Order Granting Amendment 10/04/1994 . ;
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RESOLUTION NO. 94.1333 Qe~ :
YOI. HoWAGE t~.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOK:~►*9Oi~jV~~~HINGT0N
IN THE NTATTER OF APPLICATION OF )
THE CITY OF SPOKANE FOR AN AMENDMENT )
TO WATEit FRANCHISE NO. 57-0350 ) ORIDEIt GRANTTIIIVG
TO INCLUDE ADDITIONAL ROADS IN ) . AMENDMENT
SPOKANE COUNTY - SHARP AVENUE` )
AND THIERMAN STREET
WHEREAS, THE CITY OF SPOKANE has filed with the Board of County Commissioners of
Spokane, Washington, a application to amend Water Franchise No. 57-0350, for the purpose of extending
said franchise rights to additional road in Spokane County, more particularly described as follows:
SHAJtP AVEN[TE - from Dyer Road east to Thierman Street.
TMEIZ1ViAN STRIEET - from Sharp Avenue north approximately 300 feet. .
Located in the Northwest Quarter (NW 1/4) of Section 13, Township 25 North, Range 43 E.W.M.
WHEREAS, the Board of County Commissioners of Spokane County, Washington, there upon
fixed Tuesday, September 27th, 1994 at 5:30 P.M. of said day, in the Commissioners AssembIy Room
of the Spokane County Public Works Building, W. 1026 Broadway Avenue, Spokane, Washington, as
the time and place for hearing of said application and directed the County Auditor to give notice of said _ hearing; and
WHEIZ.EAS, after hearing 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 Water Franchise No. 57-
0350 is hereby amended to include the above-mentioned portion of county roads 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 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 ftom 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 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.
Crantee 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 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 schedule is to be based, or is based,
on gross revenues.
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Y Ol. 16 o PAGE 403 .
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.
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 water lines authorized under this amendment.
PASSED AND ADOPTJED BY THE BOARD this 4th day of October, 1994.
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BOARD OF CO NTY
COMIVIIS]SIONERS
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OF SPO TY, W INGTON
Steven asson, Chair .
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Chilberg
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Patricia A. Mummey
ATTEST: IAM E. DONAHUE.
i C RK OF THE OARD
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BY
DEPUTY
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