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Order Granting Amendment 07/09/1996 ~ . , r . ` `~j,;_ .:"'h~ • + - . - G: .~~~G • ~ ' 4074947 - Page: 1 of 2 0111611996 10:37A RESOLLJTION NO. SG 0708 Ct EPG RES $C.Ou Spokane Co, WA BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKA.NE COUNTX, WASHTNGTON IN THE MATTER OF APPLICATION OF ) . THE CITY OF SPOKANE FOR AN ) AMENDMENT TO WATER ) QRDER !GRANTING . FRANCHISE NO. 57-0350 ) A,N7[Li NDME1y7r TO INCLUDE ADDITIONAL ROAD IN ) SPOKANE COUNTY - ALKI AVENUE ) WHEREAS, THE CYTY OF SPOK-ANE has filed with the Board of County Commissioners of Spokane, Washington, a application to amend Water Francliise No. 57-0350, for the purpose of extending said franchise rights to additional road in Spokane County, more particularly described as follows: ALKI A'VENUE - from 700 feet west to 1,000 feet west of Fancher Road. - Located in the Southeast Quarter (SE 114) of Section 14, Township 25 North, Range 43 E.W.M. WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed 1uesday, July 9th, 1996 at 5:00 P.M. of said day, in the Commissioners Hearing Room of the Spokane County Public Works Bldg,, W. 1026 Broadway Avenue, Spokane, Washington, as the time and place for llearing 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 Board of Cuunty Commissioners does resolve as follows: THEREFORE, IT YS ORDERED that the application is approved and Water Franchise No. 57-0350 is hereby amended to include the above-mentioned county road subject to and conditioned upon the following: NOW THEREFQRE, IT IS FURTHER ORDERED that at such time as Spokane Counfiy, its agents or assigns sliall have scheduled a project for placement of a permanent type pavement over the street area where the water Iines is constzucted, the City of Spokane 'VV'ater Department, its agents or assigns, upon request of the County Engineer, shall stub out service lines to the fronting properties or lots. NOW, THEREFORE, YT ZS 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 resalution, to impose fees for the rights and privileges granted. The Board of County Conunissioners of Spokane Coun.ry agrees to provide thirty (30) days written notice prior to the inlposition 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 determine by the Board of County Commisszoners and may include gross revenues derived from monthly service charges paid by subscribers located within Spokane County and nlay 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 lengdi of facilities in road or number of services. Grantee agrees to and shali provide available ftnancial information to the Boaxd of County Commissionexs in detem-iining the basis for a fee schedule or the amount to be assessed. Grantee agrees and shall during regular business hours and afi its office location in Spokane County, Washington, a11ow agents of Spokane County access . for inspection.and reproduction of all of grantee's business records, gross revenue reports, or rules and regulations zelevant to a detenmination 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 sllall 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 tater establishing that a greater amount was actuaily due, or from collecting any balance due. _ 41U ;r4014§~: . r~•,! . Page: 2 of 2 , 3.6 0708 0711611996 10:31A CO EhG AfS $0.00 Spokane Co, WA In acceptance of this franchise, the City of . Spokane agrees that it witl not require annexation_ waivers - ie agreements not to a oppose annexation, as a condition for obtaining service froin or making connection to the waterlines authorized under this amendment. PASSED AND ADOPTED BY THE BOARD this 9th day of July, 1996. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON . Ov C011~.f1 a6!i •o~ P LIP D. HARRIS, CHAIRMAN ~ c o. : g ,ca n , ~ ,~S~r=T'i~ • . / ' . _ SE?II. 4' - ~ JOI3 ROSKELLEY ~ S ~VEfV I~ASSON ~ ATTEST: LIAM E. DONAHUE CL RK OF THE BOARD BY: ~ RO ANNE MONTAGi(JE, DEPUTY l nvucs%u►urmix►siW . , . 1 f • ~ i . . . ' ' . , . 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