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Public Utilities in County Rights-of-Way

Public Utilities in County Rights-of-Way. CHRIS MUDGETT, P.E. County Road Administration Board MARYA SILVERNALE, J.D. Municipal Research & Services Center The 1997 Washington Public Works Design Conference October 16, 1997. Introduction. Overview of issues Group discussion.

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Public Utilities in County Rights-of-Way

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  1. Public Utilities in County Rights-of-Way CHRIS MUDGETT, P.E. County Road Administration Board MARYA SILVERNALE, J.D. Municipal Research & Services Center The 1997 Washington Public Works Design Conference October 16, 1997

  2. Introduction • Overview of issues • Group discussion

  3. Topics of Discussion • Maps of Definite Locations • Utility Accommodation Policy • Franchises on County Rights-of-Way • Utility Relocations to Accommodate Road Construction and Improvements • Factors in Cost Responsibility • Avoiding Utility Relocation Delays in County Public Works Contracts

  4. Maps of Definite Locations • Who is responsible for locating utilities? • Where is the information?

  5. Utility Accommodation Policy • Does your agency have one? • Status of county compliance with WAC 136-40

  6. Utility Accommodation Policy • Issues to consider addressing in the policy • No release of hazardous substances • No abandonment in place • Maintenance of clear zone • County not responsible for damage of obscured structures • Notification policies and practices

  7. Utility Accommodation Policy • Sample Utility Accommodation Policy • Other joint use agreements

  8. Franchises on County Rights-of-Way • Authority per RCW 36.55 • Sample Utility Franchise Agreement • Including terms and conditions for use of the public right-of-way • Watch for new federal and state laws • Especially related to new technologies

  9. Utility Relocations to Accommodate Road Construction and Improvements • Responsibility for cost of relocations • Generally, the utility is responsible for the costs of relocation (RCW 36.55.060)

  10. Utility Relocations to Accommodate Road Construction and Improvements • Case law and recent legal developments • Sundquist Homes v. PUD No. 1 of Snohomish County • Clark County v. PUD of Clark County • Pierce County, et al, v. U.S. West Communications • GTE v. City of Bothell

  11. Factors in Cost Responsibility • Easement rights • Franchise language • Local ordinances regulating public right-of-way • Local utility accommodation policy • Utility tariffs filed with WUTC • State and federal law

  12. Avoiding Utility Relocation Delays in County Public Works Projects • Early notice programs • Design solutions • Jointly bid projects with interlocal agreements for inclusion of utility relocation work • Sample interlocal agreement for utility relocation (at utility expense) in connection with county road project

  13. Avoiding Utility Relocation Delays in County Public Works Projects • Contractual allocation of responsibility -- special provisions • Limitations of ability to contractually allocate liability for damages (RCW 4.24.115)

  14. What If There Are Problems? • Practical advice on dealing with your attorney

  15. Questions - Comments - Discussion

  16. Summary • Careful planning and attention to details can avoid or minimize utility conflicts and/or delays in county public works projects • On-going communication with utility purveyors can strengthen relationships necessary to deal with construction project issues

  17. Summary • Draft contract language to anticipate potential problems and clearly assign responsibility • Provide all available information to contractors

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