Chapter 16.31
FRANCHISE AND LICENSE REQUIREMENTS
Sections:
16.31.020 Application requirements.
16.31.030 Transfer of ownership or control.
16.31.040 Forward to Public Works.
16.31.080 Approval of alteration or revision.
16.31.090 Liability for construction or maintenance.
16.31.010 Authority.
This chapter is enacted pursuant to Cowlitz County’s (County) authority to franchise or license County rights-of-way, roads and bridges, and other County properties for placement of public and private improvements and utilities, as contained in Chapters 36.55, 36.32 and 36.34 RCW, and other Cowlitz County Code (CCC) and County policies associated herewith, including CCC Title 12, Roads. The Board of Commissioners, by and through its public works department, shall interpret and apply this chapter in association with such other laws, and County policies and codes. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.020 Application requirements.
A. Application for franchises and licenses shall be submitted to Cowlitz County (1) on County rights-of-way, roads and bridges pursuant to RCW 36.55.040 and CCC Title 12, and (2) on other County properties pursuant to Chapter 36.34 RCW and policies and procedures on property management on file with the Cowlitz County Board of Commissioners.
B. Every franchise or license application submitted to the County shall be subject to administrative franchising or licensing application and processing fees.
C. Every franchising or licensing application submitted to the County must also be accompanied by a locational map and description of the proposed utility or installation. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.030 Transfer of ownership or control.
A. A franchise or license 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 to ensure a review of circumstances not present at the time of the adoption of the original franchise or license. County’s approval shall not be unreasonably withheld. Such costs associated with this review and processing shall be fully reimbursed to the County by a new prospective franchisee or licensee as a condition of approval.
B. An assignment of a franchise or license 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, singularly or collectively, are obtained by other parties. The word “control” as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised.
C. A franchisee or licensee shall promptly notify the County prior to any proposed change in, or transfer of or acquisition by any other party of control of a franchisee’s or licensee’s company. Every change, transfer, or acquisition by any other party of control of a franchisee’s or licensee’s company shall cause a review of the proposed transfer. In the event that the County adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the County may cancel the franchise or license. Approval shall not be required for mortgaging purposes or if said transfer is from a franchisee or licensee to another person or entity controlling, controlled by, or under common control with a franchisee or licensee.
D. Application for transfer of ownership or control shall be submitted to the Cowlitz County Board of County Commissioners.
E. Every franchise or license application for transfer of ownership submitted to the County shall be accompanied by a franchise or license transfer of ownership administrative fee.
F. Regardless of the circumstances, a franchisee or licensee shall promptly notify the County prior to any proposed name change of the franchisee’s or licensee’s company. In the event that the County approves a resolution withholding its consent to the name change within 60 days of receipt of notice thereof, the County may cancel the franchise or license unless the parties to such change reverse its effects within 60 days after the County notifies the franchisee or licensee of its intent to cancel the franchise or license hereunder. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.040 Forward to Public Works.
Upon receipt of franchise or license application, application fee, and map and description of the proposed utility or installation, or application for transfer of ownership and transfer of ownership fee, the Clerk of the Board shall forward a complete copy to the County Engineer. Review and approval of any franchise or license under this chapter shall be in accordance with (1) CCC Title 12 for County rights-of-way, roads and bridges, and (2) for other County properties in accordance with its policies and procedures on property management, and (3) for all properties in accordance with Cowlitz County utility accommodation policy, where applicable. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.050 Time limit.
If within 30 days of the granting of such franchise or license the grantee shall have failed to both reimburse the County for its administrative costs in processing the franchise, and execute and return a written acceptance of same, then the granted rights and privileges therein shall be deemed forfeited, and the franchise or license declared null and void. There shall be a time limit imposed upon initiating and completing the construction of any facility or utility granted by franchise or license on any County right-of-way, road or bridge, or on other County properties. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.060 Surety bonds.
A surety bond or like financial assurance shall be posted at the time of granting a franchise or license for any facility or utility upon a County right-of-way, road or bridge, or any other County property to ensure replacement and restoration of any County right-of-way, road or bridge, or other County property 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 Board of County Commissioners. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.070 Inspection.
There shall be adequate inspection and reporting by an inspector approved by the County, and at franchisee’s or licensee’s cost, who shall be responsible to the County Engineer, for all construction of any facility or utility in and upon any County right-of-way, road or bridge, or other County property. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.080 Approval of alteration or revision.
No alteration or revisions of plans as submitted at the time of granting a franchise or license shall be permitted by a person or persons, or any franchise-holder or licensee, unless prior approval is requested in writing and thereafter obtained from the County Engineer. Notwithstanding any other terms of such franchise or license appearing to the contrary, a franchisee or licensee shall be subject to the police power of the County to adopt and enforce laws necessary to protect the health, safety and welfare of the general public in relation to the rights granted in such franchise or license. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]
16.31.090 Liability for construction or maintenance.
The foregoing regulations are not to be construed as relieving the franchise holder or licensee of any responsibility or liability for the construction, reconstruction, restoration, repair or maintenance of such facilities or utilities as the franchise or license may grant. [Ord. 19-114 § 2 (Exh. A), 11-5-19.]