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HomeMy WebLinkAbout802806 FRANCHISE NO. 3302 In the Matter of the Application of CITY OF BREMERTON a municipal 66rporatio% for a fran- chise to construct, operate and main- rain a n 8" water pipe line along, and/or across a portion of Primary State Highway No. lq in Kitsap County, Wash~tgton. The application of CITY OF BREMERTON , a municipal corporatio% its successors and assigns, for a franchise to construct, operate and maintain a eight (8) inch water pipe line upon a portion of Primary State Highway No. 14 in Kitsap County, Washington, having come on for the 19th of 19 before the Wash- regularly hearing on day August 63 ington State Highway Commission of the State of Washington under the provisions of Chapter 21, 1st extraordinary session, Laws of 1961, and Chapter 13, Laws of 1961, and it appear- ing to the Washington State Highway Commission that notice of said hearing, as required by law, has been duly given and that it is for the public interest to grant the franchise herein granted; it is ORDERED that a franchise be, and the same hereby is, given and granted to CITY OF BREMERTON , a municipal corporation , its successors and assigns (hereinafter referred to as "the holder") to construct, operate and maintain a eisht (8) inch water pipe line along, and/or across the following described portion of Primary State Highway No. 14 in Kitsap County, Washington, for a period of twenty-five (25) years from the date of the entry of this order, subject to the terms and conditions hereinafter enumerated: Beginning at a point opposite Highway Engineer's Station 0+00 in the NWl/4 of the SE1/4 of Section 33, Township 24 North, Range i East, W.M., thence easterly and southeasterly along the southerly side of the Anderson Hill Frontage Road of Primary State Highway No. l~, Bethel to Sinclair Inlet, Kitsap Sounty, to a point opposite Highway Engineering Station 9+00 on said Anderson Hill Frontage Road. <Franchise- Pipe Line) ~.~ lJ~t~ H. F. 14.50 6/21/62 -1- PROVIDED THAT: (a) In accordance with Highway Commission Resolution No. 586, the basic franchise fee 6f $35 has been paid. Receipt No. C-2329 has been assigned by the District. (b) The 8 inch asbestos cement water supply main will be placed 20.0 feet south of the centemline of the Anderson Hill Frontage Road~ Prima~y State Highway No. 14, Bremerton and not less than 36 inches below ground grade. All backfill will be tamped into place and surface restored to original condition. (c) Signs, barricades and flagmen as required to protect the public will be furnished by the applicant and used by the applicant during construction to protect the public. Minimum si~ning will be in accordance with "Highway Commission Manual on Uniform Traffic Control Devices fo~ Protection of Men and Equipment". (d) In accordance with Highway Commission Resolution No. 541, the franchise holder shall: (1) Not make use of the limited access facility for gaining access to that portion of the utility llne or other facilities outside the limited access right of way in der to operate, maintain or repair said utility llne, except as permission for such access may be granted by the Highway Co~ission; (2) Not park on any portion of the limited access right of way, including the shoulders, for the purpose of gaining access to the utility facilities, also shall not be permitted; (3) All underground lines shall be contained within a larger conduit pipe, in order to protect the limited access facility from all possible disruption during necessary operation, maintenance or repair of the utility line, if and when crossing a limited access facility; (4) When emergency repairs of the utility lines within the limited access right of way necessitate the use of said right of way, the franchise holder shall immediately notify the Director of Highways, through his District Engineer, and shall confine its operations, as much as possible, to the non-travelled portion of the right of way and shall exercise due caution to protect the travelling public, during said emergency ~epairs, including the use of flagmen and wa~ning signs; and further, the franchise holder shall return the right of way to its original condition in a manner satisfactory to the Director of Highways, all of which shall apply when crossing a limited access facility. -la- 2. Said water pipe line shall at all times be constructed and maintained so as not to interfere with the use of the highway for travel or maintenance. 3. Whenever necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said highway as determined by the Director of Highways, 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 Washington State Highway Commission shall determine that the removal of any or all of such wate~ pipe line and facilities from the said lands is necessary, incidental, or convenient to the construction, repair, improvement, alteration or relocation of any public road or street, this franchise may be cancelled (in whole or in part) upon notice by the Director of Highways, and any or all of such water pipe line shall be reset, re- located, or removed from said highway as may be required by the Director of Highways. 4. The work of constructing, removing and relocating any and all of said water pipe line shall be done by and at the expense of the holder, and with the least possible interference with travel upon the said highway, and to the entire satisfaction and under the supervision of the Director of HiRhways; and none of such work shall be undertaken or carried on without ten days' written notice havin~ been first Miven to the Director of Highways. 5. Any and all damage or injury done or caused said highway or any portion thereof in the construction, operation, maintenance or repair of said water pipe line shall be immediately repaired and reconstructed under the supervision and to the satisfac- tion of the Director of Highways; and in the event the holder shall fail, neglect or refuse to immediately repair and reconstruct said damage, or injury to said highway, the same may be done by the State and the expense and cost thereof shall immediately be repaid by the holder to the State. 6. The holder shall save and keep the State of Washington harmless from any and all damages, claims or injuries that may occur by reason of the construction, mainten- ance and operation of said water pipe line. 7. Upon failure, neglect or refusal of the holder to immediately do and perform any change, removal, relaying or relocating of said water pipe line, or any repairs or ~econstruction of said highway herein required of the holder, the State may undertake and perform such requirement and the cost and expense thereof shall be immediately repaid to the State by the holder. 8. Any breach of any of the conditions and requirements herein made, or failure on the part of the holder of this franchise to proceed with due diligence and in Rood faith after its acceptance, with construction work hereunder, shall subject this franchise to cancelation after a hearin~ before the Washington State Highway Commission, of which said hearin~ (cont.)(Franchises-Pipe Line)-2- H.F. ]_4.~0 7/10/63 L785 the holder shall be given at least ten days written notice, if at that time the holder is a rosident and doing business in the State of Washington; otherwise, by publishing a notice cf said hesring once a week for two consecutive weeks in a newspaper of general circulation in Thurston County, Washington, the last publication to be at least ten days before the date fixed for said hearing. 9~ This franchise is not exclusive and the State reserves the right to grant franchises to other persons or companies to use the highway or any part thereof covered by this franchise for the same purpose as herein authorized, or for any other purpose authorized by law. 10. The granting of thio franchise shall place no obligation upon the Washington State Highway Commission, Director of Highways and/or the State of Washington to warrsnt or defend the rights hereby granted. 11. In constructing, operating, maintaining and repairing said water ... pipe line the holder specifically agrees to comply with all policies, regulations and requirements here- tofore or hereafter adopted by the ~ashington State Highway Commission, pertaining to the location, operation and maintenance of utilities on highways and any and all requirements m?~ by the Director of Highways or any State department or officer authorized to supervise o.~d regulate such work and utility for the protection and safety of the public. !2o The construction that is authorized through the granting of this franchise shall be co~onced within one year from the date hereof and completed within three years hereafter; o ~.h~rwls% the franchise shall be null and void and terminated upon notice as provided by law~ Time is the essence of this provision. 13o This franchise is granted under the provisions and subject to the conditions and re- quirements of Chapter 21, 1st extraordinary session, Laws of 1961, and Chapter 13, Laws of 1961. 14~ No assignment or transfer of this franchise in any manner whatsoever shall be valid nor vest any rights hereby granted until the Washington State Highway Co~ission shall have be~n furnished with written evidence of such transfer or certified copies thereof, together with written acceptance of the terms of the franchise by the Assignee, and unless and until said Commission shall have granted its consent in writing to such assignment or transfer. Failure to comply with this provision shall be cause for cancellation as herein provided. Ho F. 14.50 6/21/62 -3- 15. The holder shall, within twenty (20) days from receipt cf a copy of this order, file with the Director of Highways at Olympia its written acceptance of the terms and conditions of this franchise. DATED at Olympia, Washington, this ,~ ~ d~ of ~ [, ,,~i~,~ ~ ~ , 19~,~. WASHINGTON STATE HIGHWAY CO~SSI~ APPROVED as to form: ~ssist rney General ~AARGAR~:T ~cPttEi~SON, gJtsap Co. Am:Htoe ~//) (Franchises - Pipe Line) -4- H. Z4.50