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Order Granting Amendment 05/19/1992 .'9205280391 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 92 0669 657 IN THE MATTER OF APPLICATION OF THE CITY 4F SPOKANE FOR AN ) AMENDMENT TO WATER ) OltDER GRArITYNG FRANCHISE NO. 57-0350 ) AMENDM]ENT TO INCLUDE ADDITIONAL ROADS IN ) SPOKANE COUNTY WHEREAS, THE CI'TY OF SPOKANE has filed with the Board of County Commissioners of Spokane, Washington, a application to amend Franchise No. 57-0350, for the purpose of extending said franchise rights to an additional portion of road in Spokane County, more particularly described as follows: ]KNOX AVENUE - from Fancher Road to Dickey Road. DICKEY ROAD - from Knox Avenue to Mansfield Avenue. Located in the Southwest Quaiter (SW 1/4) of Section 12, Township 25 North, Range - 43 E.W.M.. WHEREAS, the Board of County Commussioners of Spokane County, Washington, there upon fixed TUESDAY, May 19th, 1992 at 5:30 P.M. of said day, in the Council Chambers of the Spokane City Hall, W. 808 Spokane Fa11s Blvd., Spokane, Washington, as the tune 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 Boazd of County Commissioners does resolve as follows: THEREFORE, IT IS ORDERED that the application is approved and Franchise No. 57-0350 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 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 i.n 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 facilities in road or number of services. Grantee agrees to and shall provide available fmancial information to the Board of County Commissioners in deternaining _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 sch e du le is to be bas e d, or is bas e d, on gross revenues. . . . . r . . . z YCI. ~L 8 PAGE 92 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 fronilater 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 connection to the waterlines authorized under this. amendment. . PASSED AND ADOP'TED BY THE BOARD this 19th day of May, 1992. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, VYASHINGTON a Ote- R. McBride hairman ~ Patricia A. Mu Steven H son . , : . . - . N A ST:WI~,LIAIGF,E: ONAHUE '-.`OF'~TH B ARD ; .•~Y:. .~t~'~~ i. •1Y~lV~ t l~ . . IkVVC6N1111Iff9RMaccc.dlC . ' . ' ' . . . -i .