Ordinance Summary 14-009 City of Spokane Valley
11707 E. Sprague
Spokane Valley, WA 99206
(509)921-1000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of Ordinance No. 14-009 passed by the Spokane Valley City
Council on the 12th day of August,2014:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO NOEL COMMUNICATIONS, INC. TO
CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE
PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS
RELATING THERETO.
Section 1 sets out certain definitions; Section 2 grants the franchise to Noel Communications, Inc.;
Section 3 explains there is no right-of-way use fee imposed for the term of this franchise; Section 4 sets
out specific provisions regarding City use; Section 5 explains recovery of costs; Section 6 state that this
franchise is non-exclusive; Section 7 discusses non-interference with existing facilities; Section 8 sets out
construction standards; Section 9 states that grantee shall comply with applicable state laws relating to
protection of monuments; Section 10 grants authority for tree trimming when necessary; Section 11
explains emergency response; Section 12 states that Grantee is responsible for the one-call system;
Section 13 addresses safety; Section 14 discusses movement of grantee's telecommunications facilities
for others; Section 15 discusses acquiring new telecommunications facilities; Section 16 discusses the
authority of the City to abate dangerous conditions; Section 17 addresses hazardous substances and
Section 18 states that grantee shall comply with all environmental protection laws and regulations;
Section 19 states that grantee agrees and covenants to protect and/or relocate or remove any of its
facilities when so required by the City; Section 20 discusses abandonment of facilities; Section 21 states
that Grantee shall provide maps and records to the City; Section 22 addresses limitation on future work;
Section 23 calls for a reservation of rights by City; Section 24 addresses remedies to enforce compliance;
Section 25 explains that the City continues to have the ability to adopt and enforce any ordinance
regulating the performance of the conditions of this franchise; Section 26 explains that the City may
vacate any City road or right-of-way subject to rights granted by this franchise; Section 27 addresses
indemnification; Section 28 calls for maintenance of insurance; Section 29 discusses performance bond
relating to construction activity; Section 30 grants the City and Grantee the right to amend the terms upon
proper notification; Section 31 explains forfeiture and revocation; Section 32 states this franchise may not
be assigned or transferred without written approval; Section 33 explains the acceptance procedure;
Section 34 deals with survival of the provisions; Section 35 speaks of severability; Section 36 sets out the
renewal or extension terms, Section 37 sets out noticing addresses; and Sections 38, 39, 40 and 41 deal
with choice of law,Non-waiver, entire agreement, and effective date, respectively.
The full text of Ordinance 14-009 is available at the City of Spokane Valley City offices as identified
above. A copy will be mailed upon request to the City Clerk.
Christine Bainbridge, City Clerk
Published: August 22,2014
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 14-
009, that the summary provides adequate notice to the public of t le contents of this ordinance, and that
the original ordinance is on file with the City Clerk. /
/rh —4i P
has m e .ainbridge,City.Clerk
SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of AFFIDAVIT of PUBLICATION
NOTICE OF ORDINANCE PASSED NO.
Spokane Valley City Council
Ordinance No. 14-009 LEGAL NOTICE
STATE of WASHINGTON
County of Spokane
MICHAEL HUFFMAN being first duly sworn on oath deposes and says that he is the EDITOR of the Spokane Valley News
Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more than six months prior
to the date of publication hereinafter referred to,published in the English language continually as a weekly newspaper in Spokane
County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of
the State of Washington in and for Spokane County. That the following is a true copy of a Legal Notice as it was published in
regular issues commencing on the 22nd day of August,2014, and ending on the 22nd day of August,2014,all dates inclusive,
and that such newspaper was regularly distributed to its subscribers during all of said period: ,
City of Spokane Valley •
11707 E.Sprague
Spokane Valley,WA 99206
(509)921-1000
NOTICE OF ORDINANCE PASSED
/TheBY SPOKANE VALLEY CITY COUNCIL / 74/-
The
following is the title and summary of
Ordinance No.14-009 passed by the Spo- `n SCRI:r. . d SWORN to before me
kane Valley City Council on thet2th day of
August,2014: this 22nd da of August,2014
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY,SPOKANE COUNTY, 4,r�•t U i' (f r State of Washington
WASHINGTON,GRANTING A NON-EX- S% 6 c
CLUSIVE FRANCHISE TO NOEL COM- ,Ns� i: df '' County of Spokane
MUNICATIONS,INC.TO CONSTRUCT, - ',.,[0•300,,, 01'.r(f;;;Gr,
MAINTAIN AND OPERATE TELECOM- • ,r• �'"/t EX j, • ty
,b -
MUNICATIONS FACILITIES WITHIN THE ,-,' 1),;,,..•,'
"co\Q o,''� I certifythat I know or have satisfactoryevidence that
PUBLIC RIGHTS-OF-WAY OF THE CITY 4 ,,WSJ £ .-,-
OF SPOKANE VALLEY,AND OTHER MAT- a -4,* Michael Huffman is the person who appeared before me,
TERS RELATING THERETO. r`a o ,t� „
Section 1 sets out certain definitions;Sec- ... o v 0%f-. a --=''' "' and said person acknowledged that he signed this
tion 2 grants the franchise to Noel Commu- "x:r ,, \NA °
nications,Inc.;Section 3 explains there is y 11?�;.�, = ` -instrument and acknowledged it to be his free and
no right-of-way use fee imposed for the term o t1" ' " ti:
ra voluntary act for the uses and purposes mentioned in the
of this franchise;Section 4 sets out specific , a z� cq
provisions regarding City use;Section 5 ' �^• °, 5; y
explains recovery of costs;Section 6 state . s+'+ `o „r_1 �_ s"a^ y, InStI It ant.
that this franchise is non-exclusive;Section 6' o,t°°°'
d,`Y.' t.,\,,, _
7 discusses non-interference with existing -' n-, ti Ix a,1ti{ tib R...,..---,_
facilities;Section 8 sets out construction L
standards;Section 9 states that grantee ��y `
shall comply with applicable state laws (�„dJ c 5'S bat Jolene Rae Wentz
relating to protection of monuments;Section
10 grants authority for tree trimming when Title:Notary Public
necessary;Section 11 explains emergency Myappointment expires:5-16-15
response;Section 12 states that Grantee is pP
responsible for the one-call system;Section
13 addresses safety;Section 14 discusses
movement of grantee's telecommunications
facilities for others;Section 15 discusses -
acquiringnewtelecommunicationsfacilities; 1 0`'
Section 16 discusses the authority of the
City to abate dangerous conditions;Sec- C L
tion 17 addresses hazardous substances l�/
and Section 18 states that grantee shall
comply with all environmental protection
laws and regulations;Section 19 states that
grantee agrees and covenants to protect -- section 29 discusses performance bond
and/or relocate or remove any of its facili- relating to construction activity;Section
ties when so required by the City;Section 30 grants the City and Grantee the right to
20 discusses abandonment of facilities; amend the terms upon proper notification;
Section21 states that Grantee shall provide Section 31 explains forfeiture and revoca-
maps and records to the City;Section 22
addresses limitation on future work;Sec- noton;Sectionasi 32 statesr this transferred francie may
tion 23 calls for a reservation of rights by wrbe assigned Section 33ewithout
City;Section 24 addresses remedies to acceptanceten approval;procedure;Section explains deals t s
enforce compliance;Section 25 explains withsurva fthe ssSection 5
that the City continues to have the ability to with speaks off severability;the provisions;36 es out
adopt and enforce any ordinance regulating therenewal orextension
Section sets out
the performance of the conditions of this out or noticing res fea Section ns
franchise;Section 26 explains that the City 38,
9, 04 addresses;with and Sections
oflaw,
may vacate any City road or right-of-way No -w 40 and 41 deal me ,achnd
fe caw,
subject to rights granted by this franchise; Non-waiver,entireeagreement,and effect ve
Section 27 addresses indemnification;Sec- date,respectively.
Ordinance
tion 28 calls for maintenance of insurance; The full texttyof Spokane
Valley City09 is available
at the City Spokane offices as
identified above.Acopy will be mailed upon
request to the City Clerk.
Christine Bainbridge,City Clerk
Published:August 22,2014
I certify that I believe the foregoing sum-
mary to be a true and complete summary
of Ordinance No.14-009,that the summary
provides adequate notice to the public of
the contents of this ordinance,and that
the original ordinance is on file with the
City Clerk.