Franchise - EXPIRED
ISEFUKC TtiE liUAl{t) UI- COUN'f Y CUMMISSIONS OF
- SNUr:ANE (:OUNT Y, WASIi I NGTUN
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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:
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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.
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' 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.
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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,
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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)
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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.
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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.'• .
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STATE OF WASHINGTON-) . : ss.
County of Spokane
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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
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. ATTACIiMENt "A" .
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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. .
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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
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ATTEST: LIAM E. DONAHUE '
ERK OF BOARD
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BY .
Deputy Clerk / a b ~
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9304300627
BEFORE THE BOARD OF COUNTY COMMISSIQNERS OF SPOIUtqE
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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 _
,
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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
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SPOKANE., C4tJNTYPIASH.
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.
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
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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
. :
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4 ~ + , ^ . ' , .
BY
DEPUTY
nv4c9\utilmn\Wala.ter
, 9.500 2Q 0.7113
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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
. ~
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By , .
Rosa e 1Vroritague;- l~eputy ~
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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
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t.tl .E C p ls~f `Q
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~ ° ROSKELLEY, CHAIRMA
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PHiLLtP D. HARRIS
ATTEST: W1 AM E. DONAEIUC
, E K OF T(-IC t34/1RD
. ~
~
BY
RQSA NE MONTAGUE, DEPU"(1r .
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