Order Granting Amendment 05/08/1990
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rBOARD 01 JUNTY COMMISSIONERS OF SPOKANE J[~TY, WASHINGTON
7BEFORE-THE ~
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IN THE MATTER OF APPLICATION OF THE CITY ) VOL. PAGE 2-81
OF SPOKANE FOR AN AMENDMENT TO FRANCHISE )
N0 . 5 7-0 35 0 TO INCLUDE ADDITIONAL . ) ORDER GRANTING AMENDMENT
ROADS IN SPOKANE COUNTY - LAKE ROAD AND )
SHA.RP. AVENUE ) .
WHEREAS, the CITY OF SPORANE has filed an application for an amendment to Franchise
No. 57-0350 to include additiona.l roads as follows: LAKE ROAD - from 170 feet..North of Dean Avenue to 75 feet South of Dean Avenuea
SHARP AVFNUE - from Dyer Street to 450 feet East.
All located in Section 13, Township 25 N., Range 44 E.W.M.
WHEREAS, the }3oard.of County Commissioners of Spolcane County, Washington, thereupon
fixed TUESDAY, MAY 8, 1990 at 5:30 pem. of said day, in the.Council Chambers of fihe
Spolcane City Hall, Spokane, Washington, as the time and place for hearing -of said
application and directed the County Auditor to give notice of said hearing; and
THEREFORE, IT IS.ORDERED that the application is approved and Franchise No,:57-0350
are lzereby amended to include the above mentioned portion of county road subject to and
conditioned upon the following: .
. NOW THIIZEFORE,. 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 waterlines are constructed, the City of Spokane.Water
Department, its agents or assigns, upon request of the County Engineer, shall'stub out
service -1.ines to the fronting properties or lots.
NOW, THEREFORE, IT IS FURTHER ORDERED that for and in consideration of the rights
and privileges herein set f orth, 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 p=ivileges 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 determined by the
Board of County Commissioners and may include gross revenues derived frvm monthly ser-
vice 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 du ring regular business hours and at its office
location in Spokane County, Washington, a11ow agents of Spokane County access .for
. inspection and reproduction of a11 of grantee's business records, gross revenue re-
ports, 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 fran-
chise 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 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 tliat a
greater amount was actually due, or from collecting any balance dueo .
PASSED AND ADOPTED.BY THE BOARD this 8th day of May, 1990.
BOARD OF.COUNTY COMMISSIONIIZS
OKANE COUNTY, WASH GTON
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Patri i.a A. Mummey, Chair
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. Deputy Clerk' St
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