenue.
Peltier Drive from Marine Drive to approximately 760 feet east of
Marine Drive.
Easement Road lying approximately 310 feet north of and parallel
to Gulf Road from east line of S4,T4ON,R3W to approximately 590
feet west of east line of S4,T4ON,R3W.
Section 9, T 40 N, R 3 W, W.M.
Marine Drive
Section 10, T 40 N, R 3 W, W.M.
Edwards Drive
County Road 540 from Largaud Drive to approximately 400 feet west
of Largaud Drive
Meadow Avenue from Largaud Drive to approximately 400 feet west of
Largaud Drive
Calhoun Drive from County Road 540 to Meadow Avenue
Section 11,.T 40 N, R 3 W, W.M.
APA Road No. 540
Pauls Road No. 370
Highland Drive
Cliffside Drive
County Road 540 from Largaud Drive to approximately 480 feet east
of Maple Ave.
Largaud Drive from County Road 540 to approximately 1800 feet
south of County Road 540
Lopez from Largaud Drive to approximately 330 feet east of Largaud
Drive
ORDINANCE - 3
Date drafted: 3/27/87
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Section 11, T 40 N, R 3 W, W.M. (continued)
Orcas Way from Largaud Drive to approximately 330 feet east of
Largaud Drive.
Lummi Way from Largaud Drive to approximately 330 feet east of
Largaud Drive.
Sucia Way from Largaud Drive to approximately 330 feet east of
Largaud Drive.
Patos Way from Largaud Drive to approximately 330 feet east of
Largaud Drive.
Matis Way from Largaud Drive to approximately 330 feet east of
Largaud Drive.
Unnamed road lying approximately 510 feet west of South Beach Road
from County Road 540 to Marine Drive.
Unnamed road lying approximately 260 feet west of South Beach Road
from County Road 540 to Marine Drive.
Marine Drive from Largaud Road to South Beach Road
Waters Road from South Beach Road to approximately 60 feet east of
Silvia Drive.
Holiday Lane from Silvia Drive to approximately 120 feet west of
Roberts Drive.
Kendor Drive lying approximately 520 feet east of South Beach
Drive from Waters Road to approximately 490 feet south of Waters
Road.
Kendor Drive lying approximately 280 feet east of South Beach
Drive from from Waters Road to approximately 540 feet south of
Waters Road.
Kendor Drive lying between approximately 490 to 540 feet south of
Waters Road from approximately 520 feet east of South Beach
Drive to approximately 280 feet east of South Beach Drive.
Roberts Drive from Waters Road to Holiday Lane.
Crystal Drive from Waters Road to Holiday Lane.
Silvia Drive from Waters Road to Holiday Lane.
Crystal Beach Drive from County Road 540 to Waters Road
Saturna Place from Crystal Beach Road to approximately 240 feet
west of Crystal Beach Road.
Waldron Place from Crystal Beach Road to approximately 240 feet
west of Crystal Beach Road.
Ash Avenue from South Beach Road to Maple Avenue.
Maple Avenue from County Road 540 to Waters Road.
Evergreen Lane from County Road 540 to Ash Avenue.
Section 35, T 40 N, R 3 W, W.M.
Johnson Road from Monte Drive to west line of Plat of Shadyglen
Section 3, T 41 N, R 3 W, W.M.
Tyee Drive, County Road 542
Section 34, T 41 N, R 3 W, W.M.
Iris Blvd.
Delano Way
And along all unnamed roads in the proposed plat of Iris Park
Roosevelt Way
Winston Drive
Churchill Drive
Massey Way
McKenzie Way
Tyee Drive
Delano Way
And along all unnamed roads in the proposed Dogwood Park Plat
Cliff Road from Province Road to Toronto Way
Roosevelt Road from N/S center line of S35, T41N, R3W west to ap-
proximately 3/4 mile to intersection of Province Road.
ORDINANCE - 4.
Date drafted: 3/27/87
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Section 35, T 41 N, R 3 W, W.M.
Washington Drive
Kennedy Road
And along the unnamed road in the proposed plat of Sanders Heights
Donegal Drive
Wicklow Place
Kilarney Place
Johnson Road from approximately 30 feet east of N/S centerline
S359 T41N, R3W to Monte Drive.
Monte Drive from Johnson Road to Province Road
Drake Avenue from Monte Drive to Wellington Road
Nelson Road from Drake Avenue to approximately 300 feet south of
Drake Avenue.
Wellington Road from Monte Drive to approximately 750 feet east of
Monte Drive.
Raleigh Drive from Monte Drive to approximately 350 feet east of
Monte Drive.
Province Road from Monte Drive to northwesterly to Roosevelt Road.
Province Road from Monte Drive, easterly and northerly to
Roosevelt Road.
Toronto Way from Province Road to Cliff Road
Cliff Road from Toronto Way to Calgary Way
Regina Way from Province Road approximately 400 feet northerly of
Province Road.
Victoria Way from Province Road approximately 450 feet northerly
of Province Road.
Calgary Way from Province Road to Cliff Road.
Cliff Road from Calgary Road east to Province Road.
Alberta Way from Roosevelt Road approximately 300 feet south of
Roosevelt Road.
Manitoba Way from Roosevelt Road to approximately 350 feet south
of Roosevelt Road.
Quebec Way from Roosevelt Road to approximately 400 feet south of
Roosevelt Road.
Ontario Way from Roosevelt Road to approximately 450 feet south of
Roosevelt Road.
Approximately 300 feet westerly of Alberta Drive and parallel
thereto from Roosevelt Road to approximately 200 feet southerly
of Roosevelt Road.
Section 2. Acceptance of franchise.
(a) No franchise hereunder shall become effective for any purpose
less and until written acceptance therefore shall have been filed with the
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W County Council and County Director of Public Works and such written
25 acceptance shall be in form and substance as shall be prescribed and approved
27 Ilby 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
28 Ilfranchi se;
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32 ORDINANCE - 5
Date drafted: 3/27/87
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(b) Such written acceptance shall be filed by Grantee not later that
he thirtieth day following the effective date of the ordinance granting such
ranchise.; and in default of the filing of such written acceptance as herein
equired, Grantee shall be deemed to have rejected the same.
Section 3. Entering Rights of Way.
The Grantee, its successors and assignees, shall have the right and
uthority to enter upon the above - mentioned county roads, rights -of -way and
ther county property as designated hereinbefore, for the purposes of
onstructing, operating, maintaining and repairing water mains and water
istribution lines and facilities and operating and maintaining such lines and
acilities.
Section 4. Construction Standards.
All construction and installation work along and under county roads or
ights -of -way or other County property outside the corporate limits of any
ncorporated town shall be subject to the approval and pass the inspection of
he Director of Public Works and shall conform to all applicable County and
tate codes or regulations, and the County expressly reserves the right to
rescribe how and where water mains and water distribution lines shall be
nstalled and may from time to time, upon reasonable notice, require the removal
nd replacement thereof in the public interest, at the expense of the franchise
older.
Section 5. Construction Application.
(a) Prior to commencement of construction of said water mains and water
distribution lines, Grantee shall first file with the Director of Public Works
its application for permit to do such work, together with plans and specifica-
tions in duplicate showing the position and location of all such lines and faci-
lities sought to be constructed, laid, installed or erected at that time,
showing their relative position to existing county roads, rights -of -way or other
ounty property upon plans drawn to scale, hereinafter collectively referred to
s the "map of definite location."
DINANCE - 6.
to drafted: 3/27/87
1 (b) The water lines and appurtenant facilities shall be laid in exact
2 conformity with said map of definite location, except in instances in which
3 deviation may be allowed thereafter in writing by the Director of Public Works
4 pursuant to application by Grantee. The plans and specifications shall specify
5 the class and type of material and equipment to be used, manner of excavation,
6 construction, installation, backfill, erection of temporary structures, erection
7 of permanent structures, traffic control, traffic turn -outs and road obstruc-
8 tion, etc. No such construction shall be commenced without the Grantee first
9 securing a written permit from the Director of Public Works, including approval
10 endorsed on one set of plans and specifications returned to the Grantee. All
11 such work shall be subject to the approval of and shall pass the inspection of
12 the Director of Public Works. The Grantee shall pay all actual and necessary
13 costs of and expenses incurred in the examination, inspection and approval of
14 such work on account of granting said permits.
15 Section 6. Construction on Roadways /Other County Property.
16 (a) In any work which requires breaking of soil of the county roads,
17 rights -of -way or other county property subject to this franchise for the purpose
18 of laying, relaying, connecting, disconnecting and repairing the said
19 transmission lines and facilities, and making connections between the same to
20 structures and buildings of consumers or making connections to other facilities
21 of the Grantee now in existence or hereafter constructed, the Grantee shall be
22 governed by and conform to the general rules adopted by the officers charged
23 with the supervision and care of such county roads, rights -of -way, and other
24 county property; and the Grantee at its own expense and with all convenient
25 speed shall complete the work for which the soil has been broken and forthwith
26 replace the work and make good the county road, rights -of -way or other county
27 property and leave the same in as good condition as before the work. was com-
28 menced.
29 (b) Applications for permits referred to in Section 5 above shall be
30 accompanied by specifications for the restoration of the county road, rights -of-
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ORDINANCE - 7.
Date drafted: 3/27/87
ay or other county property and to the same condition it was prior to such
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2 reaking, and such specifications must be approved by the Director of Public
3 orks before such breaking of the soil is commenced. Provided, that the
4 irector of Public Works may require a performance bond in the sum sufficient to
5 guarantee that such county roads, rights -of -way or other county property shall
6 e restored to the same condition as they were prior to the breaking of the
7 oil. Said bond shall be in addition to any other such requirements contained
erein.
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9 (c) The Director of Public Works may at any time order, or have done,
10 ny and all work that it considers necessary to restore to a safe condition any
11 such county road, rights -of -way or other county property left by the Grantee or
12 'ts agents in a condition dangerous to life or property, and the Grantee upon
11 emand shall pay to the County all costs of such work.
14 Section 7. Construction - Other Lines and Facilities.
15 (a) All construction or installation of such water lines or water
16 istributing systems, service, repair or relocation of same, performed above,
17 long or within the county rights -of -way or other county property subject to
18 his franchise shall be done in such a manner as not to interfere with the
19 onstruction and maintenance of other utilities' lines, public or private,
20 rains, drainage ditches and structures, irrigation ditches and structures
21 located therein, nor with the grading or improvement of such county roads,
22 �ights-of-way or other county property.
23 (b) The owners of all utilities, public or private, installed prior in
24 ime to the line and facilities of the Grantee shall have preference as to the
25 ositioning and location of such utilities so installed with respect to the
26 rantee. Such preference shall continue in the event of the necessity of relo-
27 sting or changing the grade of any such county road or right -of -way.
28 Section 8. Construction - Public Safety and Inconvenience.
29 All work done under this franchise shall be done in a thorough and
30 orkmanlike manner. In the laying of transmission lines and the construction of
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INANCE - 8.
e drafted: 3/27/87
I rights -of -way or other county property, the Grantee shall leave such trenches,
2 itches and tunnels in such a way as to interfere as little as possible with
3 public travel and shall take all due and necessary precautions to guard the
4 ame, so that damage or injury shall not occur or arise by reason of such work;
5 and where any of such trenches, ditches, or tunnels are left open at night, the
6 Grantee shall place warning lights and barricades at such a position as to give
7 dequate warning of such work. The Grantee shall be liable for any injury to
8 person or persons or damage to property sustained through its carelessness or
9 neglect, Or through any failure or neglect to properly guard or give warning of
10 ny trenches, ditches or tunnels dug or maintained by the Grantee.
11 Section 9. County Rights Reserved.
12 The County of Whatcom in granting this franchise, does not waive any
13_ ights which it has now or may hereafter acquire with respect to county roads,
14 rights-of-way or other county property and this franchise shall not be construed
15 to deprive the County of any powers, rights or privileges which it now has or
16 ay hereafter acquire to regulate the use of and to control the county roads,
17 rights-of-way or other County property covered by this franchise. This
18 franchise shall be subject to the power of eminent domain, and in any proceeding
19 nder eminent domain, the franchise itself shall have no value.
20' Section 10. Relocation of Lines and Facilities.
21 (a) If at any time the County of Whatcom shall improve or change any
22 ounty road, right -of -way or other county property subject to this franchise by
23 3rading or regrading, planking or paving the same, changing the grade, altering,
24 hanging, repairing or relocating the same or by constructing drainage facili-
25 ies, or in the event that such county road, right -of -way or other county pro -
26 erty subject to this franchise shall become a Primary State Highway as provided
27 y law, the Grantee upon written notice from the Director of Public Works or the
28 irector of Highways, shall at its sole expense, immediately change the location
29 r readjust the elevation of its transmission lines and other facilities so that
30 he same shall not interfere with such County work and so that such lines and
31 [acilities shall conform to such new grades or routes as may be established.
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DINANCE - 9.
to drafted: 3/27/87
he County of Whatcom shall in no wise be held liable for any damage to said
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2 rantee that may occur by reason of any of the County's improvements, changes or
3 orks above enumerated.
4 (b) All work to be performed by the Grantee under this section shall be
5 nder the direction and approval, and shall pass the inspection of the Director
6 of Public Works. The Grantee shall pay all actual and necessary costs and
7 xpenses incurred in the examination, inspection and approval of such work.
8 Section 11. County Road Work Permitted.
9 The laying, construction, operation and maintenance of the Grantee's
10 ransmission lines and facilities authorized by this franchise shall not
11 reclude the County of Whatcom, its agents or its contractors from blasting,
12 grading, excavating or doing other necessary road work contiguous to the said
13. lines and facilities of the Grantee provided that the Grantee shall be given
14 forty-eight (48) hours notice of said blasting or other work in order that the
15 rantee may protect its lines and facilities.
16 Section 12. Monuments and Survey Markers.
17 (a) Before any work is performed under this franchise which may affect
18 any existing monuments or markers of any nature relating to subdivisions, plats,
19 oads and all other surveys, the Grantee shall reference all such monuments and
20 arkers. The reference points shall be so located that they will not be
21 isturbed during the Grantee's operations under this franchise. The method of
22 eferencing these monuments or other points to be referenced shall be approved
23 y the Director of Public Works. The replacement of all such monuments or other
24 oints to be referenced shall be approved by the Director of Public Works. The
25 eplacement of all such monuments or markers disturbed during construction shall
26 a made as expeditiously as conditions permit, and as directed by the Director
27 f Public Works. The cost of monuments or other markers lost, destroyed or
28 isturbed, and the expense of replacement by approved monuments shall be borne
29 y the Grantee.
30 (b) A complete set of reference notes for monuments and other ties
31 [hall be filed with the Whatcom County Director of Public Works.
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DINANCE - 10.
to drafted: 3/27/87
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Section 13. Vacations.
If at any time the County of Whatcom shall vacate any county road,
right -of -way or other county property which is subject to the rights granted
)y this franchise and said vacation shall be for the purpose of acquiring the
fee of other property interest in said road, rights -of -way or other county pro -
)erty for the use of Whatcom County, in either its proprietary or governmental
7 apacity, then the Council of Whatcom County may at its option and by giving
8 thirty (30) days written notice to the Grantee, terminate this franchise with
9 reference to such county road, right -of -way or other county property so vacated
10 nd the County of Whatcom shall not be liable for any damages or loss to the
11 rantee by reason of such termination.
12 Section 14. Indemnification.
13. (a) The Grantee by acceptance of the privileges granted hereunder, does
14 ereby agree and covenant to indemnify, defend, and save harmless Whatcom County
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and those persons who were, are now, or shall be duly elected or appointed offi-
16 ials or members or employees thereof, against and from any loss, damage, costs,
17 harges, expenses, liability, claims, demands or judgments whatsoever kind or
18 ature whether to persilbns or property, arising wholly or partially out of any
19 ct, action, neglect, omissions or default on the part of the Grantee, his sub -
20 ontractors and /or employees which may occur by reason of construction, opera -
21 ion and maintenance of the Grantee's said transmission lines and facilities.
22 n case that suit or action is brought against the County of Whatcom for damages
23 arising out of or by reason of the above - mentioned causes, the Grantee will upon
24 otice to him of the filing of a claim or the commencement of said action,
25 ppear and defend the same at its sole cost and expense, and in case judgment
26 hall be rendered against the County of Whatcom in suit or action, the Grantee
27 ill fully satisfy said judgment within ninety (90) days after said suit or
28 ction shall have finally been determined, if determined adversely to Whatcom
29 ounty. Upon the Grantee's failure to satisfy said judgment within a ninety
30 90) day period, this franchise shall at once cease and terminate and the County
31 Pf Whatcom shall have a lien upon the transmission lines and all other facili-
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DINANCE - 11.
to drafted: 3/27/87
'ties used in its construction, operation and maintenance of the Grantee's
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2 transmission system which may be enforced against the property for the full
3 mount of any such judgment so taken against Whatcom County.
4 (b) Acceptance by the County of any work performed by the Grantee at
5 he time of completion shall not be grounds for avoidance of this covenant.
Section 15. Non - Exclusive Franchise.
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7 This franchise shall not be deemed to be an exclusive franchise. It
8 hall in no manner prohibit the County of Whatcom from granting other franchises
9 f a like nature or franchises for other public or private utilities under,
10 long, across, over and upon any of the county roads, rights -of -way, or other
11 ounty property subject to franchise, and shall in no wise prevent or prohibit
12 he County of Whatcom from construction, altering, maintaining, using or
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acating any of said roads, rights -of -way, drainage structures or facilities,
14 irrigation structure or facilities, or any other County property or. affect is
15 jurisdiction over them with full power to make all necessary changes, reloca-
16 ions, repairs, maintenance as the County may deem fit.
17 Section 16. Successors and Assignees.
18 All the provisions, conditions, regulations and requirements herein
19 ontained shall be binding upon the successors and assignees of the Grantee, and
20 ill privileges, as well as all obligations and liabilities of the Grantee shall
21 inure to its successors and assignees equally as if they were specifically men -
22 ioned wherever the Grantee is mentioned herein.
23 Section 17. Transferability.
24 Neither this franchise nor any interest therein shall be sold, trans -
25 erred or assigned without the previous consent in writing of the Council of
26 hatcom County, such consent not to be unreasonably withheld.
27 Section 18. Incorporation.
28 Whenever any of the county roads, rights -of -way or other county pro -
29 lerty as designated in this franchise, by reason of the subsequent incorporation
30 f any town or city, or extension of the limits of any town or city shall fall
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DINANCE - 12.
to drafted: 3/27/87
I ithin the city or town limits this franchise shall continue in force and affect
2 is to all county roads, rights -of -way or other county property not so included
3 in city or town limits.
4 Section 19. Enforcement /Remedies.
5 If the Grantee shall willfully violate, or fail to comply with any of
6 he provisions of this franchise through willful or unreasonable neglect, or
ail to heed or comply with any notice given the Grantee under the provisions of
8 his franchise, then the said Grantee shall forfeit all rights conferred
9 hereunder, and this franchise may be revoked or annulled by the Council of
10 hatcom County. In addition to any rights implied or set out elsewhere in this
11 rdinance, the Council reserves the right to require the Grantee to specifically
12 omply with the terms and conditions of the franchise ordinance, and this
13. ranchise may be terminated at any time if the Grantee's lines and facilities
14 re not operated or maintained in accordance with such statute, order or regula-
15 ion.
16 Section 20. Reservation of Home Rule Charter Rights.
17 This franchise is subject to the provisions of the Home Rule Charter
18 or Whatcom County and, in particular, Section 9.30 thereof which provides as
19 ollows: All franchises granted by the County Council shall be for a fixed term
20 of to exceed twenty -five (25) years and no exclusive franchise shall be granted
21 or the.use of any street, road, or public place. All franchises shall be sub -
22 ect to the power of eminent domain and the right of the Council or the people
23 cting for themselves through the initiative or referendum to repeal, amend or
24 odify the franchise in the interest of the public; and every ordinance granting
25 franchise shall contain a reservation of these rights. In any proceeding
26 nder eminent domain the franchise itself shall have no value.
27 Section 21. Compliance with Laws and Regulations.
28 This franchise is subject to, and the Grantee shall comply with all
29 pplicable Federal, State, County or municipal laws, regulations and policies
qn Iffecting performance under this franchise.
DINANCE - 13.
to drafted: 3/27/87
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Section 22. Insurance.
(a) Upon acceptance of such franchise, the Grantee shall file with the
hatcom County Council, and shall thereafter, during the entire term of such
ranchise, maintain in full force and effect, a corporate insurance policy or
Cher adequate surety agreement in the amount of THREE HUNDRED THOUSAND DOLLARS
6 $300,000.00) for the property damage coverage, and ONE HUNDRED THOUSAND DOLLARS
7 $100,000.00) for public liability coverage, so as to protect the County against
8 amages or costs as set forth in Section 14 above, and there shall be reco-
9 erable, jointly and seperately from the principal and surety, any such damages
10 r costs suffered or incurred by the County, including attorneys' fees and costs
11 if any action, or proceedings, and including the full amount of any compen-
12 'ation, indemnification, cost of removal of any property or other costs which
13.
Jay be incurred up to the full principal amount of such insurance policy; and
14 aid condition shall be a continuing obligation during the entire term of such
15 ranchise and thereafter until Grantee shall have satisfied in full any and all
16 bligations to the County and any user which arise out of or pertain to said
17 ranchise. Neither the provisions of this section, nor any insurance policy
18 ccepted by the County pursuant hereto, nor any damages recovered by the County
19 hereunder, shall be construed to excuse faithful performance by the Grantee, or
20 imit the liability of the Grantee under any franchise issued pursuant to this
21 rdinance.
22 (b) The County reserves the right to have its legislative body review
23 he dollar amount of said insurance policy and adjust the amount of coverage as
24 eemed appropriate upon an annual basis.
25 Section 23. License, Tax and Other Charges.
26 No privileges or rights granted hereunder shall exempt Grantee from any
27 uture uniform rent, license, tax charge or impost which may hereafter be
28 1equired'
by the Grantor, for revenue or as reimbursement for use and occupancy
29 f public ways, and failure to timely remit any sums properly due thereby, shall
30 a cause for forfeiture of rights hereunder.
31
32
RDINANCE - 14.
ate drafted: 3/27/87
ublished on April 15 & 29 and May 13, 1987
24
his Ordinance shall become effective on May 18, 1987
25
26
27
28
29
30
31
32
RDINANCE - 15.
Pate drafted: 3/27/87
Section 24. Repealer.
I
All other prior existing franchises
granted to Point Roberts Water
2
istrict No. 4 shall be repealed, and the
terms of the franchise granted
3
ereunder shall become effective at such
time as an accedptance of franchise is
4
5
fled by the Grantee with the County in accordance with Section 2 herein.
6
Section 25. Severability.
7
If any portion of the ordinance
is deemed invalid the remainder will
8
emain in effect.
9
Section 26. Titles.
10
The section titles used herein are
for reference only and should not be
11
sed for the purpose of interpreting this
ordinance.
12
PASSED this 7th day of
May 19 87
13.
WHATCOM COUNTY COUNCIL
WHATCOM--G9UNT�Y-; ASHI ON
14
/GUI���/ U
15
OM BURT N
TTEST•
CHAIRPERSON
16
17
arol Ebergson
lerk of the Council
( ✓) APPROVED VETOED
18
( )
19
AL Gw ✓
20
HIRLEY VAN ANTEN
PPROVED AS TO FORM:
COUNTY EXECUTIVE
21
�
May 8, 1987
22
tandall J. a s, Chief Civil
DATE
eputy Prosec ing Attorney
23
ublished on April 15 & 29 and May 13, 1987
24
his Ordinance shall become effective on May 18, 1987
25
26
27
28
29
30
31
32
RDINANCE - 15.
Pate drafted: 3/27/87