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HomeMy WebLinkAboutord1979-072DATE November 15, 1979 BELLING AM, WA IPTIRODUC ED BY: McIntyre PROPOSED BY: PUS SOUND POWER AND LIGHT COMPANY ORDINANCE NO. 79 -72 AN ORDINANCM GRANTING A TWENTY -FIVE YEAR WATER AND WASTEWATER FRANCHISE ON CERTAIN COUNTY ROADS TO PUGET SOUND POWER AND Ll= COMPANY, A WASHINGTON CORPORATION. WBEPFA.S, Puget Sound Power and Light Company applied for a non- exclusive franchise to construct, alter, improve, renew, replace, repair, operate and maintain a water and wastewater lines upon, Linder, across, and along certain roads in Whatoom County, Washington; and, WHEREAS, notice of hearing on said application was published in the Bellingham Herald, the official county newspaper, on the 2nd and 9th days of November _ , 1979, in the manner and form required by Charger and said notice contained a description of the goads involved; and, WHEREAS, public hearing on said application was held before the County Council on November 15, 1979 , and persons appearing were accorded opportunity to speak in support of or in opposition of said franchise; and, WEE, 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 ARE, IT IS ORDAINED that the right, privilege, authority and non- exclusive franchise be, and the same are hereby given and granted to Puget Sound Power and Light. Ccmpany, its successors and assigns, hereinafter referred to as the Grantee, for a period of twenty-five (25) years from and after the date of approval of this Ordinance, to construct, alter, improve, renew, replace, repair, operate and maintain water and wastewater lines, together with all convenient appurtenances to such. lines, upon, under, across and along certain public county roads and county property in Whatccm County, Washington, to-wit: The Jackson Road (No. 414) located in Sections 12 and 13, Township 39 North, Range 1 West of the Willamette Meridian, AND Sections 7 and 18, Township 39 North, Range 1 East of the Willamette Meridian. The A.ldergrove Road (No. 641) located in Sections 7, 8, 17 and 18, Township 39 North, Range 1 East of the Willamette Meridian, AND Sections 11, 12, 13 and 14, Township 39 North, Range 1 West of the Willamette Meridian. This franchise is granted upon the. following �.x, >ress terns and conditions, to -wit: Page 2 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 water and wastewater lines and all convenient appurtenances thereto as described hereinbefore and for altering, improving, renewing, replacing, repairing and for operating and maintaining all such lines and facilities. 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 said lines shall be installed and may frcxn time to time upon reasonable notice require the removal and replacement thereof in the public interest. III. Prior to oanmencEment of construction of any new 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. The lines and appurtenant facilities shall be laid in exact conformity with said plans and specifications 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 equiF ment 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 such construction shall be ccmenced 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 Page 3 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. 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, disconnecting and repairing the said water and wastewater lines and facilities or making connections to other facilities of the grantee now in existenance 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 -sway, and other county property; and the grantee at its awn expense and with due diligence shall complete the work for which the soil has been broken and forthwith replace the work and make goad 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 in prior to such breaking, and such specifications must be approved by the County Engineer before such breaking of the soil is ccmm raced; provided further, that the Whatcan County Engineer may require a performance bond in a sum sufficient to guarantee that such county roads, rights-of-way or other county property shall be restored to the same condition as it was in prior to such breaking of the soil, the amount of said 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 airy 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. Page 4 V. All construction or installation of such lines and facilities, 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 unreasonably 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. VI. All work done under this franchise shall be done in a thorough and workmanlike manner. In the laying of water and wastewater 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. VII. Whateom County, 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. VIII. If at any time Whatoam County 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, d- anging the grade, altering, changing, repairing or relocating the same or by constructing drainage facilities, or in the event that such county road, right- ofrwaay or other county property subject to 10 Page 5 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 HigY&iays, shall, at its sole expense and with due diligence, 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. All work to be performed by the grantee under this section shall be subject to 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. IX. The laying, construction, operation and maintenance of the grantee's water and wastewater- lines -and - facilities authorized by this franchise shall not preclude Whatccn County, 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. 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 referem -ed 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 County Engineer's Office. Page 6 of If at any time Whatewn County 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 Whatcam County, in either its proprietary or governmental capacity, then the Board of 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 Whatccm County shall not be liable for any damages or loss to the grantee by reason of such termination. XII. The grantee, by acceptance of the privileges granted hereunder, does hereby agree to protect and save harmless Whatccm County 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 water and wastewater lines and facilities. In case that suit or action is brought against Whatccm County for damages arising out of or by reason of the above- mentioned causes, the grantee will upon notice to it of the cam - mencenent of said action defend the same at its sole cost and expense, and in case judge- ment which is not appealed shall be rendered against Whatccm County in such suitor 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 Whatccm County. Upon the grantee's failure to satisfy said judgment within ninety (90) days period, this franchise shall at once cease and terminate. Acceptance by the County of any work performed by the grantee at the time of ccmpletion shall not be a grounds for avoidance of this covenant. MI. This franchise shall not be deemed to be an exclusive franchise. It shall in -no •ruu-nuner..prohibit Whatcon Ca *.uity- 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 way prevent or prohibit Whatccm County from constructing, altering, maintaining, using, or vacating any of said roads, rights -of -way, drainage structures or facilities, irrigation structures or facilities, . Page 7 or any other county property, or affect its jurisdiction over then or any part of then with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the county may dean fit. 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 ao if they were specifically mentioned wherever the grantee is mentioned. XV. Neither this franchise nor any interest herein shall be sold, transferred or assigned without the previous consent in writing of the Board of County Commissioners of Whatcom County, except that the grantee may mortgage this franchise to the trustee for its bond holders. 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 tcrwn 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. XVII. In preparing plans and specifications for the installation of water and wastewater lines along or across county roads and rights -of -way the grantee shall use as a guide the standards and specifications established by the County Engineer. XVIII. if the grantee shall willfully violate or fail, through willful or unreasonable neglect, to cenply with any of the- provisions of -this -franchise- for thirty, (30) days after receipt of written notice from the Board of County Council, then said Board shall have the right to declare grantee's forfeiture of all rights hereunder and to declare this franchise terminated and of no further force or effect thereafter. Page 8 %- XIX. If any terns, provision, condition, or portion of this franchise be held invalid, such invalidity shall not affect the validity of the remaining portion of this franchise, which shall continue in full force and effect:. Whatom 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. •a 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, with limits at least in the amount of $200,000 to $500,000; provided, grantee may self - insure for bodily injury and property damage in such amounts as are consistent with good utility practices. 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 revenue or as reimbursement for use and occupancy of public ways, and failure to timely remit-any suns properly due thereby, shall be cause for forfeiture of rights hereunder, according to,the procedure specified in provision XVIII of this franchise. PASSED the 6 t h ATTEST : day of December , 19 79 . Joan Ogdc:n, County Auditor and ex- officio Clerk of the Count Council 7 r By: Deputy Wha.tccm County Prosecuting Attorney WHATCOM COUNTY COUNCIL WHUC'OM COUNTY, 'WASBINGIM By: ,!��:, (,,Q Approved ( ) Vetoed Date -7 7 c', John I,o E5cecutive Publ' hed Novmeber 2 and 9 1979, M-191 December 13 1979. Page 9 A C C E P T A N C E The undersigned hereby accepts all the rights and privileges of the above- granted franchise subject to all the terms, conditions, stipulations and obligations contained therein. Grantee ATTEST: BY: 421-�e� R. V. Pollard, Director -Tran- cmi.ssion and Distribution Operations DATED this `i th day of January , 19—B Q—. ENTERED and executed copy delivered to the grantee this /& ty day of CL I L t 1 19�_. ,t Joan Ogden, County Auditor and ex- officio Clerk of the County Council By: Deputy a