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HomeMy WebLinkAboutOrdinance 95-171-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 95 -170 -CC AN ORDINANCE GRANTING A FRANCHISE TO TELEPHONE UTILITIES OF WASHINGTON, INC., DBA PTI COMMUNICATIONS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE FACILITIES WITHIN THE COUNTY OF GRANT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF GRANT COUNTY, WASHINGTON: WHEREAS, Telephone Utilities of Washington, Inc., dba PTI Communications, a corporation organized under the laws of the State of Washington (hereinafter referred to as "Grantee" or "PTI Communications") , has heretofore filed with the Board of County Commissioners, (hereinafter referred to as "Grantor" or the "County") its written application for a franchise to locate, construct, operate and maintain such communications lines and all necessary or desirable appurtenances upon, in, over, along, and across all county rights of way and public property in the County of Grant, State of Washington; and WHEREAS, the County duly fixed the time and place for hearing said application and due and timely notice of said hearing on such application was given pursuant to statute and ordinance, and hearing on said application having been held as prescribed by law, and the County having been fully advised in the premises and having determined that it is in the public interest to grant such Franchise in the manner herein set forth, NOW, THEREFORE, IT IS ORDERED, that PTI Communications, its successors and assigns, is hereby granted a Franchise for the purposes identified below and subject to the following terms and conditions: 1. GRANT - Grantor hereby grants to Grantee, its successors and assigns, the right, power, privilege and authority to construct, or otherwise acquire, and to own, maintain, equip, and operate communications facilities, and all necessary or desirable appurtenances thereto, for the manufacture, purchase, transmission and distribution of communications facilities, irrcluding the right to construct, lay, maintain, operate, extend, renew, remove, replace, repair, use and operate a telephone distribution system, in, under, upon, over, across, and along roads, road rights of way, bridges and other structures, for the purpose of constructing and maintaining telephone facilities (with the right and privilege to make such connections with said telephone cables and appurtenances as will enable the Grantee to supply communications services) for any and all domestic, commercial, industrial purposes and other reasons and purposes within the County and to the County and its inhabitants, and persons, firms, associates, municipal corporations, and corporations therein. - 1 - 2. TERM - The rights, privileges and franchise hereby granted to, and transferred upon the Grantee shall, unless this Franchise be sooner terminated as herein provided, extend for a term of twenty-five (25) years from the date of written acceptance hereto by the Grantee. 3. RIGHT OF EXCAVATION - For the purpose of carrying into effect the privileges granted hereunder, Grantee is authorized to make necessary excavations in the streets alleys, sidewalks, roads, and rights of way within the franchised area, after applying for and securing a permit from the County Engineer. Permitted excavations shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, roads, rights of way, and public grounds to a standard set by the County for safety and use after excavation. In case any obstruction caused by Grantee shall remain longer than one (1) day after notice to remove it, or in case of neglect by grantee to safeguard any dangerous places, Grantor may remove such obstruction or safeguard such dangerous places at the expense of Grantee. 4. NON-INTERFERENCE WITH EXISTING FACILITIES - All construction, installation, repair or relocation of lines and appurtenances performed by Grantee along or under the roads, rights of way or properties 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 drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement or such roads, rights of way or other public property subject to this Franchise. 5. NECESSARY CONSTRUCTION/MAINTENANCE BY GRANTOR - The laying, construction, operation and maintenance of Grantee's lines and appurtenances authorized by this Franchise shall not preclude the Grantor, its agents or its contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of Grantee. In the event the Grantee's lines and appurtenances are in conflict with planned improvements of the Grantor, upon reasonable notifications the Grantee shall adjust or relocate its facilities to allow the planned improvements to proceed. All costs for such work shall be borne by the Grantee. 6. CONDUCT OF GRANTEE'S BUSINESS - Service shall be supplied to the Grantor -and its inhabitants in accordance with the Grantee's rules and regulations and tariffs filed or hereafter filed with the appropriate regulator body of this State having jurisdiction over the Grantee. 7. RIGHTS OF INGRESS/EGRESS - The Grantee, its agents and employees, shall have the right of ingress and egress upon the franchised area for the purpose of installing, servicing, and maintaining its facilities. 8. VACATION OF PROPERTIES BY GRANTOR - If, at any time, the Grantor shall vacate any road, right of way or other public property which is subject to rights granted by this Franchise, such vacation may be subject to the granting of a perpetual easement in favor or Grantee, its successors and assigns, for underground transmission and distribution lines and installations in place at the time of vacation and for the purpose of operating and maintaining such facilities, provided such a request is made by the Grantee. -2- 9. PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL - The Grantor, In granting this Franchise, does not waive any rights which it may now have or may hereafter acquire with respect to road rights of way or other property of Grantor under this Franchise, and this Franchise shall not be construed to deprive the Grantor of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the Grantor's roads, rights of way and other public property covered by this Franchise. 10. EMERGENCY REMOVAL BY GRANTOR - The Grantor reserves the right to remove any such distribution lines, equipment and related appurtenances, ( "Grantee's facilities") herein provided for in case of general conflagration or in other cases of extreme emergency, where there is neither the time or the opportunity for Grantee to perform such work. Grantor shall use reasonable care in the exercise of such emergency powers. Grantor shall indemnify and hold harmless the Grantee, its successors and assigns, against any and all property damage, personal injury, death, or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers, and shall, at its expense, restore Grantee's facilities removed as a result of such exercise. 11. NON-EXCLUSIVE FRANCHISE - This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises to other public or private utilities under, along, across, over and upon any of Grantor's roads, rights of way or other property of Grantor subject to this Franchise and shall in no way prevent or prohibit the Grantor from construction, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facilities, or any other property of Grantor or affect its jurisdiction over such property to make all necessary changes, relocations, repairs, maintenance, etc., insofar as the Grantor may deem fit, provided that such grants do not interfere with Grantee's operations. 12. FORFEITURE - If 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 Grantee under the provisions of this grant, then Grantee shall forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor; provided, however, the Grantor shall give ninety (90) days' written notice of its intention to revoke or annul the Franchise during which period Grantee shall have the opportunity to remedy any breach. 13. EXPANSION OF GRANTEE'S FACILITIES - Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchise system, that have been or are at any future time acquired, leased, or utilized in any manner by Grantee are thereupon to be deemed authorized by and shall be subject to all provisions of this Franchise. 14. PRIOR FRANCHISES SUPERSEDED - This Franchise shall up date and supersede all prior franchises heretofore granted to PTI Communications or its predecessors, by Grantor, or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. - 3 - 15. ASSIGNMENT OF FRANCHISE - Grantee, its successors and assigns, shall have the right to sell, transfer or assign this Franchise upon giving written notice to Grantor sixty (60) days in advance of the date of any proposed transfer. All provisions, conditions, regulations and requirements herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 16. EFFECT OF INVALIDITY - The Franchise is granted pursuant to the laws of the state of Grantor relating to the granting of such rights and privileges by Grantor. If any article, section, sentence, clause, or phrase of this Ordinance is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Ordinance or any of the remaining portions. The invalidity of any portion of this Ordinance shall not abate, reduce, or otherwise affect any obligation required of Grantee. 17. FRANCHISE ORDINANCE AS CONTRACT - This Ordinance shall have the effect of and shall be a contract between Grantor and Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee. 18. INDEMNITY - Each party shall be responsible for claims and/or damages to persons and/or property resulting from negligence on the part of itself and its officers, employees, agents and/or contractors. Neither party shall be responsible for claims and/or damages to persons and/or property resulting from negligence on the part of itself and its officer, employees, agents and/or contractors of the other party. Grantee agrees to comply with all applicable laws, rules and regulations and to indemnify Grantor against all losses, damages and. costs resulting from any failure of Grantee or any of its officers, employees, agents and/or contractors to do so. Grantee further agrees to indemnify and hold harmless the Grantor from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature, including without limitation attorney fees arising out of, in connection with, or incident to the Grantee's performances of the conduct permitted herein by the subject franchise. 19. ABANDONMENT OF FRANCHISE - Grantee may at any time abandon the rights and authorities granted hereinafter, provided that six (6) months' written notice of intention to abandon is given to Grantor. 20. ACCEPTANCE OF FRANCHISE - Grantee shall notify Grantor in writing of acceptance of this Franchise within thirty (30) days of the approval of this Franchise by Grantor. IN WITNESS WHEREOF, the undersigned, as the Board of County Commissioners of Grant County, State of Washington, have hereunto subscribed - 4 - We hereby accept and agree to comply with all the terms and conditions of this Franchise. Jon C. Erickson Executive Vice President/ General Manager Washington State Telephone Utilities of Washington, Inc. dba PTI Communications Date WITNESS: Date their names, at a regular session of said Board, on this _LL day of December, 1995. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Helen Fancher, Member LeRoy llison, Member TEST: Clerk of Board APPROVED AS TO FO ONLY: ���� S e 9j Hallstrom Deputj'Prosecuting Attorney PUBLISHED: / 1 -o? 7 �- /o? ^ y - g - 5 -