Order Granting Amendment 03/04/1997
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Return to CQUnt}I Engineer - 4082514 .~,I 9ht C)f WaY DePattt~te~r~t ~ jo711997 4 f 9:51A
- CL EF ~ AES $D.UO 5pokane Co, YA
RESOLUTION NO. ~ •
BEFORE'i'L-lE IIQARU UP COUN'CY CUMM(SSIoNERS OF SPOICANE COUNTY, WASHINGTON
IN THE A9ATTC[{. OF APPLIGATION Or ) .
THE CITY Or SPOIC/1NE C=C)R AN AMENDMENT )
WATER FRANCH.iSE N4 57-0350 ) OJ[tDER GRANTING
TO 1NCLUDE AI?DITIONAL RO/1DS iN SPOKANE COUNTY - ) AMENDNEN'T
YARDLEY CENTRAL DtST'R1CT - r- HASE t )
N6 Pur~r( /4fa. 0 1^
WHEREAS, '1'HF Cily of Spolcane has fited with the Board of County Commissioners of Spokane,
Washington, a appticcition ta amend Water Francliise No. 57-0350, for the purpose of extending said franchise
rights to additionnl roads in Spolcane County, more particularly descriUed as follows:
I1V TIIC WCST HALF OF SCCT[OlV 13, TOW1VSJHIP 25 1V41tTH, RANGE 43 E.W.M. _
LYING NORTkt OF I-90.
SHARP AVEh]UI; - Fancher Road to Lalce Road
BOO]VE AVENUE -Fancher Road to Seehorn Road.
THIEftMAN ROAD - Sliarp Avenue to approaimately 300 feet North.
SHARP AVENUE - Tliierman Road to approximately 500 feet West..
LAKC ROAD - approximately 100 feet South of 1?ean Avenue to Alki Avenue.
MALLON AVCNUC -Lalte Road to approximately 300 feet East. .
WHEREAS, the Board of County Commissioners of Spokane County, Washington, fhere upon ftxed
Tuesday, March 4th, 1997 at 5:00 P.M. oF said day, in the Commissioners Hearing Room of the Spokane County
PuUlic Works Building, W. 1026 Braadway Avenue, Spokane, Washington, as the time and place for hearing of said
application and directed the Gounty Auditor to give notice of said hearing; and
WHEREAS, after Iiearin; the testimany given at the hearing and continuing the liearitig to give
- consideration theceto, the Board at'Caunty Cotnmissioners does resolve as follows:
THEREFORE, IT TS ORDERCD tliat the application is approved and Water Franchise No. 57-0350 is -
hereby amended to include tiie aUove-mentioned portion of county raad subject to and conditioned upon the following:
NOW THE[tEFORE, IT IS FURTHER ORDERED that at such. time as Spokane County, its agents or
assigns shatl have sciteduled a project for placement o.f a permanent type pavenient over the street area where the
water iines are constructed, tlle City of Spokane Water Depaftment, its 2gents or assigns, upon requesC of the Counfiy
Engineer, shall stuU out service lines to the !'ronting properties ur lots.
NOW, TFiERL•'FORE, 1T IS FtIRT(ICR ORDEftED that for and in consideration of the rights and
privileges herein set fortli, the grantee agi-ees lhat Spokane County has the right during the term of this franchise, by.
ordinance or resolution, to impose fees for the ribhts ajid privileges granted. The Board of County Commissioners
of Spokane County agrees to provide tliiity (30) days written notice prior tu the imposition of this fee in order to
. negotiate lhe actull rate to be assessed and paynYCnt scliedule.
The asscssment rate and pavtnent schcdule may be based on factors deterniine by tiie }3uard of County
Commissioners aiid may include gross revenues derived from monthly service cliarges paid by subscribers located
witliin Spokane County aiid may include revenues received as instalfation cliarges and fees for reconnections,
inspections, repairs or mociifications af :+ny installatinii in die areas servpd by this francY►ise. Qr, die fee may be
based upon other criteria such as length of facilities in road or number nFservices. Grantee agrees to and shall provicle available fina»cial information to the Board of County Commissioners in
determining the basis for a fee schedule ar the amount to be assessed. Grantee agrees and shall dur.ing regular.'
Uusiness liours and at its affice location in Spoltane Coun[y, Wasfiington, allow ageitts of Spokane County access
for inspectiai aiid. reproduction of all of granlee's business reaords, 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 tlie fee schedule is to be Uased, or is based, on gross revenues. .
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4082514
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03 JOl )1997 09:5~A
C4 Ei~ AES $0.00 Spokane Co, WA
Acceptance of any paymenl due utidec titiis sectiatf shall not Ue deemed to be a waiver of auy breach of this franchise
occurc~ing therelo, nor slia{I the acceptance by Spokacie County of any such payments preclude Spokane County
from later establishing tiiat agrealer amoiuit was actually due, or from collecting any balaiice due.
Jn acceptaitce of lhis franefiise, tlie City of Spokane agrees that it wilt not requice annexation waivers ie _
agreements not to a oppose annexation, as a condition for obtaiitiing service from or making connection to the water
lines authorized under this antendmer►t.
PASSED AND ADOP'l'CD by the Board of County Commissioiters of Spokane County, Wasliington this
4th day of March, 1997.
BOARD OF COUNTY COMMISSIONERS
OF KA COUNTX WASHINGTON
ef••-
•t l~ i. L=~1~.-
, CiC ~'l ' 0
J ROSK LLEY, CHAIRMAN
a~ .
sEAL.As
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~e C~ M. KATE ASLIN
, ~ .
/P14IL D. HARKIS
ATTEST: W iAM E. DONAlIUE
L K OF THE T30ARD/
BY
S)NNE MONTAGUE, DEPU Y
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