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HomeMy WebLinkAboutFranklin County Utility Franchise Agreement 12.21.2005 BEFORE THE BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, STATE OF WASHINGTON In the Matter of the Application of City of Pasco, ) Washington, a Municipal Corporation,for a non- ) exclusive franchise to locate, construct, maintain ) and operate City utilities including: (A)sanitary ) No. 2005-558 sewer system; (B)system of water mains and ) laterals; and (C) irrigation lines and laterals within ) RESOLUTION AND Franklin County, Washington, upon, over, under, ) AGREEMENT FOR along and across certain Franklin County roads ) NONEXCLUSIVE UTILITY and public highways or parts thereof not within ) FRANCHISE the limits of any incorporated city or town in ) Franklin County, Washington ) ) WHEREAS, Franklin County has pursuant to RCW 36.55.010 granted the City of Pasco, Washington, a Municipal Corporation, a franchise for the construction, operation and maintenance of a system of water mains and laterals along County roads by a nonexclusive franchise for a period of fifty (50) years on May 16, 1955; and WHEREAS, that franchise has expired and there is a need to renew this franchise to prevent interruption of utility services for residences of the City of Pasco, Washington, and Franklin County, within the City of Pasco's Urban Growth Boundaries; and WHEREAS, the County has by Resolution No. 95-251, dated November 6, 1995, provided by Resolution and Agreement the grant of a nonexclusive franchise to the City of Pasco, Washington, for the location, construction, maintenance and operation of a sanitary sewer system which utilizes many of the same roadways as occupied by the water lines as well as irrigation utilities and to provide for uniformity of terms and conditions, it is deemed beneficial for the consolidation of these utilities into a single franchise, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON, do hereby make the following: FINDINGS 1. The City of Pasco has by application dated the 14th day of March, 2005, petitioned for the grant of a nonexclusive franchise for the installation, location, construction, maintenance, operation, use and if necessary, the removal of its utility services consisting of: (a) sanitary sewer system; (b)water mains and laterals; and (c) irrigation lines and all necessary appurtenances thereto for their location under, upon, along, over, across Franklin County roads, highways, streets, alleys and bridges iocated within that area designated as the City of Pasco Urban Growth Boundaries and not within the corporate limits of any incorporated city or town. 2. A hearing, notice of which has been given pursuant to RCW 36.55.040, was held before the Board of County Commissioners on the 21 day of December, 2005, and, after hearing all persons interested in this petition and receiving evidence, the Board deemed it to be in the public interest to grant. the nonexclusive franchise for the location of the City of Pasco utilities including sanitary sewer system, system of water mains and laterals, and irrigation lines and laterals together with all appurtenances thereto. Resolution and Agreement for Nonexclusive Utility Franchise- 1 ` �� l NOW, THEREFORE, the Board of County Commissioners of Franklin County, do ordain as follows: ORDER There is hereby granted to the City of Pasco, Washington, its agents, contractors, or assigns, collectively designated herein as "Grantee", subject to all the provisions, conditions, covenants and requirements of the Franchise Agreement provided below, the right, privilege, and franchise, for a term of fifty (50) years, from the date hereof, to install, locate, construct, maintain, operate, use, repair, alter and remove, together with all necessary appurtenances thereto the following City utilities consisting of: (a) sanitary sewer system; (b)system of water mains and laterals; and (c) irrigation lines to be located under, upon, over, along, or across those portions of any and all County roads, highways, streets, alleys, bridges, right-of-ways and other County property which lie within the City of Pasco Urban Growth Boundaries together with any subsequent amendments thereof, identified herein as the Franchise Territory, more particularly described on Exhibit A which is attached hereto and incorporated herein by this reference according to the terms and conditions of the Franchise Agreement provided below. The Sewer System Franchise granted by Resolution 95-251 is superceded by this franchise for City utility services. FRANCHISE AGREEMENT TERMS AND CONDITIONS This grant of nonexclusive franchise shall be subject to the following terms and conditions: 1. ARvroval by Countv Enqineer. All location, construction, installation, relocation or removal of the City of Pasco utilities consisting of the system of water mains and laterals and their sewer system hereinafter referred to as "utilities" or any portion thereof within Franklin County road rights of way or other County property outside of the corporate limits of any incorporated town shall be subject to the approval of, and at his direction, the inspection by the County Engineer. 2. Permit Required - Map and Specifications to be Filed. Prior to commencement of any work on or construction of any City utilities, Grantee shall file with the County Engineer its application for permit to do such construction together with plans and specifications in form and number as approved by the County Engineer showing the position, depth, or height, and location of all 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 indicating exact distance hereinafter collectively referred to as the "map of definite locations." Grantee is hereby authorized to extend its facilities throughout the area authorized hereunder. The City utilities system shall be constructed in conformity with said map of definite location, except in instances in which deviation may be allowed by the prior written consent of the County Engineer pursuant to application by Grantee. The plans and specifications shall specify, as applicable, the class and type of materials and equipment to be used, manner of excavation, construction, installation, back fill, erection of temporary structures, erection of permanent structure, traffic control, traffic turnouts, and road obstructions, and manner and means by which they affect County roads, rights of way or property will be restored to a condition as good as that which existed prior to such work or construction. No such work or construction shall be commenced until the Grantee has first secured a written permit from the County Engineer, which shall include approval by the County Engineer endorsed on one set of plans and specifications to be returned to the Grantee. All such work or construction shall require the inspection and approval of the County Engineer. The Grantee shall pay all reasonable costs and expenses incurred in the examination, inspection, and approval of such work or construction by the County Engineer as herein provided. Resolution and Agreement for Nonexclusive Utility Franchise -2 3. Count Roads to be Restored. Any work which required breaking of surface of the County roads or rights of way subject to this franchise for the purpose of locating, constructing, installing, relocating, removing, maintaining and/or requiring the City utilities system, and/or making connections between the same to structures and buildings of consumers or making connections to the facilities of the Grantee now in existence or hereafter constructed, the Grantee shall be governed by and strictly conform to the instructions set forth in the permit issued by the County Engineer for such work; and the Grantee; at its own expense and with all reasonable speed, shall complete the work for which the road or right of way surface has been broken and repair and restore the affected County road or fight of way and the surface thereof to a condition as good as that which existed before the work commenced. Except in cases of emergency as hereinafter provided, no breaking of the surface of any County road or right of way shall be done until Grantee has first obtained a permit thereof issued by the County Engineer as specified in Section 2 of this Agreement. PROVIDED, however, that in cases of emergency which occur beyond regular office hours and immediate work may be necessary for the protection or safety of persons or property, the emergency shall be immediately reported to the Franklin County Sheriff and the necessary work may be immediately undertaken upon the express condition that an application for a permit for such work, as here in above provided, shall be submitted to the County Engineer on or before noon of the business day next following the commencement of emergency work. Application 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 surface is commenced. The Grantee shall pay those costs antl expenses incurred in the examination, inspection, and approval of such restoration. The County Engineer or designee, upon notice to the Grantee, may at any 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. 4. InterFerence With Existin Facilities. No location, construction, installation, maintenance, repair, removal or relocation of the utilities system or any portion thereof, performed along or under any County road or right of way or other County property shall in any way interfere with the construction and maintenance of any existing utility, public or private, drain, drainage ditch or structure, or irrigation ditch or structure, located along or under such County roads, rights of way or property. 5. Minimum Interference with Public Travel - Grantee Liable for Dama�. All work done under this franchise shall be done in a thorough and workmanlike manner. All construction, installation, maintenance, repair, relocation or removal of the City utilities system, or any portion thereof shall be conducted in a manner that will interfere as little as possible with public use of and travel upon County roads and rights of way and shall include all due and necessary measures and precautions to prevent danger to persons or property. Specifically, where such construction, installation, maintenance, repair, relocation, or removal involves open trenches, ditches or tunnels which are left open at night, the Grantee shall place sufficient warning lights and barricades about such trenches, ditches or tunnels to give adequate warning of such work. The Grantee shall assume sole liability for any injury to persons or property which occurs by reason of any trenches, ditches or tunnels dug or maintained by the Grantee. Resolution and Agreement for Nonexclusive Utility Franchise- 3 6. Countv Mav Chanae and Imqrove Roads Without Liabilitv. If Franklin County shall at any time improve or change any County road or right of way subject to this franchise by grading, regrading, surfacing, or paving the same, or by changing, altering, repairing or relocating the grade thereof or by construction of drainage facilities, the Grantee, upon reasonable advance written notice from the County Engineer, shall at Grantee's sole expense, with all reasonable speed change the location or readjust the elevation of its City utilities system 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. Franklin County shall in no respect be held liable for any damages, costs or expenses to said Grantee that may occur by reason of any of the County improvements, changes of work above enumerated, except insofar as such damages, costs or expenses shall be caused by the negligence of the County's employees or agents. All work 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 reasonable costs of and expenses incurred in the examination, inspection and approval of such work. 7. Blastin bv County on Notice. The laying, construction, operation and maintenance of the Grantee's utilities system authorized by this franchise shall not preclude the County, its agents or its contractors from blasting, grading, excavating or doing other necessary road work in accordance with all applicable regulations contiguous to the said lines and facilities of the Grantee providing the Grantee shall be given forty-eight (48) hours advance written notice of said blasting or other work, except in cases of emergency where such notice would be given as soon as conditions permit. 8. Vacation of Countv Roads -Alternate Route. If at any time, the Grantor shall vacate any County road, right of way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or the property interest in said road, right of way or other County property in either its propriety or governmental capacity, then the Board of County Commissioners of said County shall provide the City notice of any hearings incident to such vacation and may at their option, either retain an easement for the location of the Grantee's utilities or upon giving one hundred eighty (180) days written notice to the Grantee and after providing an alternate route, terminate this franchise with reference to such County road, right of way or other County property so vacated and said County shall not be liable for any damages or loss to the Grantee by reason of such termination. 9. Grantee to Indemnifv Countv- Liabilitv Insurance. The Grantee covenants, agrees and promises that it shall fully hold and save harmless and indemnify Franklin County from any and all liability, loss, injury, damage, costs, charges, claims, actions, suits or expenses of any nature whatsoever, occurring to any person, association, corporation or property of any kind by reason of any acts, actions, omissions, defaults or neglect of the Grantee in the construction, operation, or maintenance of the City utilities system. The Grantee further covenants, agrees and promises that, in the event that any claim, suit or cause of action shall be brought against Franklin County by reason of any acts, actions, omissions, defaults or neglect of the Grantee in the construction, operation or maintenance of the utilities system, it shall, at its own cost and expense, defend any such claim, suit or cause of action, and shall pay any and all costs, charges, attorneys fees and other expenses therein and any and all judgments that may be incurred by or obtained against Franklin County in any such claim, suit or cause of action. Resolution and Agreement for Nonexclusive Utility Franchise-4 The Grantee further covenants, agrees and promises that, in order to secure to the County full and complete performance of the covenants and conditions of this Section 11, it shall, at its own cost and expense, obtain and maintain in effect continually during the term of this franchise, liability insurance with an insurance company authorized to do business within the State of Washington or with the Washington Cities Insurance Authority, the City's liability pool, at the Grantee's discretion, in the minimum limits of $1,000,000.00 per incident or occurrence for bodily injury or death. 10. Conformit with State and Count /Federal Re ulation/Hi hwa Commission Rules to be Followed. Franklin County expressly reserves the right at any time upon one hundred eighty (180) days written notice to the Grantee, to change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any State statute, rule or regulation, or County ordinance, and may terminate this franchise with reference to such County road, right of way or other County property so vacated and said Franklin County shall in no respect be liable for any damages, costs, or expenses to the Grantee that may occur by reason of such termination. In preparing plans and specifications for the paved County roads or other roads or rights of way, as designated by the County Engineer, where said lines have a diameter of four inches (4") or more, the Grantee shall use as a guide and reference the American Public Works Association - Washington State Chapter of Standard Specifications for Municipal Public Works Construction, and the Standard Specifications for Road and Bridge Construction established by the Washington State Department of Transportation and amendments thereto, respectively, and shall abide by all local specifications and amendments thereto. Design of facilities authorized by this franchise shall be in accordance with good municipal practices. PROVIDED: That, where pipe is required by either of these standards to be encased, it shall be encased for the full width or the right of way at the point of crossing. All plans and specifications for County road crossings shall be subject to the approval of the County Engineer. Notwithstanding the provisions of this section, the County Engineer may require or permit modifications of such specifications referred to in this section and approve such plans and specifications submitted by the Grantee in applying for a permit for such work. 11. Count Authorit Reserved. A. Utility Taxation. In the event State Legislation is enacted (other than Chapter 82.14 RCW) creating an excise or utility tax granting to the County at any time within the period of this franchise, or is in existence upon the date of renewal of this franchise, the County reserves and retains the right to impose such an excise or utility tax. B. Federal and State Repulation. Grantor reserves the right to modify the provisions of this franchise upon one hundred eighty(180) days notice to Grantee to provide for the application of newly adopted Federal or State law, or local regulations implementing Federal or State law, to provide that this franchise be in full compliance with such law and regulations. C. Countv Police Power. Nothing in this franchise constitutes a waiver of the Grantor's right to exercise its police powers, including, and if necessary, to act from time to time after providing Grantee thirty (30) days advanced written notification (except in the events of an emergency) notice of such action, as it is deemed necessary to protect the public health, safety and welfare of the public, and such legitimate police power regulations now or hereafter adopted shall be applicable to this franchise as if incorporated herein. Resolution and Agreement for Nonexclusive Utility Franchise-5 12. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. SIGNED this 21st day of December, 2005. BOARD OF COUNTY COMMISSIONERS FRA IN COUNTY, WAS NGTON Frank . rock, Chairp^rson Ne a J.J k�flunty Commissioner Ro rt E. Koch, County Commissioner ATTEST: 1 Cler of oard APPROVED AS TO FORM: Ryan . Verh Ip Deputy Prosecuting Attorney ACCEPT CITY F A O, WAS GTON �� Gary ru field City Man ger Resolution and Agreement for Nonexclusive Utility Franchise -6