HomeMy WebLinkAboutord2025-042Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2025-487
File ID: AB2025-487 Version: 1 Status: Adopted
File Created: 06/23/2025 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Ordinance Requiring a Public Hearing
Department
Assigned to: Council Final Action: 08/06/2025
Agenda Date: 08/06/2025 Enactment #: ORD 2025-042
Related Files:
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance granting Point Roberts Water District 44 a franchise and the right, privilege, and authority
thereunder to locate, set, erect, lay, construct, extend, support, attach, connect, maintain, repair,
replace, enlarge, operate and use facilities in, upon, over, under, along, across and through the franchise
area to allow for the provision of water services
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
RCW 36.55.040, Whatcom County Charter Section 9.30, and Whatcom County Code 12.24
provides for the granting of franchises to public and private utility companies for use of County
Rights -of -Way. This is a franchise allowing for the use and presence in County Rights -of -Way to allow
for the provision of water services in Whatcom County
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/08/2025 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
08/06/2025 Council ADOPTED
Aye: 6 Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Whatcom County Page 1 Printed on 81812025
Agenda Bill Master Report Continued (AB2025487)
-emp Absent: 1 Donovan
Attachments: Staff Memo, Proposed Ordinance, Fact Sheet, Notice of Hearing District 4 after 7.8.2025
Whatcom County Page 2 Printed on 8/8=5
SPONSORED BY:
PROPOSED BY: Executive
INTRODUCTION DATE:
ORDINANCE NO.2025-042
GRANTING POINT ROBERTS WATER DISTRICT #4 A FRANCHISE AND THE RIGHT,
PRIVILEGE, AND AUTHORITY THEREUNDER TO LOCATE, SET, ERECT, LAY, CONSTRUCT,
EXTEND, SUPPORT, ATTACH, CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE,
OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH
THE FRANCHISE AREA TO ALLOW FOR THE PROVISION OF WATER SERVICES.
WHEREAS, Point Roberts Water District #4 (hereinafter referred to as "Point Roberts
Water"), has applied for a twenty-five (25) year franchise; and
WHEREAS, the Home Rule Charter for Whatcom County authorizes the County Council
to grant non-exclusive franchises for a fixed term not to exceed 25 years for the use of any
street, road, or public place;
WHEREAS, RCW 36.55.010, Whatcom County Charter Section 9.30, and Whatcom
County Code Chapter 12.24 address the requirements pertaining to the granting of franchises by
the County; and
WHEREAS, Point Roberts Water has operated a system of water mains and water
distribution lines and other facilities within a portion of Whatcom County under a previous now
expired franchise ordinance;
WHEREAS, Point Roberts Water seeks a non-exclusive twenty-five (25) year franchise
to construct, erect, alter, lay, support, connect, improve, renew, replace, repair, operate and
maintain water transmission and distribution facilities upon, under, over, across and along
certain roads and other areas in Whatcom County, Washington; and
WHEREAS, the application of Point Roberts Water has come on regularly to be heard by
the County Council on the 6th day of August . 2025, and notice of this hearing having been
duly published on the 13th day of July , 2025, and the loth day of July , 2025, in the
Bellingham Herald, a daily newspaper published in Whatcom County having county -wide
circulation; and
WHEREAS, it appears to the Council that notice of said application and hearing thereon
has been given as required by law in RCW 36.55.040; and
WHEREAS, this Council finds, after having considered said application and being
otherwise fully advised in the premises, that it is in the public interest for this Council to grant the
franchise for a period of twenty-five (25) years; and
Page 1
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
language set forth below, in Sections 1 through 20, shall constitute the franchise agreement
between Whatcom County and Point Roberts Water, which shall be and become effective as set
forth in Section 13 thereof:
Section 1. Definitions.
1.1 Where used in this franchise agreement ("Franchise"), the following terms shall
mean:
1.1.1 "County" means the County of Whatcom, a political subdivision of the
State of Washington, and its successors and assigns.
1.1.2 "Point Roberts Water" means Point Roberts Water District #4, and its
successors and assigns.
1.1.3 "Franchise Area" means all public county roads, county public ways, and
county property now owned or hereafter dedicated to the County within the boundaries of
Township 40 North, Range 3 West, Sections 1, 2, 3, 4, 9, 10, 11, and 12, and within the
boundaries of Township 41 North Range 3 West, Sections 33, 34, 35, and 36 in Whatcom
County, Washington or as may hereafter be amended and attached hereto.
1.1.4 "Facilities" means, collectively, any and all water transmission and
distribution systems, including but not limited to tanks, meters, pipes, mains, services, valves,
manholes, pressure reducing valves ("PRVs"), pump stations, meter stations and any and all
other equipment, appliances, attachments, appurtenances and other items necessary,
convenient, or in any way appertaining to any and all of the foregoing, whether the same be
located over or under ground.
1.1.5 "Ordinance" means Ordinance No. 2025-042 which sets forth the terms and
conditions of this Franchise.
1.1.6 "Right -of -Way": As used herein shall refer to the surface of and space
along, above, and below any public street, road, way, lane, drive, alley or easement
within the Franchise Area;
1.1.7 "Relocation": As used herein shall mean to protect, support, temporarily
disconnect, relocate and/or remove Point Roberts Water facilities within or from within
the County right-of-way.
Page 2
Section 2. Facilities Within Franchise Area.
2.1 The County does hereby grant to Point Roberts Water a Franchise, and the right,
privilege, and authority thereunder, to construct, operate, maintain, replace, and use all
necessary equipment and facilities for a public water system, in, under, on, across, over,
through, along, or below the public rights -of -way located in the Franchise Area.
2.2 This Franchise is subject to the terms and conditions hereinafter set forth.
Section 3. County Authority.
3.1 The County, in granting this Franchise, does not waive any rights which it now has
or may hereafter acquire with respect to the Franchise Area, 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 Franchise Area.
Section 4. Noninterference of Facilities.
4.1 As to new Facilities, Point Roberts Water's Facilities shall be placed and maintained
within the Franchise Area so as not to unreasonably interfere with the free passage of traffic and
in accordance with all applicable laws, rules, and regulations. Prior to the installation of new
Facilities within the Franchise Area, Point Roberts Water may request that the County determine
whether the proposed placement of the Facilities will unreasonably interfere with the free and
safe passage of traffic, and the County shall make such determination in writing within a
reasonable period of time. If the proposed location is not approved by the County Engineer, the
County Engineer shall advise in writing what reasonable modifications to the proposed location
of the Facilities are necessary for the County Engineer to issue a determination that the
proposed location of the Facilities will not unreasonably interfere with the free and safe passage
of traffic.
If Point Roberts Water proceeds to install new Facilities without first obtaining the County
Engineer's determination that the proposed location of the Facilities will then unreasonably
interfere with the free and safe passage of traffic then, upon determination by the County that
current placement of particular Facilities unreasonably interferes with free or safe passage of
traffic, the County shall notify Point Roberts Water which shall, at its own expense, act promptly
to rectify the problem in consultation with the County. Point Roberts Water shall exercise its
rights under this Franchise and within the Franchise Area in accordance with all County codes
and ordinances governing use and occupancy of the Franchise Area; provided, however, in the
event of any conflict or inconsistency of such codes and ordinances with the terms and
conditions of this Franchise, the terms and conditions of this Franchise shall govern and control
to the extent authorized by law; provided, further, nothing herein shall be deemed to waive,
prejudice or otherwise limit any right of appeal afforded Point Roberts Water by such County
codes and ordinances.
Page 3
4.2 Point Roberts Water's existing Facilities shall be maintained within the Franchise
Area so as not to unreasonably interfere with the free passage of traffic and in accordance with
all applicable laws, rules, and regulations. Upon determination by the County that current
placement of particular Facilities unreasonably interferes with free or safe passage of traffic, the
County shall notify Point Roberts Water which shall, at its own expense, act promptly to rectify
the problem in consultation with the County. Point Roberts Water shall exercise its rights under
this Franchise and within the Franchise Area in accordance with all County codes and
ordinances governing use and occupancy of the Franchise Area; provided, however, in the event
of any conflict or inconsistency of such codes and ordinances with the terms and conditions of
this Franchise, the terms and conditions of this Franchise shall govern and control to the extent
authorized by law; provided, further, nothing herein shall be deemed to waive, prejudice or
otherwise limit any right of appeal afforded Point Roberts Water by such County codes and
ordinances.
4.3 All construction or installation of such Facilities, service, repair, or relocation of the
same, performed over, above, along or under the Franchise Area shall be done in such a
manner as not to interfere unreasonably with the construction and maintenance of other existing
utilities, lines, public or private, drains, drainage ditches and structures, irrigation ditches and
structures, located therein, nor with the grading or improvement of the Franchise Area. The
owners of all utilities, public or private, installed in the Franchise Area prior in time to the
Facilities of Point Roberts Water shall have preference as to the positioning and location of such
utilities so installed with respect to Point Roberts Water. Such preference shall continue in the
event of the necessity of relocating or changing the grade of the Franchise Area. Point Roberts
Water shall have such preference as to owners of all utilities, public or private, initially installed in
the Franchise Area subsequent in time to Point Roberts Water's Facilities.
4.4 The locating, laying, construction, operation and maintenance of Point Roberts
Water's Facilities authorized by this Franchise shall not preclude the County, its agents or its
contractors from blasting, grading, excavating, or doing other necessary road work contiguous to
Point Roberts Water's Facilities, provided that Point Roberts Water and the County shall first
check with the locator service to determine whether or not any of Point Roberts Water's lines are
located in the proposed work area. Upon finding from the locator service that Point Roberts
Water does have lines located within the proposed work area, the County shall provide Point
Roberts Water with seventy-two (72) hours notice of proposed work, except if a lesser time for
notice is warranted by emergency, in order that Point Roberts Water may protect its Facilities.
Failure of Point Roberts Water to properly notify the locator service of the location of its lines and
Facilities shall relieve County of its duty to provide Point Roberts Water the otherwise -required
advance notice of proposed work.
4.5 Point Roberts Water shall maintain all above -ground Facilities that it places in the
Franchise Area. In order to avoid interference with the County's ability to maintain the Franchise
Area, Point Roberts Water shall provide a clear zone of five (5) feet on all sides of such above-
ground Facilities. If Point Roberts Water fails to comply with this provision, and by its failure,
property is damaged, then Point Roberts Water shall be deemed responsible for all damages
caused thereby and the County shall be released from any responsibility therefore. For these
purposes, "clear zone" means an area that is mowed or otherwise maintained so that the
Facilities are readily visible to County maintenance operations.
Page 4
Section S. Construction Within the Franchise Area.
5.1 All construction and installation work within the Franchise Area shall be subject to
the approval and pass the inspection of the County Engineer, and shall conform to all applicable
local, state and federal standards, codes or regulations, and the County expressly reserves the
right to prescribe standards as to how and where Facilities shall be installed. The standards
shall be consistent with reasonable standards and standard engineering practices in the
applicable industries.
5.2 Prior to commencement of construction of any new Facilities, Point Roberts Water
shall first file with the County Engineer its application for permits to do such work, together with
plans and specifications in duplicate showing the position and location of all such Facilities
sought to be constructed, laid, installed or erected at that time showing their position relative to
existing County roads, rights -of -way, or other County property within the Franchise Area upon
plans drawn to scale. The Facilities shall be laid in 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. 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 such construction shall be commenced without Point Roberts Water first
securing a written permit from the County Engineer, including approval endorsed on one set of
plans and specifications returned to Point Roberts Water. All such work shall be subject to the
approval of and shall pass the inspection of the County Engineer. Point Roberts Water shall pay
all costs of and expenses incurred in the examination, inspection and approval of such work on
account of granting the said permits.
5.3 In any work which requires breaking of soil within the Franchise Area for the purpose
of laying, relaying, connecting, disconnecting, constructing, maintaining and repairing Point
Roberts Water's Facilities, and making connections between the same to structures and
buildings of consumers or making connections to other Facilities now in existence or hereafter
constructed, Point Roberts Water shall be governed by and conform to the general rules
adopted by the County Engineer; and Point Roberts Water at its own expense and with due
diligence shall complete the work for which the soil has been broken and forthwith replace the
work and make good the Franchise Area and leave the same in as good condition as before the
work was commenced; provided, however, that no such breaking of the soil within the Franchise
Area 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
Franchise Area 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 commenced;
provided further, that the County Engineer may require a performance bond in a reasonable sum
sufficient to guarantee that such Franchise Area 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. Point Roberts Water shall pay all costs of and expenses incurred in the examination,
inspection and approval of such restoration. The County Engineer may at any time do, order, or
have done, any and all work that the County Engineer considers necessary to restore to a safe
condition any Franchise Area left by Point Roberts Water or its agents in a condition dangerous
to life or property, and Point Roberts Water upon demand shall pay to the County all costs of
such work, the County having first provided notice of such condition to Point Roberts Water and
a reasonable time to cure such unsafe condition, provided however, in the event of damage to
Page 5
the Franchise Area caused by Point Roberts Water that necessitates immediate repair by the
County or its agents on an emergency basis where notice to Point Roberts Water or providing an
opportunity to cure is not feasible considering nature of the emergency and necessary repair, as
determined by the County Engineer using professional engineering standards, no such notice
and reasonable time to cure shall be required as a condition of repayment by Point Roberts
Water.
5.4 In preparing plans and specifications for the installation of Facilities within the
Franchise Area, Point Roberts Water shall reasonably conform to the standards and
specifications established by the County Engineer. Point Roberts Water shall consult with the
County Engineer in case it plans to deviate from the established standards and specifications in
the course of installing Facilities within the Franchise Area and must demonstrate to the
satisfaction of the County Engineer that its plans will achieve a legal and functionally equivalent
result.
5.5 All work done by and for Point Roberts Water under this Franchise shall be done in
a thorough and workmanlike manner. In the construction of Facilities and the opening of
trenches within and the tunneling under the Franchise Area, Point Roberts Water shall leave
such trenches 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. Where any of such trenches, ditches, or tunnels
are left open at night, Point Roberts Water shall place warning lights and barricades at such a
position as to give adequate warning of such work, per the MUTCD (Manual on Uniform Traffic
Control Devices). Point Roberts Water shall be liable for any injury to person or persons or
damage to property to the extent proximately caused by its carelessness or neglect, or to the
extent proximately caused by any failure or neglect to properly guard or give warning of any
trenches, ditches or tunnels dug or maintained by Point Roberts Water.
5.6 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,
Point Roberts Water shall reference all such monuments and markers. The reference points
shall be so located that they will not be disturbed during Point Roberts Water'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 Engineer. The cost of monuments or other markers lost, destroyed, or
disturbed, and the expense of replacement by approved monuments shall be borne by Point
Roberts Water. A complete set of reference notes for monuments and other ties shall be filed
with the County Engineer's Office.
Section 6. Relocation of Facilities.
6.1 Point Roberts Water shall, at its sole expense and with due diligence, relocate or
adjust the elevation of any of its Facilities upon receipt of written request from the County
Engineer when determined reasonably necessary based upon sound engineering principles by
the County Engineer for improvement to the County facilities in the Franchise Area, provided that
the elevations required by the County are not in violation of local, state or federal law and are
reasonable necessary for safety purposes. Point Roberts Water shall coordinate such relocation
or adjustment of its Facilities with the County and shall perform the same in a timely fashion so
Page 6
that, absent conditions beyond the control of Point Roberts Water, such relocation or adjustment
of Point Roberts Water's Facilities will not impede or delay pending changes to the Franchise
Area.
6.2 Point Roberts Water may propose to the County alternatives to reduce or eliminate
the need for relocation of its Facilities pursuant to Section 6.1. Upon the County's receipt from
Point Roberts Water of such alternatives in writing, the County shall evaluate such alternatives
and shall advise Point Roberts Water in writing if one or more of such alternatives are suitable to
accommodate the work that would otherwise necessitate relocation of Point Roberts Water's
Facilities. In evaluating such alternatives, the County shall give each alternative proposed by
Point Roberts Water full and fair consideration with due regard to all the facts and circumstances
which bear upon the practicality of relocation and alternatives to relocation. In the event the
County reasonably determines that such alternatives are not appropriate, Point Roberts Water
shall relocate its Facilities as otherwise provided in Section 6.1. Any acceptance by the County
of such alternatives shall not excuse (nor shall be construed to excuse) Point Roberts Water
from future relocation or adjustment of Point Roberts Water's Facilities pursuant to this Section
6.
6.3 As qualified in Sections 6.1 and 6.2 above, and in Section 6.4 below, whenever any
person or entity, other than the County, requires the relocation of Point Roberts Water's
Facilities to accommodate the work of such person or entity within the Franchise Area, or
whenever the County requires the relocation of Point Roberts Wat&s Facilities within the
Franchise Area for the benefit of any person or entity other than the County, then Point Roberts
Water shall have the right as a condition of such relocation to require such person or entity to:
6.3.1 Make payment to Point Roberts Water, at a time and upon terms
acceptable to Point Roberts Water, which acceptance shall not be unreasonably withheld, for
any and all costs and expenses incurred by Point Roberts Water in the relocation of Point
Roberts Water's Facilities; and
6.3.2 Indemnify and save Point Roberts Water harmless from any and all claims
and demands made against it on account of injury or damage to the person or property of
another arising out of or in conjunction with the relocation of Point Roberts Water's Facilities, to
the extent such injury or damage is caused by the negligence of the person or entity requesting
the relocation of Point Roberts Water's Facilities or the negligence of the agents, servants or
employees of the person or entity requesting the relocation of Point Roberts Water's Facilities.
6.4 Any condition or requirement imposed by the County upon any person or entity,
other than Point Roberts Water or the County (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits for
zoning, land use, construction or development) which requires the relocation of Point Roberts
Water's Facilities shall be a required relocation for purposes of Section 6.3; provided, however:
6.4.1 If the County notifies Point Roberts Water in writing that the primary
purpose of imposing such condition or requirement upon such person or entity is to cause the
grading or widening of the Franchise Area on the County's behalf consistent with the County's
Six -Year Road Construction Program, then Point Roberts Water shall relocate its Facilities within
the Franchise Area in accordance with Section 6.1.
Page 7
6.4.2 If the County notifies Point Roberts Water in writing that the County will
bear a portion of the costs of, or will provide funding towards, a project that includes grading or
widening of the Franchise Area resulting from the imposition of such condition or requirement
upon such person or entity, then Point Roberts Water agrees to bear a portion of its costs and
expenses to relocate its Facilities to accommodate such grading or widening, such portion borne
by Point Roberts Water being a percentage equal to that percentage of such project's costs
borne or funded by the County (the "County Contribution"); provided, however, in no event shall
such portion borne by Point Roberts Water exceed the dollar amount of such County
Contribution. "Project" shall mean that work directly bearing on the area that necessitates
relocation by Point Roberts Water, and shall not include other off -site improvements that may be
performed at the same time. In all other respects such relocation shall be a required relocation
for the purposes of Section 6.3 and without limiting the foregoing, Point Roberts Water shall
have the right as a condition of such relocation to require such person or entity to pay to Point
Roberts Water all relocation costs and expenses in excess of the portion borne by Point Roberts
Water under this Section 6.4.2.
6.4.3 If the Facilities to be relocated pursuant to this subsection 6.4 have been
located at or relocated within the preceding five (5) years to a location upon which the County
had agreed at the time without reservation, then Point Roberts Water shall be entitled to
recovery of all its costs and expenses incurred in the relocation of its Facilities from the party on
whom the condition for road improvements was placed. Documentation of any such agreement
between the County and Point Roberts Water shall be kept in conjunction with the
encroachment permit issued by the County for the work of relocation.
6.5 Nothing in this Section 6 shall require Point Roberts Water to bear any cost or expense in
connection with the location or relocation of any Facilities then existing pursuant to easement or
such other rights not derived from or addressed by this Franchise.
Section 7. Indemnification.
7.1 To the extent permitted by law, Point Roberts Water shall defend, indemnify and hold
the County harmless from any and all claims, demands, suits, actions, costs and expenses,
including but not limited to attorney's fees, made against it on account of injury or damage to the
person or property of another, but only to the extent such injury or damage is caused by the
actions or failure to act of Point Roberts Water, its agents, servants or employees in exercising
the rights granted to Point Roberts Water in this Franchise; provided, however, that in the event
any such claim or demand be presented to or filed with the County, the County shall promptly
notify Point Roberts Water thereof, and Point Roberts Water shall have the right, at its election
and at its sole cost and expense, to settle and compromise such claim or demand; provided
further, that in the event any suit or action is begun against the County based upon any such
claim or demand, the County shall likewise promptly notify Point Roberts Water thereof, and
Point Roberts Water shall have the right, at its election and its sole cost and expense, to settle
and compromise such suit or action, or defend the same at its sole cost and expense, by
attorneys of its own election. Notwithstanding the foregoing, if damages to another or others
result from concurrent negligence of Point Roberts Water and the County, Point Roberts Water
and the County shall each be responsible for, and this indemnification provision shall be
operative so that each party bears, the proportionate share attributable to its own negligence. In
case judgment which is not appealed shall be rendered against the County in such suit or action,
Point Roberts Water shall fully satisfy said judgment within ninety (90) days after said suit or
Page 8
action shall have finally been determined. Upon Point Roberts Water's failure to satisfy said
judgment within ninety (90) days, the County may elect to terminate this Franchise pursuant to
the terms of Section 19 herein. The provision for reimbursement of the County shall survive the
termination of this Franchise.
7.2 Acceptance by the County of any work performed by Point Roberts Water at the
time of completion shall not be grounds for avoidance of the covenant in Section 7.1 above.
Section 8. Acquisition of Right -of -Way.
8.1 In the event that Point Roberts Water proposes to acquire easements for the
location or relocation of its Facilities outside of, and adjacent to the Franchise Area, Point
Roberts Water shall notify the County of the same and the County shall have the option, with the
concurrence of Point Roberts Water, to acquire in place of such Point Roberts Water proposed
easements, additional public rights -of -way or equivalent public utility easements for use by Point
Roberts Water. Any such public rights -of -way acquired by the County shall become Franchise
Area. Any such public utility easements so acquired by the County shall not be Franchise Area
(and shall not be subject to the terms and conditions of this Franchise) and Point Roberts
Water's use of such public utility easements shall be subject to the terms and conditions of such
public utility easements. Provided the above section does not apply to Point Roberts Water's
customer service lines and only to easements related to new transmission water pipelines.1
Section 9. Vacation of the Franchise Area.
9.1 If at any time the County shall seek to vacate any portion of the Franchise Area and
said vacation shall be for the purpose of acquiring the fee or other property interest in said
portion of the Franchise Area for the use of the County, in either its proprietary or governmental
capacity, and there are no Facilities located in the Franchise Area. then the County Engineer
may at his option and by giving thirty (30) days written notice to Point Roberts Water, terminate
this franchise with reference to such portion of the Franchise Area so vacated, and the County
shall not be liable for any damages or loss to Point Roberts Water allegedly incurred by reason
of such termination. Nothing herein shall limit or prevent Point Roberts Water from exercising its
powers of eminent domain. Should Point Roberts Water notify the County of its intent to consider
exercising its power of eminent domain to obtain an easement for the Facilities located within the
area of the Franchise to be terminated, the termination of the Franchise shall be tolled for a
period of no less than one hundred and twenty (120) days from the date of notice.
9.2 If at any time the County shall vacate any portion of the Franchise Area in which
Facilities are installed at the time of said vacation, and said vacation shall be for the purpose of
acquiring the fee or other property interest in said portion of the Franchise Area by other than the
County, then the County shall, in its vacation procedure, unless otherwise waived in writing by
Point Roberts Water, reserve an easement to Point Roberts Water for Point Roberts Water's
Facilities as reasonably necessary for the continued use, operation, maintenance and repair of
the Facilities as located in the portion of the Franchise Area to be vacated.
1 A distinction is drawn here between public rights -of -way which are or shall become Franchise Area and thus
governed by the terms of the franchise ordinance, and public utility easements which shall not become Franchise
Area, the use of which shall be governed by the terms and conditions of the easements themselves and not by the
franchise ordinance.
Page 9
Section 10. Moving Buildings within the Franchise Area.
10.1 If any person or entity obtains permission from the County to use the Franchise
Area for the moving or removal of any building or other object, the County shall, prior to granting
such permission, direct such person or entity to arrange with Point Roberts Water for the
temporary adjustment of Point Roberts Water's Facilities necessary to accommodate the moving
or removal of such building or other object. Such person or entity shall make such
arrangements, upon terms and conditions acceptable to Point Roberts Water, not less than
fourteen (14) days prior to the moving or removal of such building or other object. In such event,
Point Roberts Water shall, at the sole cost and expense of the person or entity desiring to move
or remove such building or other object, adjust any of its Facilities which may obstruct the
moving or removal of such building or object.
Section 11. Locating Facilities.
11.1 Point Roberts Water and the County acknowledge and commit to fully comply with
their respective obligations, as the same may arise from time to time, under Chapter 19.122
RCW (Underground Utilities Locator Statute) or any other law applicable to determining the
location of utility facilities.
Section 12. Nonexclusive Franchise.
12.1 This Franchise is not and shall not be deemed to be an exclusive franchise. It shall
not in any manner prohibit the County from granting other franchises of a like nature or
franchises for other public or private utilities under, along, across, over, and upon any part of the
Franchise Area, and shall in no way prevent or prohibit the County from constructing, altering,
maintaining, using, or vacating any part thereof , or affect its jurisdiction over any part thereof
with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same
as the County may deem fit.
Section 13. Franchise Term; Effect on Existing Franchises for Same Purpose.
13.1 This Franchise is and shall remain in full force and effect for a period of twenty-five
(25) years from and after the effective date of the Ordinance; provided, however, Point Roberts
Water shall have no rights under this Franchise nor shall Point Roberts Water be bound by the
terms and conditions of this Franchise unless Point Roberts Water shall, within thirty (30) days
after the effective date of the Ordinance, file with the County its written acceptance of the
franchise agreement contained within the Ordinance.
13.1.1 No franchise hereunder shall become effective for any purpose unless and
until written acceptance therefore shall have been filed with the Whatcom County Council and
County Director of Public Works and such written acceptance shall be in the form and substance as
shall be prescribed and approved by the County Prosecuting Attorney and operate as an
acceptance of each and every term and condition and limitation contained in this ordinance, and in
such franchise; and
13.1.2 Such written acceptance shall be filed by Point Roberts Water not later than the
thirtieth (30th) day following the effective date of the Ordinance granting such franchise; and in
Page 10
default of the filing of such written acceptance as herein required, Point Roberts Water shall be
deemed to have rejected the same. In case of Point Roberts Water's tardy acceptance of franchise,
the County's recognition thereof shall be strictly at its discretion.
13.2 This Franchise agreement sets forth and constitutes the entire agreement and
understanding of the parties with respect to the subject matter hereof. This Franchise agreement
supersedes any and all prior agreements, negotiations, correspondence, undertakings,
promises, covenants, arrangements, communications, representations, and warranties, whether
oral or written, of any party to this agreement.
Section 14. Assignment.
14.1 Neither this Franchise nor any interest herein shall be sold, transferred, or assigned
without the prior consent in writing of the County Council, which consent shall not be
unreasonably withheld, except that Point Roberts Water may mortgage this Franchise to the
trustee for its bond holders. Any approved assignee shall, within thirty (30) days of the date of
any assignment, file written notice of the assignment with the County, together with its written
acceptance of all terms and conditions of this Franchise.
14.2 All the provisions, conditions, and requirements herein contained shall be binding
upon the successors and assigns of Point Roberts Water, 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 Point Roberts Water is mentioned.
Section 15. Amendment.
15.1 Except as addressed in and through Section 15.3 below, this Franchise may be
amended only by written instrument, signed by both parties, which specifically states that it is an
amendment to this Franchise and is approved and executed in accordance with the laws of the
State of Washington. Without limiting the generality of the foregoing, this Franchise (including,
without limitation, Section 5 above) shall govern and supersede and shall not be changed,
modified, deleted, added to, supplemented or otherwise amended by any permit, approval,
license, agreement or other document required by or obtained from the County in conjunction
with the exercise (or failure to exercise) by Point Roberts Water any and all rights, benefits,
privileges, obligations or duties in and under this Franchise, unless such permit, approval,
license, agreement or other document specifically:
15.1.1 References this Franchise; and
15.1.2 States that it supersedes this Franchise to the extent it contains terms and
conditions that change, modify, delete, add to, supplement or otherwise amend the terms and
conditions of this Franchise. In the event of any conflict or inconsistency between the provisions
of this Franchise and the provisions of any such permit, approval, license, agreement or other
document, the provisions of this Franchise shall control.
15.2 If, during the term of this Franchise, there becomes effective any change in federal
or state law (including changes approved by the Washington Utilities and Transportation
Commission) which:
Page 11
15.2.1 Affords either party the opportunity to negotiate in good faith a term or
condition of this Franchise which term or condition would not have, prior to such change, been
consistent with federal or state law; or
15.2.2 Pre-empts or otherwise renders null and void any term or condition of this
Franchise which has there -to -fore been negotiated in good faith; then, in such event, either party
may notify the other party in writing that such party desires to commence negotiations to amend
this Franchise. Such negotiations shall encompass only the specific term or condition affected
by such change in federal or state law and neither party shall be obligated to re -open negotiation
on any other term or condition of this Franchise. Within thirty (30) days from and after the other
party's receipt of such written notice, the parties shall, at a mutually agreeable time and place,
commence such negotiations. Pending completion of such negotiations resulting in mutually
agreeable amendment of this Franchise, adoption of such amendment by Ordinance by the
County and acceptance of such Ordinance by Point Roberts Water, and except as to any portion
thereof which has been pre-empted or otherwise rendered null and void by such change in
federal or state law, this Franchise shall remain in full force and effect.
15.3 Notwithstanding any language to the contrary contained herein, this Franchise is
subject to the provisions of the Whatcom County Charter, Section 9.30, and all rights belonging
to the County and its people as set forth therein are hereby reserved thereto.
Section 16. Miscellaneous
16.1 If any term, provision, condition, or portion of this Franchise shall be held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise,
which shall continue in full force and effect. The headings of sections and paragraphs of this
Franchise are for convenience of reference only and are not intended to restrict, affect or be of
any weight in the interpretation or construction of the provisions of such sections or paragraphs.
16.2 This Franchise is subject to the requirements of any and all applicable laws, rules,
and regulations, including the Whatcom County Code, as currently enacted or hereafter
modified. In the event of any actual conflict between the provisions of this Franchise and the
requirements of the Whatcom County Code or County -enacted rules or regulations, the
provisions of this Franchise shall control, to the extent authorized by law.
Page 12
16.3 All notices, demands, requests, consents and approvals which may, or are required
to be given by any party to any other party hereunder, shall be in writing and shall be deemed to
have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized
overnight delivery service, or if mailed or deposited in the United States mail and sent by
registered or certified mail, return receipt requested, postage prepaid to:
For County: County Executive
Whatcom County Courthouse,
311 Grand Ave.
Bellingham, WA 98225
For Point Roberts Water District #4: District Manager
Point Roberts Water District #4
PO Box 39
Point Roberts, WA 98281
or to such other address as the foregoing parties hereto may from time -to -time designate in
writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or
refusal to accept delivery. Facsimile transmission of any signed original document, and
retransmission of any signed facsimile transmission shall be the same as delivery of an original
document.
16.4 No failure by any of the foregoing parties to insist upon the strict performance of
any covenant, duty, agreement, or condition of this Franchise or to exercise any right or remedy
consequent upon a breach thereof shall constitute a waiver of any such breach or any other
covenant, agreement, term or condition. No waiver shall affect or alter this Franchise, and each
and every covenant, agreement, term and condition of this franchise shall continue in full force
and effect with respect to other then existing or subsequent breach thereof.
Section 17. Incorporation and Annexation.
17.1 Whenever any part of the Franchise Area, 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 of the Franchise Area
not so included in city or town limits.
Section 18. Insurance.
18.1 During the term of this Franchise Point Roberts Water shall keep in effect, a
liability insurance policy covering all liability of Point Roberts Water to the County, including any
assumed by contract between Point Roberts Water and any other party, with limits at least in the
amount of $1,000,000. In lieu of the insurance requirement of this Section, Point Roberts Water
may self -insure against such risks. At the time of Point Roberts Water's acceptance of this
Franchise and otherwise upon the County's request, Point Roberts Water shall provide the
County with certificate(s) of insurance or evidence of self-insurance reflecting the requirements
of this section.
Page 13
Section 19. Forfeiture and Termination of Franchise.
19.1 If Point Roberts Water shall willfully violate or fail, through willful or unreasonable
neglect, to comply with any of the provisions of this Franchise for sixty (60) days after receipt of
written notice from the County, then the County shall have the right by ordinance to declare Point
Roberts Water's forfeiture of all rights hereunder and to declare this Franchise terminated and of
no further force or effect thereafter; provided, however, if any failure to comply with this
Franchise by Point Roberts Water cannot be corrected with due diligence within said sixty (60)
day period (Point Roberts Water's obligation to comply and to proceed with due diligence being
subject to unavoidable delays and events beyond its control), then the time within which Point
Roberts Water may so comply shall be extended for such time as may be reasonably necessary
and so long as Point Roberts Water commences promptly and diligently to effect such
compliance.
Section 20. Effective Date.
20.1 This Ordinance shall be effective ten (10) days after being signed by the County
Executive, with the Franchise granted hereunder finally effective pursuant to the terms of
Sections 13.1, 13.1.1, and 13.1.2, having been: (i) introduced to the County Council not less
than thirteen (13) days before its passage; (ii) brought to public notice by such notice having
been posted in three (3) public places in Bellingham at least fifteen (15) days before the day
fixed for the public hearing; (iii) published at least twice in the official newspaper for the County
and no later than five (5) days prior to the day fixed for the hearing and as otherwise required by
law; and (iv) passed at a regular meeting of the legislative body of the County of Whatcom by a
vote of at least a majority of members of the County Council on August 6 , 2025.
1111011111111
ADO��tl 1111 day of August 2025
Orco�.�.`
ATTEST.
ZZ
• O cOUNN
C _)
006OW14'r-i
Cathy Halka, OI • dfk • ouncil ;-
APPROVED AS TO' FORM:
Christopher Quinn
Civil Deputy Prosecutor
(approved electronically 6/6/2025)
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kaylee oway, Council Chair
Approved () Denied
Satpal Sin Sidhu, County Executive
Page 14
Exhibit A
ACCEPTANCE OF FRANCHISE
Point Roberts Water District #4
The Whatcom County Council at its meeting of August 6, 2025, adopted Ordinance
2025-042 approving the application for franchise filed by Point Roberts Water District
#4. The petition and all related documents are available for review in the Council
Office as file number AB2025-487.
Point Roberts Water District #4 hereby accepts, subject to all the conditions
contained in Ordinance 2025-042, that certain non-exclusive franchise to locate, set,
erect, lay, construct, extend, support, attach, connect, maintain, repair, replace,
enlarge, operate and use facilities in, upon, over, under, along, across and through
the franchise area to allow for the provision of water services, along, in, over, under
and across certain public roads, streets, highway and rights -of -way, now existing or
hereafter established, as follows:
All public county roads, county public ways, and county property now owned
or hereafter dedicated to the County within the boundaries of Township 40
North, Range 3 West, Sections 1, 2, 3, 4, 9, 10, 11, and 12, and within the
boundaries of Township 41 North Range 3 West, Sections 33, 34, 35, and 36
in Whatcom County, Washington.
Granting of this franchise becomes official upon receipt from the petitioner of this
signed and notarized document, and payment by petitioner of publication costs
incurred by the County Council Office.
This franchise, when granted, shall be in effect for a period not to exceed twenty-five
(25) years and subject to all terms, conditions, and limitations of the franchise.
ATTEST`�,.\CO
>�
Cath- Halka
i i+TE C}F .
Clerk of th&�ouncil"'- • .
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
KaylelVGalloway
Council Chair
Agent for the petitioner, Point Roberts Water District #4: Wesley Hubbard
Date: 1I2_5
State of Washington )
ss.
County of
Signed and sworn to before me on this 2!�_ day of -j20 by
C-,G i,-G-,A �-lu BAPW
(Agent for petitioner)
a♦♦♦ TIN �.
a Notary Public in and for the State of Washington,
•
of 0residing at
NOYAMN 9 tTi T Ri^, F3 C- (3 WA
tilillC
;•.��y%•' My notary commission expires
Effective Date of this franchise: U � a
Whatcom County, WA - 2�ZJOB�ZZJ�y
Total:$321.50 Pgs=19 v LL
FRAN 0812812025 11:30 AM
Request of: WiiHAT``COM COUNTY REAL ESTATE ll
00460072202608022620190190
RETURN DOCUMENT TO:
WHATCOM COUNTY
COUNCIL OFFICE
311 GRAND AVE, SUITE 105
BELLINGHAM, WA 98225
DOCUMENT TITLE(S): FRANCHISE
Ordinance No. 2025-042 granting Point Roberts Water District #4 a franchise and the right,
privilege, and authority thereunder to locate, set, erect, lay, construct, extend, support,
attach, connect, maintain, repair, replace, enlarge, operate and use facilities in, upon, over,
under, along, across and through the franchise area to allow for the provision of water
services.
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
Ordinance Number: 2025-042
Additional reference numbers found on page of document.
GRANTOR(S):
Whatcom County
Additional grantors found on page of document.
GRANTEE(S):
Point Roberts Water District #4
Additional grantees found on page of document.
ABBREVIATED LEGAL DESCRIPTION (Lot, block, plat, or section, township, range)
All public county roads, county public ways, and county property now owned or
hereafter dedicated to the County within the boundaries of Township 40 North,
Range 3 West, Sections 1, 2, 3, 4, 9, 10, 11, and 12, and within the boundaries of
Township 41 North Range 3 West, Sections 33, 34, 35, and 36 in Whatcom County,
Washington.
Additional legal description can be found on page __ of document.
ASSESSOR'S PARCEL NUMBER:
None