HomeMy WebLinkAboutPublic Services March 17 1988WHATCOM COUNTY COUNCIL
PUBLIC SERVICES COMMITTEE
March 17, 1988
The meeting was called to order at 6 :35 p.m. by Committee
Chair Johnson with all committee members present. Also present
were Shirley Van Zanten, County Executive; Paul Rushing, Public
Works Director; Ed Henken, Engineer; Dave Cottingham, Prosecuting
Attorney's Office; David Henny and Robert Snyder, Whidbey
Telephone Company; Amos Heacock, Pt. Roberts Utilities Co -Op; and
Glynnis Christie.
ORDINANCE IN THE. MATTER OF GRANTING.A NON- EXCLUSIVE FRANCHISE.TO
WHIDBEY TELEPHONE COMPANY PURSUANT TO STATE.LAW FOR A.PERIOD OF
TWENTY -FIVE YEARS TO USE THE RIGHT -QF -WAY OF COUNTY ROAD, FQR_ T.HE
CONSTRUCTION. OPERATION AND MAINTENANCE OF TELEPHONE,. TELEGRAPH
AND OTHER TELECOMMUNICATIONS FACILITIES
Dave Cottingham, Civil Deputy Prosecuting Attorney,
explained a series of recommended amendments to the franchise
ordinance, beginning with a recommendation to substitute a
reworded text for Section 14 of the ordinance.
VANDERPOL MOVED TO RECOMMEND APPROVAL OF THE CHANGE TO
SECTION 14.
The motion carried.
Cottingham then reviewed the proposed substitution of text
for Section 17. He explained that he believed the sentence which
read: "In any proceeding under eminent domain the franchise
itself shall have no value," should be included in the language
of that section, whereas the Whidbey Telephone Company attorney
did not concur. This issue was discussed.
VANDERPOL MOVED TO RECOMMEND APPROVAL OF THE SUBSTITUTE TEXT
FOR SECTION 17, WITH THE INCLUSION OF THE ADDITIONAL SENTENCE.
The motion carried.
Cottingham reviewed the substitute text for Section 18.
VANDERPOL MOVED TO RECOMMEND APPROVAL OF THE SUBSTITUTE TEXT
FOR SECTION 18.
The motion carried.
Cottingham reviewed the suggested text for an additional
section, Section 20.
March 17, 1988
Page 2
There was considerable discussion about Whidbey Telephone's
contention that they should have the right to terminate the
Franchise in the event of amendment or modification, and also
about the length of notice they should be required to give.
VANDERPOL MOVED TO RECOMMEND THAT SECTION 20 BE APPROVED TO
READ AS FOLLOWS: "IN THE EVENT THAT THIS FRANCHISE WERE TO BE
AMENDED OR MODIFIED BY THE WHATCOM COUNTY COUNCIL OR BY THE
PEOPLE ACTING FOR THEMSELVES THROUGH THE INITIATIVE OR
REFERENDUM, THEN THE GRANTEE, WITHOUT PENALTY OR LIABILITY OF ANY
NATURE WHATSOEVER, MAY TERMINATE THIS FRANCHISE AT ANY TIME BY
FILING WRITTEN NOTICE THEREOF WITH THE CLERK OF THE WHATCOM
COUNTY COUNCIL AND WITH THE WHATCOM COUNTY DIRECTOR OF PUBLIC
WORKS, WHICH TERMINATION SHALL BECOME EFFECTIVE UPON THE
EXPIRATION OF THIRTY DAYS AFTER THE FILING THEREOF."
The motion carried.
It was also noted that the designation "W.M." for
"Willamette Meridian" should be added after the phrase "Range 3
West" on lines 13 and 14 and in the Appendix.
JACKSON MOVED TO RECOMMEND ADOPTION OF THE ORDINANCE AS
AMENDED. The motion carried.
ORDINANCE IN THE MATTER OF RE- ESTABLISHING THE WHATCOM COUNTY
DEPARTMENT OF PUBLIC WORKS, IN ACCORDANCE WITH THE HOME RULE
CHARTER FOR WHATC-OM COUNTY, PROVIDING FOR THE REPEAL OF WHATCOM
COUNTY-CODE CHAPTER 2.76, RESQLUTIQN DATED SEETEMBER 20, 1978 AND
ORDINANCE N0, 83 -71, DESIGNATING THE.DIVISIONS, AND INCORPORATING
WITHIN THE WHATCOM COUNTY CODE A NEW CHAPTER 2.77
Executive Van Zanten explained the purpose of the ordinance
and requested that the second sentence in Section 2.77.020 be
deleted.
VANDERPOL MOVED TO RECOMMEND ADOPTION OF THE ORDINANCE WITH
THE AMENDMENT AS REQUESTED.
The motion carried.
The meeting was adjourned at 7:25 p.m.
ATTEST:
Amanda Fleming
Clerk of the Counci
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
C.J. "Corky" Johnson, Chair
Public Services Committee