HomeMy WebLinkAboutord1986-002Substitute Ordinance INTRODUCED BY r?[T1EPdrCIIrR
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PROPOSED BY Public Works
DATE January 2, 1.986
ORDINANCE NO. 862
AN ORDINANCE AMENDING ORDINANCE NO. 84 -74,
5 AN ORDINANCE IN THE MATTER OF GRANTING A NON-
EXCLUSIVE FRANCHISE TO SANDY POINT ;IMPROVEMENT
6 COMPANY FOR A PERIOD OF 25 YEARS PURSUANT TO
STATE LAW, SECTION 9.30 OF THE WHATCOM COUNTY
7 HOME RULE CHARTER, TO OPERATE AND MAINTAIN
WATER MAINS AND WATER DISTRIBUTION LINES ALONG
8 CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS'
OF WHATCOM COUNTY BY ADDING THERETO ADDITIONAL
9 SERVICE AREA.
10 WHEREAS, the Home Rule Charter for Whatcom County authorizes the
11 County Council to grant non - exclusive franchises for (a fixed term not to exceed
12 25 years for the use of any street, road or public place; and
13. WHEREAS, R.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 ri ght.•cf -way of County roads in their respective Counties
16 for the construction and maintenance. of eater works, gas pipes, telephones,
17 telegraph and electrical l i r1h`c lines, sewers and o ther such facilities and
18 including cable television wires and of -per cable television facilities; and
19 WHEREAS, Sandy Point Improvement. Company was granted a non - exclusive
20 franchise on the 20th day of August 1984, for a period of 25 years, for the pur�
21 pose to construct, erect, operate, miair,t.ain, and repair water mains and water
22 distribution lines in, along and across county roads or portions thereof as
23 listed in Ordinance No. 84-74, Section 1.(b); and
24 WHEREAS, Sandy Point I.nTirovement Company, on November 14, 1985, did
25 petition the Whatcom County Council for additional franchise service area;
26 NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
27 Washington that Ordinance No. 84-74, an ordinance in the matter of granting a
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non - exclusive franchise to Sandy Point Irnprctvc }nevi: Company for a period of 25
29 years pursuant to Section 9.30 of the Whatcom County !dome Rule Charter to
30 operate and maintain water mains and pater distrihut^t .)n lines along certain
31 roads within the unincorporated areas of Whatcom CoLniy, is hereby amended by j
32 adding to Section 1.(b):
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ORDINANCE - 1.
Date drafted: 12l31f85
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ROADS WITHIN SERVICE AREA
Section 3, Township 38 North, Range 1 East
Lake Terrei Road south of Slater Road
Galliono Drive
Guemes Way
Waldron Drive
Waldron Place
Shaw Court
Red River Road /Lake Terrel Road east 1/3 mile
Section 4, Township 38 North, Range 1 East
Sandy Point Heights
Orcas Way
Lopez Drive
Saanich Avenue
Pender Drive
Decatur Drive
Prevost Way
Cyprus Way
Sinclair Drive
Moresby Way
Neptune Heights
eai3 ch Lane
Cobble Way
Neptune Circle
Germaine Road
Sections 8 and 9, Township 38 North, Range 1 East
Sandy Point Shores
u�c i`a D-rf e Germaine Road south
Thetis Road
Salt Spring Drive
Stuart Circle
Mayne Lane
Patos Drive
Puffin Road
Matia Drive
All of Slater Road located in Township 38 Ran 1E
�e`ctionatcom County.— �1 0 La 7err�T —Road
ova in �row�nns hi 38 Ran eIE—!�ec one Whatcom
ounty. 'asterfy 97.8` of 3Tater Road located
in —ownsh I L �_ n�e�E Section 05 of Whatcom
Countnt All of eeaach Vay- ocatea+in Townshi 38
Range 1E Section Whatcom County. Northerly 950 ft.
of Sucia Drive ocato3 ro Town —soip 38 Ra`n�ce�Et of n
D5 Whatcom County.
BE IT FURTHER ORDAINED, that this amendment shall be for the term as
stipulated in Ordinance No. 84 -74 and the remaining portions of Ordinance No.
84 -74 shall remain in full force and effect.
BE IT FURTHER ORDAINED, upon acceptance of such franchise, the Gran
shall file with the Whatcom County Council, and shall thereafter, during the
entire term of such franchise, maintain in full force and effect, a corporate
ORDINANCE - 2.
Date drafted: 12/31/85
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insurance policy or other adequate surety agreement for property damage
coverage, in an additional amount acceptable to the legislative body.
APPROVED this
day of 1985
WHATtOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
I ATTEST:
Cler-k of the C6unpl
WILLIAM P. RO HL
Chairperson
( ✓i APPROVED ( ) VETOED
SHIRL "VAN ANTEN
County Executive
D ate
APPROVED AS TO FORM:
•d--.
Civil Deputy Prosecuting
Attorney
Published on 12/18 and 15, 1985 and February 19, 1986.
This ordinance becomes effective on L a2 11i4;
ORDINANCE - 3.
Date drafted: 12/31/85