Order Granting Amendment 07/23/1991
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91
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 91 IG(`6
IN THE MATTER OF APPLICATION OF )
THE CITY OF SPOKANE FOR AN AMENDMENT )
TO WATER FRANCHISE NO. 57-350 ) ORUElZ GRANTIIVG AMENDMENT
TO INCLUDE ADDTI'IONAL ROADS IN )
SPOKANE COUNTY - DESMET AVENUE )
WHEREAS, THE CITY OF SPOKANE has filed with the Board of County Commissioners of
Spokane, Washington, a application to amend Franchise No. 57-350, for the purpose of extending said
franchise rights to an additional portion of road in Spokane County, more particularly described as
follows: DESMET AVENIJ]E - from Lake Road to 300 feet East in Section 13, Township 25
North, Range 43 E. W. M.
WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon fixed TUESDAY., 7uly 23rd, 1991 at 5:30 P.M. of said day, in the Council Chambers of the Spokane
City Hall, W., 808 Spokane Falls Blvd., Spokane, Washington, as the time and place for hearing of said
appl ication and directed the County Auditor to give notice of said hearing; and
WHEREAS, after heairing the. testimony given at the hearing and continuing the hearing to give
consideration thereto, the Board of County Commissioners does resolve as follows:
THEREFORE, IT IS ORDERED that the application is approved and Franchise No. 57-350 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 scheduIed 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 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
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 instalIation 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 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 reIevant to a determination of :he 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.
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E. DGNAHUE
AUDI7QR
,POitANE, couN-rY, wA$m,
TE ROFFICE
IN
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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 that a greater amount was actually due, or from
collecting any balance due. -
PASSED AND ADOPTED BY THE BOARD this 23rd day of July, 1991.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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P-
Jo R. McBride, h irman
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Patricia A. Mu
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Steven n
A7.TTEST: W LIAM E. DONAHUE
RK OF, THE BOARD
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