HomeMy WebLinkAboutord1980-0661
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DATE Ju 1
P.
24, 1980 INTRODUCED BY McIntyre
PROPOSED BY City of Sumas
.
ORDINANCE NO. 80 -66
AN ORDINANCE IN THE MATTER OF A FRANCHISE FOR THE CITY OF
SUMAS, TO INSTALL, OPERATE AND MAINTAIN WATER DISTRIBUTION
LINES ALONG A CERTAIN ROAD IN WHATCOM COUNTY, WASHINGTON
WHEREAS, the City of Sumas, a Non - Charter Code City having
applied for a twenty -five (25) year franchise to install, oper-
ate and maintain water distribution lines along a certain road
in Whatcom County, Washington, and Notice of this hearing having
�M
been duly published on the 30th day of- :'July and 6thlday_'bf August,,
1980 in the Bellingham Herald, the Official newspaper- for Whatcom
County, and that 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 th(�f.ranchise herein granted;
NOW, THEREFORE, IT IS ORDAINED by the Council of Whatcom
County, Washington, that a non- exclusive franchise be, and the
same is hereby given and granted to the City of Sumas, located.
in the County of Whatcom its successors and assigns, hereinafter
referred to as the Grantee, for a period of Twenty -five (25)
years from and after the date of this ordinance, to construct,
operate and maintain a water line or lines in, under, along and
over the following described public county road and county prop-
erty in Whatcom County, Washington, to -wit:
On the County road known as Boundary Road situate in
the plat of "West Barkervillel',Washington, as per the
map thereof, recorded in Book 4 of Plats, Page 5, in
the Auditor's Office, Whatcom County, Washington.
This franchise is granted upon the following express terms and
conditions, to -wit:-
Section l:
Ordinance - 1
That said grantee, its successors and assigns
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!shall have the right and authority to enter upon the above- mentionec
11county roads, rights -of -way and other county property as desig-
nated hereinbefore, for the purpose of constructing its trans-
mission lines and all necessary facilities connected therewith,
land for repairing all such lines and facilities, and for operating
and maintaining said lines and facilities.
Section 2: All construction and installation work along,
1Iunder or over county roads or rights -of -way or other county prop-
erty ouside 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
Iminimum standards, codes or regulations, and the County expressly
reserves the right to prescribe how and where mains, poles, lines,
and wires shall be installed and may from time to time upon reason-
able notice, require the removal and replacement thereof in the
public interest.
Section 3: 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 referred 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
County Engineer pursuant to application by grantee. The plans
and specifications shall specify the class and type of material
and equipment to be used, manner of excavation, construction,.
installation, backfill, erection of temporary structures, erection',
Ordinance - 2
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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
Ilincurred in the examination, inspection and approval of such work
Ion account of granting the said permits.
Section 4: In any work which requires breaking of soil of
Ithe county roads, rights -of -way or other county property subject
Ito this franchise for the purpose of laying, relaying, connecting,
disconnecting and repairing the said transmission lines and facil-
ities, and making connections between. the same to structures' and
buildings of consumers or making connections to other facilities
of the grantee 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 its 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
permanent
structures,
traffic control,
traffic turnouts
be
and
prior
road
obstruction,
etc.
No such construction
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
Ilincurred in the examination, inspection and approval of such work
Ion account of granting the said permits.
Section 4: In any work which requires breaking of soil of
Ithe county roads, rights -of -way or other county property subject
Ito this franchise for the purpose of laying, relaying, connecting,
disconnecting and repairing the said transmission lines and facil-
ities, and making connections between. the same to structures' and
buildings of consumers or making connections to other facilities
of the grantee 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 its 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
other
county
property
shall
be
done
prior
to the obtaining
of a
permit issued by the County Engineer. Applications. for such a
permit shall be accompanied by specifications for the restoration
of the county road, right -of -way or other county property to the
same
condition
as
it was prior
to
such breaking,
and such
speci-
fications
must
be
approved
by
the
County
Engineer
before
such
brea
ing of the soil, the amount of said bond to be fixed by the County
Engineer. The grantee shall pay all cost 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
Ordinance - 3
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1 all work that it considers necessary to restore to a safe conditions,
2 any such county road, right- of -way or other county property left
3 by the grantee or its agents in a condition dangerous to life or
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roperty, and the grantee upon demand shall pay to the County
fall costs of such work..
Section S: All construction or installation of such lines
(and facilities, service repair, or relocation of the same, performed
lover, above, along or under the county 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 ma:inten -',
lance of other utilities, lines, public or private, drains, drain-
age 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 prior in time to the
,lines 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 relocating or changing the grade of
any such county road or right -of -way.
Section 6: All. work done under this franchise shall he done
in a thorough and workmanlike manner. In the laying of trans-
mission lines and the construction of other facilities and the
opening of trenches, 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 trench
;ditches or tunnels are left open at night, the grantee shall place
warning lights and barricades at such a position as to give ade
Quate warning of such work., The grantee shall be liable for. any
injury to person or persons or damage to property sustained through
Ordinance - 4
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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_7:
The County of Whatcon in granting this franchise,
does not waive any rights which it now has or may hereafter acquire]
with respect to county roads, rights -of -way or other county propert�
and this franchise shall not be construed to deprive the county
of any powers, rights or privileges which it now has or may here-
after acquire to regulate the use of and to control the county
roads, rights -of -way, and other county property covered by this
franchise. This franchise shall be subject to the power of eminent
domain, and in any proceeding under eminent domain, the franchise
itself shall have no value.
Section 8: If at any time, the County Of Whatcom shall im-
prove or change any county road, right -of -way or other county
property subject to this franchise by grading or regrading, plankir
or paving the same, changing the grade, altering, changing, re-
pairing or relocating the same or by constructing drainage facil-
ities, or in the event that such county road, right -of -way or othe
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
24 elevation of its transmission lines and,other facilities sb that
25 the same shall not interfere with such county work and so that
26 such lines and facilities shall conform to such new grades.or
2711 routes as may be established. The County of Whatcom shall in
28 no wise be held liable for any damages to said grantee that may
29 occur by reason of any of the County's improvements, changes or
3011 works above enumerated.
3111 All work to be performed by the grantee under this section
3211 shall be under the direction and approval, and shall pass the
Ordinance - S
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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_7:
The County of Whatcon in granting this franchise,
does not waive any rights which it now has or may hereafter acquire]
with respect to county roads, rights -of -way or other county propert�
and this franchise shall not be construed to deprive the county
of any powers, rights or privileges which it now has or may here-
after acquire to regulate the use of and to control the county
roads, rights -of -way, and other county property covered by this
franchise. This franchise shall be subject to the power of eminent
domain, and in any proceeding under eminent domain, the franchise
itself shall have no value.
Section 8: If at any time, the County Of Whatcom shall im-
prove or change any county road, right -of -way or other county
property subject to this franchise by grading or regrading, plankir
or paving the same, changing the grade, altering, changing, re-
pairing or relocating the same or by constructing drainage facil-
ities, or in the event that such county road, right -of -way or othe
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
24 elevation of its transmission lines and,other facilities sb that
25 the same shall not interfere with such county work and so that
26 such lines and facilities shall conform to such new grades.or
2711 routes as may be established. The County of Whatcom shall in
28 no wise be held liable for any damages to said grantee that may
29 occur by reason of any of the County's improvements, changes or
3011 works above enumerated.
3111 All work to be performed by the grantee under this section
3211 shall be under the direction and approval, and shall pass the
Ordinance - S
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inspection of the County Engineer. The grantee shall pay all c.os:ts
of and expenses incurred in the examination, inspection and
of such work.
Section 9:
The laying,
shall
construction, operation and
maintenanc(
locked
f
they
will not
of the grantee's
transmission
lines and fac1l'iti.es authorized
by
grantee's
operations
under
this
franchise.
inspection of the County Engineer. The grantee shall pay all c.os:ts
of and expenses incurred in the examination, inspection and
of such work.
Section 9:
The laying,
shall
construction, operation and
maintenanc(
locked
that
they
will not
of the grantee's
transmission
lines and fac1l'iti.es 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 facil-
ities 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 10: Before any work is performed under this franchis
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 ref-
erence
points
shall
be so
locked
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 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 Road Engineer. The cost of monuments or other mark-
ers 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 filed with the Whatcom County Engineer's Office.
Section 11: If at any time the County of Whatcom shall vacat(
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 govern-
Ordinance - 6
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menal capacity, then the Council of Whatcom County may at ':its
option, and by giving thirty (30) days' written notice tothe
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 12: 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, now are, or shall be duly elected or appointed officials or
members of employees thereof, against and from any loss, damage,
costs, charges, 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, operation and
maintenance of the grantees'said transmission lines and facilities.;
In case that suit or action is brought against the County of What-
com 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 fail
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 facilities used in the construction, operation and mainten-
andce of the grantee's transmission system which may be enforced
against the property for the full amount of any such judgment so
Ordinance - 7
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taken against Whatcom County.
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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 13: 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 fran-
chises for other public or private utilities, under, along, across,
f�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 constructing, altering,
maintaining, using or vacating any of said roads, 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, et cetera, the same as
the County may deem fit.
Section 14: 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 mentior
ed wherever the grantee is mentioned..
Section 15: Neither this franchise nor any interest therein
shall be sold, transferred or assigned without the previous con-
sent in writing of the Council of Whatcom County.
Section 16: Whenever any of the county roads, rights -of -way
or other county property 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 effect as to all county roads., rights -of -way or other county
Ordinance - 80
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property not so included in city or town limits.
Section 17: The grantee shall commence construction work
under this franchise within six (6) months after the effective date
'thereof 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,
fat the election of the Council of Whatcom County and pursuant to
notice, be terminated with respect to those county roads, rights-
lof -way and other county property or portions thereof upon which
the grantee has not laid, constructed and placed in operation its
lines and facilities.
Section 18:
In preparing plans and specifications for the
installation of transmission lines along or across county roads
land rights -of -way, the grantee shall use as a guide the standards
and specifications
established
by the
Whatcom
County
Engineer,
Section.19:
If
the
grantee shall
wilfully
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
zany 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 anulled by the Council of
Whatcom County.
Section 20: This franchise is subject to the power of eminent
!domain, and Whatcom ,County reserves for itself the right at any
time upon thirty (30) days' written notice to the grantee or for
the people acting for themselves through initiative or referendum
to so change, amend, modify, repeal or amplify any of the provision
or conditions herein enumerated in the interest of the public,
and this franchise may be terminated at any time if the grantee's
30 lines and facilities are not operated or maintained in accordance
31 with such statute, /
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Ordinance - 9
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order or regulation.
Section 21; At the time of the granting of this franchise,
the grantee shall furnish a copy of, and during the life of this
franchise, keep in effect, a liability insurance policy covering
all liability of the grantee to the Whatcom County, naming Whatcom
County as a co- insured, including any liability, assumed by con-
tract between the grantee and any other party in the amount of
$100,000.00, Prior to approval of this contract a copy of said
insurance policy and /or binder shall be attached hereto as Exhibit
"A ".incorporated herein
by reference. During
the life
of; this
agreement, the County of
Whatcom reserves the
right
to
have its
legislative body review the dollar amount of insurance coverage as
listed.herein in Exhibit "A ",a.nd adjust said dollar amount of cover
age upward as deemed appropriate by the county legislative body
once every five (5) years from the date this franchise is executed.
Section 22: 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.ti.mely remit any sums properly due thereby, shall
be cause for forfeiture of rights,hereunder.
PASSED this 4th day of September 1980.
FATTEST: Joan Ogden
County Auditor & Ex-
Officio, Clerk of the
Coun� 1 J�
By: (�1(� r U-gt 0AA /
Deputy 0
WHATCOM COUNTY COUNCIL
WHATCOM.COUNTY, WASHINGTON
Chairpers n
() APPROVED ) VETOED
INE K -69 1 r I° Juh9r LUUWS
vi l Deputy Prosecuting Attorney Co my Executive
(d te)
PUBLISHED July 30, August 6 and
Effective date September 18 1980
Ordinance - 10