Resolution/Utility Franchise - EXPIRED
•
, , . NO. ()096
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING )
FRANCHISE N0. 7104 WITH THE ) R E S 0 L U T I 0 N
STATE OF WASHINGTON, DEPART- )
MENT OF TRANSPORTATION CON- )
CERNING THE PINES ROAD ULID )
• WHEREAS, pursuant to the provisions of the Revised
Code of Washington Section 36.320120(6), the Board of County
Commissioners of Spokane County has the care of County pro-
perty and the management of County funds and business; and
WHEREAS, pursuant to the provisions of RCW.Chapter
36.94, Utility Local Improvement Districts may be initiated
by either the petition or the resolution method; and
WHEREAS, the Washington State Department of
Transportation has advised Spokane County that they intend
to complete a road project known as the Pines Road Project
in 1985 and in conjunction therewith, if, Spokane County is
desirous of placing utilities within Pines Road, a.state
highway, that it is necessary to execute a franchise
agreement with the Washington Department of Transportation;
and
WHEREAS, William R. Dobratz, Spokane County
Utilities Director, has recommended to the Board of County
Commissioners of Spokane County that it is in the best
interest of the County to execute Franchise No. 7104 with
the Washington State Department of Transportation, pursuant
to which the Washington State Department of Transportation
will give Spokane County the right, if necessary, to
construct, operate and maintain a sanitary.sewer line upon a
portion of SR 27 in Spokane County;
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Spokane County that either the
Chairman of the Board of County Commissioners of Spokane County or a majority of the Board be and is hereby
authorized to execute that document entitled "Utility
Franchise,'° No. 7104, pursuant to which under certain terms
and conditions the State of Washington Department of
Transportation will allow Spokane County if riecessary the
right to construct, operate and maintain a sanitary sewer
line upon aportion of SR 27 (Pines Road) in S okane County.
PASSED and ADOPTED this 29 day of ,
1985.
. BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNT , WA HINGTON
ATTESTe
WILLIAM E.. DO HUE ~
Clerk oFfth Board , `,r""'~~•~,,
, .
. --.~--By : ~ . ,
Dep y Clerk r . ,
oogG t ~ .
~ . /4CCEPTANCE
Washington State OF
Department o4 Transportation FRAWCHISE
Attention: District Utilities Engineer
Gentlemen:
The undersigned acknowledges receipt of Franchise No. 7104 on
SR 27 granted January 17, 1985 by, or on behalf of, the Washington State
Department of Transportation; and the undersigned accepts the same, subject to the terms and
conditions of the .franchise.
Dated at , Washington this day of 198 .
UTILITY
a
. ~
By:
~e.
PlOTE: Please type or print (below the signatures) the names of the parties signing this
acceptance, together with their official title.
. If signed by a corporation, this acceptance should be signed by its president and
secretary and corporate seal affixed. If by partnership, all parties should sign.
RECEIPT OF ACCEPTANCE
Date:
By: District Utilities Engineer
DOT Form 274 050
FiFVised 5 tl:i UX A t?9
, . . , ~ . 85,0096
cs 3232 sR 27
VYashingtoee Stats UTILITY FRANCHISE
Department of Transportatlon
F RANCH ISE NO. 71 44 D ISTR ICT [V0. Si x
Name and Address of Applicant: Spokane County
- North 811 .lefferson
Spokane, WA 99260
The Applicant, hereinafter referred to as rhe "Utility"; having applied for-a franchise to construct, operate and
maintain buried sanitary sewer lines
on a portion of State Route Na. 27 in Spokane County, Washington,
the Washingron State Departmenr of Transportation or its designee, hereinafter referred to as the "Department";
hereby orders that this franchise be granted for a period to expire im142OIO subject
to the terms and provisions stated upon the reverse hereof and Exhibits attached hereto and by this reference made
9 part hereof:
Exhibit "A". Special Provisions for Permits and Franchises, Pages 1,. 2 and 3.
Exhibit "B". Description, Pages I and 2.
Exhibit "C". Spokane Va{ley Sanitary Sewer Ptans, Pages I through 8.
Exhibit "D". Open Cut Detail, Page 1.
DEPARTMENT O TRANS (JR TIQN
~
gy:
Title: PROJECT DEyEtOPMENT ENGINEEkl
D~T FoRM 224-003 Date: REVISED 6J83
. 85 oooqG •
. , ,
.
GEl18ERAL PROVISIONS
1. This franchise is subject to Chapter 47.44 RCW and Chapter 468-34 WAC and amendments thereto.
2. Whenever necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said high-
way as determined by the Department, or in the event that the lands upon which said highway is presently located shall
become a new highway or part of a limited access highway, or if the Department shall determine that the removal of any
or all facilities from the said lands is necessary, incidental, or convenient to the construction, repair, improvement, altera-
tion or relocation of any public road or street, this franchise may be cancelled (in whole or in part) upon notice by the
Department, and any or all of such facilities shall be relocated or removed from said highway as may be required by the
Department. 3. Upon failure, neglect or refusal of the Utility to immediately do and perform any change, removal, relaying or retocating
of any facilities, or any repairs or reconstruction of said highway herein required of the Utility, the Department may
undertake and perform. such requirement and_ the cost and expense thereof shall be immediately repaid to the Depart-
ment by the Utility.
4. The Utility, its successors and assigns, agrees to protect the State of Washington and save it harmless from all claims,
actions or damages of every kind and description which may accrue to or be suffered by any person, persons, or property
by reason of the performance of any such work, character of materials used or manner of installation,'maintenance and
operation, or by the occupancy of right of way by the Utility; in case •any suit or action is brought against the Depart-
ment for damages arising out of or by reason of any of the above causes, the petitioner, its successors or assigns will, upon
notice of commencement of such action, defend the same at its sole cost and expense and satisfy any judgment arising
therefrom if determined adverse to the State of Washington, .
5. Any breach of any of the conditions and requirements herein made, or,failure on the part of the Utility of this franchise to
proceed with due diligence and in good faith after its acoeptance, with construction work hereunder, shall subject this
franchise to cancellation after a hearing before the Department, of which said hearing the Utility shall be given at least ten
days written notice, if at that time the Utility is a resident or is doing business in the State of Washington; othervvise, by
publishing a notice of said hearing once a week for two consecutive weeks in a newspaper of general circulation in Thurs-
ton County, Washington, the last publication to be at least ten days before the date fixed for said hearing.
6. Whenever it is deemed necessary for the benefit and safety of the traveling public, the Department hereby reserves the
right to.attach and main-tain upon any facility by the Utility under this franchise any required traffic control devices, such
as traffic signals, lurninaires and overhead suspended signs, when the use of such devices or attachments does not interfere
with the use for which the facility was constructed. The Department shall bear the cost of attachment and maintenance of
such traffic control devices, including the reasonable cost of any extra construction beyond normal; such extra cost to be
determined jointly by the Department and the Utility of this franchise. It is not to be construed that the Department is to
share in the normal cost of installation, operation or maintenance of any of the facilities installed under this franchise.
7. No assignment or transfer of this franchise in any manner whatsoever shall be valid nor vest any rights hereby granted untit
the Department consents thereto and the assignee accepts all terms of this franchise. Attempting to assign this franchise
without Department consent shall be cause for canceilation as herein provided.
8. . The Utility shall within twenty days from receipt of a copy of this order, file with the Department at Olympia its written
acceptance.of the terms and conditions of this franchise.
9. If the Utility enters into a contract or agreement with a contractor to perform the work provided herein to be performed
by the Utility, the Utility for itself, its assigns and its successors in interest, agrees that it will noi discriminate on the
basis of race, color, sex, or national origin in its choice of contractors and will include all of the nondiscrimination pro-
visions set forth in Appendix "A" from Title VI of the Civil Rights Act of 1964 and Section 162(a) of the Federal Aid
Act of 1973 (23 U.S.C. 324), and as said Regulations may be amended. Breach of any of the above nondiscrimination
covenants shall be cause for cancellation as herein provided. 10. The Utility pledges that performance of routine cutting and trimming work will be accomplished in such a manner that the
roadside appearance will not be disfigured. When major work is involved, or damage to roadside appearance. may become
significant, the holder shall secure the approval of the Department in advance of the work.
224-003
DOT FORM 4
SEDS/6geACK
`
. . ~~IZIb -
. ;
. , ,
waghansto~ State S P E C IAL PR01/ I S I ONS
FQ R
~ Dspar4eaesn4 of Trsnspartation
PERMITS AtVD FRAIVCHISES
Nb+Mr4/Franchise No. 7104
Applicable provisfons are denoted by (X)
' .
60 1. No work provided for herein shall be performed until the Utility is granted authorization by the Department's representative:
. Name: Gordon D. Olson, P.E. Title: District Utilities Engineer
Address: P.O. Box 5299, North Central Station, Spokane, WA 99205
Telephone No.: (509) 456-3085 -
~ 2. Prior to the beginning of construction, a preconstruction conference shall be held at which the Department and the Utility and his engineer,
contractor, and inspector shall be present.
~ 3. Should the Utility choose to perform the work outlined herein with other than its own forces, a representative of the Utility shall be present
at all times while the construction is in progress unless otherwise agreed to by .the Department, All contact between the Department and
the Utility's contractor shall be through the representative of the Utility. Where the Utility chooses to perform the work with its own
forces, it may elect to appoint one of its employees engaged in the construction as its representative. Failure to comply with this provision
shall be grounds for restricting any further work by the Utility w+thin the right-of-way, until said requirement is met.
~ 4. A copy of the permit or franchise must be on the job site, and protected from the elements, at all times during eny of the constnuction
authorized by said permit or franchise within the Department's right-of-way,
~ 5. The Utility agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the Department's con-
tractor in the performance of his contract. The Department ° s contract is on SR 27 from Second
Avenue to I-90.
~ 6. The Utility agrees that when placing its facility within any portions of the roadbed, the trench. shall be backfilled in horizontal layers not
to exceed 6 inches in loose thickness, except that the layers of the top 2 feet frorn profile grade shall not exceed 4 inches in loose thickness.
Each layer of the entire backfill shall be compacted to not less than 95 percent of the maximum density as determined by compaction
control tests. The matsture content of the backfill material at the time of compaction shall be as specified by the Department. In no case
will "water settling" be allowed.
~ 7. Work shall be restricted to tbe-hnIygP,en daylight hours and no work shall be allowed on the
, right-of-way Saturdays, Sundays or Holidays unless otherwise authorized by the Department.
~ 8. In the event any milepost, right-of-way marker, fence or guard rail is tocated within fhe limits of this project and will be disturbed during
construction, these items will be carefully removed prior to construction and reset or replaced at the conclusion of construction to the
' satisfaction of the Department. All signs and traffic control devices must be maintained in operation during construction.
❑ 9. Prior to construction, the Utility shall contact the Department's representative (listed under Special Provision Number 1) to ascertain the
location of survey control monuments within the project Iimits. (n the event any monuments will be altered, damaged or destroyed by the
project, appropriate action will be taken by the Department, prior to construction, to reference or reset the monuments. Any monuments
altered, damaged or destroyed by the Utility's operation will be reset or replaced, by the Department at the sole expense of the Utility.
~ 10. If determined necessary by the Department, any or all of the excavated material sliall be removed and replaced with suitable material as
specified by the Department.
~ 11. Wherever deemed necessary by the Department of Labor and Industries and/or the Department of Transportation, for the safety of the
workers and the protection of the highway pavement, the sides of the trench (or excavation) shall be adequately supported to reduce the
hazard to workers and prevent any damage by cracks, settlement, etc, to the pavement. No other work in the irench or excavation area
will be allowed until this requirement is met.
~ 12. Trenches shall be beckfilled as soon as possible behind the laying of pipe or cable. No open trenches shall be left overnight. This includes
boring or jacking pits which shall be covered with lumber or other material of sufficient strength to withstand the load of highway traffic
if the pit is not to be backfilled with material each night.
❑ 13. All crossings of road intersections surfaced with oil, asphalt concrete pavement or cement concrete pavement shall be accomptished by
jacking, boring, or augering the cable or pipe under the roadway.
E3 14. The cable or pipe shall be placed within a suitable encasement as specified on.the attached exhibits. Said encasement pipe shall be,jacked, bored, or augered through the highway grade with a minimum depth of 5 feet from top of cas,ing to finished road grade and a minimum of
3% ieet of depth irom bottom of ditch to top oi casing, DOT FORM 224-030 Page 1 EXHIBI 1 "A
ff rar~i~.-r• n . ra't
• V119G - • • .
. • + '
, . ~ ~ •
❑ 15. The shoulders, where disturbed shall be surfaced with crushed surfacing top course inehes minimum compacted
depth, or as directed by the District Administrator. The surface of the finished shoulder shell slope down from the edge of pavement at the
rete of 54 inch per foot unless othervvise directed. The restored shoulder must not have any strips or sections less than 2 feet wide. The re-
stored shoulder shall be surfaced with .
~ 16. All slopes, slope treatment, top soil, ditches, pipes, etc., disturbed by this operation shall be restored to their original cross section and condi-
tion. All open trenches shall be marked by warning signs, barricades, lights and if necessary, flagmen shatl be employed for the purpose of
protecting the traveiing public. Roadside operations shall be specified by the District Administrator.
FLI 17. In the construction and/or maintenance of this facility, the Utility shall comply with the Manual on Uniform Traffic Control Devices for
Streets and Highways. !f determined necessary by the State, the Utility shall submit a signing and traffic control plan to the State's repre-
sentative for approval prior to construction or maintenance operations.
❑ 18. No routine maintenance of this facility will be allowed within the limited access area,
❑ 19. Routine maintenance of this facility will not be permitted from the through traffic roadways or ramps of SR and alt service to this
facllity will be by access irom ,
❑ 20, Where applicable, markers shall be placed at each right-of-way line for all crossings and placed every 500 feet for longitudinal lines to include:
company name, pipeline or cable ideniification, telephone number for contact, and the distance from the marker to the line in feet. Markers
shall be placed so as to minimize interference with maintenance operations. Markers shall also be placed at all changes in offset distance from
right-0f-way line or centerline of highway,
21. In the event that construction and maintenance of the highway facility within the proximity of the utilitV installation becomes necessary
during the period which the Utility will occupy a portion of the right-of-way, it is expressly understood that, upon request from the State's
representative, the Utility will promptly identify and locate by suitable field markings any and all of their underground facilities so that the
State or its contractor can be fully apprised at all times of its precise location.
~ 22. The Uttlity shall notlfy the Depa►tment's representative upon completion of the work under this permlt or franchise so that a flnal Inspectlon
can be made and shall immediately fuvnlsh to the Dlstrict Utllltles Engineer a revlsed tranchise or permit ptan of the tinal tocation or reloca-
tion of Its.facilitles if the orlglnal iranch(se or permlt plans have been revised during the course ot tonstruction.
❑ 23. Bond coverage required to ensure proper compliance with all terms and conditions of said permit or franchise will be furnished by a Blanket
Surety Bond held at Headquarters in Olympia.
❑ 24. A surety bond in the amount of $ , written by a surety company authorized to do business in
tFie State of Washington, shall be furnished to the Department; prior to the start of construction, to ensure compliance with any and all of the
terms and conditions of this permit or franchise, and shall remain in force for a period ending year(s) after date of completion of
construction.
❑ 25. The Ut+lity agrees to bury the aerial lines covered by this franchise in Scenic Classes "A" and "B", as defined on attached Exhibit ,
either at the time of major reconstruction of the line, for that portion of line to be reconstructed, or prior to expiration of this franchise.
❑ 26. The Utility agrees to bury the aerial lines covered by this franchise in Scenic Classes "A", "AX", "B" and/or "BX", as defined on atiached
Exhibit , at the time the pole owner buries its facility.
❑ 27. The Utility agrees to bury or relocate aerially the existing overhead lines in Scenic Classes "AX" and "8X", as defined on attached Exhibit
to a location acceptable to the Departmeni either at the time of major reconstruction of the line, for the portion of line to be
reconstructed, or prior to the expiration of this franchise. The existing aerial lines may remain in their present location if acceptable to the
Department.
~ 28. The Utility agrees to be responsible for any. construction deficiencies as a result of the roadway installation farappzi,odof.2.VpaL&fz^^L
~3~ ~~t+oa+
~ 29. The Utility will be required to maintain oi±e_we1►fraf4~e~e~~g~~ectrsef+d two-way traffic at all o41►er times.
❑ 30. Construction of facilities proposed under this franchise shall begin no later than 2 years from date of issue. Any utility facilities described
herein, not completed within 3 years from d:ite of issue shall require an amendment to this franchise prior to their installation unless other-
wise authorized by the Department.
.
.....r~.,.... . • r-v~i~r~~v ~'A
0~7p,8 O/ ~i on m
, . ' • • •
i
SPECIAL PROVISIONS FOR
PERMITS AND FRANCHISES
FRANCHISE N0. 7104
L^j 31. In lieu of a surety bond to ensure compliance with.the terms and
conditions of the franchise, the County agrees that the State
may effect reimbursement of the amount necessary to restore the
highway from the monthly fuel tax allotments which the County
is normally entitled to receive from the Motor Vehicle Fund, and
in accordance with RCW 47.08.090.
~ 32. If.the Utility causes a delay to the Department's.contractor which
results in any monetary damages, those monetary damages shall
be the sole responsibility of the Utility. .
EXHIBIT "A"
Page 3
►
• . Oa~ ~~)a7~
• . , .
FR.ANCHISE N0. 7104
DESCRIPTION
Beginning on the right side of SR 27 at approximate MP 85.31 located in
the Northwest quarter of the Northwest quarter of Section 22, Township
25 N., Range 44.East W.M.; thence northerly along the right side of SR
27 Co approximate MP 85.36 located in the Northwest quarter of the North-
west quarter of Section 22, Township 25 N., Range 44 East W.M. Beginning
again on the left side of SR 27 at approximate MP 85.57 located in the
Southeast quarter of the Southeast quarter of Section 16, Township 25 N.,
Range 44 East W.M.; thence northerly along the left side of SR 27 to ap-
proximate MP 85.82 located in the Southeast quarter of the Northeast
quarter of Section 16, Township 25 N., Range 44 East W.M. Beginning
again on the right side_,of SR 27 at approximate MP 85.63 located in the
Southwest quarter of the Southwest quarter of Section 15, Township 25 N.,
Range 44 East W.M.; thence northerly along the right side of SR 27 to ap-
proximate MP 85.74 located in the.Northwest quarter of the Southwest
quarter of Section 15, Township 25 N., Range 44 East_W.M. Beginning again
on the left side of SR 27 at approximate MP 86.06 located in the Southeast
quarter of the Northwest quarter of Section 16, Township 25 N., Range 44
East W.M.; thence northerly along the left side of SR 27 to approximate
MP 86.46 located in the Southeast quarter of the Southeast quarter of
Section 9, Township 25 N., Range 44 East W.M. Beginning again on the
right side of SR 27 at approximate MP 86.13 located in the Southwest quar-
ter of the Northwest quarter of Section 15, Township 25 N., Range 44 East
W.M.; thence riortherly along the.right side of SR 27 to approximate MP
86.24 located in the Northwest quarter of the Northwest quarter of Section
15, Township 25 N., Range 44 East W.M. Beginning again on the right side
of SR 27 at approximate MP 86.33 located in the Northwest quarter of the
Northwest quarter of Section 15, Township 25 N., Range 44 East W.M.; thence northerly along the right side of SR 27 to approximate MP 86.38 located in
the Norttiwest quarter of the Northwest quarter of Section 15, Township 25
N.,.Range 44 East W.M. ,
Also crossing SR 27 at the following locations:
MP 85.31 MP 85.77 MP 86.19
MP 85.57 MP 85.94 MP 86.46
Also stubbed out on the right side of SR 27 at the following locations:
MP 85.32. MP 85.65 MP 85.74 MP 86.24
MP 85.33 rT 85.67 rT 86.13 rT 86.33
MP 85.36 MP 85.70 MP 86.16 MP 86.36
MP 85.63 MP 85.72 MP 86.19 MP 86.38
rP 85.64 rP 85.73 rT 86.23
Exhibit "B" .
Page 1
• 85 0096
, . • . . .
'
FR.ANCHISE N0. 7104 (CONT.)
Also stubbed out on the left side of SR 27 at the fo.llowing locations:
MP 85.31 MP 85.73 MP 86.14 MP 86.29
MP 85.57 MP 85.757 MP 86.17 MP 86.30
MP 85.608 MP 85.764 MP 86.172 MP 86.33
MP 85.611 MP 85.80 MP 86.19 MP 86.36
MP 85.65 MP 85.82 MP 86.22 MP 86.41
MP 85.67 MP 86.06 MP 86.24 MP 86.44
MP 85.69 MP 86.11 MP 86.25
Exhibit "B" .
Page 2
• s +
* OPCN CIIT ilCTJ11L • i .p •
•(TyFical)
# SURFACING eV1ATERtA1. (A, B, or C)
..A. PORTLAND CEMENT CONCRET'G (PCC) Pavement will be installed
0.6 fooY minimum compacted depth or match the existing pavemen4
depth, whiehever is greater.
B. /ISPt-lfil.T CONCRETE PAdEMENT (f1CP), Class E3 will be installed 0.3
foot minimum eompacted depth or match the existing pavement depth,
whichever is greater.
C. BITUMINOUS SURFACE TREpITMENTS and similar will be replaced
with 0.3 foot minimum compacted depth of ACP Class B.
Crushed Surfacing.Top Course
0.6 foot minimum compacted
depth oc match the existing
rock surfacing depth, which-
ever is greater. .
Saw Cut PCC '
& ACP Pavemenis 2.01
42" tiRinimum -
(also min. depth
below bottom of ditch) . 0 . 3•01. ~ .
Max.
~ ;
Casing Pipe,
Czrrier Pipe or Cable
Gravel Backfilt ~ n
foc bedding L-~
REFCRENCE tvSDOT STANDARD SPECIFICAT1oNS:
l. Plicing the utility facility as per Scction 7-02.3(1).
2. E3,icl:iilling as per Section 7-02.3(3).
. Nzck-fill matcrial placed in 0.5' loosc laycrs and cornpactcd to 95
perccnt rnaximum dcnsity.
4 Mcthod C compaction as pcr Scction 2-03.36 10C.
(5 13cdding mztcriat optional, but titility rntist bc pfaccd on uniforrnly
dcnse unyicfding b.3sc.
Exhibit "D"
Franchise No. 7104 . P.age 1