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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
' IN THE MATTER OF THE APPLICATION OF ) .
TOWN OF MII.LWOOD TO CONSTRUCT, OPERATE )
AND NIAINTAIIN SANITARY SEWER LINE IN, ) F It A N CHI S E
ALONG AND UNDER COUNTY ROADS, ) HIGHWAYS AND OTHER COUNTY PROPERTY )
IN SPOKANE COUNTY, WASHNGTON )
Application of TOWN OF MILLWOOD, a corporation doing business in Washington, at Spokane, for a
franchise to construct, operate and maintain a sanitary sewer line in, along and under County Roads, tughways and
other County property in the Spokane County, Washington, as hereinafter set forth, having come on regularly for ~
hearing before the County Commissioners of Spokane County, Washington, on the 24th day of October, 1995, at
the hour of 5:00 p.m., under the provisions of Chapter 187, State Sessions Laws of 1937, and it appearing to the
Board that nodce of said hearing has been duly given as required by law, and that it is in the public interest to grant
the franchise herein granted;
NO'W THEREFORE:
IT IS ORDERED, that a franchise be and the same is hereby given and granteti to TOWN OF
MII,LWOOD, doing business in the State of Washington, its successors and assigns, hereinafter referred to as the
"Grantee", for a period of twenty-five (25) years from and after the date of the entry of this order, to construct,
operate and maintain a sa.nitary sewer line in, under, along and over the following described public County roads
and County property in Spokane County, Washington, to-wit:
VISTA ROAD - from the centerline of Euclid Avenue/Empire Way to the centerline of Courtland
Avenue in Section 6, Township 25 North, Range 44 E.W.M. in the Town of Millwood.
This franchise is grantetl upon the following express terms and conditions, to-wit:
I.
TOWN OF MII.LWOOD, its successors and assigns (hereinafter designated as the "Grantee") shall have
the right and authority to enter upon the County roads, rights of way and other County property herein listed for
the purpose of constructing and installing its sanitary sewer line and all necessary facilities connected therewith
(hereinafter referred to as the "system") and for repairing, operating, maintaining, removing and replacing all or
any portion of its system.
II.
All construction and installation work where crossing County roads or rights of way or other County
property outside of the corporate limits af any incorporated town shall be submitted for the approval of and pass
the inspecrion of the County Engineer.
M.
Prior to commencement of construction of any portion of said system, the grantee shall first file with the
County Engineer its plans and specifications in duplicate showing the position, depth 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.
/
The_system sh4 be. installed in confomuty wit~i said plans x: except _i&iutance_s in which,deviation maX tte
allowed thereafter in writing by the County Engineer pursuant to applicadon by grantee. The plans and
specifications shall specify that class and type of material and equipment to be used, manner of excavation,
construction, installation, back fill, erecdon of temporary structures, erection of permanent structures, traf5c
control, traffic turnouts and road obstructions, etc. Upon completion of such consavction, a set of "As Built Plans"
~ ~-shall be filed with the Counry Engineer. _
J
No such construction shall be commenced wittiout the grantee first secwring a written permit from the
Counry Engineer, including approval endorsed on one set of plans and specifications returned to the grantee. All
such work shall be done subject to the approval of and shall pass the inspection of the County Engineer.
,1. •
In any work which requires breaking of surface of the County roads, rights of way, or other County
property subject to this franchise for the purpose of laying, relaying, connecting, disconnecting and repairing the
said system, and making connections between the same to swctures and buildings of consumers or making
connecaons to other facilities of the grantee now in existence of hereafter constructed, the grantee shall be governed
by and conform to the general rules now existing or hereafter adopted by the officers charged with the supervision
- and care of such County roads, right of way and other County property; and the grantee at ia own eapense and
with all convenient speed shall camplete the work for which the surface has been broken and forthwith replace the
work and make good the County road, right of way, or Counry properry and leave same in as good condition as
before the work commenced; provided, however, that no such breaking of the surface on the County roads, right
of way or other County property shall be done prior to the filing of its plans with the County Engineer; provided,
however, that in cases of emergency arising out of office hours when an immediate excavarion may be necessary
for protection of private or public property the same shall be reported to the County Sheriff. Plans for the
restoration of the County road, right of way or other property to the same condition as it was prior to such breaking
shall be filed with the County Engineer. The Cowity Commissioners upon notice to the grantee may at any time
order or have done any and all work that they consider necessary to restore to a safe condition any such County
road, ri$ht of way or other County property left by the grantee or its agents in a condition dangemus to life and/or
property, and the grantee upon demand shall pay to the County all cosis of such work.
V.
All lines and facilities constructed, operated and maintained across Counry roads, rights of way or other
County property as covered by this franchise shaU be constructed, operated and maintained in coripliance with the
Standards of the American Public Works Associarion. All construction or installation of such lines and facilities,
service repair, or relocation of the same, performed along or under the County roads, rights of way or other
County property subject to this franchise shall be done in such a manner as not to interfere with the construction
and maintenance of other utilities, public or private, drain, drainage ditches and structures, irrigation ditches and
structures located therein, nor with the grading or improvement of such Counry roads, rights of way or other
. Counry property. AIl utiIities, public or private, actually installed in such County roads, rights of way or other
County property prior in time to the installadon of the lines and facilities of the grantee shall have preference as
to the positioning and location of such utilities so installed with respect to the grantee. Such preference shall
continue in the event of the necessity of relocadon or changing the grade of any such County road or right of way.
VI.
All work done under this franchise shall be done in a thorough and workman like manner. In the laying
of lines and the construction of other facilities and the opening of trenches, the tunneling under County roads, rights
of way and other Counry property, the grantee shall leave the trenches, ditches and tunnels in such a way as to
interfere as little as possible with public uavel 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; and where any of such trenches, ditches or hmnels are left open at night, the grantee shall place warning lights and barricades at such a posidon as to give
adequate wazning of such work. The grantee shall be liable for any injury to person or persons or damage to '
property sustained through its carelessness or neglect, or through any failure to properly guard or give warning
of any trenches, ditches or tunnels dug or obstrucrions placed by the grantee.
VII.
The County in granting this franchise does not waive any right which it now has or'may hereafter acquire
with respect to County roads, right of way or other County property 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 County roads, rights of way or other County property covered by this franchise.
Vffi.
.
. If,..at. any time,. .the.County. shall improve or_change any. County. road,.right of way_ or other County
property subject to this franchise by grading or regrading, planking or paving tlie same, changes of grade, altering,
changing, repairing or relocating the same or by constructing drainage facilities, the grantee upon written norice
from the Counry Engineer shall, at its sole expense, with all convenient speed change the location or readjust the
elevation of its system and other faciliries 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. The County shall in no
way be held liable for any damages to said grantee that may occur by reason of any of the County's improvements,
changes or works above enumerated, except for damage caused by negligence of the County's employees or agents.
All work performed by the grantee under this section shall pass the inspection of the County Engineer.
The grantee shall pay all reasonable costs of the expense incurred in the examination, inspecrion and approval of
such work.
s1 , ' , ' •
~The laying, construction, operation and maintenance of the grantee's system authorize by this franchise
shall not preclude the County, its agents, or its contractors from blasting, grading, excavating, or doing other
necessary roadwork contiguous to the said lines and faciliries of the grantee, providing that the grantee shall be
given not less than fifteen (15) days norice of said blasting or other work in order that the grantee may protect its
lines and facilities; provided further, that in the event of an emergency as determined by the County Engineer, the
grantee shaU be given forty-eight (48) hours notice.
X.
Before any work is performed under this franchise which may affect any existing monuments or markers
of any nature relating to subdivision, plats, roads, and all other surveys, the grantee shall reference all such
monuments and mazkers. The reference points shall be so located that they will not be disturbed during the
grantee's operations under this franchise. The method of referencing these monuments or other points to be
referenced shall be approved by the Counry Engineer. The replacement of all such monuments or markers
disturbed during construction shaU be made as expedidously as the conditions permit, and as directed by the County
Engineer. The cost of monumenu or other markers lost, destroyed or disturbed, and the expense of replacement
of approved monuments shall be borne by the grantee. The $rantee shaU file a complete set of reference notes to
monuments and other mazker ties which have been reestablished or disturbed.
M.
If, at any time, the County shaU vacate any County road, right of way or other County property which is
subject to rights granted by this franchise and said vacation shaU be for the purpose of acquiring the fee or other
property interest in said road, right of way of other County property for the use of the County, either in its
proprietary or governmental capacity, then the Board of County Commissioners may at their option and by giving
thirty (30) days written notice to the grantee, terminate this franchise with reference to such County road, right of
way or other County property so vacated and the County shaU not be liable for any damage or loss to the grantee by reason of such termination; provided, however, that if the Counry can provide an alternate route across other
County property, roads, or rights of way, the County shaU do so within a reasonable rime prior to such termination,
it being understood and agreed that the grantee shall pay all costs of changing and rerouting its system.
XII.
The grantee hereby agrees to protect and save harmless the County of Spokane from any and all claims,
actions or damages of every kind and description which may be asserted against such County by reason of the
grantee's acis in connection with the construction, operation and maintenance of said system. In case that suit or
action is brought against the County for damages arising out of or by reason of the above-mentioned causes, the
grantee will upon notice to it of the commencement of said action defend the same at its sole cost and expense.
In case a final judgment shall be rendered against the Counry in such suit or action, the grantee will fiilly satisfy
said judgment within ninety (90) days after said suit or action shaU have finally been determined by a trail court,
or appellate court, or courts if appeal be ta.ken, if determiued adversely to the County. Upon grantee's failure W
satisfy said final judgment within the ninery (90) day period, the Board of County Commissioners may upon due
notice terminate this franchise and the County shall have a lien upon the system which may be endorsed against
the property for the full atnount of any such final judgment so taken against the County.
Acceptance by the County of any work performed by the grantee at the time of completion shall not be a
ground for avoidance of this covenant.
The grantee shall obtain and keep in force during the term of the franchise, public liability and property
damage insurance with companies holding a valid and subsisting certificates of auihority to engage in business of
insurance in this state as provided by Chapter 48.05 RCW. The amount of coverage shaU be not less than one
million dollaz ($1,000,000) combined single limit. Spokane County shall be specifically named as additional
insured by endorsement to the pvlicy.
_ . _ . . . IiIIII.
This franchise sha.U not be deemed to be an exclusive franchise. It shall in no mvmer 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 of ihe County roads, rights of way or other Counry property subject to ttiis franchise and shall
in no ways prevent or prohibit the County from constructing, altering, maintaining or using any of said roads,
rights of way, drainage structures ar facilides, irrigation structures, or facilides, or any other County property or
affect its jurisdiction over them with full power to make all necessary changes, relocations, repairs, raaintenance,
etc., the same as the County may deem fit.
, ~ -
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' - ~ XIV.
All provisions, conditions, regularions and requirements herein contained shall be binding upon the
successors and assign.c of the grantee, and all privileges as well as all obligadons and liabiliries of the grantee shall
insure to its successors, and assigns equally as if they were specifically mentioned wherever the grantee is
mentioned.
XV.
The grantee, its successors and assigns shall have the right to sell, transferor assign this franchise upon
giving written norice to do so sixty (60) days in advance of the date of any proposed transfer to the Board of County
Comnnissioners.
XVI.
It is understood that, in the event any of the County roads or rights of way as designated in this franchise
wtuch, by reason of the subsequent incorporation of any city or town, or eatension of the limits, then the control
of the Counry with respect to this franchise shall be at an en,d and shall terminate as to such roads and rights of way
so included within such ciry or town limits.
XVYY.
This franchise shall supercede and cancel any previous right or claitn of grantee to occupy the County roads
as herein described.
XVIII. For a.nd in consideration of the rights and privileges herein set forth, the grantee agrees that Spokane
County has the right during the term of this franchise, by ordinance or resolurion, to impose fees for the rights and
privileges granted. The Boazd of Commissioners of 5pokane County agrees to provide thirty (30) days written
notice prior to the im,position of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors determined by the Boazd of
Commissioners of Spokane County and may include gross revenues derived from monttily service charges paid by
subscdbers located within Spokane County and may include revenues received as installati on charges and fees for
reconnections, inspections, repairs or modifications of any installation in the areas served by this franchise. Or,
the fee may be based upon other criteria such as length of facilides in road or number of services.
Grantee agrees to and shall provide available financial information to the Boazd of County Commissioners
of Spokane County in determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and
shall during regular business hours and at its office located in Spokane County, Washington, allow agents of
' Spokane Counry access for inspection and reproduction of all of grantee's business records, gross revenue reports,
' or rules and regulations relevant to a determination of the gross revenues received by grantee from the areas served
by the facilities permitted by this franchise if the fee schedule is to be based, or is based, on gross revenues.
~ Acceptance of any payment due under this secdon shaU not be deemed to be a waiver of any breach of this
franchise occurring thereto, nor shall the acceptance by Spokane County of any such payments preclude Spokane
~Counry from later establishing that a greater amount was actually due, or from collecting any balance due.
;
. XI1~C.
If the grantee shall willfully violate or fail to comply with any of the provisions of this franchise through
willful and unreasonable neglect or willful and unreasonable failure to heed or connply with any notice given the
grantee under the provisions of this grant, then the said grantee shall forfeit all rights conferred hereunder and this
~ franchise may be revoked or annulled by the Board of County Commissioners; provided, hoaever, that the Board
- of Counry Commissioners shall give ffiirty (30)-days vvritten notice of its iiitention to* revoke or annul the franchise
, during which period the grantee shall have the opportuniry to remedy the situation.
~
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I A1S.
The full acceptance of this franchise and ail of its terms and conditions within thirty (30) days from October
24, 1995, by TOWN OF MII,LWOOD, Washington, in writing, is to be filed with the Clerk of the Board of
Counry Commissioners of Spokane County and shall be a condition precedent to its taldng effect, and unless the
franchise is accepted within such time, this grant shall be null and void.
DAT'FD at SPOKANE, WASHINGTON, this 24th day of October, 1995.
BOARD OF COUNTY COMIvIISSIONERS
OF SPOKANE COUNTY, WASHINGTON
7 '
s, cxAMMAx
STEVE SON
GEORGE A. MARLTON
ATTEST: WILLIAM E. DONAHUE
C OF THE BO
BY4SARNNE MONTAGUE, DEPUTY
COUNTY ENGINEER The grantee, TOWN OF MII,LWOOD, a corporation, hereinbefore referred to, for itself, and for its
. successors and assigns, does accept all of the terms and condirions of the foregoing franchise.
IN WTfN~~i~3~VH~3~ ~REOF, it has caused these presents to be signed by
this day of 1995.
scribed and sworn to before me this ~ day of 1995.
. ~ ~
Notary Public In and for the State of Washington
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