Order Granting Amendment 02/20/2001 ` ~ e ~ ~ ~ `!J V 1 V ! 1
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After Recording Return to; Spokane County Engineer SPQKANF C(1 FN~iNFFRS RFS S(1.f1A Snnkana Cn WA
Attn: Engineering Administration . .
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BEFORE THE BOARD OF COUNTY COMMISSIONERS QF SPOKA.NE COUNTY, WASHINGTON IN THE MATTER OF APPLICATION OF )
THE CITY OF SPOK.ANE FOR AN AMENDMENT ) ORDER GR.ANTING
WATER FRANCHISE N0. 57-0350 TO INCLUDE ) AMENDMENT
ADDITIONAL ROAUS IN SPOKANE COUNTY )
Whereas, The city of Spokane has filed with the Board of County Commissioners of Spokane;
Washington, an application to amend Water Franchise No, 57-0350, for the purpose of extending sa.id franchise
rights to additional roads in Spokane County, more particularly described as follows:
Railroad 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 Aveaue between Railroad Avenue and the west line af Fancher Road.
Boone Avenue between the west Iine of StanIey Road and the east line of Howe Street.
' Desmet Avenue between the west line of Yardley Street and the east line of Howe Street.
Cataldo Avenue between the west line of Yardley Stxeet and the east Une of Hawe Street.
112allon A.venue between the west line of Yardley Street and the east line of Howe Street.
Sroadway Avenue between the extended west Iine of vacated Carnahan Road and the west
line of Fancher Road.
Yardley Street between the north line of Sharp Avenue and the south line of Broadway
Avenue.
Stanley,Road between the norfh line of Railroad Avenue and the south line of Boone
Avenue.
Howe Street between the north line of h2ailroad Avenue and the south line of Broadway
Avenue,
Located in Section 14, Township. 25 North, Range 43 East W.M. "
WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed '
Tuesday, February 20th, 2001 at 5:00 P.M. of said day, in the Commissioners Heari.ng Room of Spokane County
Public Works Building, 1026 W. Broadway Avenue, Spokane, Washingtan, as the time and place for hearing of
said application; and
WHEREAS, after hearing the testimony given at the hearing and continuing the heazing for decision only
to give consideration thereto, the Board of County Commissioners does resQlve as follows;
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SPOKdNF Pd) FNGiNFFRS RFS qQ.(t(l Snnlcana' t'.n. WA
THEREFORE, IT IS ORDERED that the. applicativn is approved and Water Franchise No. 57-0350 is
hereby a.mended to include the above-mentioned portion of counry roads subject to and conditioned upon the
followiug: '
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NOW, THEREFORE, I'T IS FURTHER ORDERED that for a.nd in consideration of the rights and
privileges herein set forth, the grantee agrees that 5pokane County has the right during the term of this franchise,
by ordinance or resolution, to impose fees for the rights and privileges gra.nted. The Board of County
Commissioners of Spokane County agrees to provide tbirty (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 a.nd payiment schedule may be based on factors determine by the Board of County
Commissioners a.nd may include gross revenues derived from montbly service chatges paid by subscribers located
within. Spokane County and may include revenues received as installation charges and fees for reconnections,
inspections, repairs or modificatians of any installation in the areas served by this franchise. Or, the fee nZay 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 County Commissioners
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in determining the basis for a fee schedule or the amount to be assessed. Gra.ntee agrees and shall duri.ng regular,
business hours and at its office Iocation in Spokane County, Washington, allow agents of Spokane County access .
for inspection and reproduction of all of grantee's business records, gzoss 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.
Acceptance of any payment due under this section shall not be deemed tv be a waiver of any breach of
this franchise occurring thereto, nor shall the acceptaace by Spokane County of any such payrnents preclude
Spokane County from Iater establishi.ng that a greater amount was actually due, or from collecting any balance
due.
In acceptance of this franchise, the Ciry of Spokane agrees that it wi11 not require anaexation waiver- ie
agreements not to oppose annexation, as a condition for obta,ining service from or making connection to the water
Iines authorized under this amendraent.
APPROVED BY THE BOARD this 20th day of February, 2001.
o,~ ~a~~ BOARD OF COUNTY COMMISSIONERS
q s's OF SPOKANE COUNTY, WASHINGTON
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D. H S, CHAIR
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ATTEST: VICKY M. DALTON .
CLERK OF THE BDARD
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J {q ROSKELLEY
BY: ~DArIIELA ERICKSON, DEPUTY . ~ ,
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