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HomeMy WebLinkAboutord1979-011DATE June 21, 1979 ORDINANCE NO. 79 -11 INTRODUCED BY: Thompson PROPOSED BY: Water Dist. #12 AN ORDINANCE GRANTING 25 YEAR SEWER FORCE MAIN FRANCHISE ON CERTAIN COUNTY ROADS TO WHATCOM COUNTY 14ATER DISTRICT NO. 12. WHEREAS, Whatcom County Water District No. 12 applied for a franchise to install, operate, and maintain sewer force mains along those certain roads in Whatcom County, Washington; and, WHEREAS, notice of hearing on said application was published in the Bellingham Herald, the official County news- paper, on the 9th and 16th days of June, 1979, in the manner and form required by Charter and said notice contained a description of the roads involved; and, WHEREAS, public hearing on said application was held before the County Council on 1979, and persons appearing were accord4d o0portunity to speak in support of or opoosition to said franchise; and no one objected to said proposed franchise; and, WHEREAS, the applicant has in writing, accepted the 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 sewer force main franchise is granted Whatcom County Water District No. 12, its successors and assigns, hereinafter referred to as "grantee ", for a period of twen�h p f ive Years from and after the date of approval of this ordinance, to construct, operate and maintain sewer force mains in, under, along and over those portions of Cain Lake Road within Sections 29 and 32, Township 37 North, Range 4 East of Willamet Meridian, which by this reference is incorporated herein, said franchise is however, subject to conditions of Section 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 themselves through the initiative or referendum to repeal, amend or modify 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 thistwenty- 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. That 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 sewer force mains and all necessary appurtenances connected therewith, and for repairing such mains and appurtenances, and for operating and maintaining said mains and appurtenances. 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 standards,, codes or regulations, and the county expressly reserves the right to prescribe how and where the mains and appurtenances shall be installed and may from time to time upon reasonable notice require the removal and replace- ment thereof in the public interest. SECTION III. Prior.to commencement of construction of said sewer force mains or appurtenances, 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 mains and appurtenances 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 mains and appurtenances 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 of permanent structures, traffic control, traffic turnouts and road obstructions, etc. No construction shall be commenced without the grantee first securing a written permit from the County Engineer, includinq 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 -of -way or other county property subject to this franchise for the purpose of laying, relaying, connecting, disconnection and repairing the said sewer force mains and appurtenances 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 county property and leave the same in as good condition as before the work was commenced: Provided, however, 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 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 specifications must be approved by the County Engineer before such breaking of the soil is commenced; Provided further, that the Whatcom County Engineer may require a performance bond in a sum sufficient to quarantee 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 bond 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; riqht -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 mains and appurtenances, service repair, or relocation of the same, performed over, 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 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. 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 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 VI. All work done under this franchise shall be done in a thorough and workmanlike manner. In the laying of sewer force mains and the construction of other facilities and the opening of trenches, the tunneling i 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 shall 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 Whatcom 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 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. 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 franchise by grading or regrading, planking or paving the same, changing the grade, altering, changing, repairing or relocating 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 sewer force mains and other facilities so that the same shall not interfere with such county work and so that such mains and appurtenances 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 sewer force mains and appurtenances 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 mains and appurtenances 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 mains and appurtenances. SECTION X. 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 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 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 filed 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 I II 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. i SECTION XII. The grantee by acceptance of the privileges granted hereunder, does hereby agree to protect 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 persons, corporation or property by reason of the construction, operation and maintenance of the grantee's said sewer force mains and appurtenances. 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 commencement of said action defend the same at its sole cost and expense, and in case judgement shall be rendered against the County of Whatcom in suit or action, the grantee will fully satisfy said judgement within ninety (90) days after said suit or action shall have finally been determined, it determined adversely to Whatcom County. Upon the grantee's failure to satisfy said judgement within ninety (90) days period, this franchise shall at once cease and terminate and the County of Whatcom shall have a lien upon the sewer force mains and all other appurtenances used in.the construction, operation and maintenance of the�,grantee's sewer force main system which may be enforced against the property for the full amount of any such judgement so taken against Whatcom County. 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 XIII. 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 franchise, and shall in no wise prevent or prohibit the County of Whatcom from constructing, altering, maintaining, using, or vacating any of said - i roads, rights -of -way, drainage structures or facilities, irrigation Ili ' 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, 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 I land 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 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 property not so included in city or town limits. SECTION 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,`e t.the election of the County Council of Whatcom County, and pursuant to notice, be terminated with respect to those county roads, rights -of -way and other county property or portions thereof upon.which the grantee has not laid, constructed and placed in operation its sewer force mains and appurtenances. SECTION XVIII. In preparing plans and specifications for the installation of sewer force mains along or across county roads and rights- of-way the grantee shall use as a'quide the standards and specifications established by the Whatcom County Engineer. -SECTION IIX, 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 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 of county regulation, I 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 mains and appurtenances are not operated or maintained in accordance with such statute, order or regulation. SECTION XXI. At the time of granting 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 county, including any assumed by contract between the grantee and any other party in the amount of $100,000 - - $300,000. SECTION XXII. No privileges or rights granted hereunder shall exempt grantee from any future uniform rent, license, tax, charge or impost which may hereafter by 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. i 4 I . i I I I Passed this 5th day of July 1979. I � i WHATCOM COUNTY COUNCIL I � B ySHIRLEY VM ZANTE Chairperson ATTEST: !Joan Ogdon County Auditor and Exofficio, Clerk of the- Council By Deputy APPROVED AS TO FORM: WILLIAM A. R Civil Deputy Prosecuting Attorney (><�--) APPROVED ( ) VETOED DATE. a1-11317 'Published: I� and r 1979. +R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IN THE MATTER OF A FRANCHISE ) FOR WHATCOM COUNTY WATER ) DISTRICT NO. 12 ) ACCEPTANCE OF FRANCHISE WHATCOM COUNTY WATER DISTRICT NO. 12 hereby accepts, subject to all the conditions therein contained, that certain franchise to lay, construct, maintain, and repair a sewage force main and all necessary appurtenances, along, over and across the roads described below, on the further specific conditions which the grantee consents to, to -wit: 1. Both the grantor and the grantee interpret the narrative statement in Water District No. 12 Comprehensive Plan to the effect that sewage is to flow southerly, e.g. into the Samish area, as controlling over the direction of the flow indicated on the map referred to in the comprehensive plan; and, 2. That should it become necessary, Water District No. 12, Comprehensive Plan will be amended to include "Whatcom Meadows" in its service area; and, 3. If required, approval will also be obtained from the Washington State Department of Ecology. The road, along which this franchise is granted is: Cain Lake Road within Sections 29 and 32, Township 37 North, Range 4 East of Willamette Meridian, situate in Whatcom County, Washington. Foregoing franchise granted on the 5th day of July , 1979, for a period of 25 years, and the conditions listed above are accepted. WHATC(�'_ UNTY WATER_,P PS�ICT NO. 12 ATTEST: C airman k­`Sec e ar