The purpose of this chapter is to regulate the granting of county right-of-way franchises for public and private utilities, and to ensure consistency of such franchises with Whatcom County comprehensive plan, sound engineering and design standards, health and sanitation regulations, and the public interest.
(Ord. 2024-024 Exh. A)
This chapter is enacted pursuant to authority contained in Chapter 36.55 RCW and Whatcom County Charter Section 9.30.
(Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
All utilities with facilities within Whatcom County road rights-of-way and/or bridges, whether or not the utility holds a franchise from Whatcom County, shall comply with the provisions of this chapter and with all applicable federal, state, and local laws, codes, rules and regulations.
(Ord. 2024-024 Exh. A)
A. 
Application for franchises on county roads and bridges shall be submitted in the form approved by the county engineer to the Whatcom County department of public works.
B. 
Every application for franchise shall be accompanied by a franchise application fee as set forth in the current Whatcom County Unified Fee Schedule.
C. 
Every application for franchise must include a sketch of the proposed installation.
(Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
A. 
The Whatcom County department of public works shall be responsible for the administration and enforcement of franchises.
B. 
In accordance with RCW 36.55.040, the Whatcom County council shall set a time and place for a public hearing on each franchise application. The council shall post notice of such hearing in three public places 15 days before the hearing and publish notice twice in the official county newspaper, the last publication to be not less than five days prior to the hearing date pursuant to the provisions of RCW 36.55.040.
(Ord. 2024-024 Exh. A)
The Whatcom County department of public works will prepare a proposed ordinance granting the franchise for consideration by the county council.
(Formerly 12.24.041; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
There shall be submitted to the director of Whatcom County public works or the county engineer three copies of the final plans, specifications or special provisions of the proposed installation, at the time of the granting of a franchise.
(Formerly 12.24.070; prior code § 4.44.020; Ord. 93-066 Exh. A; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
There shall be a time limit imposed upon the construction of any facility granted by franchise on any county road or bridge, subject to the approval of the county engineer.
(Formerly 12.24.030; prior code § 4.44.030; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
There shall be a surety bond posted at the time of granting a franchise for any facility upon a county road or bridge to ensure replacement of any county road or bridge to its original condition and shall be in an amount not less than 10 percent of the total estimate of the proposed installation and releasable only by the county engineer.
(Formerly 12.24.040; prior code § 4.44.040; Ord. 93-066 Exh. A; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
There shall be adequate inspection by an inspector approved by the county engineer who shall be responsible to the county engineer for all construction of any facility upon any county road or bridge.
(Formerly 12.24.050; prior code § 4.44.050; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
No alteration or revisions of plans as submitted at the time of granting a franchise shall be permitted by a person or persons, or any franchise holder, unless prior approval is requested and submitted to the county engineer.
(Formerly 12.24.060; prior code § 4.44.060; Ord. 93-066 Exh. A; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
The foregoing regulations are not to be construed as relieving the franchise holder of any responsibility or liability for the construction, reconstruction, or maintenance of such facilities as the franchise may grant.
(Formerly 12.24.070; prior code § 4.44.070; Ord. 2004-022; Ord. 2008-005 Exh. A; Ord. 2024-024 Exh. A)
A. 
A franchise granted under this chapter shall not be sold, transferred, leased, assigned or disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise, unless approval is granted by the county council to ensure a review of circumstances not present at the time of the adoption of the original franchise. The council's approval shall not be unreasonably withheld. Such costs associated with this review process shall be reimbursed to the county public works department by a new prospective franchisee.
B. 
An assignment of a franchise shall be deemed to occur if there is an actual change in control or where ownership of 50 percent or more of the beneficial interests, singly or collectively, are obtained by other parties. The word "control" as use herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised.
C. 
A franchisee shall promptly notify the county engineer prior to any proposed change in, or transfer of or acquisition by any other party of, control of a franchisee's company. Every change, transfer, or acquisition by any other party of control of a franchisee's company shall cause a review of the proposed transfer. In the event that the county council adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the county may cancel the franchise. Approval shall not be required for mortgaging purposes or if said transfer is from a franchisee to another person or entity controlling, controlled by, or under common control with a franchisee.
D. 
Application for transfer of ownership or control shall be submitted to the Whatcom County department of public works.
E. 
Every franchise application for transfer of ownership submitted to the Whatcom County department of public works and presented to the county council shall be accompanied by a franchise transfer of ownership fee as set forth in the current Whatcom County Unified Fee Schedule.
F. 
Regardless of the circumstances, a franchisee shall promptly notify the county prior to any proposed name change of the franchisee's company. In the event that the county council approves a resolution withholding its consent to the name change within 60 days of receipt of notice thereof, the county may cancel the franchise unless the parties to such change reverse its effects within 60 days after the county notifies the franchisee of its intent to cancel the franchise hereunder.
(Ord. 2024-024 Exh. A)
A franchise granted by Whatcom County to use or occupy rights-of-way may be revoked for any one or more of the following reasons:
A. 
Construction or operation at an unauthorized location.
B. 
Misrepresentation by or on behalf of a grantee in any application to the county.
C. 
Failure to relocate or remove facilities as required in this chapter.
D. 
Failure to pay taxes, compensation, fees, or costs when and as due the county.
E. 
Insolvency or bankruptcy of the grantee.
F. 
Violation of a material provision of this chapter.
G. 
Violation of a material term of the franchise.
(Ord. 2024-024 Exh. A)
Nothing in this chapter shall be construed as limiting any judicial remedies that the county may have, at law or in equity, for enforcement of this chapter.
(Ord. 2024-024 Exh. A)
Where the requirements of this chapter are also covered in any other law, ordinance, resolution, rule, or regulation of any kind, the more restrictive shall govern.
(Ord. 2024-024 Exh. A)
If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person is, for any reason, declared invalid, in whole or in part, by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 2024-024 Exh. A)