Loading...
Franchise - EXPIRED ISEFUKC TtiE liUAl{t) UI- COUN'f Y CUMMISSIONS OF - SNUr:ANE (:OUNT Y, WASIi I NGTUN ~ ~ In the Matter of the,aNNlication of ) / 21 THE C[TY UF SPUKANF for a franchise ) r v to construct, oNerate and maintain a sanitary sewer system in, over, ) . alony and under County Roads, highways ) F R A N C H'I S E and other County property in Spokane ) County, Washingtion ) Application of THE CITY OF SPOKNNE doing business in Washington, at Spokane, for a franchise to construct, operate and maintain a sanitary sewer system in, over along and under County Roads, highways and other County property in Spokane County, Washington, as hereinafter set forth, having come on regularly for hearing before the County Comnissioners of.Spokane County, Washington, on the 18th day of December, 1984, at the hour of 10 o'clock A,M., under the provisions of Chapter.187, State Sessions Laws of 1937, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to grant the franchise herein granted; NOW THEKEFORE: -IT IS ORDERED, that a franchise be and the same is hereby given and granted to THE CITY OF SPOKANE, doing business in the State of Washington at Spokane, its successors and i gns, hereinafter referred to as the "Grantee", for a period of twenty five (25) y ears f and after the date of the entry of this order, to construct,_ operate and maintain a sanitary sewer system in, under, along and-over the following described,pu,blic County roads- and County property in Spokane County, Washington, to-wit: All those public County roads and County property herein ]isted:as follows: See Attachment "A" This franchise is granted upon the following express terms an conditions, to-wit: I ` . . THE CITY OF SPOKANE, its successors and assigns (hereinafter designated as the "Grantee") shall have the right and authority to en-ter upon the County roads, rights of way and other Countjr property herein listed for the purpose of constructing and installing its sewer distributjon system and all necessary facilities connected therewith (hereinafter referred to as the "distribution system") and for repairing, operating, maintaining, removing and replacing all or any portion of its distribution system: II. All const ruction and installation work where crossing County roads'or rights of way or other County property outside of the corporate limits of any incorporated town shall be submitted for the approval of and pass the inspection of the County Engineer. III. Prior to conMnencement of construction of any portion of said sewer systeni, Lhe yrantee shall First file with the Cr}unty Engineer its plans and specifications in duNlicate shuwiriy tne position, depth and location of all lines and facilities sought to be constructed, laiii, installed or erected at that tfine, sfiowiny their relative position to existiny County r•Oads, !-iyhts of way or• other County Nroperty uNon plans drawn to scale. _ r The sewer sy,stem st►all be itistalled in coiitormity with said plans, exc:eNt in insUnces in which dewiation inay ht a1Ioweci thPreafter in writiny by the County Enyineor Nursuant ts.i aNp i i c.at i on by yrantee. 1 he dl ans aricl spec i f'i c at i ons sha 11 speci fy the c 1 ass anci Lype ut inaterial and equipment to be usiacf-, mdnnrr of exravation, construction, installation, bac:ti fi i 1 1 , ereCt i on of l.vmpurary s tructurvs, erP%. t i o n of peruidnent strkictures, i rdf'flc contrul traffic turnouts ar,(i road oh5truct, iun-i, #Ai.. IINon comNletion uf sur,h constriji-tion, a set. ►it 'u i'l C Pl ans" skid1 I r,r. t i 1 ed w i l.h c. ht• t'ot,rit. y 1 nyi neer. ~v . ~ ..."rv . . . . ' . C. . . . a , . ' No such construction shall be coriviienced without the grantee first securiny a written permit froin the L'ounty'Enyineer, includiny dpproval endorsed on one set of Nlans and specifications returned to the grantee. Al1 such work shall be done slabject to the approval. of and shall pass-the inspection of the County Engineer. Iv, . : In any work which reyuires breaking of surface of the County roads, rights of way, or other County property subject to this f ranchise for the purpose of layiny, relaying, con- necting, disconnecting and repairing the said sewer system, and making connections between the*same to structures and buildings of conswners or making 'connections to other facilities , of the grantee now in existence of hereafter constructed, the grantee shall be governed by and conform to the general rules now existiny or hereafter adopted by the officers charged with the supervision and care of such County roads, rights of way and other County property; and the grantee at its own expense and with all convenient speed shall complete the work for which the surface has been broken and forthwith replace the work and make good the County road, right of way, or County property and leave same in as good condition as before the work commenced; provided, however, that no such breaking of the surface on the County roads, right of way or other County property shall be done prior to the filing of its plans with the County Engineer; provided, however, that in cases of emergency arising out of office hour.s when an immediate excavation may be necessary for protection of private or public property the same shall be reported to the County Sheriff. Plans for the restoration of the- County road, right of way or other property.to the same condition as it was prior to such breaking shall be filed with the County Engineer.. The County Comnissioners upon notice to the grantee may at any time order or have done any and al] work that they consider necessary to restore to a safe condition any such County road, right of way or other County property left by the grantee or its a'gents in a condition dangerous to life and/or property, and the grantee upon demand shall pay to the County all costs of such work. V. All sewer distribution lines and facilities constructed, operated.and,maintained across County roads, rights of way or other County property as covered by this franchise shall be ~ constructed, operated and maintained in compliance with the Standards of the American Public Works association. All construction or installation of such lines and facilities, service repair, or relocation of the same, performed along or under the County roads, rights of way or other County property subject to this franchise shall be done in such a manner as not to interfere with the construction and maintenance of othet^ utilities, public or private, ' drain, drainage ditches and structures, irrigation ditches and stru tures located therein, nor with the grading or improvernent of such County*roads, rights.g. way or other County property. A1l utilities, public or private, actua]ly installed in such County roads, rights . of way or other County property prior in time to the installation of the lines and facilities of the grantee shall have preference as to the positioning and loeation of such utilities so installed with respect to the grantee. -Such preference shall continue in the event of the necessity of relocation or changing the grade of any such County road or right of way. , VI. All work done under this franchise shall be done in a thorough and workmanlike manner. In the laying of sewer lines and the construction of other facilities and the openiny of trenches, the tunneling under County roads, rights of way and other County property, the grantee shall leave the trenches, ditches and tunnels in such a way as to interfere as li as possible with public travel and shall take a11 due and necessary precautions to gu the same so that damaye or injury shall not occur or arise by reason of such work; and where any of such trenches, ditches or tunne]s are left open at night, the grantee shall piace warning lights and barricades at such a position as to give adequate warning of such dork. The grantee shall be liable for any injury to person or persons or dainage to property sustained through its carelessness or neglect, or through any failure to properly yuard or give warniny of any trenches, ditches or tunnels duy or obstructions placed by the grantee. VI I. The County in granting this franchise cioes not waive any riyht which it now has or may iereafter acquire with respect to County ruads, riyht of way or other County Nroperty an,d this franchise shall not be construed to deprive the County of any powers, r.ights or Nrivil- eges which it now has or may hereafter acquire to reyulate the use of and to control the County roads, rights of way or other County Nroperty cuvered by tliis fran.chi'se. . . , - Vlll. If, at any tiiiie, the County shall imNrove or change any County road, right of way or thpr County property subject to this Franchise by yradiny ur reyrddiny, Nlankiny or pavjny ie ne, changes.of grade, altering, chanyiny, repairing or relocatiny the same or by 3na,.,jctiny drainaye facilities, the yrantee uNon written notice from the County Enyineer iall, at its sole expense, with al.l convenient speed change the location or readjust the levation of its sewer distribution system and other facilities so that the sarne shall not - iterfere with.such County work and so that.such lines and facilities shall conform to such ?w yrades or routes as may be established. The County shall in no way be held liable for iy damages to said grantee that may occur by reason of any of the County°s improvernents, ianges or works above enurnerated, except for damage caused by negligence of the County°s npi oyees or agents. All work performed by the grantee under this section shall pass the inspection of the.~ )unty Engineer. The grantee shall pay all reasonable costs of the-expense. incurred in the (amination, inspectlon and approval of such work, At such time as the roadways covered by this franchise are scheduled to be paved, the ^antee upon notice from the County Engineer, shall within twenty (20) days, install sewer ?rvices to the property line of all lots or properties abutting the roadway to be paved, . id extend the sewer main as necessary and practicable to avoid future pavement cutting. . IXo The laying, construction, operation and maintenance of the grantee°s sewer system ithorized by this f ranchise.shall not preclude'the County, its agents, or its contractors •om blasting, grading, excavating, or doing other necessary roadwork contiguous to the said ine$ and facilities of the grantee, providing that the grantee shall be given not less than ifi (15) days notice of said blasting or other work in order that the grantee may •oi i ts 1 i nes and faci 1 i t i es ; provi ded furthers that in the event of an emergency as ?termined by the County Engineer, the grantee shall be given forty-eight (48) hours )ti ce, . Xo Before any work is performed under this franchise which may affect any existing monu- . :nts or markers of any nature relating to subdivisiona plats,.roads, and all other surveysa ie grantee shall reference all such monuments and markers. The reference points shall be . ~ ~ located that they will not be disturbed during the grantee„°s operations under this fran- iise.. The method of referencing these monuments or other points to be refe'renced shall be ' )praved by the County Engineer. The replacement of all such monuments or markers disturbed iring const ruction shall be made as expeditiously as the conditions permit9 and as directed ► the County Engineer. The cost of monuments or other markers lost, destroyed or dis- irbed, and the expens.e of replacement of approved monuments shall be-borne by the granteee ie grantee shall file a complete set of reference notes to nomuments and other marker ties iich have been re-established or disturbed. XIo If,. at any time, the County shall vacate any County road, right of way or other County -operty which is subject to rights granted by this franchise and said vacation shall be for ie purpose of acquiring the fee or other property interest in said roado right of way of her County property .for the use of the County9 either in its proprietary or governmental pi y, then the Board of County Commissioners may at their option and by giving thirty .0; ys written notice to the grantee, terminate this franchise with reference to such -unty road, right of way or other County property so vacated and the County shall not be able for any damaye.or loss to the grantee by reason of such termination; provideds how- er, that if the County can provide an alternate route across other County property, roads, rights of way9 the County shall do so within a reasonable time prior to such termination, being understood and agreeci that the yrantee shall pay all costs of changing and re- uting its distribution system. - a► X1I. The grantee hereby agrees to Nrotect and save harmless the County of Spokane froin any d all claims, actions or damayes of every kind and.description which may be asserted Iainst such County by reason of thc yrantee"s acts in connection with the construction, -eration and maintenance of said distrib«tion.system. In case that suit or action is agai ns t the County fior dainayes ari s i ny out of or by reason of the above-ment i oned us , the grantee will ijpon notice to it af the conynencement of said action defend the :lne at its sole cost and• expense. In casf? a final judyment shall be renderecl ayainst tile ,unty in such suit or action, the yrantt~E will fully satisfy said . .j'udgnrunt ,ri tliLu ni . , ~ Jdy I 1: c.k-r said suit or. .iet i1) n 51iii1. • . I y bL.L!11 cl~~tit r- mlcierl Uy il tri.al c:uurt, ur appe►i-ate cuurt, or cuurts if appeal taken, ir dQterinined adversely tu the County. Upon brdLitee's fatliire to satLsfy said L'inal. jucibinent witt►in. the . ninety (90). day period, tlie Board Uf. . County Commissiunecs may upon due notice trrininate . this.franehise and the County shall have a lien upon the distrtbutiun system whicli may be en- dorsed agaiiist the proper[y fUr ttie full amotint of any such final judgment so taken against CounCy. Acceptance by the County of any work pecformed by Clie grantee at the Ciine of completion. shall not be aground for avoiciance of this covenant0 The grdntee shall obtain and keep in. force during the term of the fcatichise, public liability and property damage insurailce. with companies holding a valid and subsisting. cer- Cificatea of auttiority to engage in busiiiess of insurance in this state as provided by • Chapter 48.05 KCW. The amount of coverage shall be not less than one million dollats ($19400,000) combined single limit. Spokane County stiall be specifical,y named as addi[ion-=' al insured by endorsement to the policy. XIII. This franchise shall not be deemed to be an exclusive franchise.. It shall in no manner prohibit the County froa► granting other franchises of a like nature or franchises for other public or private utiltties under, along, across, over and upon any of the County roads, rights of way or other County property subjecC ro Chis franchise and ehall in no ways pre- vent or prohibit the County Erom constructing, altering, maintaining or using any of eaid xoads, rights oF way, drainage structures.og facilities, irrigation etructures or facil- ities, or any other County property or affecC its.juriediction over them with full power.to make all neceseary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. , XIV. All provisions, conditions, regulaCions and requiremeats herein contained shall be binding upon the succesors and assigns of the grantee, end all privileges as well as all obllgaCiona and liabilitiee of the grantee shall insure Co its succeasors; and assigns equally as if they were apecifically mentioned wheaceerer the grantee ia mentionedo . XVo - The grantee, its successors and asaigns shall have the right to sell, transfer or . assign this franchise upon giving written notice to do so gixty (60) days in advance of [he. date of any proposed transfer to the Board of County Coomoiseioners. . XVY. . It is understood that, in the event any of the-County roads or rights of way as desig- nated in Chis franchise which, by reason of the subsequent incorporatlon of any city or town, or extension of the limits, then the control of the Cnunty with respect to thie fran- chiae shall be at an end and shal.l terminate as to euch roads and rights of way so inciuded within such city or town limitsa . XVIIo This franchise shall supercede and cancet any pacevioue right or claim of gcantee to . occupy the County roads as herein described. XVI'C t o • For and in coneideration of the rights and privileges herein set Eortli, the grantee agrees that Spokane County has tlte right during the term of this franchise, by ordinatice or . resolution, to impose feea fur tlie rights and privileges granted. The Board of Commission-. ers of Spokane Cotinty agrees to provide Chirty (30) days written notice priur to thz iinposi- . tion of this fee tn order to negotiate [he actual rate to be:assessed.and paymeilt schedule. OThe assessment cate and payinent schedule may be based on factors dztermiiied by the Board of. Commisstoners of Spokane County ancj may tncltade grobs revenueK dzcived from monthly service charges paid by subscribers toeated within Spokane County aoid may iiictude revenlees received as installation charges ancl feeti For reconnecttone, inspecCions, repatre or modif i- cations of any tnstallation in the areas 5erved by this franchise. Or, (4) . . • , ; the Jee'mdy_ be ba5ed upon other criteria such as length uf Eacilities in r~~ad or nuinber of services. . Grantee agrees to and shal l Prov Ide aVa:i. lable f tiiancial infurmat ion to the tioard of ~ ty Commissioners ot Spokane County in determining the basis for a fee schedule or the i nt to be assessed. Gratitee agrees and Shal.l during regular business hour5 and at its office located in Spokane County, Washington, allow agents of Spokane County access for . : inspection and reproductfon of all of gran[ee's business records, gross rtvenue reports, or rules and regulations relevant to a determination.of the gross revenues received by grantee from the areas served by the facilities permitted by this .franchise if the fee schedule is to be based, or is based, on gross revenues. . Acceptance of any payment due under. this section shall not be deemed [o be a waiver of any breach of this franchise occurring ttiereto, nor ehall the acceptance by Spokane County of any such payments preclude Spokane County from later.establishing that a gredter amount was actually due, or from collecting any balance due. . XTXe If the grantee shall willfully vtolate or fail to comply with any of the provisions of this franchise through.willful and unreasonable neglect or willful and unreasonable failure.'. to heed or comply with any notice given the grantee under the provisions of this gcant, then the said grantee shall forfeit all rigtits conferred hereunder and this franchise may be revoked or annulled by the Board of County Commissioners; provided,.however, that the Board . of County Commissioners shall give thirty (30) days written notice of its intention to revoke.or annul the franchise during wliich period the grantee shall have the opportunity to remedy the situation. , XX. The full acceptance of this franchise and all of its terms and conditions within thirty (30) days fsom December 18, 1984, by THE CITY OF SPOKANED Spokane, Washington, in.writing, is to be ffled with the Clerk of the $oard oF County Commissioners of Spokane County and shall be a condition precedent to its taking_,effect, and unlesa the fsanchise is accepted within such rime, this graat shall be nu1-1 and void. DATED 8t SPOKANE, WASHINGTON,, this:18TH day of DECEMBEI~e 1984. ~ 4zt w ~ ATTEST: 4di am E. Dona . : Cl k of the a d BY oar of CounCy ss oners of eputy e k Spokane County, Washington County Engineer rh- --antee, THL CtTY UE SYOKANE, a municipal corporation, hereinbefore referred tu, for tt and f.or its sticcessors and assiKns, does accept all of the terms aild conditions uf . Cllt' rU['CgUjllk; f tilllt:ill6c. , IN WrTNESS WHEkE.UF : it tias caused thetiF preserits tu be signed b,v Terry L.. Novak 1 . ~ 1985. . d`ub-~~~INeW d9 d /slwb~d../t,b/ 0 Vf/*k/OV AN 9 41P ~ City MaXager' T T E S T : , a/vism ~vwg/ dvom o9' / ww'An v C i t y 1 e ~d~ ~I~Vf'6~J~~~,/ • DATE: , • ~ ~ / 9~ S PPK~VED AS TO FORM: ~ I HERE CERTIFY THIS IS A- TRUE ANO ACCURATE COPY. OF THE ORIGiNAL INNICM i s a t C i t y A t t o r n e y IS ON ~FILE iN THE OFFICE OF THE C~TY. CLERKi . ; , At. - CiTY LERK ~ SEAL: CITY 0 POKANE . COllNTY OF SPOKA . 4TATF (1F WA. • . • . • • ''yr.'• . • . STATE OF WASHINGTON-) . : ss. County of Spokane . . On this .!L,L~- day of , 1985, before me, &ZPj a Notary Public in and for the State of Wash3ngton, duly • commissioned and sworn, personally. appeared Terry L. Novak and Marilyn J. Montgomery, to me knawn respectively to be the City Manager and City Clerk of the CITY OF SPOKANE, the municipal corporation that executed the within and foregoing instrument, and acknowledged the seid instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said . corporation. WITNESS my hand and official seal. • - , . • G~~i otary Public in and for the State • of Washington, residing in Spokane - • . . ~ w . 49 ' . . . ' . . . . w • - • • . . • , . • , . . , • . . , t ' ' ' . • , • . . , . i: . • • , . • ' , , , . ' . • n ~ F ~ j,~ . . . . ATTACIiMENt "A" . , . HAVANA STkEET - Glenrose Road to 37th Avenue ~ GLENROSE RUAD - Glenai-re Drive to Havana Street ~ SUMAC ORIVE Havana Street to Custer Street 47TH AVENUE - Havana Street East to End . 46TN AVENUE - Morrill Street to East of Sumac Drive MORRILL STREET - From Cul-de-sac South of 46th Avenue to Cu1-de-sac North of Sumac Drive SPUR STREET - Glenrose Road to Sumac Drive OEARBORN COURT-- 46th Avenue South to End Tn Section 35, Township 24 N., kange 43 E.W.M. and Section 2. Township 23 , I., Range 43 E.W.M. . , . ~ . . ~ . V~ 0808 . BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHIIdGTON IN THE:MATTER OF APPLICATION OF THE ) G OF CITY OF SPOKANE FOR AN ) A iMBNT TO FRANCHISE N0. 84-1074 ) ORDER GRANTING AMENDMEIdT TU 1NCLUDE ADDITIONAL COUNTY.ROADS ) IN SPOKANE COUNTY, WASHINGTON ) WHEREAS, THE CITY OF SPOKANE has filed an application for an amendment to Franchise No. 84-1074 to iaclude additional. roads in Spokane County as follows: . 8th Avenue - from the City Limits Easterly to the West line of Chronicle Street. Chronicle Street - from the South line of 8th Avenue Southerly to endo CroBSing the following streets: 12th Avenue, Chronicle Stseet, 13th, 14th, lSth and 16th Avenues, vacated Psospect, Glenrose Drive, 33rd Avenue and Custer Streeto 21st Avenue - adjacent to Block 7 Old Home Park Addition. Cherry Lane - from the South line of 21st Avenue Southerly to the North line of 29th Avenueo 29th Avenue.:=..from the West line of Cherry Laae Westerly to West line of Block 37 of the Old Home Sub-Divisiona WHEREAS, the Board.of County Commissioners of Spokane County, Washington, thereupon fixed TUSSDAY, SEPTEMBER 16, -1986 at 10:00 a.m. of said day, at the office of the Soard of . County Commissioners in the Spokaae County Courthouse, as.the time aad place for hearing of said application and directed the County Auditor to give notice of said hearing; and ' WHEREAS, no person appeared to objecta NOW THEREFORE, IT IS ORDERED that the application.is approved and Franchise Noe 84-1074 is hereby amended to include the above-mentioaed portions of county soads. N( EiLREFORE, IT IS FURTHER ORDERED that at such time as Spokane County, its agents or at ns shall have scheduled a project for placement of a permanent type pavement over the street area where the water and sewer lines are constructed, the City of Spokane Water Department, its agents or assigns, upon request of the County Engineer, shall.stub out water service water lines to the fronting properties or lots. NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and .privileges herein set forth, the grantee agrees that Spokane.County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights aad privileges granted. The Board of County Commissioners.of Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee iu- order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors determined by the Board of County Commissioners and may include gross revenues derived from monthly service charges paid by subscribers located within Spokane County and may include sevenues re- ceived as installation charges and fees for reconnections, inspections, repairs or modifi- cations of any installation in the areas served by thie franchiseo Or, the fee may be based upon other criteria such as length of facilities in road or number of aetvices. Grautee agrees to and shall provide available financial informatioa to the Board of County Commissioners in determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and at its office location in Spokane County, Washington, a11ow agents of Spokane County access for inspection and reproduction of all of graatee's business records, gross revenue reports, or rules and regulations relevant to a determination of Che gross revenues received by grantee from the areas served by the facilities permitted by this franchise if the fee schedule is to be based, or is based, on gross revenues. Ai tance of any payment due-under this section shall not be deemed to be a.waiver of any bi h of this f ranchise occurring thereto, nor shall the acceptance by Spokane County of any such payments preclude Spokane County from lates establishing that a greater amount was actually due, or from collecting any balance due. . APPROVED BY THE BOARD this 16th day of September, 1986. BOARD 0 C TY ISSI NERS OF SP CO Y, WAS G ON \ ATTEST: LIAM E. DONAHUE ' ERK OF BOARD . BY . Deputy Clerk / a b ~ ! ( 9304300627 BEFORE THE BOARD OF COUNTY COMMISSIQNERS OF SPOIUtqE ~ 6 RESOLUTION NO. 93 0471 IN THE MATTER OF APPLICATION OF ) THE CITY OF SPOKANE FOR AN AMENDMENT ) SEWER FRANCHISE NO 841074 AND ) ORDER GgtA1V'I'ING TO INCLUDE ADDITIONAL ROAD IN ) AMENDMENT SPQKANE COUNTY - EASTERN ROAD } °al WHEREAS, THE CITY OF SPOKANE has filed with the oard of County Commissioners of Spokane, Washington, a application to amend Sewer Franchise No. 8. -1074, for the purpose of extending said franchise rights to an additional portion of road in Spokane County, more particularly described as follows: EASTEItN Y20AD - from Utah Avenue to Trent Avenue (SR-290). Located in Section 12, Township 25 North, Range 43 E.W.M. WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed TUESDAY, APRIL 27th, 1993 at 5:30 P.M. of said day, in the Commissioners Assembly Room of the Spokane County Public Works Building, W. 1026 Broadway Avenue, Spokane, Washin,gton, as the time and place for hearing of said application and directed the County Auditor to give notice of said hearing; and WHEREAS, after hearing the testimony given at the hearing and continuing the hearing to give consideration thereto, the Board of County Commissioners does resolve as follows: THEREFORE, IT IS ORDERED that the application is approved and Sewer Franchise No. 1074 is hereby amended to include the above-mentioned portion of county road subject to and conditioned upon the following: NOW THEREF4RE, IT IS FURTHER ORDERED that at such time as Spokane County, its agents or assigns shall have.scheduled a project for placement of a permanent type pavement over the street area where the sewer lines are constructed, the City of Spokane Water Department, its agents or assigns, upon request of the County Engineer, shall stub out service lines to the fronting properties or lots. NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privileges granted. 1fie Board of County Commissioners of Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and. payment schedule may be based on factors determine by the Board of County Commissioners and may include gross revenues derived from monthly service charges paid by subscribers located within Spokane County and may include revenues received as installation charges and fees for reconnections, inspections, repairs or modifications of any installation in the areas served by this franchise. Or, the fee may be based upon other criteria such as length of facilities in road or number of services. Grantee agrees to and shall provide available financial information to the Board of County Commissioners in determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and at its office location in Spokane County, Washington, allow agents of Spokane County access for inspection and reproduction of aIl of grantee's business records, gross revenue reports, or rules and regvlations relevant to a determination of the gross revenues received by grantee from the areas served by the facilities permitted by this franchise if ihe fee schedule is to be based, or is based, on gross revenues. - • ° ' . . . . . ~OL. 1.423PAGE Acceptance of any payment due under this section shall not be deemed to be a waiver of any breach of this franchise occurring thereto, nor shall the acceptance by Spokane County of any such payments preclude Spokane County from later establishing that a greater amount was actually due, or from collecting any balance due. In acceptance of this franchise, the City of Spokane agrees that it will not require annexation waivers - ie agreements not to a oppose annexation, as a condition for obtaining service from or making connectiore to the sewer lines authorized under this amendmente PASSED AND ADOPTED BY THE BOARD this 27th day of April, 1993. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON r' `~f • ~ Patricia A. Mumme iz' . Stevengn a D. , i berg ATTEST: WIL M E. DONAHUE , ~ L OF THE BOARD BY DEPUTY i~,►~~►u~~~~.~t . 9311050543 _ , _ -~t - BEFORE THE BOARD OF COUN'I'Y COMMISSIONERS OF SPOKA IVE COUNTY, WASHINGTON ~ RESOLUTION N0. 93 1366 ` V r foi. ~I PaGE128~. [ . ' IN THE MATTER OF APPLICATION OF ) THE CITY OF SPOKANE FOR AN AMENDMENT ) TO WATER FRANCHISE N0. 57-0350 ) ORDER GRANTING AND SEWER FRANCHISE NO. 84-1074 ) AIVgEIVD1VIEiV'1' TO INCLUDE ADDITIONAL ROA.DS IN ) SPOKANE COUNTY - IN 14TH AVENUE. ) WHEREAS, THE CITY OF SPOKANE has filed with the Board of County Commissioners of . Spokane, Washington, a application to amend Water Franchise No. 57-0350 and Sewer Franchise No. 84-1074, for the purpose of extending said franchise rights to an additional portion of road in Spokane County, more particularly described as follows: 14TH AVENtJE - from Havana Street (City 1 imits) east to Lloyd Street. Located in the Southwest Quarter (SW 1/4) of Section 23, Township 25 North, Range 43 E.W.lVi. WHEREAS, the Board of County Conunissioners of Spokane County, Washington, there upon . fixed TUESDAY, November 2nd, 1993 at 5:30 P.M, of said day, in the Commissioners Assembly Room of the Spokane County Public Works Building, W. 1026 Broadway Avenue, Spokane, Washington, as the time and place for hearing of said application and directed the County Auditor to give* notice of said hearing; and . . WHEREAS, after hearing the testimony given at the. hearing and continuing the hearing to give consideration thereto, the Board of County Commissioners does resolve as follows: THEREFORE, IT IS ORDERED that the application is approved and Water Franchise No. 57- 0350 and Sewer Franchise No. 84-1074 is hereby amended to include the. above-mentioned portion of county road subject to and conditioned upon the following: NOW THEREFORE, IT IS FURTHER ORDERED that. at such time as Spokane County, its agents or assigns shall have scheduled a project for placement of a permanent type pavement over the street area where the sewer and waterlines are constructed, the City of Spokane Water Department, its agents or assigns, upon request of the County Engineer, shall stub out service lines to the fronting properties or lots. NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privileges granted. The Board of County Commissioners of Spokane County agrees to provide thirty (30) days written notice prior to - the imposition of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors determine by the Board of County Commissioners and may include gross revenues derived from monthly service charges paid by subscribers located within Spokane County and may include revenues received as installation charges and fees for reconnections, inspections, repairs or modifications of any instailation in the areas served by this franchise. Or, the fee may be based upon other criteria such as length of faciiities in road or number of services. Grantee agrees to and shall provide available financial information to the Board of County Commissioners in determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and at its office location in Spokane County, Washington, allow agents of Spokane e County access for inspection and reproduction of al1 of grantee's business records, gross revenue reports, or rules and regulations relevant to a determination of the gross revenues received by grantee from the areas served by the facilities permitted by this franchise if the fee schedule is to be based, or is based, on gross revenues. . 93-1366 ' . Acceptance of any payment due under this fiection shall not be deemed to be a waiver of any breach of this franchise occurring thereto, nor shall the acceptance by Spokane County of any such payments preclude Spokane County from later establishing that a greater amount was actually due, or from collecting any balance due. PASSED AND ADOPTED BY THE BOARD this 2nd day of November, 1993. BOARD OF COUN'TY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Patricia A. M y, Chair / Steven on v , , . Chilberg 6r ATT'EST: WIL M E. DONAHUE , E OF THE B4 T, BY ' DEPUTY 1\,►~\uWhn\14th F1LED OR REO.Q DED . REOtlEST OF 57 . ~ 93 i W1LI.t-~ «?OF~~.1JE r AuoIrQR ; tlVTEROFFICE~ SPOKANE., C4tJNTYPIASH. i , . i . r , • - 9401LIL30524 . 1545pw 244 BEFORE THE BOARD. OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTiON NO. 94 0054 IN THE MATTER OF APPLICATION OF ) THE CTTY OF SPOKANE FOR AN AIviENDMENT ) TO WATER FRANCHISE N0. 57-0350. ) ORDER GRANTIIVG AND SEWER FR.ANCHISE NO. 84-1074 ) AMENDMENT TO INCLUDE ADDI'TIONAL ROADS IN ) SPOKANE COUNTY - IN ) A PORTION OF WOODLAND TERRACE PLAT ) WHEREAS, THE CITY OF SPOKANE has filed with the Board of County Commissioners of Spokane, Washington, a application to amend Water Franchise No. 57-0350 and Sewer Franchise No. 84-1074, for the purpose of extending said franchise rights to an additional porfion of roads in Spokane County, more particularly described as follows: 16TH AVENUE - from Havana Street to Carnahan Road. 15TH A'VENUE - from Havana Street to Carnahan Road. 14TH AVENUE - from Lloyd Street to Carnahan Road. LI,OYD STItE]E'T - from 14th Avenue to 16th Avenue. WILI,AMEZfiE STIZEE'T - from 14th Avenue to 16th Avenue. CHlt4NICLE STREET - from 14th Avenue to 16th Avenue. Located in the Southwest Quarter (SW 1/4) of Section 23, Township 25 North, Range 43 E.W.M. WHEREAS, the Board of County Conunissioners of Spokane County, Washington, there upon fixed Tuesday, January llth, 1994 at 5:30 P.M. of said day, in the Commissioners Assembly Room of the Spokane County Public Works Building, W. 1026 Broadway Avenue, Spokane, Washington, as the time and place for hearing of said application and directed the County Auditor to give notice of said hearing; and WHEREAS, after hearing the testimony given at the hearing and continuing the hearing to give cons iderationthereto, the Board of County Commissioners.does resolve as foliows: THEREFORE, IT IS ORDERED that the application is approved and Water Franchise No. 57- 0350 and Sewer Franchise No. 84-1074 is hereby amended to include the above-mentioned portion of county roads subject to and conditioned upon the following: NOW THEREFORE, IT IS FURTHER ORDERED that at such time as Spokane County, its agents or assigns shall have scheduled a project for placement of a permanent type pavement over the street area where the sewer and waterlines are constructed, the City of 5pokane Water Department, its agents or assigns, upon request of the County Engineer, shalt stub out service lines to the fronting properties or lots. NOW, THEREFORE, IT IS FUR1`HER ORDERED that for and in con.sideration of the rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privileges granted: The Board of County Commissioners of Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors determine by the Board of County Commissioners and may include gross reveriues derived from anonthly service charges paid by subscribers located within Spokane County and may include revenues received as instalIation charges and fees for reconnections, inspections, repairs or modifications of any installation in the areas served by this franchise. Or, the fee may be based upon other criteria such as length of facilities in road or number of services. Grantee agrees to and shall provide available financial information to the Board of County Commissioners in determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and at its office location in.Spokane County, Washington, allow agents of Spokane County access for inspection and reproduction of all of grantee's business records, gross revenue reports, 1 M1 • 4 . : : j. ~ ~ ; ~ ~ : i . 'ti • ~ , c.;~ . : .:.•.:'1 ~ r R , j ¢ - o 94 0054 15 4.5 vaE. 2 4 5 ~ or rules and regulations relevant to a d46e ,rmination of the gross revenues receiv.ed by grantee from the areas served by the facilities permitted by this franchise if the fee schedule is to be based, or is based, on gross revenues. ' Acceptance~of{ariy'payment due under this section shall not be deemed to be a waiver of any breach of k-I nchlse occurring thereto, nor shall the acceptance by Spokane County of any such payments this, fra preclude Spokane County from later establishing that a greater amount was actually due, or from collecti.ng any balance due. PASSED AND ADOPTED BY THE BOARD this llth day of January, 1994. BOARD OF CO COMMISSIONERS OF SPOKA NTY, -ASHINGTON / Steve n, Chairperson . D. . Chilberg . . . • . . : _ . - . ~ : Patricia A. Mummey / ATTEST:~:'WII:I:IANi E. DONAHUE :OF.iTHE BOARD . : -r ; . . . b . . . 4 ~ + , ^ . ' , . BY DEPUTY nv4c9\utilmn\Wala.ter , 9.500 2Q 0.7113 %•(1~' 95 C?8S'~ ~ RESOLUTION NO. r ~ BEFORE THE BOA.RD OF COUNTY COMIVIISSIONERS OF SPOKANE ~~~1TY, WAS ~~►N 31~ IN THE MATTER OF APPLICATION OF ~~lD~rt H-~y `i~a~~' . THE CITY OF SPOKANE FOR AN AMENDMENT TO WATER FRANCHISE NO. 57-0350 ) ORDER GRM AND SEWER FRANCHISE NO: 84-1074 ) TO INCLUDE ADDITIONAL ROADS IN ) . ANIENDIVENNT SPOIfANE COUNTY - WOODLAND TERRACE AREA ) F^ . YCI. 17 *5 3 PAGE 198 WHEREAS, THE CITY OF SPOKA.NE has filed with the Board of County Commissioners of Spokane, Washington, a application to amend Water Franchise No. 57-0350 and Sewer Franchise No. 84-1074, for the purpose of extending said franchise rights to additional roads in Spokane County, more particularly described as follows: HAVANA STREEB' - from the centerfline of Twelftl' Avenue to centerline of Fourteenth Avenue. FIFTEENTH AVENIJE - from the centerline of Havana Street to centerline of Carnahan Road. LLOYD STREET - firom the centerline of Fifteenth Avenue to the north right of way line of k'ourteenth Avenue. CHRONYCL]E STREET - from the centerline of Fafteenth Avenue to the north right of way line of Fourteenth Avenue. Located in the Southwest Quarter of Secteon 23, Township 25 Nox-th, Itange 43 E.W.M. iai Woodland Terrace. WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fitxed Tuesday, July 25th, 1995 at 5:00 P.M. of said day, in the Commissioners Hearing Room of the Spokane County Public Works Building, W. 1026 Broadway Avenue, Spokane, Washington, as the time and place for hearing of said application and directed the County Auditor to give notice of said hearing; and WHEREAS, after hearing the testimony given at the hearing and continuing the hearing to give consideration thereto, the Board of County Commissioners does resolve as follows: THEREFORE, IT IS ORDERED that the application is approved and Water Franchise No. 57-0350 and Sewer Franchise No. 84-1074 is hereby amended to include the above-mentioned portion of county roads subject to and conditioned upon the following: NOW THEREFORE, IT IS FURTHER ORDERED that at such time as Spokane County, its agents or assigns shall have scheduled a project for placement of a permanent type pavement over the street area where the water and sewez lines are constructed, the City of Spokane Water Department, its agents or assigns, upon request of the County Engineer, shall stub out service lines to the fronting properties or lots. NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of -this franchise, : by ordinance or resolution, to irnpose fees for the rights and privileges granted. The Board of County Commissioners vf Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors detenmine by the Board of County Commissioners and may include gross revenues derived from monthly service charges paid by-subscribers located within Spokane County. and may include revenues received as installation charges and fees for reconnections, inspections, repairs or modifications of any installation in the areas served by this franchise. Or, the fee may be based upon other criteria such as length of facilities in road or number of services. Grantee agrees to and shall provide available fmancial information to the Board of County Commissioners. in ° determining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and at its office location in Spokane County, Washington, allow agents of Spokane County access for inspection and reproduction of all of grantee's business records, gross revenue reports, or rules and regulations relevant to a determination of the gross revenues received by grantee from the areas served by the facilities permitted by this franchise if the fee schedule is to be based, or is based, on gross revenues. . Acce tance of ana ment due under thi r E p y p y s section shall not be deemed to be a waiver of any breach of this franchise occurring thereto, nor shall the acceptance by Spokane County of any such payments preclude Spokane County from later establishing that a greater amount was actually due, or from collecting any balance due. In acceptance of this franchise, the City of Spokane agrees that it will not require annexation waivers - ie agreements not to oppose annexation, as a condition for obtaining service from or making connection to the water . and sewer lines authorized under this amendment. PASSED AND. ADOPTED BY THE BOA,RD this 25th day of July, 1995. ~ BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Phillip D. Hanis Chairman 'Steve anson George A. Marlton . :i . • i~'•~ . ATTEST: WIL- E:' DONAHUE ADF;.THE-$OARD . ~ , . h• ;~•i ,,4'~; . , ' : , ~ •~1~: •'~.j` . r ' . .a j.'• . ~ . ~ By , . Rosa e 1Vroritague;- l~eputy ~ . . : ~ i ' _ I•'' ` l\v\res\utilfran\woodland dist\engrs , , Yr . • . . ^ . . . ~ • • . , v Return to County Engineer Right of Way Department 4078600 Page; 1 of 2 0212111997 09:24A CO Et_G MISC $t.0( Spokane Co; WA RESOLUTION NO. 0:1~~. I3EFORE THE LiO11RD Or COUNTY COMMISSIONCRS OF SPOKANE COUNTY, WASHINGTON , . IN THE MATTEit C}F APPLiCATION OF ) THE CITY OF SPOKANE FOR AN AM .F,NDMENT ) SEWER FR.ANCHISE NO 84-1074 ) ORUEAt GRANTING TO INCLUDE ADDITIONAL ROADS YN SPOKANE COUNTY - ) AMENDMEIVT YARDLEY CENTRAL DISTRICT - PHASE I} WHEREAS, THE Gity of Spokane has fited with the Board of County Commissioners of Spokane, Washington, a.application to amend Sewer Francljise No. 84-1074, for the purpose of extending said franchise rights to additional roads in Spokane County, more particularly described as follows: 1N THE WEST HALI+ OF SECTIOIV 139 TOWNSRIP 25 IYORTH, RANGE 43 E.W.M. LYiNG NORTH OI~' I-90. EAST-WEST ROADS- Main Avenue, Vallevwav Avenue, Nixon Avenue, Olive Avenue; Alki Avenue, Snringfietd Avenue, Broadwav Avenue, Old Broadwav Avenue, Mallon Avenue, ' Dean Avenue, Desmet Avenue, $oone Avenue, SharQ Avenue and Mission Avenue - aiong the Section line between the Southwest Quarter of Section 12, Township ZS North, Range 43 E.W.M. and the Not•Ehwest Qiiarter of Section 13. NORTH-SOUTH ROAUS - Crossing Fancher Road in. Sections 13 and 14, .7['ownship ZS North, Range 43 E.W.M. at Main Avenue and along Fancher Road betrveen Allci Avenue running West of Fancher Ro$d and Apci Avenue running East of Fancher Road, Fancher RoadlFrontage Raad betweenSharp Avenue and Missaon Avenue; Lake Road - from Nixon Avenue to Sharp Avenue, Seeiiorn Road - from Desmet Avenue to Boone Avenue, D er . Road - from Dean Avenue to Desmet Avenue, Thierman Road - along the Quarter Section line between the Northeast Quarter and Northtivest Quarter of Section 13 #'rom Dean Avenue . to Mission Aveniie. Atso Aiici Avenue in.thc Saattieast Quarler of Sectian 14, Township 25 North, Range 43 E.M.W. WHERFAS, tlie i3oard of Cauniy Commissiaiers oF Spokane Coutity, Washington, there upon fixed Tuesday, February 13th, 1997 at 5:00 P.M. of said day, in the Commissioners Hearing Room of the Spokane ~ Gounty Public Worlcs Building, W. 1026 Broadway Avenue, Spakane, Wasliington, as the time and .place for hearing of sa.id applicllion and directed tbe Caunty Auditor to give notice of said hearing; and WHEREAS, after henring tlle test:rnony given at the liearing and continuing the liearing to give consideralioct therelo, tlie Board af Counly Commissioners does resolve as foliows: TIiEREFORE, IT IS ORDCRED tliat the application is approved aild Sewer Franchise No. $4-1074 is hereUy amended to inciude the aUove-mentioned portion of county road subject to and conditioned upon the following: - NOW THEREFO.RE, 1T IS FURTHER ORDERED that at sucli iime as Spokane County, its agents or assigns shall have scheduled a praject for placement of a permanent type pavement over the street area where the sewer Iines are constructed, the City of Spokane Water llepartment, its agents or assigns, upon request of the . County Engineer, shall stub out service iities to the fronting properties or Iots. NOW, TI-IEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and privileges herein set forth, the grantee agrees that Spokane County has the right during the term of this fcanchise, by. ordinance oc resoiutioii, to impose fees for the riglits and privileges granted. The Board of County Commissioners of Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee in order to negotiate the actual rate to be assessed and payment sclledule. ' • i . . . ' 4078600 . ' Page: 2 of 2 02 J21 /1991 09.24A CO Et G MISC $Q.QO Spokane Co, Y!A - The assessment rate and paymeat schedule may. be brsed on factors detennine by the Board of County Commissioners and may i.nclude gross revenues derived from monthly service cliarges paid by subscribers located within Spokane County and may include revenues received as installation charges and fees for reconnections, inspections, repairs or. modificatio»s of any installation in the areas served by this franchise. Or, the fee may be based upon other criteria such as lengtli of facilities in road or number of services. Grantee agrees to and shall proyide. available f nancial information to the Board of County Cammissioners in " determining the basis for a fee schedaie or tlte antoUnt to be assessed. Grantee agrees and shall during regular Uusiiiess hours and at its office location in Spokane Counhi, Washington, altow agents of Spokane County access. for inspection and reproduction of al[, of grantee's business records, gross revenue reports, or rules and regulations relevant to. a determination of the gross revenues receivcd by grantee from the areas served by the faciliries pennitted by tliis fi•anchise if the fee schedule is to be based, or is based, on gross revenues. Acceptance of any payment due under tltis section shalt not be deemed to be a waiver of any breach of tliis franchise occurring thereto, nor sfia[t tiie acceptance by. Spokane County of any such payments preclude Spokane County from later establishing that a greater amount was actually due, or from collecting any batance due. In acceptance of this francliise, the City of Spokane agrees that it will not require annexation waivers - ie agreements not to a oppose annexation, as a condition for otitaining service from or making connection to the sewer lines autilorized under this amendment. APPROVED BY THE BOARD this I8th day of Febnuary, 1997. BOARD OF COUNTY COMMISSIONERS O SPO NE C NTY, WASHING ~ TON ~ { CQ~ t.tl .E C p ls~f `Q • t%• ~ ~ ° ROSKELLEY, CHAIRMA `i,N ( c~ ' ~'t • M. TE ~&CASL1N : . •-r': i : ~ .~i . . . r~ ~ ' ' ' r , , .i6'~" • PHiLLtP D. HARRIS ATTEST: W1 AM E. DONAEIUC , E K OF T(-IC t34/1RD . ~ ~ BY RQSA NE MONTAGUE, DEPU"(1r . 11v\res\utilfran\yardley dist\st.exam\engr