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Order Granting Amendments After Recording Return to: Spokane Counry Engineer . Attn: Engineering Administration 4353343 `r 04 091999 ~ 0 2 . ~ I ! 3, 49P CO ENG N $0,40 Saokane Co, WA RESOLUTION N0. 99 0267 • . BEFORE THE BOARD OF COUNTY COMMISSTONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF THE APPLICATION OF ) THE CITY OF SPOKANE FOR AN AMENDMENT ) SEWER FRANCHISE NO 84-1074 TO INCLUDE ) ORDER GRANTING ADDITIONAL R4ADS IN SPOKANE COUNTY - ) AMENDNMNT YARDLEY NORTH SEWER DISTRICT ) WHEREAS, THE City of Spokane has' filed with the Board of County Commissioners of Spokane, Washington, a application to amend Sewer Franchise No. 84-1074, for the purpose of extending said franchise rights to additional roads in Spokane Gounty, more particularly described as fallows: BALDWIN AVENUE - from Fancher Way East.to Dickey Road.: • DICKEY ROAD - from Baldwin Avenue North to Trent Road (Highway 294) Located in Section 12, Township 25 Nor#h, Range 43 E.M.W. WMREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed Tuesday, ApriI 6th, 1999 at 5:00 P.M. of said day, in the Commissioners Heari.ng 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 • WqiEREAS, after hearing the testimony given at the hearing and conti.nuing 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. 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 titne as Spokane County,. its agents or " . assigns shall have scheduted a project for placement of a permanent type pavement over the street area where the sewer Iines are constructed, the City of Spokane Water Departaient, its agents or assigns, upon request of the County Engineer, shall stub out service lines to the fronting properties or lots. , ^ " . ~ - . . , p 4353343 04~09r1599 o03;49P CO ENG N $0,00 Spokane Go, YA Page 2 . Amend City Sewer. Franchise - Baldwin & Dickey Apri16', 1999 ' .JJ V2V7 , • . NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights and privileges herein set forth, the grantee-agrees that Spokane County has the right during the term of this franchise, by ordinance or resolution, to impose fees for the rights and privileges granted. The Board of County Commissioners of Spokane County agrees to pravide thirty (30) days written notice prior to the imposition of this fee in order to negotiate the actual rate to be assessed and payment schedule. The assessment rate and payment schedule may be based on factors determine by the Board of County . Commissioners and may include gross revenues derived from monthly service charges paid by subscribers located within Spokane County and may include revenues received as installation charges and fees for reconnections, in$pections, repairs or modifications of any installation in the areas sen►ed by this franchise. Or, the fee may be based upon other criteria such as Iength of facilities in road or number of services. Grantee agrees to and shall provide available financial information to the Board of Co.unty 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, allo'w 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, ori gross revenues. . 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 arnount was actually due, or from collecting any balance due. . In. acceptance of this francbise, 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.makina connection to the sewer lines authorized under this amendment. APPROVED BY THE BOARD this 6th day of April, 1999. CONL,~,,, ~ BOARD OF COUNTY COMMISSIONERS o~ ,~T . • OF SPOKA COUNTY, WASHINGTOII ~4..~c;;•`:,•o~ • ' P /m . q ~ . j . . . ~ . . s~ M. KATlt ASLIN, CHAIR • ~i;~ ~ ' t}►, • . .SEAL • ~ .q~ ~ 4,•~ ~ ~ cocr. ~ y 7 g ROSKELLEY, VICE-CHAIR ATTEST: VICKY M. DALTON ~ CLERK OF THE BO , . . HARRIS , SY DANiELA ERICKSON, DEPUTY ' + • . ~ t\vlresluti Ifranlsewer.yardley.north • disAst.examiengr 4540626 , . After Recordina Return to: Spokane County Engineer Pa e: 1 0f 2~ 12~0812000 03,24P Attn: Engineering Administration C(1 FNGiNFFRS OR~FA ~ SO•(1O . Sno kane Cn. W A RESOLUTION NO. BEFORE THE BOA.RD OF COUNTY COMMISSIOrIERS OF SPOKANE COUNTY, WASHINGTOrt IN THE MATTER OF APPLICATION OF ) THE CITY OF SPOKANE FOR AN AMENDMENT ) ORDER GRANTING SEWER FRANCHISE NO. 84-1074 TO INCLUDE ) AMENDMENT ADDITIONAL ROADS IN SPOKANE COUNTY ) . Whereas, The city of Spokane has filed with the Baard of Cocinry Commissianers of Spokane, Washington-, a application to amend Sewer Franchise No. 84-1074, for the purpose of extending said franchise rights to additional roads in Spoka.ne County, more particularly described as follows: RaiIroad Avenue between the east line of that portion of Railroad Avenue vacated by Resolution No. 98-0029 and the west line of Fancher Road. • Sharp Avenue between the extended west line of Yardley Street and the west line of Fancher Road. Baone Avenue between the west Une of Stanley Road and tbe east Une oF Hawe Street. Desmet Avenue between the west line of Yardley Street and the east Une of Howe Street. CataIdo Avenue between the west Iine of Yarclley Street and the east line of Sowe Street. Mallon Avenue between the west Une of Yardley Street and the east line of Howe Street. ' Sroadway Avenue between the extended west line of vacated Carnahan Road and the west Ii.ne of Fancher Road. Xardley Street between the nortb line of Sharp Avenue and the south line of Broadway. Avenue. Lacated i.n Section 14, Township 25 North, Range 43 East W.M. WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed Tuesday, December Sth, 2000 at S:QO P.M. of said day, in the Comm.issioners Hearing Room of Spokane County Public Works Building, 1026 W. Broadway Avenue, Spokane, Washington, as the time and place for hearing of said application; and • WHEREAS, after hearing the testimony given at the hearing and continuing the hearing for decision or1ly to give consideration thereto, tbe Board of County Commissianers does resolve as follows: THEREFORE, IT IS ORDERED that the application is approved 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: . ; ( Pa e; 2 af 2 12~oa12a00 03,24P • Cd ENGINEERS . • ORDER 10.00 Sonkane CoAA , NO W, THEREFORE; . IT I5 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 i.mpose fees for the rights and privileges granted. The Board of County Comrnissioners of Spokane County agrees to provide thirty (30) days written notice prior to the imposition of this fee in order to negoriate 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 Commissianers and may include gross revenues derived from monthly service charges paid by subscribers located rvithin Spokane County, and may include revenues received as i.nstallation charges and fees for reconnections, i.nspections, 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 financiai infonnation to the Board of County Commissioners in determin.Fng the basis for a fee schedvle or the amount to be assessed. Grantee agrees and shall during regulaz business hours and at its office Iocation in Spokane County, Washi.ngton, allow agents of Spokane County access for inspection a.ad reproduction of all of grantee's business records, gross revenue reports, or rules and reguladons relevant to a determination of the gross revenues received by grantee from the areas served by the facilities perm.itted by this franchise if the fee schedule is to be based, or is based on gross revenues, Acceptance of any payment due under this secrion 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 bala.nce due. In acceptance of this franchise, the City of Spokane agrees that it will not require annexarion waiver- ie agreements not to oppose annexation, as a condition for obtai.ning service from or making connection to the sewer Iines authorized under this amendment. APPROVED BY THE BOARD this Sth day of December, 2000. ,BOARD OF COUI~ITY COMMISSIONERS CE 1t~"YO TY, WASHINGTON ~ p , ^ ph ' ~ • ` . OSKELLEY, CHAIR c!' SF e.l. • ~ve- ~ ' , ~ Ip D. S, VICE-CHAIR ATTEST: VICKY M. DALTON - CLERK OF THE BOARD • , / M. KATE McC S IN / BY~ `~DANIELA. ERICKSON, DEPUTY .