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Franchise - EXPIRED ♦ t J•' ' •'y ~ f~ , t'• ~r.,' . ` 86 043CJ BEFO1tE THE BOARD OF COUNTY COMMISSIONS OF SPOKANE COUNTY, WASHINGTON in the Matter of the application of ) VERA WATER AND POWER for a franchise ) to construct, operate and maintain ) F R A N C H I S E a water and power distribution system ) . ' in, over, along and under County Roads,) , highways and other Coun.ty property in ) Spokane County, Washington ) Ap.plication of VERA WATER AND POWER, doing business in Washington, at Spokane, for a franchise to construct, operate and maintain a.water and power distribution system in, over along and under County Roads, highways and other County property in Spokane County, Wash- ington, as hereinafter set forth, having come on regularly for hearing beFore the County Commissioners of Spokane County, Washington, on the 27th day of May, 1986, at the hour of 10 o'clock A.M., under the provisions..of Chapter 187, State Sessions Laws of 1937, and it. ppearing to the Board that notice of said hearing has been duly given as required by law, nd that it is in the public interest to grant the franchise herein granted; NOW THEREFORE: IT IS ORDERED,,that a franchise be and the same is hereby given and granted to VERA WATER AND PUWER, doing business in the State of Washington at Spokane, 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 water and power distribution system in, under, along and over the following described public County.roads and County property inSpokane County, Washington, to-wit: Al1 those public County roads and_County property herein listed as follows: OLD MILWAUKEE RR RIGHT-OF-WAY - from 330 feet West of Blake Road to -Steen Road. This franchise is granted upon the following express terms and cUnditions, to-wit: Io . VERA WATER AND POWER, 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 hereiri listed for the purpose of constructing and installing its water and power distribution system and all necessary facilities connected therewith (here- iafter referred to as the "system") and for repairing, operating, maintaining, removing and aplacing 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 of any incorporated town sha11 be submitted for the approval of and pass the inspection of the County Engineer. III. Prior to comm?ncement of construction of any portion of said system, the grantee shall f irst file with th? County Engineer its plans and specifications in duplicate showing the position, depth an-3 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 properCy upon plans drawn to.scaleo The system shall be installed in c.onformity with said plans, except in instances ;Ln whicti deviation may be allowed thereafter in writing by the County Engineer pursuant Cta application by ;ra(itee. The plans and specifications shal-l specify the class and type of material and equiptnent to be used, manner of excavation, construction, installation, back fill, erection of temporary structures, erection of permanent structures, traffic controt, traffic turnouts anci road obstructions, etc. Upon completion of such construction, a set of "As Built Plans" shall be filed with the County Engineer. ► ~ , . . 86 0435 No.such construction shall be commenced without 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 such work shall be done subject to the approval of and shall pass the inspection of the County Engineer. . IV. In any wark which requires breaking of surface of the County roads, rights of way, or other County property subject to this franc.hise for the purpose of laying, relaying, con- necting, disconnecting and repairing the said system, and making connections between the same to structures and buildings of consumers or making connections to other facilities of the grantee now in exisCence 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 artd care of such County roads, rights of way and other County_property;.and . the grantee at its own expense and with all convenient speed shall complete the work for which the surf ace has been broken and forthwith replace the work and make good the County road, right of way, or County property and leave same in as.good condition as before the work commenced; pT-ovided, 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 excavation may be necessary for protection of private or public property the same shall be reported to the County Sheriffa Plans for the restoration of 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 County Commissioners upon notice to the grantee may aL any time 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 and/or property, and the grantee upon demarid shall pay to the County all costs of such work. V. All lines and facilities constructed, operated and maintained across County roads, rights of way or other County property as covered by this franchise shall be constructed, operated and maintained in compliance with ttie Standards of the American Public Works Association. 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 County roads, rights of way or other County property. All utilities, public or private, actually installed in such County roads, rights of way or other County property prior in time to the installation 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 relocation 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 workmanlike 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 County property, the grantee sha11 leave the trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautzons to guard the same so that damage or injury shall not occur or arise by reason of such work; and where any of such Crenches, ditches or tunnels are left open at night, the grantee shall place warning lights and barricades at such a position as to give adequate warning 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 obstructions 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 ttie County of any powers, rights or privil- eges which it now has or may hereafter acquite to regulate the use of and to control the County roads, rights of way or other County property covered by this franchise. (2) ~ ~G ` 0430 . ' , . vizz. . • r , 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 the same, changes of grade, altering, changing, repairing or relocating the same or by constructing drainage facilities, the grantee upon written notice from the County Engineer shall, at its sole expense, with all convenient.speed change the location or readjust the elevation of its system and other facilities so that the same shall not interfere with such County work and so that such Iines 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, inspection and approval of such worko. . At such time as the roadways covered by this franchise are sc_heduled to be paved, the grantee upon notice f rom the County Engineer, shall within twenty (20) days, install ser- vices to the property line of all lots or properties abutting the roadway to be paved, and extend the lines as necessary and practicable to avoid future pavement cutting. IX. The laying, construction, operation and maintenance of.the grantee's system authorized 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 facilities of the grantee, providing that the grantee shall be given-not less than fifteen (15) days notice of said blasting or other work in order that the grantee may pro- tect its lines and facilities; provided further, that in the event oF an emergency as deter- mined by the Coijnry Engineer, the grantee shall be given forty-eight (48) hours notice. X. Before any wark is performed under this franchise which may affect any existing.monu- ments or markers of any nature relating to subdivision, plats, roads, and all other surveys, the grantee shall. reFerence all such monuments and markers. The reference points shall be so iocated that they will not be disturbed during the grantee's operations under this f ran- chise. The method of referencing these monuments or other points to be referenced shail be approved by the (:ounty Engineer. The replacement of all such monuments or markers disturbed during cunstrucCi_on shall be made as expeditiously as the conditions permit, and as directed by the County Engineer. The cost of monwnents or ottier markers lost, destroyed or dis- turUed, and the expense of replacement of approved monuments shall be borne by the grantee. ~ The grantee shal]_ file a complete set of reference notes to nomuments and other marker ties which have been re-established or disturbed. XIo If, at any time, the County 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 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 writteri notice to the grantee, terminate this franchise with reference to such County road, riglit oF way or other County property so vacated and the County shall not be liable for any diimage or loss to the grantee by reason of such termination; provided, how- ever, that iE the County can provide an alternate route across other County property, roads, or rights of way, the County shall do so within a reasonable time prior to such termination, it being understood and agreed that the grantee shall pay all costs of changing and re- routing its systeme ' XIIe 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 acts in connection with the c_onstruction, operation and ma.intenance of said system. In case ttiat suit or action is brought against the County for damages arising out of or by reason of the above-mentioned,causes, the grantee will upoii 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 County in (3) ~ 035 . r . ~ - • , such suit or action, the grantee will fully satisfy said judgment within nin.ety (90) days after said suit or action shall have finally.been determined by a trial cour,t, or appellate courc, or courts if appeal be taken, if determined adversely to the Countyo ' Upon grantee's failure.to satisfy said final judgment within the ninety (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 amount of an, 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 cer- tificates of authority to engage in business of insurance in this state as provided by Chapter 48.05 RCW. The amount of coverage shall be not less than one million dollars ($1,000,000) combined single limit. Spokane County shall be. speciFically named as addition- al insured by endorsement to the policy. XIII. This franchise shall not be deemed to be an exclusive franchise. It shall in no manne- prohibit the County f rom granting other franchises of a like nature or franchises for other public or private utilities under, along, across, over and upon any of the Counry roads, rights of way or other County property subject to this franchise and shall in no ways pre- vent or prohibit the County from constructing, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facil- ities, or any other County property or affect its jurisdiction over them with fu11 power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. . XIV. All provisions, conditions, regulations and requirements herein contained shall be binding upon the succesors and assigns of the graritee, and all privileges as well as all obligations and liabilities of the grantee shall insure to its successors, and assigns ~ equally as if they were specifically mentioned wherever the grantee is mentioned. la• b ' The granCee, its successors and assigns shall have the right to sell, transfer or assign this franchise upon giving written notice to do so sixty (60) days in advance of the date of. any proposed transfer to the Board of County Commissioners. . XV I . ~ It is understood that, in the event any of the County roads or rights of way as desig- nated in this f ranchise which, by reason of the subsequent incorporation of any city or town, or extension of the limits, then the control of the County with respect to this fran- chise shall be.at an end and shall Cerminate as to such roads and rights of way so included within such city or town limits. XVII. This franchise shall supercede and cancel any previous right or claim of grantee to occupy the County roads as herein describede XVIII. For and in consideration of Che rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privileges granted. The Board of Commission- ers of Spokane Couiity agrees to provide thirty (30) days written notice prfor to the imposi- tion of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessmeiit rate and paynaent schedule may be based on factors determined by the Board.of Commissioners of Spokane County and may include gross revenues derived from monthly service charges paid by subscribers located wiChin Spokane County and may include revenues received as installation charges and fees for reconnections, inspections, repairs or modifi- cations oF any insta.tlation in the areas served by this f ranchise. Or, the fee may be based upon other criteria such as length of facilities in road or number of services. (4) . xA 86 0435 . . t Grantee :igrees to and shall provide available f:tnancial information to the Boar,d of County Commissioizers of Spokane County in determining the basis f or a fee schedule or the amount tu be assessed. Grantee agrees and shall during regular business hours and at its office located in Spokane County, Washington, allow agents of Spokane County access f or inspection and reproduction of all of grantee's business records, gross revenue reports, or rules and regulat:ions relevant to a determination of the gross revenues received by grantee from the areas s+arved by the facilities permitted by Chis franchise if the fee schedule is to be based, or is based, on gross revenues. Acceptanr_e of any payment due under this section shall not be deemed to be a waiver of any breac.h of thts franchise occurring thereto, nor sha11 the acceptance by Spokane County of-any such payments preclude.Spokane County from later establishing that a greater amount was actually due, or from collecting any balance due. XIX. If the grantee shall willfully violate or fail to comply with any of the provisions of this franc.hise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given the grantee under the provisions of this grant, then the said grantee shall forfeit all riglits conferred hereunder and this franchise may be revoked or annulled by the.Board of County Commissioners; provided, however, that the Board of County Commis.3ioners shall give thirty (30) days written notice of its intention to re- voke or annul the franchise during which period the grantee shall have the opportunity to remedy the situation. XX. The granting of this franchise is not to be construed as a grant of any legal authority to the City to require as a condition o.E receiving services from the system installed in the County roads, rights of way, or other County property the execution of an agreement by a property owner not to object to their property being annexed into the City. XXI. . The full acceptance of this franchise and all of its terms and conditions within thirty (30) days f rom May 27, 1986, by VERA WATER AND POWER, Spokane, Washington, in writing, is to be filed with the Clerk of the Board of.County Commissioners of Spokane County and shall be a condition precedent to its taking effect, and unless the f ranchise is accepted within such time, this grant shall be null and voide . DATED at SPOKANE, WASHINGTON, this 27th day ay, 1 e` ~ 10040 ATTEST: ,Will am E. Donahu ~ g . C rk of the Bo BY B ard of County ommissioners of De r. ~ pokane CounCy, Washington r T ounty Engineer . The grantee, VERA WATER AND POWER, a corporation, hereinbefore referred to, for itself, and.for its successors and assigns, does accept all of t'he terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, it has caused these presents to be signed by ,;,-✓~,U/L , Y this i day of 1986. '47 Subscribed and sworn to before'me this day of 1986. . . . . ~ V . ~ • . Notary =:$u~.1.4ic~ip~~ and for the State of Washington, residing at Spokane, Washington. . Cs)