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Order Granting Amendment 06/11/1985 85 0485 BEFORE THE BOARD OF COUNTY CONIIMISSIONEKS OF SPOKANE COUNTY, WASHINGTUN IN. TflE NtATTER OF APPLICATION UF THE . ) CITY (7F Ct'fY OF SYOhANE N'OR AN ) AAiENDMENT TO F'RANCHLSE N0. 57-350 TO ) INCLUDE ADDITrONAL COUNIY ROADS IN ORDER GRANTING AMENDMENT ~SpOKANE COUNTY, WASHINGTON ) WHEREAS, THE CITY OF Sk'OKANE has filed an application for an amendment.to Franchise No. 57-.350 to include additional roads in Spokane County as follows: DEAN AVENUE - from David to Dyer Road. WHEREAS, the Board of County Commissioners of Spokane County,. Washington, thereupon fixed TUESDAY, JUNE 11, 1985 at 10:00 a.mo of said day, aC the office of the Board of County Commissioners in the Spokane County Courthouse, as the time and place for hearing of said application and directed the County Auditor to give notice of said hearing; and WHEKEAS, no person appeared to object. NOW THEREFORE,. TT IS ORDERED that the application is approved and Franchise No. 57-350 is hereby amended to include the above-mentioned portions of county roads. NOW THEREFORE, IT YS NUKTHER nRDERED that at.such time as Spokane County, its agents or assigns shall have scheduLed a project For placemenC of a permanent type pavement over ttie street area wliere Che water line is constructed, the City of Spokane Water Department, its agents or assigns, upon request of.the County Engineer, shall stub uut water service wa'ter lines to the fronting properties or lots. NOW, THEREFORE, IT IS FURTHEK 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 Commissionzrs of Spokane County agrees to provide thirty (30) days written notice prior to the imposftion 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 grvss revenues derived from monthly service charges paid by subscribers located within Spokane County and may include revenues re-- ceived as installation charges and fees for reconnections, inspections, repairs or modifi- cations 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 avai.lable ftnancial information Co the Board of County Commissioners in determining the basis for a fee schedule or Che 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 dnd regulations relevant to a determination of the gross revenues received by grantee f rom the areas served by the facilities permitCed 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 shalt not be deemed to be a waiver (:)f 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 balance due. APPROVED BY THE BOARD this 11th day of June, 1985. BOARD OF COUNTY COMMISSIOI3EitS OF SPOKANE COUNTY, WASNINGTON r ATTES'f: W.I LIAM: E. DONAHUE " CL . KOF TNE B D , ~ ~ - r` ~~fr, ~ : J ` ) IiY------ eputy Z:1 erTc ~ 1 '