Franchise No. 88-0548 - EXPIRED
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BEFORE THE DOARb 0F COUNTY COMMYSSYONERS OF
SPOKIINE COUNTX, WASHZNGTON
In the Matter of the application of )
WASHINGTON WATEn POWER COMPANY for a )
franchise to constzuct, operate and ) F RA N C H I S E
, maintsin a natural gas transmission
and distribution system in, over, ) Franchise No.88
, along and und@r Caunty Roads, highways
ancl rights-of-way in Spokane County, )
Washington )
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. Applicatiion of WASHINGTON WATER POWER COMPANY, doing business in
W3shington, at Spokane, for a franchisc to constzuct, operate and maintain a
nacural gas transmission and distribucion system in, over along ancl under
County roads, highWays and rights-of-way iu Spokane County, Washingtoit, as
. hezeinafter set forth, having come on regulaxly far hearing before the CounCy
Commissioners of Spokane County, Washington, on the 7th day of June ,
1988, under the provisions of Chapter 187, State Sessions Laws of 1937, and iC
appearing eo the Board that notice of said hearin$ has been duly givc:n as
required by 18w, and that it is in the public interest to grant the franch3.se
herein granted;
NOW THEREFURE:
IT IS ORDERED, that a franchise be and the same is hereby given and
sranted to WASNINGTON WATER POWER COMI'ANY, doing busi,ness in th@ State of
Washington, ite successors and assigns, hereinafter referred to as the
"Grantee", for a period of twenty five (25) years from and after the dece of
the entry of this order, to construct, operate and mainrain a natural gas
transmiss:lon and distribution system in, under, along and over the public
County roads, higllways and rigt►ts-of-way- in Spokane Coutlty, Washington, as
described in Exhl.bie A, which is attacherl t,ereto and incorpozated by reference
herein,
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7his franeliise is granLed upon th~ following express 2ezms ~zncJ
conc3itions, to-wit:
Y.
WASHINGTON WATLR POWEF COMPANY, its successors and assigns (l-iereinaiter
dc;s ignatcd es the "Grantee" ) s hal l have the right and avthoza. ty to enter ilpvn
the County roads, highways- acld righr.s-of-way as herein desc;ribed for the
purpose of consLructing and installing iLS ilaLUral gas txailsmission and dis-
triUutioil sysLem and all necessary facilitics connected therewii:h (hereinaftcr
referr.cd to as. the "syscem'") and for repairing, operat;ing, mIIZnzai.nia-ig,
zcmoving and replacing all or any portion of its Syst;em.
II.
, Al l constxuct ion And instal lat ion work wlierc cross ing ' County roads or
righ-Cs-of-way outside of tht corporate limits ot any incorporated town shall
comply with all RppJ.icable federal, stace, oz local ],aws, ordinances and
regulat;ions, including applicable permiLLing requi=emeilts pertaining to street
' abstruction, znd, where required, sha].1 be subject to the approval of and pass
the anspectioii of the County Tngineer.
III.
In any worlc which xequires breaking of the surface of the County roads
. and r,i.ghts-of-way subject to this fr8nchise for the purpose of J.a_ying,
releying, connecting, disconnecting and repairing the sazd system, and making
connecti.ons between the same to structuses and buildings of consumer5 or
making coniiections to other f,qcilities of the granzee now in existcnce oz-
hereafter constructed, the'grantee sha11 be govcrncd by and confor.m to the
general rules now existing or hereafter advptcd by the off icers charged with
the supervis ion and care of such County roads and rights -of -way a arid the
gxantee at its own expense and with a11 convenient speed shall complete the
, work for wl1ich the surface has been broken and forthwith replace the work aI1d
makc govd the Counzy road or right-of-way and leave same in as good condiza.on
as before the work commenced. The County upon not1CC to the gzantee may at
any tiine order or have done any and all work that it considers necessary to
restore Lo asafe condition any such County road or right-of-way left by the
grantee or its agents in a condicion dangerous to life and/or property, and
the firantee upon decnand shall pay to the County all costs of such work.
IV.
A1l construction or iristallazion of lines and facilities, service repair,
or relocatiori of the same, performed 31ong or under the L'ounty roads, highw ays
and ra.ghts-of-way sub j ect to thYS f rarichis e she J.1 be donc in such a manncr xs
not to inLerfere wztl-i the constr»ction and maintenance of other utilities,
public or pra.vate, drain, drainage diCcEies and structures, irrigat;ion ditclte;
and striictures located zherein, nor, wi.th the szading or impzovemc:nt of such
COllllty roacis, higl-iways and rigl,ts-af-way_ All util a.ties , pub].ic_ oz pr. a.vztE.,
acLually installed in such Counzy. roads, Iiighways and rigYi-ts -of -way' prior in
tirre to the i,nstallation of the lines ancl faciliLies of the gr.ant;ee shall liave
.prcference a,s to the positioning snci locaL•ion of such uti.la.ties so insta],ied
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wiCh respect to the grzntee. Such prefercnce shall continue in the eve.nt of
the necessity of reloention or cliangiiig the grade of any silch CounLy road or
right-of--way.
, V.
, A1l work done under tllis fzanchise shall be done in a thorough and work-
manlike maiinex. In the .13ying of lines and the construction of ocher
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tacilities and the opening of trenches, tYie tiunneling under County roads,
highways and rights--o£-way, the grantee shall leave the trenches, ditches and
tunnels in such a way as to i.nterfere as ].ittle as possible with public tiravcl
, and sha11 cake al,l due and neeesrary pxecaurions to guard the same so chnt
; damage or injury stiall not occur or arise by reason o1 such work.
, VI.
The County in grant,ing this franchise does not waive any right which it
; now has or may hereafter acquire with respect co County roads, higbways and
rights-od-way and this franchise shall noc be construed to deprive the County
of any powers, rights or privileges which it now has ox may hereafter acquire
to regulare the use'of and to coiztrol the County ro8ds and rights-of-way
coveXed by this fxartchise.
Vils .
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If, at any time, the County sha11 causc or requfre the improvement of any
~ County road, highway or right-of-way wherein grantee maintains facilities
subject to this franchise by grading or regrading, planking or pavin6 the
same, clianging zYie grade, a].tering, changing, repairing or relocating the same
oz by conseructing drainage or sanit3ry sewer facilities, the grenree upon
tariCten notice from the County Engineer shall, with all convenient speed,
change the lvcation or readjust the elevation of its system and oCher
facilitiES so tliat the same shall not interfere with sucb County work and so
that such lines and f aciliCies shall conf orm to such new grades or routes as
may be established, The relocation of grantee's facilities shal.l be at the
so].e expense of grantee where the improvernents or changes to the County road,
highraay or right-of-way benetit the public at large. Where the benefiC of
such improvements so].ely inures to adj zcent property owners or developerw, as
determined by the Coutity Engineer, the costs of relocation may be charged, by
grantee, to such owners or developers; accozdingly, the County shall not
authorize sny improvement or change until the ownPr or developer has agreed to
pay grantee for the costs of relocation. The County shal.l in no way be held
liable for any damages to sai.d grantee that mpy occur by reason of any of tl•ie
Countiy's i.mprovements, changes or works above enumerated, except for daa►age
caused by negligence of the County's employees or asents.
vzzi.
The ],aying, eonstruction, apezation and maintenance of the grantee's
system authorized by this franchise stiall not preclude the CounCy, its agents,
or its conttactors from blasting, grading, excavating, or doing other
ncccssary roadwork conciguous to the said lines and facilities of the Frantee,
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providing that tYie grantee shall be giveri iiot less than fi£LC:en (15) days
noti.ce of said blasting zn order that the grantee may pratect its 1 i,nes 111c]
facilitiFS; provided fur-clier, that in the event of an emergency as determined
hy the Cowity L-r►girieer, the grantee shall tie biveTi forty-cighti (48) houz:,
natice.
IY.
Before any work is perfqtmed under this franc}>j_se whi.ch may affect aaiy
existing monuments or markers of any naturc ra ],1t ing to suladivision, pl ats ,
, zoads, and all other surveys, the grancec shall refereizce a11 such monumenLs
and markers. The reference points shall be so located that they will iiot be
disturbed during the gxantee's operations Under r-his francliise. ThE method of
refarencing ZheGe monument$ ar other points zo be ref.prenced shall be approvecl
by the County Engineer. 'I'he zeplacement of all such monuments or marlcezs
disturbed during construction shall be made as expeditiously as the condition5
perrniL, and as directed bq the County Fngineer. Thc cost of montirnents ox
other markers 1ost, dEStroyed or disturbed, and the expensc of replscement of
approved molluments sllall be bornc by the grantee, TYie gxantee shdll file wii:h
the County Engineer a complece set of refer.ence notes to monuments and oeher
marker ti_es cohich have been re-established or diszurbed.
Y.
If, at any time, the County shall vacate any County road or right-of-way
which is subject to rightis granted by thi.s iranchise, and said vacation sha11
be for the purpose vf acquiring the fee or other property interest a.n said
road or right-of-way for the use of the County, either in its proprietary or
gover.nmental copacity, i:hen the noard of County Commissioners may at thci.r
option, and by giving t1lYrty (30) days writiten notice zo the grontee,
terminate this franchisp with reference to such County road or right-of-way so
vacated and the County shall not be liable for any damage or 105s to the
grantee by reason of such termination; provided, howevpr, that if the County
ca» provide ari altcrnate route across othar County property, roads or
' rights-of-way, the County shall do so within a reasonable time prior to sucre
terminat;ion, it beiilg understood and agreed that the granLee shall pay all
costs of changing and rerouting its systEm.
Zn other ca.rcumstances whexe the County vacates any County road or
right-of-way whach is subject to rights gr.snted bS• this franchise, the COtlllty
egrees, whorever possible, but without prejudice or expense to the Count;y or
to the public intarpst, to eondition said vecation upon the grsntee's abili,ty
to rcasonably negotaate an acceptable easement wztll the prospective fee owners
of the property to be vacated for the puxposes of this francliise. The County .
shull not he responsib7,e for costs of chariging and rerouting grantee's
raca.li.ties.
Whenever a County road covered by zhis franGha.se or any porri.on thereof
is vacated, -t}ie County may include in the zesolution autMoza.ring the vacac.ior.
a provision that the County retain an enspq1211t in respcct tU the vacatGd land
' for the constrticLion, zepair, arid mainteilance of the Grantee's facilities
which at the ta.me the TeSO1uLion i.s adopted are authorized or aro physically
1ocated on a por.tioxl of the ltind beiilg vacated; aL such time, the County may
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authorize che Grantee to make continuing use o.C the CouiiCy's easement foz
purposcs set forth in Chis franc}iise,
, XI.
Grantee agrees to defend, indemnify and hold tiarmless thc Couiity, its
appoitlted and elected officers and einployees, from any anci a11 liabilities,
c1,aims , causes of action, „losses, damages and expenses, including costs snd
reasonable attarnzys Lees, that the County may suscain, incur, becomc 1.iaUle
for, or be required to pay, as a consequence of or arising f rom the
coYtstruction, insLSllation, maintenance, coiidition or oPeration of Che
grzntee's equipment or facilities, or appuztenances l•.hereto, connectcd with
this franchise, that now or may heteafter be upon, unc3er, over, in, across or
slong, the highways, roads, alleys, bridges or other public ways or places of
the County; provided, however, thac this indemnification provision shal.l not
apply to the extent that said liabilities, claims, damages, Xosses, etc, were
causcd by or result from the neg],igence of the County,
xzz.
. This franch-lse sha7.1 not be deemed to be an exclusive f Yanchise. It
shall in no manner prohibit the County from granting other franch3.ses of a
like nature or franchises for other public or pxivate utilitics uncler, along,
across, ovcr and upon any of the County roads, tnighways and rights-oF-way
stib j ect to this franchise and sha1.1 in no way prevent or prohibit the County
. ' from constructing, altering, maintaining or using nny of said xoads, rights--
of-way, stzuctures or- facilities for drainage, irrigation, or sewage, or any
other County property or aff ect its jurisdiction over them with f.ull power to
make all necessary changea, relocations, repairs, maintcnance, etc., the samE
as the County may deem fit, .
XIII.
All provisions, conditions, tegulations and requirements herein contained
::h31l bc binding upan the successvrs and assigns of the grantee, and all
privileges as well as all obl.igations and liabilities of the grantee 9ha11
inure to its successors and assigns equa],ly as it they were speci£ically
menClonEd wherever the grantee is mentioned.
XIV.
The grantee, iCS successors and assigns, shall not sell, transfer or
assign this franchise writhout first securing the written permission af the
Board of County Commissioners For Spokanc County.
xV.
Whenever any of the County roads or rights-of--way designaeed in this
f ranchise by re3son of thc subsequent incorporation of any city or town, or
_ extension oF the ].imits of any city or town, shall fall wl.thin the ciLy or
. town 11miLs, then Chis tranchise shall terniinaee in respect tio said roads or
rights-of--way so includecl within said lirnits, s%x (6) months after such
- incozporation or exr-ension; but this franchise shall continue in farce and
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eff.ect as rc, a11 County roads or rigtirs-vf-way iiot so iticluded in city or town
limits.
XVY.
Any facxlitaes 1nd appurtc:nances in screees, alleys, and rights-of--way
incidental to the fzanchise system, tYiat have been, ox aYe at any future time
acquired, leased, or utilized in any marlniE~r by GrsiiCec are thezeupon to be
deemEd autbori2ed by and shall be subject to alx provisions of this Franchise.
xvzz.
This f ranehisc shall supersede and cancel any previous right or claim of
grantee to occupy Ctie County roads as herein described, with the exception of
Amending Franchise No. 86-0736, which was granted on the 24Ch day of November,
1987, whieh sha].l rema3n in full force and effect.
XVIII.
F'or and in consideration of the rights and privileges set forth herein,
the grantee agrees that Spolcane County, as may be authorized by law, has the
righr, during the term of this franchise, by ordinance or resolutiort, to
iinpose fees foi the rights and privzlege granted herein. Such fees shall be
based upon reasoriable costs for the administYation of such franchise es wcll
ti as reason3ble costs for the use of County roads or rights--of-way. Th,e Board
' of Gounty Cocnmissioilers of Spokane County agrees to provi.de not less than 30
- days written notice prior ro the.imposition of such fees in order to negotiate
the actual fec to be assessed and payments scheduJ.ed.
xzx.
Grantee shall have ar►d maintain in force public 1i,abiliCy and property
damage insurance, which insurance, however, may contain a sclf--insured
retention in accordanee with prudent risk management practices.
RX.
If the grantee shall willfully violate or fail to comply with any of the
provisions of this franchise through willful and unzeasonable neglect or
W111£ul and unreasonable failure to heed or comply vith any notice given the
grsntee under the provisions of this grant, then the eaid grantee shall
forfeit all rights conferred hereunder and this franchise may be Xevokecl or
annu].led by the Board ot County Commissioners prova.ded, however, that the
Board of County Commis,ioners shall give thirty (30) days written notice of
its intcntion to revoke or annual the francYtise during which period the
grantee sh~►11 have the oppoXtunity to remedy the si,tvation.
XXI.
The fu7.1 ucceptance of this fratlchise and a].1 of irs terms and conditiol,;
witha.n thirty (30) days from June 7 , 1988, by the WASHING'rON WATER
POWEK COMPANY, oF Spokane.. Washington, in wxiting, is to be filed with the
J Clerk of the Board of County Commissl.oners of Spokane CoutiCy and shall be a
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condicion Precedeut eo its caking effect, and unless the franchise ls acceptcci
within such time, this gxant shall be null and void.
DATED at SPOKANL, WASHINGTON, this 7th day of Junc , 1988.
AZ'TEST: William E. DonaFiue
.rk of Che Board ~
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By ,
puty C1ex-k r
/
~ounty ~ngineez _ Boar of ovnty Commj,ss aers of.
Spokane County, Washington
The grantee, WASHINGTON WATFR POWER COM1'ANY, a corporation, hereinbef orc
referred to, foz itse1F, and for its successors and assigns, does accept all
o-t the eei-ns and conditions of the f oregoing franchise.
Name: ROBERT D. FUKAI
Title: Vice President - Operations
TN WITNESS WHEREOF, it has caused these presents to be signed by
R. D. rukai thls .15 day ot Junp ~ 1988.
Signed and sworn to before me th3.s 15 day of ,7une , 1988, -
.ti
o C
NOT~IRY PU~LIC/ ~n ~nd for the State
of Washingcon, residing in SPaicane
My Commission Bxpires. 5 /Z7/92
WWP48/15
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1'r,711C:h1 Se No.65-0,5° cover , a11_ County roac9s, hi(ghway;; and riglits o.f way,
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