HomeMy WebLinkAboutord1984-0861
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INTRODUCED BY Consent
PROPOSED BY Public Works Department
DATE Auaust 16. 1984
ORDINANCE NO. 84 -86
AN ORDINANCE IN THE MATTER OF GRANTING A NON-
EXCLUSIVE FRANCHISE TO THE CITY OF BLAINE,
WASHINGTON, 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 DISTRIBUTION
LINES ALONG CERTAIN ROADS WITHIN THE
UNINCORPORATED AREAS OF WHATCOM COUNTY
WHEREAS, the Home Rule Charter for Whatcom County 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, R.C.W. Chapter 36.55 and Section 36.55.010 provides that the
County Council may grant franchises to persons or private or municipal cor-
porations 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, City of Blaine, Washington, has applied for a 25 -year non-
exclusive franchise for installation, operation, maintenance, and repair of
water mains and water distribution lines in and along certain roads in Whatcom
County, Washington, and notice of this hearing having been duly published on
the 5th and 12th days of September 1984 , in the Westside Record - Journal,
the official newspaper for Whatcom County, and that it appearing to the County
Council that notice of said hearing having 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, City of Blaine, Washington, has agreed to the addition of
certain administrative provisions to the franchise as provided herein;
ORDINANCE - 1.
Drafted 7/16/84
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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 City of Blaine, Washington, located
in the county of Whatcom, its successors and assignees, referred to as the gran-
tee, 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 portions thereof
as named herein.
(b) The rights and privileges granted herein shall apply to all roads
and public ways listed as follows:
Located in:
Township 41
Township 41
Township 41
Township 40
Township 40
10, 11, Tow
Government Lo
North, Range 1
North, Range 1
North, Range 1
North, Range 1
North, Range 1
nship 40 North,
Listed. as.follows:
is 11, 2, 3, and 4 in Section 31,
E. W.M.; all of Section 12,
E. W.M.; all of Section 33,
E. W.M.; all of Section 5,
E. W.M.; and all of Section 4,
E. W.M. All of Section 8, 9,
Range 1 E. W.M.
Pipeline Road, #315 and 669
"H" Street Road, #78, Odell to Road #430
Harvey Road, #109
Tellie Road, #582
Allan Street
Vista Terrace Drive
Vista Avenue
Terrace Avenue
"E" Street
Jerome Street
Cedar View
Poplar View
Park View
Rose View
Canada View
Crest Drive
Harbor Court
Harborview Drive
Skyline Drive
Jack Street
Holly Lane
Lee Lane
Ronald Drive
Boblett Street Road
Sweet Road: #159, #18
Statvolt Road
Giles Road: #402
Haynie Road #70 to Valley View Road
Hoier Road, #70
Rogers Road, #718
ORDINANCE - 2.
Drafted 7/16/84
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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 that
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
I required, 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
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 and repairing water mains and water
distribution lines and facilities and operating and maintaining such 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 the inspection of
the Director of Public Works and shall conform to all applicable County and
State codes or regulations, and the County expressly reserves the right to
prescribe how and where water mains and water distribution lines shall be
installed and may from time to time, upon reasonable notice, require the removal
and replacement thereof in the public interest.
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-
ORDINANCE - 3
Drafted 7/16/84
.1 tions in duplicate showing the position and location of all such lines and faci-
2 lities sought to be constructed, laid, installed or erected at that time,
3 showing their relative position to existing county roads, rights -of -way or other
4 county property upon plans drawn to scale, hereinafter collectively referred to
5 as the "map of definite location."
6 (b) The water lines and appurtenant facilities shall be laid in exact
7 conformity with said map of definite location, except in instances in which
8 deviation may be allowed thereafter in writing by the Director of Public Works
9 pursuant to application by Grantee. The plans and specifications shall specify
10 the class and type of material and equipment to be used, manner of excavation,
11 construction, installation, backfill, erection of temporary structures, erection
12 of permanent structures, traffic control, traffic turn -outs and road obstruc-
13 tion, etc. No such construction shall be commenced without the Grantee first
14 securing a written permit from the Director of Public Works, including approval
15 endorsed on one set of plans and specifications returned to the Grantee. All
16 such work shall be subject to the approval of and shall pass the inspection of
17 the Director of Public Works. The Grantee shall pay all actual and necessary
18 costs of and expenses incurred in the examination, inspection and approval of
19 such work on account of granting said permits.
20 Section 6. Construction on Roadways /Other County Property.
21 (a) In any work which requires breaking of soil of the county roads,
22 rights -of -way or other county property subject to this franchise for the purpose
23 of laying, relaying, connecting, disconnecting and repairing the said
24 transmission lines and facilities, and making connections between the same to
25 structures and buildings of consumers or making connections to other facilities
26 of the Grantee now in existence or hereafter constructed, the Grantee shall be
27 governed by and conform to the general rules adopted by the officers charged
28 with the supervision and care of such county roads, rights -of -way, and other
29 county property; and the Grantee at its own expense and with all convenient
30 speed shall complete the work for which the soil has been broken and forthwith
31 replace the work and make good the county road, rights -of -way or other county
32 property and leave the same in as good condition as before the work was com-
menced.
.ORDINANCE - 4
Drafted 7/16/84
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(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 and to the same condition it was prior to such
breaking, and such specifications must be approved by the Director of Public
Works before such breaking of the soil is commenced. Provided, that the
Director of Public Works may require a performance bond in the 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
Iherein.
(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.
Section 7. Construction - Other Lines and Facilities.
(a) All construction or installation of such water lines or water
distributing systems, service, repair or relocation of same, performed above,
along or within the county rights -of -way or other county 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, public or private,
drains, 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.
(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 relo-
cating 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 transmission lines and the construction of
ORDINANCE - 5.
Drafted 7/16/84
1 rights -of -way or other county property, the Grantee shall leave such trenches,
2 ditches 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 same, 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 adequate 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 any 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 rights 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 may 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 under 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 county road, right -of -way or other county property subject to this franchise by
23 grading or regrading, planking or paving the same, changing the grade, altering,
24 changing, repairing or relocating the same or by constructing drainage facili-
25 ties, or in the event that such county road, right -of -way or other county pro -
26 perty subject to this franchise shall become a Primary State Highway as provided
27 by law, the Grantee upon written notice from the Director of Public Works or the
28 Director of Highways, shall at its sole expense, immediately change the location
29 or readjust the elevation of its transmission lines and other facilities so that
30 the same shall not interfere with such County work and so that such lines and
31 facilities shall conform to such new grades or routes as may be established.
32 The County of Whatcom shall in no wise be held liable for any damage to said
ORDINANCE - 6.
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Grantee that may occur by reason of any of the County's improvements, changes or
1works above enumerated.
(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
transmission lines and facilities authorized by this franchise shall not
preclude the County of Whatcom, 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 be given
forty -eight (48) hours notice of said blasting or other work in order that the
Grantee may protect its lines and facilities.
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
points to be referenced 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 conditions permit, and as directed by the Director
of Public Works. The cost of monuments or other markers lost, destroyed or
disturbed, and the expense of replacement by approved monuments shall be borne
by the Grantee.
(b) A complete set of reference notes for monuments and other ties
shall be filed with the Whatcom County Director of Public Works.
ORDINANCE - 7
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Section 13. Vacations.
If at any time the County of Whatcom shall vacate any county road,
Iright -of -way or other county property which is subject to the rights granted
by 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-
perty for the use of Whatcom County, in either its proprietary or governmental
capacity, then the Council of Whatcom County may at its option and by giving
thirty (30) days written notice to the Grantee, terminate this frnchise with
reference to such county road, right -of -way or other county property so vacated,
and the County of Whatcom shall not be liable for any damages or loss to the
Grantee by reason of such termination.
Section 14. Indemnification.
(a) The Grantee by acceptance of the privileges granted hereunder, does
(hereby agree and covenant to indemnify, defend, and save harmless Whatcom County
and those persons who were, are now, or shall be duly elected or appointed offi-
Icials or members or employees thereof, against and from any loss, damage, costs,
Ichrges, expenses, liability, claims, demands or judgments 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, his sub-
contractors and /or employees which may occur by reason of construction, opera-
tion and maintenance of the Grantee's said transmission lines and facilities.
In case that suit or action is brought against the County of Whatcom for damages
arising out of or by reason of the above - mentioned causes, the Grantee will upon
notice to him of the filing of a claim or the commencement of said action,
appear and defend the same at its sole cost and expense, and in case judgment
shall be rendered against the County of Whatcom in suit or action, the Grantee
will fully satisfy said judgment within ninety (90) days after said suit or
action shall have finally been determined, if determined adversely to Whatcom
County. Upon the Grantee's failure to satisfy said judgment within a ninety
(90) day period, this franchise shall at once cease and terminate and the County
of Whatcom shall have a lien upon the transmission lines and all other facili-
ORDINANCE - 8.
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ities used in its construction, operation and maintenance of the Grantee's
(transmission system which may be enforced against the property for the full
lamount of any such judgment so taken against Whatcom County.
(b) Acceptance by the County of any work performed by the Grantee at
the time of completion shall not be grounds for avoidance of this covenant.
Section 15. Non - Exclusive Franchise.
This franchise shall not be deemed to be an exclusive franchise. It
shall in no manner prohibit the County of Whatcom 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, rights -of -way, or other
County property subject to franchise, and shall in no wise prevent or prohibit
the County of Whatcom from construction, 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 is
jurisdiction over them with full power to make all necessary changes, reloca-
tions, repairs, maintenance as the County may deem fit.
Section 16. Successors and Assignees.
All the provisions, conditions, regulations and requirements herein
contained 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 assignees equally as if they were specifically men-
tioned wherever the Grantee is mentioned herein.
Section 17. Transferability.
Neither this franchise nor any interest therein shall be sold, trans-
Iferred or assigned without the previous consent in writing of the Council of
Whatcom County, such consent not to be unreasonably withheld.
Section 18. Incorporation.
Whenever any of the county roads, rights -of -way or other county pro-
perty as designated in this franchise, by reason of the subsequent incorporation
of any town or city, or extension of 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.
ORDINANCE - 9
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Section 19. 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
(hereunder, and this franchise may be revoked or annulled by the Council of
Whatcom County. 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, and this
franchise may be terminated at any time if the Grantee's lines and facilities
fare not operated or maintained in accordance with such statute, order or regula-
I tion.
Section 20. 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 sub=
ject to the power of eminent domain and the right of the Council or the people
acting for themselves through the 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 21. 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.
Section 22. Insurance.
(a) Upon acceptance of such franchise, the Grantee 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 insurance policy or
other adequate surety agreement in the amount of THREE HUNDRED THOUSAND DOLLARS
ORDINANCE - 10.
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($300,000.00) for the property damage coverage, and ONE HUNDRED THOUSAND DOLLARS
($100,000.00) for public liability coverage, so as to protect the County against
damages or costs as set forth in Section 14 above, and there shall be reco-
verable, jointly and seperately 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 compen-
sation, indemnification, cost of removal of any property or other costs which
may be incurred up to the full principal amount of such insurance policy; and
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
Jobligations to the County and any user which 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
lordinance.
(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 23. 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 thereby, shall
be cause for forfeiture of rights hereunder.
Section 24. ReDealers.
All prior existing franchises granted to City of Blaine, Washington,
are hereby terminated.
Section 25. Severability.
If any portion of the ordinance is deemed invalid the remainder will
remain in effect.
ORDINANCE - 11.
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The section titles used herein are for reference only and should not be
used for the purpose of interpreting this ordinance.
PASSED this 20th day of September 1984
WHATCOM COUNTY COUNCIL
W)KT OM COUNTY, *SHPNG _TON
ATTEST: CHAIRPEJSO'N
Nvi-J &L 12
C e of the Council
(�) APPROVED
.'UL Vim.
SHIRLEY VAN ZAN
COUNTY EXECUTIVE
(APPROVED AS TO FORM:
( ) VETOED
Date: September 21, 1984
Civil Deputy Prosecuting Attorney
Published on September 5 & 12 and SPntemher 2(3, 1984
This Ordinance shall become effective on October 1, 1984
ORDINANCE - 12.
Drafted 7/16/84