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Franchise No. 87-1146 (Amending franchise No. 86-0736) - EXPIRED ~ • , ~ f. 712040;Z.91 : ~ , . . . y-.: • : o,-;~~ 7 i: . . • . . - . ;i / _ _ . ~~~..._.T••~. ~ . C i~~r Q ~Z r;; ~ 1 I rj A4- '0 tj ° W3 y. ~ , • ~ ~i' . . • BEFORE THE BOt%RD Or COLT ~'Y COMI:IS:SIONERS OF - SPOKANE COUNTY, WASHINGTON In the Matter of the application of ) WASHINGTON WATER POWER COMPAI`'Y for a ) 8r~ 114G franchise to.construct, operate and ) F R A N C H I S E . r maintain a natural gas distribution ) system in, over, along and under ) Amending Franchise No. 86-0736 County Roads, highways and other ) County property in Spokane County, ) Washington ) Application of WASHINGTON WATER POWER COMPANY, doing business- in Washington, at Spokane, for a franchise to construct, operate and maintain a natural gas distribution system in, over along and under County Roads, highways and other County property in Spokane County, Washington, as hereinafter set forth, having come on regularly for hearing before the County Commissioners of Spoka ~ County, Washington, on the 'Ul day of . 1987, at the. hour ofa o'clock A.m., under the provisions of Chapter 187, State Sessions Laws of 1937, and it 'appearing to the Board that notice of said hezr 4n' has beez G~111~T ,-~ven a:s 1 F.qt11:-ed by 18W , and t21'.it 1 t l£ li: i:iE p'1~'J .LIC ' interest to grant the franchise herein granted; NOW THEREFORE: IT IS OR.DERED, that a franchise be and the same is hereby given and granted to WASHINGTON WATER POk'ER COMPANY, 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 natural gas distribution system in, under, along and over the following described public County roads and County property in Spokane County, Washington, to-wit: All those public County roads and County property herein listed as follows: 1 87 1146 Crossing Starr Road in Section 35 & 36, T26N R45 EWM; Along Dalke Ave. in Section 35,- T26N R45 EWM; Crossing Ma.lvern Road in Section 35, T26N R45 EWM; Crossing Ormand Road in Section 35, T26N R45 EWM; Crossing McKenzie Road in Seetion 35, T26N R45 EWM; Along Gilbert Road in Sections 33 & 34, T26N R45 EWM; Crossing Harvard Road in Sections 33 & 34, T26N R45 EWM; Along Campbell Road in Sections 32 & 33, T26N R45 EWM; A-long Wellesley Ave. in Sections S& 6, T25N R45 EWM and Section 32, T26N R45 EWM; . Crossing Barker Road in Sections S& 6, T25N R45 EWM Crossing Flora Road in Sections 1, T25N R44 EWM and Section 6, T25N R45 EWM Crossing Sullivan Road in Sections 1& 2, T25N R44 EWM This franchise is granted upon the following express terms and conditions, to-wit: . . . . I . . . WASHINGTON WATEF POWER COMPANY, its successors and assigns (hereinaf ter 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 fpr • . the purpose of constructing and installing its natural gas distribution system . (including a high-pressure distribution lateral conr_ecting with the Pacific Gas Transmission pipeline) and all necessary facilities connected therewith (hereinafter referred to as the "system") and for repairing, operating, ~ maintaiaing, 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 of any incorporated town shall comply with all applicable federal, state, or local laws, ordinances and regulations, including applicable permitting requirements pertaining to street obstruction, and, where required, shall be subject to the approval of and pass the inspection of the County Engineer. III. In any work which requires breaking of the 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 struetures and buildings of consumers or making connections to other facilities of the grantee now in existence or- hereafter. cons-t.ructed., 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, 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 surface 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 J commenced. The Caunty upon notice to the grantee may at any time order or 2 87 have done any and all wnrk 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 demand shall pay to the County all costs of such work. IV. All construction or installation of 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 th-e 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. V. All work done under this franchise shall be done in a thorough and work- manlike 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 shall 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 precautions to guard the same so that da.mage or injury shall not occur or arise by reason of.such work; and where any of such trenches, ditches or tunnels are left open at night, the grantee shall place warnings lights and barricades at such a position as to give adequate warnings of such work. VI. 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. VII. -If, at any time, the County -shall improve or change any County ro-ad, right of way or other County property wherein grantee maintains facilities subject to this franchise by grading or regrading, planking or paving the same, changing the 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 3 • . . 87 1i4G . 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. VIII. 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 protect its lines and facilities; provided further, that in the event of an emergency as determined by the County Engineer, the grantee shall be given forty-eight (48) hours notice. IX. . Before any work is performed under this franchise which may affect any existing monuments ormarkers 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 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 County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions permit, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed or disturbed, and the expense of replacement of approved monuments shall be borne by the grantee. The grantee shall file a complete set of reference notes to monuments and other marker ties which have been re-established or disturbed. X. Whenever a County road covered by this franchise"or. any portion thereof is vacated, the County may include in the resolution authorizing the vacation a provision that the County retain an easement in respect to the vacated land for the construction, repair, and maintenance of the Grantee's facilities which at the time the resolution is adopted are authorized or are physically . located on a portion of the land being vacated; at such time, the County may authorize the Grantee to make continuing use of the County's easement for purposes set forth in 'this franchise. In consideration of the expenses incurred by Grantee in the placement of facilities in County roads. and rights-of-way subject to this franchise, any vacation of County roads is expressly conditioned upon the ability of Grantee to negotiate an easement acceptable to Grantee with the prospective fee-owners of such property to be vacated, sufficient to allow Grantee the continuing right to utilize space then occupied by Grantee. . 4 . - • ~7 J.14G . . . XI. - . . Grant'ee shall indemnify, defend and hold harmless Crantor against any and all liabilities for injury to or death of any person or any da.mage to any . property caused by Grantee its respective officers, agents, or employees, in the negligent construction, operation or maintenance of its facilities, or arising out of the negligent exercise of any right or privilege unde= the franchise. As between themselves, Grantor and Grantee shall remain fully liable ?or any injury, damage or loss caused to each by the negligent acts or omissions of each. XII. This franchise shall not be deemed to be an exclusive franchise. It shall in no manner 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 the County roads, rights of way or other County property subject to this franchise and shall i.n no way prevent or prohibit the County from constructing, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facilities, or any other County property or affect its jurisdiction over them with full power to make all necessary changes, relocations, repairs, mainte- nance, etc., the s ame as the County may deem f it . . XIII. All provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the grantee, and all privileges as well as all obligations and liabilities of the grantee shall inure to its successors and assigns equally as if they were specifically mentioned wherever the grantee is mentioned. XIV. The grantee, 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. It is understood that, in the event any of the County roads or rights of way as designated in this franchise are subsequently incorporated within any city or town, then the control of the County with respect to this franchise shall be at an end and this franchise shall terminate as to such roads and rights of -way -so--included -within--such- -city-or--town limits - XVI. This franchise shall supersede and cancel any previous right or claim of grantee to occupy the County roads as herein described. 5 ~ 87 1146 XVII. For and in consideration of the rights and privileges set forth herein, the grantee agrees that Spokane County, as may be authorized by law, has the right, during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privilege granted herein. Such fees shall be based upon reasonable costs for the administration of such franchise as well as reasonable costs for the use of County rights-of-way. The Board of County Commissioners of Spokane County agrees to provide not less than 30 days written notice prior to the imposition of such fees'in order to negotiate the actual fee to'be assessed and payments. scheduled. . . XVZII. Grantee shall have and maintain in force public liability and property damage irisurance, which insur'ance, liowever, may contain a self-insured retention in accordance with prudent risk management.practices. XIX. 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 comply 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, however, that the , Board of Countp Commissioners shall'give thirty (30) days written notice of - its intention to revoke or annul the franchise during which period the grantee shall have the opportunity to remedy the situation. . XX. The full acceptance of this franchise and all of its terms and conditions within thirty (30) days from Nov. 24 ,1987, by the WASHINGTON WATER POWER COMPANY, of Spokane, W'ashington, 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 franchise is accepted within such time, this grant shall be null and void. . DATED at SPOKANE, WASHINGTON, this o?ydday of 1UOGk~ 1987. s e ATTEST: '11iam-E. Donahue ~ - lerk of the rd - By eputy Clerk Board of County Commissioners of Spokane County, Washington ~ ~i•' , / ; A.~ _ . , ~ ~ • . a / • County Engineer 6 ' . , 87 li4G ' The grantee, WASHINGTON WATER POWER COMPANY, a corporation, hereinbefore referred to, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. ~ . Washington'Water Power Company , Vice President, Operations IN WITNESS WHEREOF, it has caused these presents to be signed by Rob D. Fukai this 2nd day of December ~ 1987. Signed and sworn to before me this 2nd day of December ~ 1987. eT PUBLIC in and r the State of Washington, residi in SPokan.e g . My Commission Expires i/a/9/ ' WWP45/10 7