Order Granting Amendment - old
RESOLUTION NO. 12"Af
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER 4F APPLICATION OF )
THE SPOKANE COUNTY WATER ) ORI)ER GItANTING AMEND1VdENT
DISTRICT NO. 3 FOR AN AMENDMENT )
TO WATER FRANCHISE NO. 75-389 )
TO INCLUDE ADDITIONAL ROAD IN )
SPOKANE COUNTY - 24TH AVENUE ) -
WHEREAS, the SPOKANE COUNTY WATER DISTRICT NO. 3 has filed with the Board of County
Commissioners of Spokane, Washington, a applicativn to amend Water Franchise No. 75-389, for the purpose of
extending said franchise rights to additional road in Spokane County, more particularly described as follows:.
24TH AVENU]E - froaa Dishunan Mica Road west approximately 850 feet in Section 29,
Township 25 North, ltange 44 E.W.M.
WHEREAS, the Board of County Commissioners of Spokane County, Washington; there upon fixed
, Tuesday, November 7th, 1995 at S:OO P.M. of said day, in the County Commissioners Hearing 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
WHEREAS, after hearing the testimony given at the hearing and. continuing the hearing to give
consideration thereto, the Board of County Commissioners does resolve as foliows:
THEREFORE, IT IS ORDERED that the application is approved and Water Franchise No: 75-389 is
hereby amended to include ttie 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 wliere the
waterlines are constructed, the Spokane County Water District No. 3, 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 URDERED 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
Conunissioners of Spokane County agrees to provide fhirty (30) days wriften 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 monthiy 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.
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 off ce 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. .
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 7th day of November, 1995.
BOARD OF COUNTY COMMISSIONERS
OF SPOKA COUNTY, WASHINGTON
ATTEST: M E, DONAHUE P IL D. HARRIS, CHA RMAN
L OF THE BO -
BY STEVEN ASSON -
. RdSANNE MONTAGUE, DEPUT
~ GtORGE A. MARLTON