Grant Franchise - EXPIRED
ccT cBE R ist. , 195 9 cco.
J
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The business before the Buard completed, the meeting adjounred.
ATTEST:
Frank J. Glover,' CLerk of the Board APPROV ED
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B.Y - _ . _ . . ...t BY
L.. Friedland, Deputy CHAIRMAN
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CCTCBER 2ND1959
The Board met in sp ecial session, pursuant to adjournment, all members present.
Minutes of the previous meeting were read and approved.
All vouchers covering accounts payable were approved.
TREASURER'S RECEIPT Treasurer's Receipt No, 04445 issued to the Commissioners' Department as follows:
Amount Paid By In Payment of
$37. 50 N. W. Title Ins. Co, $25, 00 Janitor Service on
L•and Title eC.o. 12.50 Cffice Space-S pt, 1959
AGREEMENT - FINANCE - EL•DER RCAD - FAP 5-1056 (1) The Board "entered into an agreement with the State Department of Highways, authorizing the State Highway
Department to act as agent and.furnishing of $77, 507. 65 of Motor Vehicle Funds on FAP 5-1056 (1) Elder
Road Revision, BIDS - R. I.. D. # 22 and CRP No, 426-5 (Nelson Corner.Stockpile)
All bids on the above project were referred to the County Engineer for check of extension and preparation of
the resolutions awarding. contracts,
;
R ESC.I:-UTICNS:
~ 59-436 - Institute Condemnation Proceedings. _
1
; WHEREAS, The.County of Spokane and the inhabitants thereof are in need of a public roadway upon the land
.N
hereinafter described; and,
WHEREAS, The County .Engineer of Spokane County has advised the Boar_d of County Commissioners that the
foilowing-described property is a proper site for a roadway and is needed for Gounty road purposes; and
WHEREAS, The owners of. said property have previously refused to sell a. right-of-way across the said land
for raod purposes; now, therefore,
BE IT RESCL•VED That the Board of County Commissioners of Spokane County, State of Washington, does
hereby selecE the following-described land for,County.road purposes, and does deem it necessary for the
County to acquire said land by condemnation, if neces.sary:
A portion cf the South half (S 1/2). of the Northwest Quarter (NW 1/4) of Section Three .(3), Township
Twenty-six (26) North, Range Forty-Two (42), E. W. M,, lying north of the L•ittle Spokane River in'the
County of Spokane, State of Washington,
BE IT FURTHER RESCL•VED That, the Board of County Commissioners has been advised that the sum of.
Ten Dollars ($10, 00) is a fair value to be paid to the owners of said land, the secretary of this board is
hereby directed to offer to the owners of said land the sum of Ten Dollars ($10, 00) for the said described
property, such offer to 6e accepted within ten (10) days of mailing, otherwise deemed to be rejected.
DATED this 2nd day of October, 1959.
ATTEST: W. O, Allen
Frank J. Glover, Clerk of the Board Carl W. Rudolf
By: L. Friedland, Deputy C. C. Anderson
BOARD CF COUNTY CCMMISSICNERS
OF SPOKANE COUNTY
~ 59-437 - Grant Franchise to Model Irrigation District No. 18
BEFORE THE BCARD CF CCUNTY CCMMISSICNERS CF SPCKANE CCUNTY, WASHINGTON
. In the Matter of the Application.of Model.Irrigation )
District #18, a Municipal Corporation,. for a )
F=anchise to construct water pi pe}aZes in the Order Granting Frarichise
public streets, roads and properLy of )
Spokane County
WHEREAS, MQDEL IRRIGATION DISTRICT No, 18, a Municipal Corpor.ation, organized under and by
~ virtue of the laws of the State of Washington, has applied for a franchiae for a period of f-i fty (50) years to ,
lay, construct, reconstruct, replace, renew, repair, operate and maintain water pipelines., and appurtenances
thereto, across, on, along, above. or under the public streets, roads and property of the County of Spokane,
and
WHEREAS, proper notice of.the time and place of hearing said franchise has been given as required by law . and the Board, of County Commissioners being fully advised in the premises.
NCW, THEREFORE, IT IS HEREBY ORDERED, that a franchise be and the. same is hereby granted, the
applicant, MCDEL IRRIGATION DISTRICT No, lti, a Municipat Corporation, herein designated as the Grantee,
and to its successors and assigns, for the term of fifty (50) years, subject to the limitafions and to all conditions
_ herein mentioned and prescribed by the statutes of the State of Washington in such cases made and provided,
with the right, privilege and franchise authority to Iay, construct, re-construct, replace, renew, repair,
- operate and maintain water, pipelines and appurtenances thereto, across, on, along, above or under the
following described public streets, roads and property of the County of Spokane:
All roads and streets lying within or adjoining the boundaries of Section 21 and 28, Township 25 North,
R ange 44, E. W. M., "
THIS FRANCHISE IS GIVEN SUBJECT TC THE FCLL•CWING SPECIFIC CCNDITIONS IN ADDITICN TO A1VY.
AND AL-L• CONDITICNS NCW IMPOSED UPCN SAID GRANTEE BY THE_STATUTES CF. THE STATE CF WASHINGTCN, to-wit:
This is to Certlty thi ; is a true and
correct copy of the orlginal document
IvO. 6-5 q -443 ~ on file in the Coun*Ll
. Commissjoners mtnutes of. -d -~~5-q
dated s . ~9 daY 0* ~,i
BY
CLER
CG'TCBER. 2nd, , 1959
. . •
o. ~
: FIRST: The construction, the matet-ial used therei,i, an(l the mode ai1d. method oi operation and maintenance of
said tater pipelines shall rrieet all of the requirements, conditions and provisions of any and all sCatuLes of the
~ State of Washington now in force or that may hereafter be enacted, and all rules and, regulations now in existence
promulgated by any of the public bodies of the State of Washington or the County of Spokane having jurisdiction
in the prer»ises, including Spokane County Resolution No, 56-150, dated May 2Znd. , 1956.
SECCND: The said water pipelines and all appurtenances or equipmazt of any nature, kind or description used
in conne,ction therewith shall be so located as not to obstruct the use of said public streets, roads.and property
of Spokane County, and shall meet with the approval of the County Engineer of Spokane County,
The Grantee shall leave said public.sti•eets, roads and property, after placing said water pipelines or appurtenances
there to or after the repair or reconstruction thereof, in as good and safe condition in all respects as the same
were in befo re the commencement of such work, and in case the Grantee causes any damage to said property,.
said Grantee agrees to at once repair said damage at its cost and expense, and the Board of County Commissioners
of Spokane County may at any time do or order to be done any work considered by it necessary to restore to a
safe condition any part of said public streets, roads and property left by the Grantee in a condition dangerou_s
to life or property, and the Grantee, upon demand, shall pay to the County of Spokane all costs of said work so
ordered by the Board of County Commissioners..
THIRD: All work.so done by the Grantee shall be carried on in such a manner as to cuase the least i7terference
with the work of the County, and shall be at the sole cost and.expense of said Grantee. .
The granting of any af the privileged herein described shalt not preclude the County of Spokane from conducting
any n.ecessary work on or contiguous to said pubiic streets, roads and property.
FCURTH: All work in the construction of said water pipeiines and in the repair or maintenance of the same or
any of the equipment or appurtenances used in connection therewith shall be under. the supervision of an:] subject .
" to the approval, of the Courity Engineer of S pokane County:
FIFTH: The grantee herein„ upon written notice from the Board of County Commissioners, shall at any time
during the life of this franchise, at its own cost and expense, adopt and use such approved methods and devices.
as shall be generally adopted and used.for the protection of life and property and as said Board may require.
SIXTH: The Grantee does hereby agree, for itself,- its successors and assigns, to protect and save harmless
the County of Spokane from any and all claims, actions or damages of any kind, nature or description which
may accrue to or be claimed by any person or persons,. corporation or other parties by reason of the occupation,
fautty construction or negligent maintenance of said water pipelines or the appurtenarices in connection therewith.
across said public. streets, roads and property of Spokane Gounty; and, in case suit or.action is brought against
Spokane County for damages arising out of or by reason of any of the above mentioned causes, the G:antee,
its successors and assigns, will, upon notice of said Grantee of the commencement of such action, defend the
same at its cost and expense, and, in case judgment shall be rendered against said County of Spokane in such
suit or action, the GranYee, its successors and assigns, or either of them, will fully satisfy said judgment .
within ninety (90) days after suit suit or action shall have finally been terminated, if.terminated adversely to
said Spokane County, PROVIDED, that the Grantee herein, its successors or assigns, shall have the right to
employ its own counsel in any such action and to have the exclusive management of the defense of the same, _
SEVENTH: All of the provisions, conditions and requirements here.in contained shall.be binding upon the
Grantee herein, its successors and assigns, the same as if they were specifically mentioned.wherever the Grantee
is mentioned, and all rights and privileges herein granted shall inure to such successors and assigns equally
as if they were specifically mentioned wherever the Grantee is mentioned,
EIGHTH: This franchise shall not be deerned or held to be an exclusive franchise, and it shall in no manner
prohibit the County o£ Spokane from granting any further or other franchise or franchises of any nature, kind,
character or description which the Board of County Commissioners of said County may deem proper. ,
The facilities of the Grantee shall be removed at the expense of the Grantee, its successors or assigns, to
ariother location on said public streets, roads or property in the event that said public streets, roads or
property are to be constructed, altered or improved or shatl become a primary state highway, and such removal
is reasonably necessary for the construction, alteration or improvement thereof,
NINTH:The Grantee shall, within thirty (30) days after the granting of this franchise, sign its written acceptance
of the same, the rights and privileges herein conferred, and the approval of the obligations and terms herein
imposed and, in case of failure so to do, this grant shail become null and void and of no force or effect
whatever,
TENTH: Prior 'to commencement of construction of any portion of said system, grantee shall first file. with
the Gounty Engineer its application for permit to do such work together with plans and specifications in
duplicate showing the position, depth and locati on; 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 ptans drawn to scale, hereinafter collectively referred to as the "map of definite .
location".
The system shall be la.id in exact conformity with said map of defim te location, except in instances in which
deviation may be allowed thereafter in writing by the County Engineer pursuant to appllication by grantee.
The plans and specifications shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, back fill, erection of temporary structures, erection of permanent
structures, traffic contr.ol, traffic t urnouts and road obstructions, etc. No such construction shail be
commenced withont the grantee first securing a written permit from the County Engineer,. including approval
endorsed on one set of plans and specifications returned to the grantee. All s2uch work shall be subject to
the approval of 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 on account .of granting
the said permits, -
DCNE IN REGUL•AR SESSION in the Office of the Board of County Commissioners at'Spokane, Wa shington,
this Znd day of October, 1959,
W. C. Allen
Attest: Carl W. Rudolf . .
Frank J. Glover. Clerk of the Board - C. C. Andersom
By:, L•. Friedland, Deputy B(ARD OF COUNTY COMMISSIOMRS .
OF SPOKANE COUNTY, WASHINGTON
The grante.e hereinabove. referred to; for itself, and for its successors and.assigns, does accept all of the
terms and conditions of the foregoin franchise.
IN WITNESS WHERECF, it has caused these presents to be signed by its
this day of 1959.
MODEL. IRRIGATICIV DISTRICT #18
By