HomeMy WebLinkAboutord1979-0211�
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DATE July 5, 1979 INTRODUCED BY: Thompson
PROPOSED BY:
ORDINANCE NO. 79 - -21
AN ORDINANCE GRANTING FIFTEEN YEAR DOMESTIC WATER MAINS
FRANCHISE ON CERTAIN COUNTY ROADS TO THE CITY OF FERNDALE
WHEREAS, the City of Ferndale applied for a franchise to install,
operate, and maintaan a twelve inch (12 ") domestic Water main along
those certain roads". in W`b atcom County, Washington; and,
WHEREAS, notice of hearing. on said application was published in
the Bellingham Herald, the official County newspaper, on the
13Ch _ and ?5th_ days of Jiq •�4 , 1979, in the
manner and form required by Charter and said notice contained a
description of the roads i,-rolved; and,
WHEREAS, public hearing on said application was held before the
County Council on J11-y_19 , 1977 � __9 and persons appearing
were accorded opportunity to speak in support of or in opposition
to said 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 domestic water main,
franchise is granted the City of Ferndale, its successors and assigns, herein-
after referred to as "grantee ", for a period of fifteen (15) years from and
after the date of approval of this ordinance, to construct, operate and
maintain said domestic water main, under, along, and over these county roads
described in Attachment "A" hereto, 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 -�o the power of eminent domain and the right of the Council
or the people acting 'for themselves through the initiative or referendum
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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 granteelseeks' renewal of this franchise at the dnd of this fifteen
(15) year term and has observed the material terms of the franchise, renewal
of the franchise, shall not be unreasonably withheld.
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1 The franchise is, however, granted upon the following additional express
2 terms and conditions, to -wit:
3 SECTION I. That said grantee, its successors and assigns, shall have
4 the right and authority to enter upon the above mentioned county roads,
5 rights --of -way and other County property.., as designated hereinbefore, for the
6 purpose of constructing its water mains and all necessary facilities connected
7 therewith, and for repairing:a ll such lines and facilities, and for operating
8 and maintaining said lines and facilities.
9 SECTION II. All construction and installation work along, under, or
10 over county roads or rights -of -way or other county property outside of the
11 corporate limits of any incorporated town shall be subject to the approval
12 and pass the inspection of the County Engineer, and shall conform to all
13 applicable state and federal minimum standards, codes or regulations, and
14 the county expressly reserves the right to prescibe how and where mains
15 and appurtenances shall be installed and may from time to time upon resonable
16 notice require the removal and replacement thereof in the public interest.
17 SECTION III. Prior to commencement of construction of said water mains
18 or .facilities, grantee shall first file with the County Engineer its applica -'
19 tion for permit to do such work, together with plans and specificaions in
20 duplicate showing the position and location of all such mains and facilities
21 sought to be constructed, laid, installed or erected at that time, showing
22 their relative position to existing county roads, rights -of -way, or other
23 county property upon plans drawn to scale, hereinafter collectively referred
24 Ito as the "map of definite location ".
25 The lines and appurtenant facilities shall be laid in exact conformity
26 � said map of !definite location, except in instances in which deviation may
27 be allowed thereafter in writing by the County Engineer pursuant to application
28 by grantee. The plans and specifications shall specifiy the class and type of
29 (Imaterial and equipment to be used, manor of excavation, construction,
30 iinstallatioh, backfill, erection of temporary structures,
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1 The franchise is, however, granted upon the following additional express
2 terms and conditions, to -wit:
3 SECTION I. That said grantee, its successors and assigns, shall have
4 the right and authority to enter upon the above mentioned county roads,
5 rights --of -way and other County property.., as designated hereinbefore, for the
6 purpose of constructing its water mains and all necessary facilities connected
7 therewith, and for repairing:a ll such lines and facilities, and for operating
8 and maintaining said lines and facilities.
9 SECTION II. All construction and installation work along, under, or
10 over county roads or rights -of -way or other county property outside of the
11 corporate limits of any incorporated town shall be subject to the approval
12 and pass the inspection of the County Engineer, and shall conform to all
13 applicable state and federal minimum standards, codes or regulations, and
14 the county expressly reserves the right to prescibe how and where mains
15 and appurtenances shall be installed and may from time to time upon resonable
16 notice require the removal and replacement thereof in the public interest.
17 SECTION III. Prior to commencement of construction of said water mains
18 or .facilities, grantee shall first file with the County Engineer its applica -'
19 tion for permit to do such work, together with plans and specificaions in
20 duplicate showing the position and location of all such mains and facilities
21 sought to be constructed, laid, installed or erected at that time, showing
22 their relative position to existing county roads, rights -of -way, or other
23 county property upon plans drawn to scale, hereinafter collectively referred
24 Ito as the "map of definite location ".
25 The lines and appurtenant facilities shall be laid in exact conformity
26 � said map of !definite location, except in instances in which deviation may
27 be allowed thereafter in writing by the County Engineer pursuant to application
28 by grantee. The plans and specifications shall specifiy the class and type of
29 (Imaterial and equipment to be used, manor of excavation, construction,
30 iinstallatioh, backfill, erection of temporary structures,
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erection of permanent structures, traffic control., traffic turnouts, and
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road obstructions, etc. No such construction shall be commenced without
the grantee first securing a written permit from the County Engineer, includ-
ing 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 water mains (12 ") and facilities, 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
J the restoration of the county road, right -of -way or other county property
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to the same condition as it was prior to such breaking, and such specification:
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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 guarantee that such county roads,
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rights -of -way or other county property shall be restored to the same condition
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as it was prior to such breaking of the soil, the amount of said bond to be
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I fixed by the County Engineer. The grantee shall pay all costs of and expenses
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erection of permanent structures, traffic control., traffic turnouts, and
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road obstructions, etc. No such construction shall be commenced without
the grantee first securing a written permit from the County Engineer, includ-
ing 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 water mains (12 ") and facilities, 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
J the restoration of the county road, right -of -way or other county property
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to the same condition as it was prior to such breaking, and such specification:
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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 guarantee that such county roads,
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rights -of -way or other county property shall be restored to the same condition
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as it was prior to such breaking of the soil, the amount of said bond to be
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I fixed by the County Engineer. The grantee shall pay all costs of and expenses
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I incurred in the examination, inspection and approval of such restoration.
2 The County Council may at any time do, order, or have done, any and all work
3 that they consider necessary to restore to a safe condition any such county
4 road, right -of -way, or other county property left by the grantee or its agents
5 in a condition dangerous to life of property, and the grantee upon demand
6 shall pay to the County all costs of such work.
7 I SECTION V. All construction. or installation of such lines and facilities
8 service, repair, or relocation of the same, performed over, above, along or
9 under the county roads, rights -of -way, or other county property subject to
10 this franchise shall be done in such a manner as not to interfere with the
11 construction and maintenance of other utilities, lines, public or private,
12 drains, drainage ditches and structures, irrigation ditches and structures,
13 located therein, nor with the grading or improvement of such county roads,
14 rights -of -way, or other county property. The owners of all utilities, public
15 or private, installed in such county roads, rights -of -way or other county
16 property prior in time to the lines and facilities of the grantee shall have
17 preference as to the positioning and location of.such utilities so installed
18 with respect to the grantee. Such preference shall continue in the event of
19 the necessity of relocating or changing the grade of any such county road or
20 right -of -way.
21 SECTION VI. All work done under this franchise shall be done in 'a
22 thorough and workmanlike manner. In the laying of water lines and the
23 construction of other facilities and the opening of trenches, the tunneling
24 under county roads, rights -of -way, or other county property, the grantee
25 I shall leave such trenches, ditches and tunnels in such a way as to interfere
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26 i as little as possible with public travel and shall take all clue and necessary
27 ( precautions to guard the same, so that damage or injury shall not occur or
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28 j arise by reason of such work; and where any of such trenches, ditches, or
29 !� tunnels are Left open at night, the grantee shall place warning lights
30 and barricades at such a position as to give adequate warning -6r such work.
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I The grantee shall be liable for any injury to person or persons or damage
32 to property sustained through its carelessness, or neglect, or through any
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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-wayl or other county property and this franchise
shall not be construed to deprive the county of any powers, rights or privel-
eges 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 What.com 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 const-
ructing 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 the 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 water 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 water mains and facilities authorized by this,franchise shall not
preclude the County of Whatcom, its agents or its contractors from blasting,
it grading, excavating, or doing other necessary road work contiguous to the
said lines and facilities of the grantee provided that the grantee shall be
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given forth -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
effect any existing monuments or markers of any nature relating to subdivisio
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 s%r,!(1l such
monuments or markers disturbed during construction shall be made as expedi-
tiously 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 grante
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 prop-
rietary or governmental capacity, then the.Whatcom County Council 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 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
I which may occur to or be suffered by any person or,persons, corporation, or
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property by reason of the construction, operation and maintenance of the
grantee's said water mains and facilities. In case that suit or action is
brought against the County of Whatcom for damages arising out of or by reason
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of the above mentioned ceases, 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 water mains
and all other facilities used in the construction., operation and maintenance
of the grantee's water main system which may be enforced against the property
for the full amount of any such judgment so taken against What cm 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 covennant.
SECTION X1II. 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 of franchises for other public or
private utilities, under, along, across, over an.d 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 roads, rights -of -way,
drainage structures or facilities, irrigation structures or facilities, or
any other county property, or effect its jurisdiction over them or any part
of them with full power to make all necessary thanges relocations, repairs,
maintenance, etc,, the same as the county may deem fit.
SECTION XIV. All the provisions, conditions, regulations and require-
ments 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
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sold, transferred or assigned without the previous coinsent in writing of the
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Whatcom County Council .
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SECTION XVI. Whenever any of the county roads, rights - -of -way or other
county property as designated in thisfranchise, 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
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county property not so included in city of town limts.
SECTION XVII. The grantee shall continence construction work under this
franchise within six months after the effective date hereof after first
securing 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 Whatcom County Council, 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 lines and facilities.
SECTION XVIII. In preparing plans and specifications for the installa-
tion of water mains 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 fall to comply
with any of the provisions of this franchise through wilful 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 or county regulation,
relating to the public welfare, health, safety or highway regulation, as may
hereafter be 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.
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a l i.:
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 $200,000 to
SECTION XXII_ 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 revenues 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.
Passed this 2nd _ day of __.,.August T , 1979.
WHATCOM. COUNTY COUNCIL
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ATTEST: Joan Ogden
County Auditor and Exofficio,
Clerk of the County Council
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By: _ ?-1//1 - _rte! .
Deputy
APPROVED AS TO FORM:
William A. Gardiner
Civil Deputy Prosecuting Attorney
(k'j Approved ( ) Vetoed Date d e?
,s
' • r�:__..�:1' ,. /•'mil'• ,ice +' ..'
John Louws, Executive
IPub,l`ished July 13 and 25, and August 9, 1979
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IN THE MATTER OF THE FRANCHISE ACCEPTANCE OF FRANCHISE
FOR: The City of Ferndale
THE CITY OF FERNDALE hereby accepts, subject to all the conditions
therein contained, that certain Franchise to lay, construct, maintain, and
repair a twelve inch (12 ") domestic water main and all necessary appurtenances
along, over and across the following roads in Whatcom County:
1. Mt. View Road, Section 19, Township 39 North, Range 2 East;
2. Church Road, Section 24, Township 39 North, Range ]_ East;
3. Thornton Road, Section 13, Township 39 North, Range 1 East.
FRANCHISE granted on the day of C�IL�:4I2- ,
is for a period of 15 years. ✓
CITY OF FERNDALE
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