HomeMy WebLinkAboutord1980-016DATE FObxuary 7., 1980 INTRODUCED BY: McInty:Te
PROPOSED BY: Whatcom County Water Dist. #10
ORDINANCE NO. / 16
AN ORDINANCE GRANTING 25 YEAR FRANCHISE TO
Whatcom County Water District No. 10
TO INSTALL, OPERATE AND MAINTAIN Water
Transmission and /or Distribution Line
ALONG CERTAIN ROADS IN WHATCOM. COUNTY, WASH.
WHEREAS, Whatcom County Water District No. 10 applied for a
franchise tq install, operate and maintain Water Transmission and/
or Distribution Lines along certain roads in Whatcom County,
Washington; and
WHEREAS, notice of hearing on said application was published
in the Bellingham Herald, the official County newspaper, on the
19th
and 28th days of
February
, 1980 _, in the manner
and form required by Charter and said notice contained a description
of the roads involved; «nd
WHEREAS, public hearing on said application was.held before
the County Council on March 6 , 19 P, a, and persons
appearing were accorded opportunity to speak in support of or in
opposition to said franchise; and no one objected to said proposed
franchise; and
WHEREAS, the applicant has in writing, acceptedathe terms and
conditions contained herein and said Acceptance of Franchise is on
file with the clerk of the Council;
NOW, THEREFORE, IT IS ORDAINED that a non - exclusive water trans -
mission and /or distribution franchise is granted to Whatcom County
Water District No. 10 , its successors and assigns, hereinafter
referred to as "grantee ", for a period of 25 years from and after
the date of approval of this ordinance, to construct, operate and
maintain Water Transmission and /or Distribution Lines
in, under, along and over the following described public county roads
and county property in Whatcom County, Washington, to -wit:
ri
DATE FObxuary 7., 1980 INTRODUCED BY: McInty:Te
PROPOSED BY: Whatcom County Water Dist. #10
ORDINANCE NO. / 16
AN ORDINANCE GRANTING 25 YEAR FRANCHISE TO
Whatcom County Water District No. 10
TO INSTALL, OPERATE AND MAINTAIN Water
Transmission and /or Distribution Line
ALONG CERTAIN ROADS IN WHATCOM. COUNTY, WASH.
WHEREAS, Whatcom County Water District No. 10 applied for a
franchise tq install, operate and maintain Water Transmission and/
or Distribution Lines along certain roads in Whatcom County,
Washington; and
WHEREAS, notice of hearing on said application was published
in the Bellingham Herald, the official County newspaper, on the
19th
and 28th days of
February
, 1980 _, in the manner
and form required by Charter and said notice contained a description
of the roads involved; «nd
WHEREAS, public hearing on said application was.held before
the County Council on March 6 , 19 P, a, and persons
appearing were accorded opportunity to speak in support of or in
opposition to said franchise; and no one objected to said proposed
franchise; and
WHEREAS, the applicant has in writing, acceptedathe terms and
conditions contained herein and said Acceptance of Franchise is on
file with the clerk of the Council;
NOW, THEREFORE, IT IS ORDAINED that a non - exclusive water trans -
mission and /or distribution franchise is granted to Whatcom County
Water District No. 10 , its successors and assigns, hereinafter
referred to as "grantee ", for a period of 25 years from and after
the date of approval of this ordinance, to construct, operate and
maintain Water Transmission and /or Distribution Lines
in, under, along and over the following described public county roads
and county property in Whatcom County, Washington, to -wit:
the same or by constructing drainage facilities, or in the event
that such county road, right -of -way or other county property subject
to this franchise shall become a Primary State Highway as provided
by law, the grantee upon written notice from the County Engineer, or
the Director of Highways, shall, at its sole expense, immediately
.change the location or readjust the elevation of its transmission
lines and other facilities so that the same shall not interfere
with such county work and so that such lines and facilities shall
conform to such new grades or routes as may be established. The
County of Whatcom shall in no wise be held liable for any damages
to said grantee that may occur by reason of any of the county's
improvements, changes or works above enumerated_
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 County Engineer. The grantee shall pay all
costs of and expenses incurred in the examination, inspection and
approval of such work.
SECTION: IX
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: X
Before any work is performed under this franchise which may
efff.�ct any existing monuments or markers of any nature relating to
subdivisions, plats, roads and all other surveys, the grantee shall
SECTION: , VI
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 other facilities and the opening of tranches, the
tunneling under county roads, rights --of -way or other county property,
the grantee 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;
and where any of such trenches, ditches or tunnels are left open at
night, the grantee shall place warning lights and barricades at such
a position as to give adequate warning of such work. The grantee
sha.l.l be liable for any injury to person or persons or damage to
property ,sustained through its carelessness or neglect, or through
any failure or neglect to properly guard or give warning of any
trenches, ditches or tunnels dug or maintained by the grantee.
SECTION: VII
The County of Whatcomt in granting this franchise does not
waive any rights which it now has or may hereafter acquire with
respect to count,,r roads, rights --of -way or other county property 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 of and to control the county roads,
rights -of -way, and other county property covered by this franchise.
SECTION: VIII q
If at any time the County of whatcom shall improve or change
any county road, right -of -way or other county property subject to
this f.ranch:i,se by grading or regrading, planking or paving the
same, changing the grade, altering, changing, repairing or relocating
may require a performance bond in a sum suffidient to guarantee
that such county roads, rights -of -way or other county property shall
be restored to the same condition as it was prior to such breaking
of the soil, the amount of said bona to be fixed by the County
Engineer. The grantee shall pay all costs of and expenses incurred
in the examination, inspection and approval of such restoration. The
County Council may. at any time do,, order, or have done, any and
all work that they consider necessary to restore to a safe condition
any such county road, right -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: V
All construction or installation of such lines and facilities,
service repair, or relocation of the same, performed over, above,
along or under the aunty roads, 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, 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, rights -of -way or other county property prior in time
to the linesand facilities of the grantee shall have preference as
to the positioning and location of such utilities so installed with
respect to the grantee. Such perference shall continue in the event
of the necessity of relocating or changing the grade of any such
county road or right -of -way.
r.
'1 1
No such contructi.on shall be commenced without the grantee first
securing a written permit from the County Engineer, including
approval endorsed on one set of plans and specifications returned
to the grantee. All such work shall be subject to the approval of
and shall pass the inspection of the County Engineer. The grantee
shall pay all costs,of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said
permits.
SECTION: IV
In any work which requires breaking of soil of the county roads,
rights- ,-Fmoray or other county property subject to this franchise for
the purpose of laying, relaying, connecting, disconnection and re-
pairing the said transmission lines and facilities, and making
connections betw €an the same to structures and buildings of consumers
or making connections to other facilities of the gran!_:ee now in
existence or hereafter constructed, the grantee 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 grantee at i s own expense and
with all convenient speed shall complete the work for which the soil
has been broken and forthwith replace the work and make good the
county road, right -of -way or county property and leave the same in
as good condition as before the work was commenced: Provided, how-
ever, that no such breaking of the soil on the county roads, rights-
of-way or other county property shall be done prior to the obtaining
of a permit issued by the County Engineer. Applications for such a
,permit sha.l.l be accompanied by specifications for the restoration of
the count?,, road, right-of-way or other county property to the same
condition as it was prior to such breaking, and such specifications
m °,-ist :►�e approved h�► she + ;'ouzav:y E,r�g?.r�c�er before such breaking of the
soil is commenced; Provided fur.:•ther, that the 6Vhatcom County Engineer
4
i
necessary facilities connected therewith, and for repairing all
such lines and facilities, and for operating and maintaining said
lines and facilities.
SECTION: II
All construction and installation work along, under, or over
county roads or rights -of -way or other county property outside of
the corporate limits of any incorporated town shall be subject to
the approval and pass the inspection of the County Engineer, and
shall Conform to all applicable state and federal minimum stand-
ards, codes or regulations, and the county expressly reserves the
right to prescribe how and where mains, poles, lines, wires, shall
be installed and may from time to time upon reasonable notice re-
quire the removal and replacement thereof in the public interest.
SECTION: III
Prior to commencement of construction of said transmission
lines or facilities, grantee 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 all such lines and facilities sought to be. constructed,
laid, installed or erected at that time, showing their relative
position to existing county roads, rights -of -way or other county
property upon plans drawn to scale, hereinafter collectively re-
ferred to as the "map of definite location ".
The lines and appurtenant facilities 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
CC.?Ltnt:.y Engineer pursuant to application by grantee. The plans and
specifications shall specify the class and type of material and
equipment to be used, planner of excavation, construction, installa-
tion, backfill, erection of temporary structures, erection of
permanent structures, traffic control, traffic turnouts and road
obstructions, etc.
All roads within Whatcom County Water District No. 10
being all of Section 25,26,34, 35 and 36 and portions of
Section 23,24 and 27, To�,%mship 38 North, Range 3 East, W.M.
ALSO all of Section3 30, 31, and 32 and portions of Sections
19, 29 and 33, Township 38 North, Range 4 East, W.M.; ALSO
ALL OF se'It:ions 4,5',6,7,8,9, 16e 21. and 22 and portions
of Sections 15,17,20,23,25,26,27, 28 and 23, Township
37 North, Range 4 East, W.M.; ALSO Section 1, the north one -
'.ali_ of Section 2 and the northeast quarter of Section 3,
Township 37 North, Range 3 East, W.M.; ALSO the southwest
quarter of Section 30, Township 37 North, Range 5 East, W.M.
See .Attachment for description of District Boundary.
Said franchise is, however, subject to conditions of Sections
9.30 of the.Whatcom County Charter providing that no exclusive
franchise shall be granted for the use of any street, road or
public place, and subjecting all franchises to the power of eminent
domain and the right of the Council or the people acting for them-
selves through the initiative or referendum to repeal, amend or
modil"y the franchise in the interest of the public, which rights
are expressly reserved! and further on the condition that the
franchise itself shall, have no value in any proceeding under
eminent domain.
If grantee seeks renewal of this franchise at the end of this
4
twenty-five year-,.term and has observed the material terms of the
franchise, renewal of the franchise shall not be unreasonably
withheld.
The franchise is, however, granted upon the following additional
express terms and conditions, to -wit:
SECTION I
Tliat said grantee, its successors and assigns, 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 purpose of constructing its transmission lines and all
i
reference all such monuments and markers. The reference points
shall be so located that they will not be distrubed 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 County Engineer. The replacement of all such monuments or
markers distrubed during construction shall be made as expeditiously
as conditions permit, and, as directed by the County Road Engineer.
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.
A complete set of reference notes for monuments and other ties
shall be .:'fled with the Whatcom County Road Engineer's Office.
SECTION: XI
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 by this franchise and said vacation shall be for the
purpose of acquiring the fee or other property interest in said road,
right -of -way or other county property for the use of Whatcom County,
in either its proprietary or governmental capacity, then the county
council for Whatcom County may at its option and by giving thirty
(30) days written notice to the grantee terminate this franchise
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: X1I
The grantee by acceptance of the privileges granted hereunder,
does hereby agree to pr(-t:.ect and save harmless the County of
Whatcom from all claims, actions or damages of every kind and
description which may occur to or be sUffered by any person or
person's, corporation or property by reason of the construction,
operatAon and maintenance of the grantee's said transmission lines
and facilities. In ease that suit or action is brought against
0
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 commencement of said action 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 ninety (90) days 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 facilities
used in the construction, operation and maintenance of the grantee's
transmission system which may be enforced against the property for
the full amount of any such judgment so taken against Whatcom County.
Acceptance by the County of any work performed by'the grantee'
at the time of completion shall not be a grounds for avoidance of
this covenant.
SECTION: XIII
i
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 this
a
franchise, and shall in no wise prevent or prohibit the County of
Whatcom from constructing, altering, maintaining, using, or vacating
any of said roads, rights -of -way, drainage structures or facilities,
irrigation str«ctures 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, mainten-
ance, etc., the same as the county may deem fit.
SECTION: XIV
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.
SECTION: XV
Neither this franchise nor any interest therein shall be sold,
transferred or assigned without the previous consent in writing of
the County Council of Whatcom County.
SECTION: XVI
Whenever any of the county roads, rights -of -way or other county
property as designated in this franchise, by reason of the sub-
sequent 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 effect as to all county
roads, rights -of -way or other county property not so included in city
or town limits.
SEC'T'ION: XViI
The grantee shall commence construction work under this
franchise within six months after the effective date hereof after
first securing all necessary approvals and permits from the Whatcom
County Engineer. Five (5) years from the date of this franchise,
the rights conferred hereby to the grantee may, at the election of
the County Council of Whatcom County, and pursuant to notice, be
t=:2'ntinated with respect to those county roads, rights --of -way and
otl,.her county property or portions thereof upon which the grantee
hias not laid, constructed and } ?laced in operation its lines and
fa.cil_:i.t:ies,
i
SECTION: XVIII
In preparing plans and specifications for the installation of
transmission lines along or across county roads and rights -of -way
the grantee shall use as a guide the standards and specifications
established by the Whatcom County Engineer.
SECTION: XIX
If the grantee shall wilfully violate, or fail to comply with
any of the provisions of this franchise through wilful or unreason-
able neglect, or fail to heed or comply with any notice given the
grantee under the provisions of this grant, then the said grantee
shall forfeit all rights conferred hereunder, and this franchise
may be revoked or annulled by the Whatcom County Council.
SECTION: XX
Whatcom County reserves for itself the right at any time upon
thirty (30) days written notice to the grantee, to so 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 regulation, as may hereafter by enacted, adopted or
promulgated, and this franchise may be terminated at any time if
the grantee's lines and facilities are not operated or maintained
in accordance with such statute, order or regulation.
SECTION: XXI
At the time of granting this franchise, the
a copy of, and during the life of this franchise
liability insurance policy coverning all liabili
to the county, including_,any assumed by contract
And any other party in the amount of $100,000
SECTION: XXII
grantee shall furnish
0
keep in effect, a
ty of the grantee
between the grantee
-- $300,000.
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.
DATED at Bellingham, Washington, the 6th -day of March
1900.
ATTEST: Joan Ogden
County Auditor and Exofficio,
Clerk of the Council
By
Deputy
APPIA0YED AS TO F/0AM:
STEVEN C. GIS.H
Civil Deputy Prosecuting
Attorney
) APPROVEp
J01IN (:0WS
coin v Executive
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
BY�r�,. t
SHIRLEY V II ZANIT9N
Chairperson
VETOED DATE
0
�
�t RLIS.HED: February 19 and February 28 11980e
eEACNr . _ I 20
2
21 I 22
49A rA
afi =
r
27
26
` •�`
GEt�VA
"'
lonQ Faint
2 n
strawber" Pt
m ti
CITY : OF
.33
3411
35®
CO4f
TOt"SN F 37 NOR
, RA40E 4 EAS; Wi
TOWNSMI T MORTN� Qom.
.� � r
lUMlrr 4l Dl
4 3s- --- '2• ......
I
k?.
�zx
ws: q
c 2000 4000 6000
1000 3000 5000
�ae�s
�I1 \i2 10 1 Ii
BRITISH CciuMB:A ' • r
UNITED ST4TE5 — �3 / 1� �� < 15 14 4��
S U1OEM f q e"` � r
Agg PROJECT 19 2a ��9 3 24 19
,Y,;BEL'L1N�GIHAM VICINITY
All
_V. . .
LAKE
WHATCOM
vp
'rgir : 141 „r wag r ® -
� ems. f MiI:
1i7ICK RSHAM -
31 32 33 34 135 34
VICINITY SKETCH \ '
IN THE MATTER OF THE FRANCHISE
ACCEPTANCE OF FRANCHISE
FOR: WHATCOM COUNTY WATER DISTRICT NO. 10
Whatcom County Water District No. 10 hereby accepts,
subject to all the conditions therein contained, that certain
Franchise to lay,'oonstruct, maintain, and repair Water
Transmission and /or Distribution Lines
and all necessary appurtenances, along, over and across the
following roads.in Whatcom County:
All roads within Whatcom County Water District No. 10
being all of Section 25,. 26# 34, 35 and 36 and portions of
Section 23, 24 and 270 Township 38 North, Range 3 East, W.M.;
ALSO all of Sections 30, 31 and 32 and portions of Sections
19, 29 and 33, Township 38 North, Range 4 East, W.M.; ALSO.
all of Sections 4, 5, 6, 71 8, 9, 16, 21 and 22 and portions
of Sections 15, 17, 20, 23, 25, 26, 27, 28 and 29, Township
37 North, Range 4 East, W.M.; ALSO Section 1, the north one -
half of Section 2 and the northeast quarter of Section 3,
Township 37 North, Range 3 East, W.M.; ALSO the southwest
quarter of Section 30, Township 37 North, Range 5 East, W.M.
See Attachment for description of District Boundary.
FRANCHISE granted on the_ 6th.
is for a period of twenty -five years.
MAR 6 1980
day of March , 1980
Whatcom County Water District #10
BY: 6
Owner n it e If