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Franchise - EXPIRED e . . ' ~ . • y-• { , 4~i~ .~~w'~ ~P.f •4 E~ I ,:w~ y~'yy ~r . ' . . ' . ' . : ~4.:•~ . • ~ n .s " . . _ . . 'A . BEFORE THE HON013ABLE BOARD vF COUNTY C0I46ISSiONERS OF " , . COUNTY, :1lASHINGTOIJ , ~ In the AZatter of the Application of } UTqITED STATES OF A14iERICA F R A N C H I S E. ) for a franchise to construct, operate ) and maintain one or more electric power ) , transmis sion circuits across, over and upon certain,.county roads or portions ) thereof in County., ) . ) Washington4 ) ) The application of the United States of America, Department of the Interior, acting through the Bonneville Power Administrators and its assigns9 for a franchise to construct, operate and mai.ntain one or more electric power transmission circuits with appurtenant #`i.xtures acros s, over and upon the ri glit . of. way of the county road or roads hereinafter described, having Come regularly.on for hearing . : . on the dav of - , 19 ~ 9 bef ore the Board of County Comru.ssioners of ` County, Washington, under the provisions of Section. 6450v38 Remington t s Revised StatutBs of Washington, and it appearing to the Board of County Commissioners that public notice of sai.d hearing was duly given as required by law,, and that it is for the public interest to grant the franchise applied for= it is ORDERID, that a franchise be and the saYne hereby is granted to the United States of America and its assigns (hereinafter referred to as 'tthe. holder" for a period of . fifty years from the date of the entry of this order, to construct9 operate and maintain one or more electric power transmission circuits, together with the necessary . towers, poles and other fixtures appurtenant thereto9 subject to % the terms and conditions hereinafter enumerated9 across' over., and _ upon the right of way of the fol."Lowing described county road or - roads or portions :,;w l 1 • L. fthe centerline of iche Bonneville Power Administration's transmission lfne crosses tracts: VT-102A - The centerline of Mission Avenue at rPA survey station 54+09.0 aZong the east line of the SE~40k of Section 14, Township 25 North, Range 44 East, G1.M., as showii on drawina, serial number 106191. . VT-104A - The centerlfne oi Broadway Street at BPA survey station 62+93 aZong the south line oL the SLk!JL'l4 of Section 14, Township 25 Idor th, Range 44 Ea s t, Tnl . M. , a s shoxan on drawing, serial number 106192. VT-106A - The centerline oi Springiield Avenue at BPA sulcvey station 66+20 near the east line o'L the 1VEkSEk of Section 14, Township 25 1Vorth, Range 44 East, W.M., as shown on drawing, serial numUer 146192. VT-112A - The centerline of Valley GJay at BPA survey starion 76+17 along the south line of the PE~,SLk of Section 14, Township 25 North, 2ange 44 East, W.M., as shown on drawing, serial number 1061;~2. VT-120A -.The centerline of Sprague Avenue (foriner Pri.mary State I3ighway No. 2) at I3PA survey station '09+28.8 . along the line common to Sections 14 and 23, Township 25 North, Range 44 East, ir3.M., as shown on drawing, serial number 106192.. `IT-123A - The centerli.ne of proposed Second Avenue at BPA survey siation 98+55 near the east, line of the NEk1VEk of Section 23, Township 25 North, Range 44 East, W.M., as shown on drawing, serial number 106192o VT-125B - The centerline of Fourth Avenue at EPa survey station 102+75 along the south line of the 1tE-ktYJEk of Section 23, Township 25 North, Range 44 East, WeM., as shown on drawing, serial number 106192. VT-127A - The centerline of Eighth Avenue at BPA survey station 116+03 along the East-Wast quarter section line of Section 23, Township 25 Idorth, Range 44 East, W.M., as shown on drawing, serial number 106193. . VT-130A - The centerline of Twelfth Avenue at BPA survey _station 129+40 near the east line of the LZSEk of Section 23, ^township.25 North9 Range.44 East, W.M., as shown on drawing, serial number 106193. VT-132B - The centerline of Sixteenth Aveaue at BPA survey station 142+69 along Lhe line comanon to Sections 23 and 26, Township 25 North, Range 44 East, W,M., as shown on drawing, serial number 106193. VT-134A - The centerline of Taenty-fourth Avenue at BPA survey station 163+36 along the East-West quarter section iine of Section 26, Towaship 25 idorth, P.aage 44 East, Tr,7.M., as shown on drawing, serial number 106194e VT-138A - The centerline of Thirty-Second Avenue at BPA survey . - station 195+87 along the line canunon to S=ctions 26 and 35, Township 25 North9 Range 44 East, W.M., as shown on drawing, serial number 106194. lA , . . a . a • i ~ A1l constructions operation and maintenance of and repairs to said Y. electric pd+rer transmission circuits arid fixtures appurtenant thereto shall be perf ormed in accordance with applicable state laws, ard the . specifications, rules and regulations of the la.test edition of and supplement s to the National Electrical Safety Code, promulgated by the United States Bureau of Standardso Said electric power transmission circvits shall at all times be constructed, operated and r.aintained so as not to interfere unduly with the use of said county road or roads or endanger the safety of the tr~veling public thereon. II~ All costs of construction, repair, alteration9 relocation or removal of said electric power transmission circuits and appurtenant fixtures sha 11 b e paid by the Unit ed State s of Ame rica e Whenever, by reason of the construction9 repair, improvement, altera- tion or relocation of sa1d county road or roads, or any portion thereof' it shall beeome necessary, in the opi,nion of the Board of County Commis- sioners, to remove or relocate any Fa,rt or all of said electric power transmission circuits arxl appurtenant f ixtures from said county road or roads, the holder agrees to rernove or relocate said electric power transmission circuits and appurtenant fixtures immediately, arid at its own expense within the limits of appropriations available. thereforp to the place or pla.ces on said county road or roads desi gnated by the Board of County Corrmlissioners. IV. In the event that all or any part of said county road or roads shall become a primary state highway, and thereafter, by readon of the construc- tion, repair, improvement, alteration or relocation of all or an,y portion of said primary state highway as determined by the D3rector of Highways . of the State of Washington, it shall become necessary, in tYbe opinion of said Director of Highways9 to remove or relocate any or all of said electric power transmission circuits and appurtenant fixtures from said highway, the holf3er agrees to remove or relocate sai.d electric power transmission circuits and appurtenant fixtures immediately, and at its own expense within the limits qf appropriations available therefor, to , . 2 .b. . P , n . the place or places on said state highway designated by said Director, ot Highwa,ys, pursuant ta Title 411 Chapter IX9 Volme 7A2 Remington9s Revised Statutes of Washing~ton. . V* The work of constructi.ng9 removing and relocating all or any part of said ele ctric power transmission circuits and fixtures appurtenant thereto shall be performed by the holder in compliance. with paxagraph I, an,d iaithout unnecessary interference with traffic upon or along said county road or roads. None of. such work shall be undertaken or carried on without ten dayst written notice having been first given to said Board of County.Commissionerso VI. Any and all damage.or injury done or caused to be done to said county r1oad or roads., or to any portion thereof, in the construction, operation or ma.intenance of said electric power transrv.ssion circuits sYiall be immediately repaired and reconstructed by the holder wit hin the limits of appropriations available therefor and under the supervision and to the satisfaction of said Board of County Commissioners. Except where in the opinion of the Board of Cotmty Commissioners an emergency exists.. notice in writing of such repairs or reconstruction requised of the holder hereunder shall be gi.ven to the holder. Upon the failure and neglect.or refusal of the holder to do and perform immediate],y after rece ipt of such notice any repairs or reconstruction of said county road or roads herein required of the holder, or in an emergency without prior notice, the Board of County Commissioners may undertake and perform such repairs or reconstruction and the reasonable cost thereof including a reasonable sum for overhead will be gaid by the holder wi.thin the limits of appropriations available therefor upon presentation of properly executed . vnuchers therefor; provided, howeger$ that the County shall submit an , estimate of the cost of such repairs or reconstruction to the Bonneville Power Administrator., and sha.ll obtain said Aclministrator 's approval of the cost thereof before making any such repairs or reconstruction; except that if in an emergency., the existence of which sha.ll be determined by the County, it becomes necessary for the County to ma,ke such repairs or recanstruction without giving such notice and obtaining the approval of ~ the cost thereof by said Adm.ulistrator, the United States shall not be required to make any payment therefor unless the sum expended9 or any ~3~. . ' lesser reasonable sum, shall be app:oved by said Administratior• Whenever the Board of County Commissioners shall perform or cause to be performed ary of the work .contemplatt"in this paragraph the wages of every laborer , and mechanic employed in the performance of said work shall be computed on a basic day rate of eignt haurs per day and work in excess of eight hours per day shall be Permitted only upon the condition that every such laborer and mechanic sha11 be compensated for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. For each viola,tion of t~'ie requirements o:f this provisions a penalty of five do llars (65.00) shall be imposed upon the county f or each laborer or mecha,nic for every calendar day in which such employees sha11 be required or permitted to labor more than eight hours upon said _ work without receiving compensation computed in accordance with this provision and all penalties thus imposed shall be withheld for the use and benefit o f the holder; provided, furthe r, that na person undergoing or serving a.sentence of imprisonment at nard labor shall be required or permitted to perform any of such wark. VII. This franchise is granted pursuant to the provisions of section 6450-38, Remingtont s Revised Statutes of Washington, VIII . The holder shall, within twenty days from receipt of a copy of this order, file with the Board of County Comissioners at Washington, its written acceptance of the terms and conditions of this frdnchise. . Dated a~ %WkAUM ~ Washington, this _Pth day of JAMM Mr , 19 "N . BOARD OF COUiJTY C01,14ISSIGNERS OF COUPJTY, WASHINGTON AFproved as to fo tm e . ~'.~3.4 01 b I p "'a +.--4.-Agd=~ ~pUty Prosecuting Attorney for County, Washington (co .~4 -