HomeMy WebLinkAboutord2024-024strikeWhatcom County
Agenda Bill Report
File Number: AB2024-157
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID: AB2024-157 Version: 1 Status: Adopted
File Created: 02/20/2024 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Ordinance Requiring a Public Hearing
Department
Assigned to: Council Final Action: 04/23/2024
Agenda Date: 04/23/2024 Enactment #: ORD 2024-024
Related Files:
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 12.24, Franchise Requirements, to update procedures
for processing applications
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Whatcom County Code 12.24 and RCW 36.55 provide for the procedures for approving franchise
applications. The code amendment will better align the processing of franchise applications and provide
better service to applicants. The code changes will also clarify and reorganize sections of the code
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/05/2024 Council DISCUSSED AND
MOTION(S) APPROVED
04/09/2024 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
04/23/2024 Council ADOPTED
Aye: 6 Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Absent: 1 Buchanan
Whatcom County Page 1 Printed on 412512024
Agenda Bill Report Continued (AB2024-157)
Attachments: Staff Memo, Proposed ordinance (Strikeout), Proposed Ordinance (Clean), Substitute Proposed
Ordinance (for 4.9.2024 Introduction).pdf
Whatcom County Page 2 Printed on 412512024
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PROPOSED BY: EXECUTIVE
INTRODUCTION DATE:
ORDINANCE NO. 2024-024
ORDINANCE AMENDING WHATCOM COUNTY CODE 12.24 FRANCHISE
REQUIREMENTS TO UPDATE PROCEDURES FOR PROCESSING APPLICATIONS
WHEREAS, Whatcom County Charter Section 9.30 and the Revised Code of
Washington Chapter 36.55 authorize the Whatcom County Council to grant non-exclusive
franchises for a fixed term for the use of any street, road, or public place in unincorporated
Whatcom County; and
WHEREAS, on October 12, 1993, Council adopted Ordinance 1993-066 replacing all
references of "county commissioners" with "county council" in Whatcom County Code (WCC)
Chapter 12.24; and
WHEREAS, on March 23, 2004, Council adopted Ordinance 2004-022 amending WCC
Chapter 12.24 clarifying the process for franchise applications; and
WHEREAS, on February 26, 2008, Council adopted Ordinance 2008-005 amending
WCC Chapter 12.24 to include a process to transfer ownership or control of a franchise; and
WHEREAS, the County Council wishes to amend WCC 12.24 to better align the
processing of franchise applications with the general operations of the Public Works
Department and County Council Office and provide better service to applicants.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the
above "WHEREAS" recitals as finding of fact in support of its action; and
BE IT FINALLY ORDAINED by the Whatcom County Council that the Whatcom
County Code 12.24 is hereby amended as described in Exhibit A.
s; day of April 2024.
0`5' P G tf 4 V.fo-.e
0 WHATCOM COUNTY COUNCIL
ATE&�I�� ��'�{ HATCOM COUNTY WASHINGTON
Dana Brownl,Uavic; Qlerk of the Council VyuchanK Council Chair
APPROVED AS TO FORM:
Christopher Quinn
Civil Deputy Prosecutor
(approved electronically 2/16/2024)
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EXHIBIT A
Chapter 12.24 Franchise Requirements
Sections:
12.24.010 Purpose.
12.24.011 Authority.
I') 7d fN 7 r,--,.,Ii..,.o
12.24.012 Compliance
All utilities with facilities within Whatcom County road rights -of -way and or bridges whether
or not the utility holds a franchise from Whatcom County, shall comply with the provisions
of this Chapter and with all applicable federal, state, and local laws, codes, rules and
regulations.
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12.24.021 Application requirements.
A. Application for franchises on county roads and bridges shall be submitted in the form
approved by the County Engineer to the Whatcom County Department of Public Works.
B. Every #arehise application for franchise s-ubmitted to the county eeuneli shall be
accompanied by a franchise application fee as set forth in the current Whatcom County
ttUnified Ffee Sschedule.
C. Every application for franchise a#p4eat�f �f
alse be aeeengpaigied by a sketch of the proposed
2004-022).
12.24.022 Review of Applications - Hearing
administration and enforcement of franchises.
r. or
must include
5 Exh. A; Ord
word "control" as use nerein is not limited to
ual-weHen-g-eerrtr 1 in whatever n9aRner
-eRtFerty ofFco�tef �rolof a franchisee's company shal
gezi
effected, the county may cancel the franchise. Approval shall not be required for mortgagin
p�eses ."fef—ia-iGGrom a fr see +F..,Tpii Seri or ent ty centFelling,
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12.24.041030 Ordinance.
The Whatcom County Department of
will prepare an proposed ordinance g
council. (Ord. 2008-005 Exh. A; (Ord.
ration by the county
12.24.0-740 Submittal of plans and specifications.
There shall be submitted to the director of Whatcom County public works or the county
engineer three copies of the final plans, specifications or special provisions of the proposed
installation, at the time of the granting of a franchise. (Ord. 2008-005 Exh. A; Ord. 2004-
022; Ord. 93-066 Exh. A; prior code § 4.44.020. Formerly 12.24.020).
12.24.050 Recording of franchise.
The Clerk of the Council shall cause the franchise to be recorded by the County Auditor
pursuant to RCW 36.55.080. (Ord. 2008-005 Exh. A; Ord. 2004-022).
12.24.080 Time limit.
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There shall be a time limit imposed upon the construction of any facility granted by
franchise on any county road or bridge, subject to the approval of the county engineer
(Ord. 2008-005 Exh. A; Ord. 2004-022; prior code § 4.44.030. Formerly 12.24.030).
12.24.090 Surety bonds.
There shall be a surety bond posted at the time of granting a franchise for any facility upon
a county road or bridge to ensure replacement of any county road or bridge to its original
condition and shall be in an amount not less than 10 percent of the total estimate of the
proposed installation and releasable only by the county engineer. (Ord. 2008-005 Exh. A;
Ord. 2004-022; Ord. 93-066 Exh. A; prior code § 4.44.040. Formerly 12.24.040).
12.24.100 Inspection.
There shall be adequate inspection by an inspector approved by the county engineer who
shall be responsible to the county engineer for all construction of any facility upon any
county road or bridge. (Ord. 2008-005 Exh. A; Ord. 2004-022; prior code § ,4.44.050.
Formerly 12.24.050).
12.24.110 Approval of alteration or revision.
No alteration or revisions of plans as submitted at the time of granting a franchise shall be
permitted by a person or persons, or any franchise -holder, unless prior approval is
requested and submitted to the county engineer. (Ord. 2008-005 Exh. A; Ord. 2004-022;
Ord. 93-066 Exh. A; prior code § 4.44.060. Formerly 12.24.060).
12.24.120 Liability for construction or maintenance.
The foregoing regulations are not to be construed as relieving the franchise holder of any
responsibility or liability; for the construction, reconstruction, or maintenance of such
facilities as the franc.hiSP. may grant.<(Ord. 2008-005 Fxh. A: Ord. 2004-022: prior code 6
4.44.070. Formerly 12.24.070).;
12.24.130 Transfer of ownership or control.
A. A franchise granted .under this chapter shall not be sold, transferred, leased, assigned or
disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidatio
or otherwise, unless approval is granted by the County Council to ensure a review of
circumstances not present at the time of the adoption of the original franchise. The
Council's approval shall not be unreasonably withheld. Such costs associated with this
review process shall be reimbursed to the County Public Works Department by a new
prospective franchisee.
B. An assignment of a franchise shall be deemed to occur if there is an actual change in
control or where ownership of 50 percent or more of the beneficial interests, singly or
collectively, are obtained by other parties. The word "control" as use herein is not limited t
maiority stock ownership only, but includes actual working control in whatever manner
exercised.
C. A franchisee shall promptly notify the County Engineer prior to any proposed change in,
or transfer of or acquisition by any other party of control of a franchisee's company. Every
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change, transfer, or acquisition by any other party of control of a franchisee's company shall
cause a review of the proposed transfer. In the event that the County Council adopts a
resolution denying its consent and such change transfer or acquisition of control has been
affected, the County may cancel the franchise. Approval shall not be required for
mortgaging purposes or if said transfer is from a franchisee to another person or entity
controlling, controlled by, or under common control with a franchisee.
D. Application for transfer of ownership or control shall be submitted to the Whatcom
resolution, rule, or regulation of any kind, the more restrictive shall govern.
12.24.170 Severability.
If any Section, subsection sentence clause, phrase or other portion of this Chapter, or its
application to any person is, for any reason, declared invalid, in whole or in part by any
court or agency of competent jurisdiction said decision shall not affect the validity of the
remaining portions hereof.
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