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HomeMy WebLinkAboutPublic Hearing - BOCCOpen Record Public Hearing Astound Broadband Franchise Application February 22, 2021 2:30 p.m. In Attendance: Cindy Carter, Chair Danny E. Stone, Vice -Chair Rob Jones, Member Barbara J. Vasquez, Clerk of the Board Keith Elefson,. County Engineer Dave Derting, Public Works Public: See attached 2:33 p.m. The Commissioners held an Open Record Public Hearing to consider a franchise application from Astound Broadband LLC to enter upon, construct, operate and maintain certain facilities upon certain county roads as follows: Beginning at an existing Grant County PUD power pole which is three spans west of the intersection of Silica Road NW and Road 1 NW, Astound Broadband will construct overhead fiber optic network by attaching to two Grant County PUD power poles before heading south to Silica Rd NW where Astound Broadband proposes the installation of two new telephone poles on the west side of Silica Rd NW and continue overhead south along the west side of Silica Road NW to Baseline Road W. where Astound Broadband will continue overhead by attaching to Grant County PUD power poles for 14 spans east along the north side of Baseline Road W to where Astound Broadband will tie into a Verizon Wireless vault near the entrance of their two cell towers located at 2245 W. Baseline Rd. Keith Elefson, County Engineer, described the project. A motion was made by Commissioner Stone, seconded by Commissioner Jones to close the public comment portion of the hearing. The motion passed unanimously. Commissioner Stone moved to approve the franchise application as presented. Commissioner Jones seconded and the motion passed unanimously. The hearing adjourned. 1444021 02/22/2021 04:33 PM FRANC Page 1 of 5 R 0 Grant Co, WA BOARD OF C011MISSIONERS 11111111111111111111111111111111111111111111 II 1111111111111111111111111111111111111111 Return to: Barbara Vasquez Commissioners Office Document Titles: Order Granting Franchise and Franchise Reference Number: Grantor(s): 1. Grant County 2. 3. 4. 5. Additional grantors on page Grantee(s): 1. Astound Broadband 2. 3. 4. 5. Additional grantees on page Legal description (lot, block and plat name or section, township &range): Baseline Rd and Silica Rd in S 32, T 19, R 23 AND S 31, T 19, R 23 Assessor's property parcel number: 1. 2. 3. Additional parcel numbers on page The Auditor's Office will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided hereon. BEFORE THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON 1444021 02/22/2021 04:33 RM FRANC Page 2 of 5 R @ Grunt Co, WA IN THE MATTER OF APPLICATION OF BO RD OF COMMISSIONERS ASTOUND BROADBAND, LLC IIIIIIIIIIIIIIIII IIIIIIIIII 1111111111111 IN 111111111 ORDER GRANTING FRANCHISE For a franchise to construct, operate and maintain ASTOUND BROADBAND FIBER SERVICES AND FRANCHISE on certain County Road Rights of Ways within the County of Grant, State of Washington, for providing Telecommunications services THIS CAUSE being regularly heard before the above entitled Board of County Commissioners of Grant County, Washington, upon the application of _ASTOUND BROADBAND, LLC for a franchise authorizing and empowering the said petitioners to enter upon, construct, operate, and maintain, Telecommunication services along, overhead and underground facilities along North side of Baseline W Rd, Crossing Silica Rd NW to West side of Silica Rd NW certain County roads in Grant County, Washington described as follows: ATTACHING FIBER OPTIC CABLE GOING OVERHEAD ON EXISTING UTILITY POLES ON NORTH SIDE OF W BASELINE RD STARTING APPROX 2814' FROM CENTER LINE OF SILICA RD NW. (1) OVERHEAD ROAD CROSSING AT SILICA RD NW. ATTACHING FIBER OPTIC CABLE GOING OVERHEAD ON EXISTING UTILITY POLES ON WEST SIDE OF SILICA RD NW APPROX 52009. SET (2) 30' UTILITY POLES IN R.O.W ON WEST SIDE OF SILICA RD NW WITHIN THE OUTSIDE FIVE FEET OF THE COUNTY ROAD RIGHT OF WAY. OVERHEAD FIBER TO EXIT R.O.W ON WEST SIDE OF SILICA RD NW APPROX 5200' FROM BASELINE W RD. SEC 32 TN 19 RG 23/ SEC 31 TN 19 RG 23 Said franchise to be for a period of fifty (50) years from the date of granting the same; and it appearing to the Board of County Commissioners that due and proper notice of the time and place of the hearing of said application has given as provided by statute, and it further appearing that no objections to the granting of said franchise as applied for have been either filed or heard by this Board; and the Board being fully advised in the premises and deeming it for the public interest to grant said franchise; now therefore. IT IS HEREBY ordered that ASTOUND BROADBAND, LLC Their successors and assigns, be, and they hereby are, granted the right, power, privilege and authority, For the period of fifty (50) years from the date hereof, to enter upon, construct, operate, and maintain Telecommunications services along, overhead and underground, Baseline W Rd to West Side of Silica Rd NW along certain County road(s) in Grant County, Washington, as referenced in said application and notices, and as particularly described above, subject to the following conditions: 1. The franchise shall terminate within one year from the date of issue, unless the Grantee furnishes a certificate of completion to the County Engineer within one year from the date of any permits issued pursuant to the franchise. 2. The ASTOUND BROADBAND, LLC Here in after referred to as the applicant, their successors and assigns, agree to hold the County of Grant, State of Washington, harmless and free from any and all damages, costs, and expenses, including indemnity for any settlements or judgements, defense costs, and attorney's fees, caused in whole or in part by the construction, maintenance, or operation of the facility covered by this franchise including but not limited to all underground facilities and appurtenances as well as any and all damages, costs, and expenses, including indemnity for any settlements or judgements, defense costs, and attorney's fees caused in whole or in part by the exercise of any right granted hereunder. 3. The applicant shall, within a reasonable length of time, repair any damages which may be done to said road(s) herein described by reason of laying, construction, operating or maintaining the franchised facility and shall restore road(s) in as good condition as before they were disturbed by the aforesaid operations. 4. The applicant shall furnish Grant County a bond, certified check or cash deposit in the sum of $ to insure that said road repairs will be made to the satisfaction of the county Engineer, it being agreed that upon the expression of such satisfaction, said bond, check, or cash deposit shall be returned forthwith to the applicant. 5. The applicant shall make application for and obtain a permit to perform work on the right of way from the County Engineer to place all facilities authorized by this franchise. 6. The applicant shall comply with all conditions imposed on the permit and reimburse the County for the cost of any inspections felt necessary by the County to assure compliance with the provisions of the permit and this franchise. 7. The applicant shall give notice to the Grant County Engineer when the traveled portion of the affected roads are to be interfered with when locating, constructing, operation, and maintaining the facility, said notice to be given at least two (2) days before the work is performed. 8. In locating, constructing, operating, maintaining the facility, the applicant, their successors, and assigns, shall at all times leave at least one half of the traveled portion of the roadway open to traffic unless written authorization to close the roadway(s) is granted by the Grant County Engineer, adequate detour signage is erected, and a Public Notice of Closure is published in the newspaper serving the area at least three (3) days in advance of the closure. 9. When, by reason of the construction, repair, improvement, alteration, or relocation of said County roads, or any portion thereof, it shall appear necessary in the opinion of the Board Of County Commissioners of Grant County, State of Washington, to remove, lower, or relocate said facility from said roads, the applicant, their successors, and assigns, agree to remove, lower, or relocate said facility immediately at their own expense to the place or places designated by the said Board of county commissioners. 10. In the event that said County roads or portions thereof as described, shall become a State Highway and therefore by reason of the construction, repair, improvement, alteration, or relocation of all or any portion of said roads as a State Highway, as determined by the Department of Transportation of the State of Washington, it shall become necessary in the opinion of the said Department to remove, lower, or relocate said facility from said highway, the applicants, their successors, and assigns, agree to remove, lower, or relocate said facility immediately at their own expense to the place or places designated by said Department. 1444021 02/22/2021 04:33 PM FRANC Pag 3 f 5 R 0 Grant Co, WR BO RRD OF COMI1ISS20NER5 11111111111111111111111111111111111111111111 II 11111111111111111111111111111111111111 II 11. The county reserves the right to revoke the privileges granted by this franchise and to seek legal remedies for failure of the franchise holder to comply with the conditions set forth above and/or to correct any deficiency after being given thirty (30) days written notice of correction by the County. DATED this day of BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON CINDY CARTER, CHAIRMAN DANNY E. STONE, COMMISSIONER ROB JONES, COMMISSIONER ATTEST: Barbara J. Vasquez, CMC Clerk of the Board Approved as to Form: Prosecuting Attorney of Grant County, Washington Presented By: