Non-exclusive Franchise to Puget Sound Energy, Inc. BEFORE THE BOARD OF COMMISSIONERS
FOR LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: a nonexclusive Franchise )
to Puget Sound Energy, Inc., to construct, operate, and )
maintain water mains and cathodic protection cables )
in Lewis County Rights-of-Way; and setting forth ) RESOLUTION NO. IS' -225
conditions accompanying the grant of the nonexclusive ) Nonexclusive Franchise
Franchise; and providing for County administration )
and regulation of the nonexclusive Franchise. )
WHEREAS, Puget Sound Energy, Inc., the operator of the Jackson Prairie Gas Storage
Project, on behalf of itself and co-owners of the Jackson Prairie Natural Gas Storage Project: Avista
Corp. and Northwest Pipeline, GP; has applied to the Board of County Commissioners of Lewis
County, pursuant to Chapter 36.55 RCW and Chapter 12.20 for a nonexclusive Franchise to set,
lay, construct, extend, support, maintain, repair, replace, enlarge, operate, use and maintain water
mains, pipes and cathodic protection cables, together with any other equipment, appliances,
appurtenances and other items necessarily or customarily appertaining to such water mains, pipes
and cathodic protection cables (collectively, the "Facilities"), in, upon, over, under, across, through
and within any and all public roads, streets, avenues, and highways of the County as now laid out,
platted, dedicated or improved, or that may be hereafter be laid out, platted, dedicated or improved,
within the area outlined in the attached Exhibit A, which is incorporated by reference (the
"Rights-of-Way"or"County Rights-of-Way");and
WHEREAS, the County under Titles 5 & 12 Lewis County Code (LCC) provides for the
regulation of use of County Rights-of-Way for utilities located in or using County Rights-of-Way;
and
WHEREAS, pursuant to RCW 36.55.040, notice was posted in three public places in the
County seat at least fifteen (15) days before the hearing date, and notice was published twice in the
official County newspaper, the last publication being not less than five (5) days before the date
fixed for the hearing; and
WHEREAS, pursuant to RCW 36.55.040, a hearing on the application for this Franchise
RESOLUTION NO. 1$- 05 Page 1 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
was held on the_day of ,_; and
WHEREAS, the Board finds that it is in the public interest and has made a determination
under Chapters 12.25 through 12.50 LCC to grant Puget Sound Energy, Inc.'s application for the
nonexclusive right, privilege, and authority set forth in this franchise to set, lay, construct, extend,
support, maintain, repair, replace, enlarge, operate, use and maintain its Facilities in, upon, over,
under,across,through and within County Rights-of-Way;
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners for
Lewis County, Washington, that a nonexclusive franchise is hereby granted to Puget Sound Energy,
Inc., the operator of the Jackson Prairie Gas Storage Project, on behalf of itself and co-owners of
the Jackson Prairie Natural Gas Storage Project: Avista Corp. and Northwest Pipeline, GP; to set,
lay, construct, extend, support, maintain, repair, replace, enlarge, operate, use and maintain its
Facilities in, upon, over, under, across, through and within County Rights-of-Way under the
following express terms and conditions(together,this"Franchise"):
Section 1. Franchise
1.1 Definitions. The terms"Facilities,""Rights-of-Way," and"County Rights-of-Way"
are defined as set forth in the Recitals, which Recitals are incorporated by reference into this
Franchise. Other terms with initial letters capitalized that are used in this Franchise will have the
meanings given them elsewhere in this Franchise. Unless specifically defined otherwise in this
Franchise, terms used in this Franchise with initial letters capitalized shall have the same meanings
given in Section 12.25.020 LCC and Section 12.20.020 LCC. Words not otherwise defined shall be
given their common and ordinary meaning.
1.2 Grant of Franchise. Lewis County, a Washington municipal corporation and
subdivision of the State (hereinafter "County") hereby grants Puget Sound Energy, Inc., a
Washington corporation (hereinafter "Grantee"), a nonexclusive franchise to set, lay, construct,
extend, support, maintain, repair, replace, enlarge, operate, use and maintain its Facilities in, upon,
over,under, across,through and within the County Rights-of-Way.
A. This Franchise shall not convey any right, title or interest in the Rights-of-Way but
shall be deemed a franchise only to use and occupy the Rights-of-Way in the manner and for the
limited purposes and term stated herein.
B. This Franchise shall not authorize or excuse Grantee from securing such further
easements, leases, permits or other approvals as may be required to lawfully occupy and use the
Rights-of-Way.
C. This Franchise shall not be construed as any warranty of title or interest in any
Right-of-Way; it does not provide the Grantee with any interest in any particular location within the
Right-of-Way; and it does not confer rights other than as expressly provided in the grant hereof.
D. No act, event, occurrence or thing shall give Grantee any rights to occupy or use the
Rights-of-Way permanently nor shall operate as an estoppel against the County.
RESOLUTION NO. 8- 995 Page 2 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
E. This Franchise is granted subject to the terms and conditions contained in Chapter
12.20 LCC, Installation of Utilities on Lewis County Rights-of-Way, as they are now written or as
later amended; provided, however, notwithstanding the foregoing or any other provision of this
Franchise to the contrary, (1) in the event of any irreconcilable conflict or inconsistency between the
terms and conditions contained in Chapter 12.20 LCC or in any other codes, ordinances, rules,
regulations and standards of the County (collectively, the "County Code") and the Core Franchise
Terms (as defined below), the Core Franchise Terms shall govern and control, and (2) in the event
of any irreconcilable conflict or inconsistency between the County Code and any terms or
conditions of this Franchise that are not Core Franchise Terms, the County Code shall govern and
control; provided, further, that nothing herein shall be deemed to waive, prejudice or otherwise
limit any right of appeal afforded Grantee by the County Code. As used in this Franchise, the term
"Core Franchise Terms" will mean the following provisions of this Franchise: Sections 1.1
(Definitions), 1.2 (Grant of Franchise), 1.3 (Term of Franchise), 1.5 (Franchise Territory), 2.2
(Non-Interference), 2.5 (Relocation of Facilities), 2.10 (Facility Maps), 2.11 (As-Built Drawings),
2.15 (Hazardous Substances), 2.18 (Movement of Facilities for Other Franchise Holders), 3
(Financial Provisions), 4.2 (Vacation), 4.4 (Revocation and Termination), 4.5 (Modification), 4.7
(Assignment or Transfer),4.15 (Force Majeure)and 4.16(Regulatory Requirements).
F. Grantee shall comply with all applicable requirements of state and federal law,
including regulatory requirements of the WUTC, which are applicable to Grantee in its installation,
construction, maintenance, operation, use, repair, replacement, enlargement, setting, laying, and
extending of the Facilities within,in, upon, over, under, across and through the Rights-of-Way.
G. As used in this Franchise, the term "Party" shall mean the County or Grantee and
the term"Parties" shall refer to those entities collectively.
1.3 Term of Franchise. The term of this Franchise shall be five (5) years, beginning
June 1st 2018 (the "Term")and terminating on May 30 2023.
1.4 Nonexclusive Franchise. The Franchise granted herein shall be nonexclusive. The
County specifically reserves the right to grant, at any time, such rights, permits, licenses and/or
franchises to other persons to use the Rights-of-Way for similar or different purposes allowed
hereunder as the County deems appropriate so long as such uses do not impair Grantee's rights
under this Franchise. Subject to this Franchise, Grantee shall not prevent or prohibit the County
from constructing, altering, maintaining or using any of said Rights-of-Way, or affect its
jurisdiction over them or any part of them, the County having full power and authority to make all
necessary changes, relocation, repairs, or maintenance of said Rights-of-Way as the County deems
appropriate.
1.5 Franchise Territory. The territory covered by this Franchise shall be that territory
set out in Exhibit A attached hereto and made a part hereof (the "Franchise Territory"). This
Franchise does not give or grant to Grantee the right, privilege or authority to install its Facilities
within any County rights-of-way that are outside of the Franchise Territory. Grantee agrees not to
install its Facilities lc? any County rights-of-way that are outside of the Franchise Territory.
RESOLUTION NO. D '�'?5 Page 3 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
Further, this Franchise shall not govern or apply to any of Grantee's Facilities located on Grantee
owned or leased properties or easements (whether inside or outside of the Franchise Territory,
whether granted by a private or public entity, and whether now existing or hereafter acquired) and
such Facilities are not, and will not be deemed to be, located pursuant to rights derived from this
Franchise or pursuant to rights otherwise granted by the County.
1.6 Amendment of Franchise for Territory Changes. If Grantee desires to extend or
locate its Facilities to or within any County rights-of-way that are outside of the Franchise Territory,
Grantee shall apply in writing for an amendment to the Franchise. If the County approves
Grantee's application to locate or relocate its Facilities to or within any County rights-of-way that
are outside of the Franchise Territory,the County shall grant an amendment to this Franchise for the
territory change, subject to compliance with the publication and hearing requirements applicable to
a grant of a franchise.
Section 2. Operation in Rights-of-Way
2.1 Construction or Alteration.
A. Facilities shall be constructed, operated and maintained in accordance with all
applicable federal and state codes, rules and regulations, this Franchise and, subject to
Section 1.2.E, all applicable County codes, rules and regulations, including, but not limited to,
Chapter 12.20 LCC. Grantee shall comply with all lawful County resolutions and ordinances
regarding the acquisition of permits and/or such other items as may be required in order to
construct,operate, and maintain its Facilities in the Rights-of-Way.
B. Notwithstanding anything in Section 1.2E to the contrary, Grantee shall not
construct, maintain, repair, relocate or remove its Facilities within the Rights-of-Way without
obtaining a utility permit. Applications for utility permits to construct Grantee's Facilities shall be
in compliance with the provisions of Chapter 12.20 LCC. As part of the permitting process, the
County may impose such conditions and regulations as are necessary for the purpose of protecting
any structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, the
protection of the public, and the continuity of pedestrian or vehicular traffic; provided such
conditions and/or regulations are not in irreconcilable conflict with any Core Franchise Terms.
Such conditions may also include the provision of a construction schedule and maps showing the
location of the Facilities to be installed in the Right-of-Way. As to any maps or drawings provided
by Grantee to the County under or in connection with this Franchise, Grantee does not warrant the
accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in
their approximate location. With respect to any excavations within the Rights-of-way undertaken
by or on behalf of Grantee or the County, nothing in this Franchise is intended (nor shall be
construed) to relieve either party of their respective obligations arising under applicable law with
respect to determining the location of utility facilities. All work authorized and required
hereunder shall be done in a safe, thorough and workmanlike manner. All installations of
equipment shall be permanent in nature, durable and installed in accordance with good engineering
practices.
RESOLUTION NO. o'?�5 Page 4 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
C. Within limits reasonably related to the County's role in protecting public health,
safety and welfare, and subject to applicable federal and state regulatory requirements, the County
may require that Grantee's Facilities within the Rights-of-Way be installed at a particular time, at a
specific place or in a particular manner as a condition of access to a particular Right-of-Way; may
deny access if Grantee is not willing to comply with County's requirements; and, subject to and in
accordance with the applicable provisions of this Franchise and any provisions of the Lewis County
Code that do not irreconcilably conflict with the applicable Core Franchise Terms, may remove, or
require removal of, any such Facility that is not installed in compliance with the requirements
established by the County, and may request Grantee to cooperate with others to minimize adverse
impacts on the Rights-of-Way through joint trenching and other arrangements.
2.2 Non-Interference. In installing, constructing, operating, repairing, and maintaining
its Facilities within the County Rights-of-Way, Grantee shall not unreasonably interfere with the
free passage of pedestrian and vehicular traffic within the Rights-of-Way or the use of the
Rights-of-Way by the County. Grantee's Facilities at a given location within the County Rights-of-
Way shall be constructed and maintained in such manner as not to unreasonably interfere with
pipes, wires, conduits, pedestals, structures, or other facilities that were installed at that location
within the Rights-of-Way by or under the County's authority prior to the time Grantee's Facilities
were first installed at that location. In the event of such interference, the County may require the
removal or relocation of Grantee's Facilities from the property in question at Grantee's expense.
2.3 Construction Schedule and Notice of Work. Unless otherwise provided herein,
Grantee,or any Person acting on Grantee's behalf, shall comply with the notice provisions set out in
Chapter 12.20 LCC in connection with Grantee's performance of work within the Rights-of-Way.
2.4 Traffic Control. Grantee shall comply with the traffic control provisions set out in
Chapter 12.20 LCC in connection with Grantee's performance of work under this Franchise.
2.5 Relocation of Facilities.
A. As used in this Section 2.5, (1)the term "County Project" means any improvement
or repair within the County Rights-of-Way that is funded by the County(either directly with its own
funds or with other monies obtained by the County), including but not limited to any such
improvement or repair that involves the construction, relocation, expansion, repair, maintenance, or
removal of any County facility located on or in the County Rights-of-Way, including but not limited
to a building, structure, park,parking lot, retention facility, curtilage, highway, street, road, median,
shoulder, bridge, sidewalk, gutter, drain, curb, pole, guardrail, road prism, cable, conduit, network,
hydrant, sign, monument or other County-owned, leased or operated facility located on or in the
County Rights-of-Way; and (2)the term "Third Party" means any person, party or entity other than
the County, Grantee and their respective contractors and subcontractors.
B. Whenever the County causes any County Project to be undertaken by or on behalf
of the County within the County Rights-of-Way, and such work (in the County's reasonable
discretion) necessitates the relocation of Grantee's Facilities from their existing location within
RESOLUTION NO. 18-a 0 5 Page 5 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
the County Rights-of-Way, such relocation will be at no cost to the County.
C. In connection with each County Project for which relocation of Grantee's Facilities
is required under Section 2.5.B, above,the County shall:
(1) provide Grantee, within a reasonable time prior to the commencement of such
County Project,written notice requesting such relocation; and
(2) provide Grantee with reasonable plans and specifications for such County Project.
After receipt of such notice and such plans and specifications, the County and Grantee shall work
cooperatively to accomplish the relocation of Grantee's Facilities in order to accommodate the
County Project. If the County requires the subsequent relocation of any Facilities within five (5)
years from the date of relocation of such Facilities pursuant to this Section 2.5.B, the County
shall bear the entire cost of such subsequent relocation except to the extent the subsequent
relocation is caused by unanticipated emergencies or changes in applicable law that the County
could not reasonably have foreseen as of the date of the initial relocation.
D. In the event an emergency posing a threat to public safety or welfare requires the
relocation of Grantee's Facilities within the County Rights-of-Way, the County shall give
Grantee notice of the emergency as soon as reasonably practicable. Upon receipt of such notice
from the County, Grantee shall endeavor to respond as soon as reasonably practicable to relocate
the affected Facilities.
E. Subject to Section 2.5.F, below, whenever any Third Party requires the relocation
of Grantee's Facilities to accommodate work of such Third Party within the County Rights-of-
Way (and such work is not being done as part of or to support a County Project), then Grantee
shall have the right as a condition of any such relocation to require payment by the Third Party to
Grantee, at a time and upon terms acceptable to Grantee, for any and all costs and expenses
incurred by Grantee in the relocation of Grantee's Facilities. Grantee shall work with relocating
Third Parties in good faith in an effort to ensure that the negotiation between them does not delay
the required relocation of Grantee's Facilities.
F. Any condition or requirement imposed by the County upon any Third Party
(including, without limitation, any condition or requirement imposed pursuant to any contract or
in conjunction with approvals or permits obtained pursuant to any zoning, land use, construction
or other development regulation) which requires the relocation of Grantee's Facilities within the
County Rights-of-Way (and which work is not being done as part of or to support a County
Project) shall be a condition or requirement causing relocation of Grantee's Facilities to occur
subject to the provisions of Section 2.5.E, above; provided, however, in the event the County
reasonably determines and notifies Grantee that the primary purpose of imposing such condition
or requirement upon such Third Party is to cause or facilitate the construction of a public
improvement to be undertaken within a segment of the County Rights-of-Way that is then-
identified in the County's six-year transportation improvement program (and which is not then
being done as part of or to support a County Project),then only those costs and expenses incurred
by Grantee in reconnecting such relocated Facilities with Grantee's other Facilities shall be paid
RESOLUTION NO. l g' ��6 Page 6 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
to Grantee by such Third Party, and Grantee shall otherwise relocate its Facilities within such
segment of the County Rights-of-Way in accordance with Section 2.5.B, above.
G. As to any relocation of Grantee Facilities whereby the cost and expense thereof is
to be borne by Grantee in accordance with this Section 2.5, Grantee may, after receipt of written
notice requesting such relocation, submit in writing to the County alternatives to relocation of its
Facilities. Upon the County's receipt from Grantee of such written alternatives, the County shall
evaluate such alternatives and shall advise Grantee in writing if one or more of such alternatives
is suitable to accommodate the work which would otherwise necessitate relocation of Grantee's
Facilities. In the event the County reasonably determines that such alternatives are not
appropriate, Grantee shall relocate its Facilities as otherwise provided in this Section 2.5.
H. Nothing in this Section 2.5 shall require Grantee to bear any cost or expense in
connection with the relocation of any Facilities existing under benefit of Grantee's easement
(other than County-owned utility easements) or Grantee's other prior rights not arising under this
Franchise.
2.6 Consistency with Designated Use. Notwithstanding this Franchise to use County
Rights-of-Way, no Right-of-Way shall be used by Grantee if the County determines that such use is
inconsistent with the terms, conditions or provisions by which such Right-of-Way was created or
dedicated, or presently used under State and local laws, and notifies Grantee of such inconsistency
prior to the time Grantee first installs its Facilities in such Right-of-Way.
2.7 Restoration of Rights-of-Way. Subject to Section 1.2.E, Grantee shall comply
with the restoration of Rights-of-Way conditions set out in Chapter 12.20 LCC in restoring the area
disturbed by its work in the Rights-of-Way. The County shall ensure that the restoration conditions
imposed on Grantee under Chapter 12.20 or otherwise do not require Grantee to perform
unreasonable or excessive restoration work relative to the size of the area disturbed by Grantee's
work or the comparative condition of the Rights-of-Way before and after Grantee's work.
2.8 Restoration of Improvements. Subject to Section 1.2.E, upon completion of any
construction work by Grantee within the Rights-of-Way, Grantee shall restore the area disturbed by
its work in the Rights-of-Way in accordance with Chapter 12.20 LCC. The County shall ensure
that the requirements imposed on Grantee under Chapter 12.20 or otherwise do not require Grantee
to perform unreasonable or excessive restoration work relative to the size of the area disturbed by
Grantee's work or the comparative condition of the Rights-of-Way before and after Grantee's work.
2.9 Warranty of Restoration Work. Grantee shall warrant any restoration work
performed by or for Grantee in the Rights-of-Way pursuant to Section 2.7 for one (1) year. If
restoration is not satisfactorily performed by the Grantee within a reasonable time, the County may,
after 48 hours prior notice to the Grantee, or without notice where the disturbance or damage may
create a risk to public health or safety, cause the repairs to be made and recover the actual cost of
those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs,
including the costs of labor, materials and equipment,the Grantee shall pay the County.
RESOLUTION NO. 1 g g 5 Page 7 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
2.10 Facilities Maps. Grantee shall provide the County with Facilities maps in
accordance with Section 12.20 LCC as requested by the County, provided the request is limited to
Facilities at specific locations in the Franchise Territory in connection with a planned County
Project. As to any such maps provided, Grantee does not warrant the accuracy thereof and, to the
extent the location of Facilities is shown, such Facilities are shown in their approximate location.
2.11 As-Built Drawings. Grantee shall provide as-built drawings to the County of
Facilities installed in the County's Rights-of-Way under this Franchise, but such as-built drawings
shall not be required to be sealed or dated by a registered professional engineer in accordance with
LCC 12.20.160.
2.12 Aesthetic and Scenic Considerations. Subject to Section 1.2.E and other
applicable provisions of this Franchise, Grantee shall comply with Chapter 12.20 LCC in
connection with work performed by Grantee in the Rights-of-Way under this Franchise.
2.13 Damage to Grantee's Facilities. To the extent permitted by Washington law, the
County shall not be liable for any damage to or loss of any of Grantee's Facilities or any
interruption in Services within the Rights-of-Way as a result of or in connection with any
emergency removal or relocation, public works, public improvements, construction, excavation,
grading, filling, or work of any kind in the Rights-of-Way by or on behalf of the County or any
person under contract with the County, except to the extent the damage or loss is caused by the
negligence or willful misconduct of the County or its agents,employees or contractors. The parties
mutually acknowledge that this provision is entered into in contemplation of the very limited scope
of the water system governed by this Franchise and is not and shall not be deemed to be
precedential for purposes of any negotiation of Grantee and the County concerning any other
franchise.
2.14 Location of Facilities. Subject to Section 1.2.E and other applicable provisions of
this Franchise,all Facilities of Grantee within the Rights-of-Way shall be constructed, installed, and
located in accordance with Chapter 12.20 LCC.
2.15 Hazardous Substances.
A. "Hazardous Substances" means substances so designated under the Model Toxics
Control Act," RCW 70.105D.020(13), or the Comprehensive Environmental Response,
Compensation,and Liability Act,42 U.S.C. §9601(4).
B. Grantee shall comply with any and all applicable laws, statutes, regulations and
orders concerning Hazardous Substances relating to Grantee's Facilities in the Rights-of-Way.
C. Grantee agrees to indemnify, defend and hold the County harmless against any
claims, costs, and expenses, of any kind, whether direct or indirect, to the extent the same are
caused or alleged to be caused by any unlawful release of Hazardous Substances by Grantee or its
Facilities in the Rights-of-Way.
RESOLUTION NO. l e'aa5 Page 8 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
2.16 Notice to Private Property Owners. Grantee shall give notice to private property
owners of work on or adjacent to private property that is undertaken by Grantee in the Rights-of-
Way, all in accordance with Grantee's standard operating practice and procedures. At a minimum,
Grantee will make an effort to notify affected private property owners adjacent to County Rights-of-
Way within one hundred (100) yards on each side of Grantee work within the County Rights-of-
Way at least one(1)day prior to commencement of the work(or as required by the permit).
2.17 Shared Use of Excavations. In the event either Grantee or the County shall cause
excavations to be made within the Rights-of-Way, the party causing such excavation shall afford
the other, upon receipt of a written request to do so, an opportunity to use such excavation so long
as such joint use does not unreasonably delay the work of the party causing such excavation, and
such joint use is arranged and accomplished upon terms and conditions reasonably satisfactory to
the party causing such excavation.
2.18 Movement of Facilities for Other Franchise Holders. If any removal,
replacement, modification or disconnection of Grantee's Facilities in the Rights-of-Way is required
to accommodate the construction, operation or repair of the facilities or equipment of another
County franchise holder, Grantee shall complete such removal or relocation in accordance with
Section 2.5, above. Subject to Section 2.5 above, Grantee may require that the costs associated
with the removal or relocation be paid by the benefited party.
2.19 Work of Contractors and Subcontractors. Grantee's contractors and
subcontractors shall be licensed and bonded in accordance with state law. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by it, and
shall ensure that all such work is performed in compliance with this Franchise and other applicable
law, and shall be jointly and severally liable for all damages and correcting all damage caused by
them. It is Grantee's responsibility to ensure that contractors, subcontractors or other persons
performing work on Grantee's behalf are familiar with the requirements of this Franchise and other
applicable laws governing the work performed by them.
2.20 Inspection of Construction and Facilities. The County may inspect any of
Grantee's Facilities, equipment or construction in the Rights-of-Way at any time upon at least
twenty-four (24) hours' notice, or, in case of emergency, upon demand without prior notice. If an
unsafe condition is found to exist with respect to Grantee's Facilities in the Rights-of-Way, the
County, in addition to taking any other action permitted under applicable law, may order Grantee,
in writing, to make the necessary repairs and alterations specified therein forthwith to correct the
unsafe condition by a time the County establishes. The County has the right to correct, inspect,
administer and repair the unsafe condition if Grantee fails to do so,and to charge Grantee therefor.
RESOLUTION NO. 18 • a. -6 Page 9 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
2.21 Stop Work.
A. On notice from the County that any work by Grantee in the Rights-of-Way is being
performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as
determined in good faith by the County, or in violation of the terms of any applicable permit, laws,
regulations,ordinances, or standards,the work may immediately be stopped by the County.
B. The stop work order shall:
(1) Be in writing;
(2) Be given to the Person doing the work, or posted on the work site;
(3) Be sent to Grantee by overnight delivery at the address given herein;
(4) Indicate the nature of the alleged violation or unsafe condition; and
(5) Establish conditions under which work may be resumed.
2.22 Decommissioned Facilities. During the term of this Franchise, including any
extensions, and after the expiration of this Franchise, if Grantee has not obtained a new franchise
from the County, the County shall have the right to require Grantee to remove, in accordance with
and subject to the procedures stated in LCC 12.20.140, as amended, all or any part of Grantee's
Facilities within the Rights-of-Way that are then no longer in use by Grantee and have been
permanently decommissioned in place by Grantee. The parties mutually acknowledge that this
provision is entered into in contemplation of the very limited scope of the water system governed
by this Franchise and is not and shall not be deemed to be precedential for purposes of any
negotiation of Grantee and the County concerning any other franchise.
Section 3. Financial Provisions
3.1 Financial Security. Pursuant to LCC 12.20, whenever Grantee intends to work in
the Rights-of-Way, the County, in its sole discretion and as part of its permit requirements, may
require Grantee to first post a bond, in a reasonable amount, to ensure restoration of the Rights-of-
Way and any improvements as part of Grantee's work. Subject to approval by the County, Grantee
may satisfy the County's bond requirements by posting a permanent performance bond under this
Franchise in an amount and on terms determined by the County in its sole discretion.
3.2 Indemnity and Hold Harmless.
A. In addition to and distinct from the insurance requirements of this Franchise,
Grantee releases and shall defend, indemnify and hold harmless the County, its elected and
appointed officers, officials, employees, agents, and representatives (collectively referred to as the
"Indemnitees") from any and all third party claims, and any resulting losses, costs, liabilities,
damages and expenses, including, but not limited to, reasonable attorneys' fees, made against an
Indemnitee on account of injury or damage to person or property of another caused by the
negligence or willful misconduct of Grantee or any of its suppliers or contractors of any tier, or
anyone acting on Grantee's behalf in constructing, operating or maintaining Grantee's Facilities
within the County Rights-of-Way under this Franchise, except that such indemnification shall not
extend to nor include any liability due to the sole negligence of the County, its elected and
RESOLUTION NO. )2.5 Page 10 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
appointed officials, agents, officers, and employees acting within the scope of their employment.
Provided, however, that in the event any claim be presented to or filed with the County,the County
shall promptly notify Grantee thereof, and Grantee shall have the right, at its election and at its sole
cost and expense, to settle and compromise such claim; provided further, that in the event any suit
or action is begun against the County based upon any such claim, the County shall likewise
promptly notify Grantee thereof, and Grantee shall have the right, at its election and its sole cost
and expense, to settle and compromise such suit or action, or defend the same at its sole cost and
expense,by attorneys of its own election.
B. To the fullest extent permitted by applicable law, the foregoing release, indemnity
and hold harmless provisions shall apply to and be for the benefit of the Indemnitees.
C. Inspection or acceptance by the County of any work performed by Grantee shall not
be grounds for avoidance by Grantee of any of its obligations under this Section. Said
indemnification obligations shall extend to claims which are not reduced to a suit and any claims
which may be compromised by or with the written approval of Grantee prior to the culmination of
any litigation or the institution of any litigation.
D. In the event of any claim covered by the indemnification obligations of Grantee
under this Section 3.2, Grantee reserves the right to petition a court of competent jurisdiction to
determine that the indemnity in this Franchise is subject to RCW 4.24.115 and requires the County
to bear liability to the extent of its concurrent negligence. If a court of competent jurisdiction
finally determines that any damage claim or demand covered by the indemnification obligations of
Grantee under this Section 3.2 is subject to RCW 4.24.115 and is caused by or results from the
concurrent negligence of(a)the County or its elected or appointed officials, agents, officers, and
employees and (b) Grantee or its suppliers or contractors of any tier, then in such event the defense
and indemnity obligations of Grantee provided for in this Section 3.2 shall be valid and enforceable
only to the extent of Grantee's negligence. It is further specifically and expressly understood that,
solely to the extent required to enforce the indemnification provided herein, Grantee waives its
immunity as to the County only under RCW Title 51; provided, however, the foregoing waiver
shall not in any way preclude Grantee from raising such immunity as a defense against any claim
brought against Grantee by any of its employees. This waiver has been mutually negotiated by the
parties. The parties mutually acknowledge that this Section 3.2 is entered into in contemplation of
the very limited scope of the water system governed by this Franchise and is not and shall not be
deemed to be precedential for purposes of any negotiation of Grantee and the County concerning
any other franchise.
E. The provisions of Section 3.2 shall survive the expiration or termination of this
Franchise. Further, all provisions of Section 3.2 shall apply to the successors and assigns of
Grantee.
F. Procedures and Defense. If a claim or action arises for which indemnification is
provided under Section 3.2.A, the County or other Indemnitee shall tender the defense of the claim
or action to the Grantee, which defense shall be at the Grantee's expense. The County may
participate in the defense of a claim at the County's expense and, in any event, the Grantee may not
agree to any settlement of claims financially affecting the County without the County's written
approval,which shall not be unreasonably withheld.
RESOLUTION NO. 18- Page 11 of 21
•
NONEXCLUSIVE FRANCHISE
April 24,2018
G. Duty of Defense. The fact that the Grantee carries out any activities under this
Franchise though independent contractors shall not constitute an avoidance of or defense to the
Grantee's duty of defense and indemnification under this Section.
3.3 Insurance.
A. Grantee shall procure and maintain for the duration of this Franchise, insurance,
or provide self-insurance, against all claims for injuries to persons or damages to property which
may arise from or in connection with the exercise of rights, privileges and authority granted
hereunder to Grantee, its agents, representatives or employees. Grantee shall provide evidence of
self-insurance and/or an insurance certificate, together with endorsement naming the County, its
officers, elected officials, agents, employees, representatives, engineers, consultants, and
volunteers as additional insureds, to the County for its inspection prior to the commencement of
any work or installation of any Facilities pursuant to this Franchise, and such self-insurance
and/or insurance certificates shall evidence the following minimum coverage:
a. Commercial general liability and, if necessary, excess/umbrella liability insurance
including coverage for bodily injury (including death), property damage, premises
— operations, explosion, collapse and underground hazards (XCU), sudden and
accidental pollution liability, and products-completed operations, with limits not
less than:
i. $5,000,000 per occurrence; and
ii. $5,000,000 in the aggregate.
b. Automobile liability for owned, non-owned and hired vehicles with a limit of
$5,000,000 combined single limit;
c. Worker's compensation within statutory limits and employer's liability insurance
with limits of not less than $2,000,000.
If coverage is purchased or provided on a "claims made" basis, then Grantee shall
warrant continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the termination date of this Franchise, and/or conversion from a
claims made form to an"occurrence" coverage form.
B. Any deductibles or self-insured retentions must be declared to the County. Payment
of deductibles and self-insured retentions shall be the sole responsibility of Grantee. The insurance
certificate required by this section shall contain a clause stating that coverage shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
C. Grantee's insurance shall be primary insurance with respect to the County, its
officers, officials, employees, agents, consultants and volunteers. Any insurance maintained by the
County, its officers, officials, employees, agents, consultants, and volunteers shall be in excess of
Grantee's insurance and shall not contribute with it.
D. Grantee will provide 30 days written notice to the County of any material change to,
or cancellation of,any policy of insurance required herein, and will provide an updated certificate of
RESOLUTION NO. 18•825 Page 12 of 21
NONEXCLUSIVE FRANCHISE
April 24, 2018
insurance as evidence of replacement or renewed coverage prior to cancellation of the existing
policy(ies).
3.4 Recovery of Costs. Subject to applicable law, Grantee shall reimburse the
County's costs in connection with the administration, oversight and enforcement of this Franchise,
and in connection with reviewing, inspecting, monitoring and supervising the Grantee's use and
occupancy of the Rights-of-Way. Without limiting the foregoing, Grantee shall pay the fees
required by the County for issuance of utility and Right-of-Way permits and any costs of review,
inspection, and enforcement associated therewith. Nothing herein shall prohibit the County and
Grantee from agreeing upon the compensation to be paid.
3.5 Reimbursement. Grantee shall reimburse the County within thirty (30) calendar
days after receipt of written demand for all costs reimbursable to the County under Section 3.4.
Section 4. Additional Franchise Provisions
4.1 Publication Costs. Grantee shall assume the costs of publication associated with
this Franchise as such publication is required by law.
4.2 Vacation.
A. If the County considers vacation of any portion of the Right of Way during the Term
of this Franchise, the County shall give Grantee advance written notice of the same to allow
Grantee the opportunity to review and comment on the proposed vacation. Notice shall be provided
as indicated in Section 4.10.
B. If the County vacates all or portion of any County Rights-of-Way which is subject to
rights granted by this Franchise, and said vacation is for the purpose of acquiring the fee or other
property interest in said Rights-of-Way for the use of the County in either its proprietary or
governmental capacity, the Board may, at its option and by giving forty-five (45) days written
notice to Grantee, terminate this Franchise with reference to any County Rights-of-Way so vacated,
and the County shall not be liable for any damages or loss to Grantee by reason of such termination.
C. Whenever a County Right-of-Way or any portion thereof is vacated upon a finding
that it is not useful and the public will be benefited by the vacation, the County may retain an
easement in respect to the vacated land for the installation, construction, repair and maintenance of
public utilities and services which at the time of the vacation are specifically authorized under this
Franchise or physically located on a portion of the land being vacated, but only in accordance with
the provisions of RCW 36.87.140. The County shall not be liable for any damages or loss to
Grantee by reason of any such vacation.
4.3 Eminent Domain. This Franchise is subject to the power of eminent domain and
the right of the Board or the people acting for themselves through the initiative or referendum
process to repeal, amend, or modify this Franchise except as to the Core Franchise Terms described
in Section 1.2.E. In any proceeding under eminent domain, this Franchise itself shall have no
RESOLUTION NO. 15? ' ��j Page 13 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
value.
4.4 Revocation or Termination.
A. This Franchise may be revoked or terminated after written notice to Grantee of the
violation of the Franchise, a reasonable opportunity to cure, the Grantee's failure to adequately cure
the violation,and a hearing.
B. At the expiration of the term of this Franchise or upon its revocation or termination,
the County shall have the right to require Grantee to remove its Facilities within ninety (90) days
from the County Rights-of-Way except as otherwise provided by applicable law. Grantee shall be
liable for any costs incurred in removing any such Facilities of Grantee and restoring any County
Rights-of-Way. In removing its plant, structures and equipment, Grantee shall refill, at its own
expense, any excavation that is made by it and shall leave all Rights-of-Way, public places and
private property in as good condition as that prevailing prior to Grantee's removal of its equipment
without affecting the electrical or telephone cable wires or attachments. The indemnification and
insurance provisions and any letter of credit or performance bond shall remain in full force and
effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request,
compensation of any sort therefor.
C. With respect to any Facilities required to be removed from the Rights-of-Way by Grantee
under Section 4.4.B, above, if Grantee fails to remove such Facilities to the County's satisfaction in
the timeframe required Section 4.4.B or such longer time as permitted by the County, the County
may perform the work and collect the cost thereof from Grantee.
D. A revocation or termination of this Franchise shall not prejudice any other remedy
for breach of contract, damages, non-payment or otherwise which the County has under this
Franchise or under law.
4.5 Modification. The County and Grantee reserve the right to modify the terms and
conditions of this Franchise upon written agreement of both parties to such modification.
4.6 Future County Ordinances and Regulations. With respect to any period for
which this Franchise is in effect,and subject to Section 1.2.E,the County may adopt and enforce all
necessary and appropriate ordinances regulating the performance of the conditions of this
Franchise, including any valid ordinance made in the exercise of the County's police powers in the
interest of public safety and for the welfare of the public. The County shall have the authority at all
times to control by appropriate regulations the location, elevation, manner of installation,
construction and maintenance of any Facilities by Grantee. Grantee agrees to promptly conform to
all such regulations as if they were in effect at the time this Franchise was executed by the County,
unless compliance would cause Grantee to violate other requirements of law. With respect to any
period for which this Franchise is in effect, and notwithstanding anything to the contrary set forth in
this Section 4.6, in the event of any irreconcilable conflict or inconsistency between any such
ordinance or regulation(or any other provision of the County Code)and any Core Franchise Terms,
the Core Franchise Terms will govern and control. Further, nothing in this Section 4.6 or in any
other provision of this Franchise is intended, nor shall it be construed, to preclude Grantee from
RESOLUTION NO. 1�-4.5 Page 14 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
taking those actions that are required to discharge its public service obligations in accordance with
the Laws of the State of Washington.
4.7 Assignments or Transfers. Grantee shall not assign this Franchise without the
prior consent of the County, which consent shall not be unreasonably withheld or delayed. In no
event shall a sale, lease, sharing, transfer, assignment, or disposal of ownership, interest or control
be approved without the transferee acknowledging the obligations under the Franchise, becoming a
signatory to this Franchise and assuming all rights and obligations hereunder, and assuming all
other rights and obligations of the transferor to the County. Notwithstanding the foregoing, Grantee
shall have the right, without notice or written acceptance, to (a)mortgage its rights, benefits and
privileges in and under this Franchise for the benefit of bondholders or (b) sell, lease, transfer,
assign or dispose of ownership, interest or control between the existing owners of the Facilities.
4.8 Receivership and Foreclosure.
A. At the option of the County, subject to applicable law, this Franchise may be
revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over
and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other
action or proceeding, unless:
(1) The receivership or trusteeship is vacated within one hundred twenty (120)days
of appointment; or
(2) The receivers or trustees have, within one hundred twenty (120) days after their
election or appointment, fully complied with all the terms and provisions of this
Franchise, and have remedied all defaults under the Franchise. Additionally, the
receivers or trustees shall have executed an agreement duly approved by the court
having jurisdiction,by which the receivers or trustees assume and agree to be bound
by each and every term,provision and limitation of this Franchise.
B. If there is a foreclosure or other involuntary sale of the whole or any part of the
property and equipment of Grantee, the County may serve notice of revocation on Grantee and to
the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be
revoked thirty(30)days after service of such notice, unless:
(1) The County has approved the transfer of the Franchise, in accordance with the
procedures set forth in this Franchise and as provided by law;and
(2) The purchaser has covenanted and agreed with the County to assume and be
bound by all of the terms and conditions of this Franchise.
4.9 Incorporation and Annexation.
A. If any Rights-of-Way covered by this Franchise are incorporated into the limits of
any city or town, and except as otherwise provided by applicable law, this Franchise shall terminate
as to any Rights-of-Way within the corporate limits of such city or town; but this Franchise shall
continue as to County Rights-of-Way not incorporated into a city or town.
RESOLUTION NO. i O - 5 Page 15 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
B. If, pursuant to Article XI § 3 of the Washington Constitution, territory is stricken or
taken from the County and a new county is established from the territory taken from the County,
and except as otherwise provided by applicable law, this Franchise shall terminate as to any
Rights-of-Way within the territory so taken to establish the new county; but this Franchise shall
continue as to County Rights-of-Way not taken from the County.
4.10 Service of Notice. Except as provided herein, any notices required or permitted to
be given under this Franchise shall be deemed properly served when deposited with the United
States Postal Service, postage paid, addressed to the party to receive same.
Notice to the County shall be sent to:
Lewis County Public Works Department
Real Estate Services Division
2025 NE Kresky Ave
Chehalis, WA 98532
Notice to Grantee shall be sent to:
Puget Sound Energy, Inc.
2711 Pacific Ave SE
Olympia, WA 98501
Attention: Municipal Liaison Manager
With a copy to:
Grantee shall promptly notify the County of
Puget Sound Energy, Inc.
P.O. box 90868
Bellevue, WA 98009-0868
Attention: General Counsel any change in notice address.
4.11 Severability. The parties understand and agree that if a court holds any part, term,
or provision of this Franchise to be illegal, or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Franchise did not contain the particular invalid provision.
4.12 Dispute Resolution.
A. The Parties recognize that cooperation and communication are essential to resolving
issues quickly and efficiently. If any dispute arises in regard to the terms or conditions of this
Franchise, the Parties shall meet and engage in good faith discussions with the objective of settling
the dispute within ten (10) days after either Party requests such a meeting. If the Parties cannot
resolve the dispute within such ten (10) day period, the Parties will, upon the written request of
RESOLUTION NO. ‘$•225 Page 16 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
either Party, seek to resolve the dispute in accordance with the following dispute resolution process:
Level One—A representative from Grantee and the County's Public Works Director shall
meet to discuss and attempt to resolve the dispute in a timely manner. If these
representatives cannot resolve the dispute within fourteen (14) calendar days after referral
of the dispute to Level One, either Party may by written notice to the other Party refer the
dispute to Level Two.
Level Two — In the event either Party properly refers the dispute to Level Two, the Parties
shall refer the dispute to mediation using a mediator mutually agreeable to the parties. If the
parties cannot resolve the dispute through mediation within fourteen (14) calendar days
after referral of the dispute to Level Two, either Party may seek resolution of the dispute
through litigation or other judicial proceedings in a court of competent jurisdiction.
B. Notwithstanding Section 4.12.A or any other provision of this Franchise to the
contrary, if a dispute is related to either Party's obligations under this Franchise with respect to the
relocation, removal, decommissioning or abandonment of Grantee's Facilities within the County
Rights-of-Way or other action required to be taken by a Party under this Franchise, the dispute
resolution process shall not relieve either Party of the obligation to promptly comply with the
Franchise requirement. In such event, however, each Party reserves and will be deemed to have
reserved all rights in connection with the dispute notwithstanding such continued performance, and
the dispute process may proceed to determine responsibility for payment of the costs of compliance.
Further, with respect to any dispute arising under this Franchise, either Party may commence
litigation or other judicial proceedings within thirty (30) days prior to the date after which the
commencement of litigation could be barred by any applicable statute of limitations or other law,
rule, regulation, or order of similar import or in order to request injunctive or other equitable relief
necessary to prevent irreparable harm. In such event, the Parties will (except as may be prohibited
by judicial order)nevertheless continue to follow the procedures set forth in this Section 4.12,
4.13 Remedies. All remedies and penalties under this Franchise, including termination
of this Franchise, are cumulative, and the recovery or enforcement of one is not a bar to the
recovery or enforcement of any other such remedy or penalty. The remedies and penalties
contained in this Franchise, including termination of this Franchise, are not exclusive, and the each
party reserves the right to enforce the provisions of any ordinance or resolution and to avail itself of
any and all remedies available at law or in equity.
4.14 Nonwaiver of Rights. The County and Grantee agree that the excuse or
forgiveness of performance, or waiver of any provision(s) of this Franchise does not constitute a
waiver of such provision(s) or future performance, or prejudice the right of the waiving party to
enforce any of the provisions of this Franchise at a subsequent time.
4.15 Force Majeure. If Grantee is prevented or delayed in the performance of any of its
RESOLUTION NO. 1,2 - 225 Page 17 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
obligations under this Franchise by reason of a Force Majeure (as defined below), then Grantee's
performance shall be excused during a Force Majeure occurrence; provided, however, that all of
Grantee's obligations under this Franchise shall be immediately reinstated upon the termination or
removal of the Force Majeure occurrence. Upon removal or termination of the Force Majeure
occurrence, Grantee shall promptly perform its obligations in an orderly and expedited manner
using industry accepted best practices, including any obligations of Grantee under this Franchise to
repair or restore damage caused by Grantee's Facilities during the Force Majeure occurrence. As
used in this Franchise, the term "Force Majeure" means any event or circumstance (or combination
thereof) and the continuing effects of any such event or circumstance (whether or not such event or
circumstance was foreseeable or foreseen)that delays or prevents performance by Grantee of any of
its obligations under this Franchise, but only to the extent that and for so long as the event or
circumstance is beyond the reasonable control of Grantee, in spite of its skill, diligence and good
faith, and shall include, without limitation, all of the following: (1)acts of nature, including
volcanic eruption, landslide, earthquake, flood, lightning, tornado or other unusually severe storm
or environmental conditions, perils of the sea, wildfire or any other natural disaster; (2) acts of
public enemies, armed conflicts, act of foreign enemy, acts of terrorism (whether domestic or
foreign, state-sponsored or otherwise), war (whether declared or undeclared), blockade,
insurrection, riot, civil disturbance, revolution or sabotage; and (3)accidents or other casualty,
damage, loss or delay during transportation,explosions, fire, epidemics,quarantine or criminal acts.
4.16 Regulatory Requirements. This Franchise is subject to all regulatory requirements
of any federal or state agency having jurisdiction the Grantee or its Facilities and/or operations. In
the event of any irreconcilable conflict or inconsistency between the provisions of this Franchise
and such regulatory requirements, the regulatory requirements will govern and control.
4.17 Choice of Law. This Franchise has been and shall be construed as having been
made and delivered within the State of Washington, and it is agreed by each party hereto that this
Franchise shall be governed by the laws of the State of Washington, both as to its interpretation and
performance.
4.18 Jurisdiction. Any action at law, suit in equity,or judicial proceeding arising out of
this Franchise shall be instituted and maintained only in any of the courts of competent jurisdiction
in Lewis County, Washington.
4.19 Context. When consistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular number, and words in the singular
number include the plural number.
4.20 Entire Agreement. The parties agree that this Franchise is the complete expression
of the terms and conditions hereunder, and supersedes all prior agreements or proposals except as
specifically set forth herein. Any oral or written representations or understandings not incorporated
herein are specifically excluded. This Franchise is executed in duplicate originals and executed by
RESOLUTION NO. - D5 Page 18 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
the persons signing below who warrant that they have the authority to execute this Franchise.
4.21 Familiarity with Franchise. The Grantee acknowledges and warrants by
acceptance of the rights, privileges and agreements granted herein, that it has carefully read and
fully comprehends the terms and conditions of this Franchise and is willing to and does accept all
lawful and reasonable risks of the meaning of the provisions,terms and conditions herein.
RESOLUTION NO. 19 95 Page 19 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
DONE IN OPEN SESSION this 9 day of riltitj. , a-018' .
ACCEPTANCE: BOARD OF COUNTY COMMISSIONERS
Lewis County, Washington
Puget Sound Energy
Grante-
By: -i /In-Q D 1 -i J. Fund,Chair,
(Authorized Signatory& epresentative) /
Its: Director of Planning
Robert C. Jackson. Vice Chair
ATTEST:
/„ Gary Sta per,Commissioner
Clerk of the Board f'�—�
APPROVED AS TO FORM:
Jonathan I ■∎4 • - ' osecuting Attorney •,•••••
•
'-� � •T' 1SCOUNDt�••
B • ��7% • `�i,�6ARD O�'/a�,••
Ci ' Pep • O/ \0••
• '1 SINCE o•
* 1
�8 1845 /7'6
.'4'+V "4 1/11\ger,../e4:
RESOLUTION NO. 15 '226 Page 20 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
I
EXHIBIT A
Avery Rd W .q f;; 9 -~
P Avet RdE •...tLn
m LarmonRd
,--- 03 a 2 /? '
'O? ,2_ a. L. Yatt- Ln ` 2 !/gh, '�((i
m Mande m S Pre i.ie G.10° " '�3
�0 7z Y
Antrim R.. a eierRdE 7 ..' f
c
f 2 ro c • ler J In m 111 a a
'n an Or ~ ,/� K
� n 0
ingd rd Rd K Park Rd o g tir
'.Oyler Rc 4
:a z d /
z rn a neon Rd
a rt.'.
T 4 J
Irv-r $ ,�
W
wipr J
f^� Gray Rd 1
U
yi ;7
I
ePro
V ce 'ina Tree Rd
II
/ .2 V
J JI
_./-
q
A. . J F� {
( ,c y .rp 111 r r y 1jJ r`� 11- \k I e R Z,,�
t:a Iiili5 -., .„._.7
rc fil,--:,..%.
!+ rl ., �
• 4a y '� a `... ,4 -- �"./ Hurst 4,
m }
33 .1 Cs " ry (.— a i•
p Eadon-.
. Aroiedo leader-. .0 }' / 1 r ,� a on Rd
° 4
a F !, rr E
• �` .•.4.• f!✓ c e D•ampletor Rd
/tl `T N7+ J S.1 J l
• 'I �i1- ;\: . d L State '9 QS' it ce
rr r tt q, fl Ile ry u m j` m r C%
RESOLUTION NO. Page 21 of 21
NONEXCLUSIVE FRANCHISE
April 24,2018
Continued Exhibit A
Jackson Prairie Legal Description;
Those portions of Sections 4, 5, 6, 9, 8, 7, 16, 17, 18 19, 20, 21, 22, 26, 27, 28, 33, 34, 35 Township 12
North, Range 1 West, W.M. and Sections 12, 13, 24 in Township 12 North, Range 2 West, W.M. and
Sections 2, 3,4 Township 11N, Range 1 West, W.M all lying within Lewis County, State of Washington. In
Which Puget Sound Energy, Avista Corp. and Northwest Pipeline, GP operates their Jackson Prairie
Gas Storage Project.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jul 09, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Approving a franchise to Puget Sound Energy Inc., to replace their existing franchise, to construct, operate and
maintain water mains and cathodic protection cables in Lewis County road rights of way
Contact Tim Fife Phone: 2697
Department: Public Works
Action Needed: Approve Resolution
Description
Lewis County Code 12.20 and RCW 36.55 require that all utility installations in county road rights of way be
authorized by a franchise from Lewis County. An application for a franchise has been received by the Board of
County Commissioners (BOCC) from Puget Sound Energy Inc., to replace their existing franchise, to construct,
operate and maintain water mains and cathodic protection cables in Lewis County road rights of way. The
application and all related materials have been reviewed and found appropriate for further proceedings.
A hearing was set by Resolution No. 18-192 dated June 18, 2018, and all required notices were given to the
public.
Public Works recommends approval of the Resolution to grant a Franchise to Puget Sound Energy Inc., to
replace their existing franchise, to construct, operate and maintain water mains and cathodic protection cables in
Lewis County road rights of way.
Publication Requirements:
Approvals:
Hearing Date: Jul 09, 2018
User Group Status Publications:
BOCC Pending
Prosecutor Pending Publication Dates:
Martin,Erik Pending
Additional Copies
Kim Amrine
Fiscal
Martin Roy
Greg Snelson
104052 Notlde Of Heating
PSE Franchise five years.
The application and all
NOTICE OF HEARING related materials have
been reviewed by the
NOTICE IS HEREBY GIV- 6OCC and found appropri-
EN that the Board of ate for further proceedings.
Copy , A hearing on the non-
Lewis County' Washington ice.ft# hiss will be
(BOCC), has received an „ Std elf tl`ie tIJ1t diy of July,
vocation for a non- 18,at or after the hour of
ext lve franchise from : a.m.,in the Cornmis-
p� god y inc:, °sioraets Hearing Room on
the 2nd floor.of the Historic.
franchise to construct. cp. CourthOuse in Chehalis,,,
Orate and maintain water Washirlgt�On, when and-,
mains
at andoathilidic pratao- where aN persons may.
tion Cables located wfinsi appear and be heard
Wanting of the upon
way in the See-
mines-
. RCW 36.55.040 requires
Those Pollions of Sections that notice of hearing be
4,5, ,9,t3,.7, 1e. 17,:id, P in three -1 ..
AFFIDAVIT 19, 20,21,22,20, 27,20,1., tN .+}tt .00oniY••
OF PUBLICATION flerore y fixed
STATE OF WASHINGTON and Sec tlons 12, 13, mare*. .
4 in Township 12 , ed go v104501al
E 2 West, W.M. and ne 'aper 040 own*,
COUNTY OF LEWIS the last publiaasfon'to be
2, 3. 4 Town not less than 8.days.Oefore
ltN,.> I Wei.1l}titl the day f6ced for hearing.
Amanda Curry,and/or Kim Proffitt,says that she is the legal t Dated:Junta t,8,2018
clerk of Rieya Lester Mkt Puget Clerk of the Lewis
gy,Av1Sta Ct p.ana N4 - County Board w
tAflt ri ems*Commisioners
The franchise . Published:The Chronicle
a semi-weekly newspaper,which has been established,published .sidersd Is � of .June 19&28,2018
in the English language,and circulated continuously as a
semi-weekly newspaper in the City of Centralia,and in Lewis
County,Washington,general circulation in Lewis County for
more than six(6)months prior to the date of the first publication
of the notice hereto attached,and that the said Chronicle was on
the 7th day of July 1941,approved as a legal newspaper by the
Superior Court of said Lewis County.And that the attached is a
true copy and was published in regular issues(and not in
supplement form)of said newspaper as LEGAL#104652
RE:Notice Of Hearing-PSE franchise ��//,,,,
once each for a period of 21
commencing on 06/19/2018 and ending on 06/26/2018
and both regularly distributed to its subscribers during all of said
period.That the full amount of the fee charged for the foregoing
p r.bWLcA ation is the sum of$60.04
Cwr'vi
Sub '••.• and sworn to before me 06/26_9'018
-,.:∎.,_ Sgt a. 1
R�ollif91/1o/
No . Public in and for the State of Washington, ‘N [\IR/� s,
residing at ,. �• • Xp �, e
•2kkLL ) o .� �,1
fe ••••.fEB,Z`;/*c.,'�y"►
��'r,.`S'.41E 11F `'•
-P W N) — 0 (0 CO -1 Cn W Ni -v *
(' y
n
O
0
c
,,-+
-< 1
C Z
z �\ z !/�
} g I
m
H m
Lk)
s u'
m )H-■,t
° * O
v Z XI
.-+ O
O
D
N
O CDD PI1
rD r
;*
fD
CL 2 D-
v n n
O o rD
z Z
5- m - m
a
a 7o
O m
r1 c
c c-
3 Z
rD
3 0
a)
-< z
cr
riD
m
- 7
n
1\) Fi
m
o Z
- CI )
c V
__ 0
C
CL
L7)
n ti
O
c
r-
ma
n Q
rNv D
in 0
rn 0
o m
v
o N