Ordinance Summary 15-014 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. 15-014 passed by the Spokane Valley City
Council on the 28th day of July, 2015:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO FATBEAM 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 defines certain words and terms within the ordinance; Section 2 states that the franchise is for a
ten-year period; Section 3 states that no right-of-way fee is imposed; Section 4 sets out provisions
regarding City use and City Reserved Fibers; Section 5 discusses cost recovery; Section 6 states that this
is a non-exclusive franchise; Section 7 is a non-interference clause; Section 8 includes construction
standards; Section 9 deals with Monument Protection; Section 10 addresses tree trimming; Section 11
discusses emergency response; Section 12 discusses the One-Call System; Section 13 discusses safety;
Section 14 concerns the movement of Grantee's facilities for others; Section 15 addresses acquiring new
facilities; Section 16 discusses dangerous conditions; Section 17 deals with hazardous substances; Section
18 states that Grantee shall comply with environmental rules and regulations; Section 19 concerns
relocation and cost of telecommunications facilities; Section 20 addresses abandonment of Grantee's
facilities; Section 21 requires maps and records; Section 22 discusses limitation on future work; Section
23 states that the City reserves the right to refuse any request for a permit to extend telecommunications
facilities; Section 24 addresses remedies to enforce compliance; Section 25 states that nothing contained
in this ordinance restricts the City's ability to adopt any necessary ordinance to regulate the performance
of the conditions of the franchise; Section 26 states that the City may vacate any City road, right-of-way
or other City property in accordance with state and local law; Section 27 grants indemnification; Section
28 requires insurance; Section 29 requires a performance bond; Section 30 deals with modifications;
Section 31 addresses forfeiture and revocation; Section 32 states this franchise may not be assigned or
transferred without City's approval; Section 33 requires Grantee's acceptance not later than 60 days from
passage; Section 34 contains survival language; Section 35 addresses severability; Section 36 explains
renewal; Section 37 deals with notices; Section 38 explains that any litigation would occur in the Spokane
County Superior Court; Section 39 is a non-wavier clause; Section 40 states that this franchise is the
entire agreement; and Section 41 states that the ordinance shall be effective five days after publication.
The full text of Ordinance 15-014 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 7,2015
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 15-
014, that the summary provides adequate notice to the public oft contents of this ordinance, and that
the original ordinance is on file with the City Clerk. //
Al ,i l 'IL
Christine Bainbridge, City Clerk (
SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of AFFIDAVIT of PUBLICATION
NOTICE OF ORDINANCE PASSED NO.
By Spokane Valley City Council
Ordinance No.15-014 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 7th day of August,2015,and ending on the 7th day of August,2015,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
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary
of Ordinance No.15-014 passed by the -- SUBSCRIBE) . d SWORN to before me
Spokane Valley City Council on the 28th This 7th dayof August,2015
day of July,2015: g
AN ORDINANCE OF THE CITY OF State of Washington
SPOKANE VALLEY,SPOKANE COUNTY, %111111///
WASHINGTON,GRANTING ANON- \� E �// County of Spokane
EXCLUSIVE FRANCHISE TO FATBEAM \�` IAA ,J
TO
O CoONmu R ations facilities withT,maintain and in operate
,\ `4.•'•SON e•••� y ',I
public rightS-of-way of the City OF SPO- V Sys 'rA�.• �` , I certify that I know or have satisfactory evidence that
KANE VALLEY,AND OTHER MATTERS .1;W - '9 i
RELATING THERETO. a•.� �•• Michael Huffman is the person who appeared before me,
Section 1 defines certain.words and terms)47U •
within the ordinance;Section 2 states ;V NOTARY I and said person acknowledged that he signed this
that the franchise is for a ten-year period; Z instrument and acknowledged it to be his free and
Section 3 states that no right-of-way fee • PUBLIC ..
is imposed;Section 4 sets out provisions n .:,_0 voluntary act for the uses and purposes mentioned in the
regarding City use and City Reserved . •
Fibers;Section 5 discusses cost recovery; -9 •r 1 .Z.`
Oj •_ in rument.
Section 6 states that this is a non-exclusive ••..........0 S-16 •• �
franchise;Section 7 is a non-interference
clause;Section 8 includes construction '`\\
'4, OF jp.2
standards;Section 9 deals with Monument
Protection;Section 10 addresses tree trim-
ming;Section 11 discusses emergency (Ilene Rae Wentz
response;Section 12 discusses the One-
Call System;Section 13 discusses safety; Title:Notary Public
Section 14 concerns the movement of My appointment expires:OS-16-2019
Grantee's facilities for others;Section 15
addresses acquiring new facilities;Section
16 discusses dangerous conditions;Sec-
tion 17 deals with hazardous substances; 4
Section 18 states that Grantee shall comply .
with environmental rules and regulations;
Section 19 concerns relocation and cost
of telecommunications facilities;Section L ��
20 addresses abandonment of Grantee's
facilities;Section 21 requires maps and
records;Section 22 discusses limitation on
future work;Section 23 states that the City
reserves the right to refuse any request
for a permit to extend telecommunications
facilities;Section 24 addresses remedies to
enforce compliance;Section 25 states that
nothing contained in this ordinance restricts.
the City's ability to adopt any necessary
ordinance to regulate the performance of
the conditions of the franchise;,Section 26
states that the City may vacate any City
road,right-of-way or other City property
in accordance with state and local law;
Section 27 grants indemnification;Section
28 requires insurance;Section 29 requires
a performance bond;Section 30 deals
with modifications;Section 31 addresses
forfeiture and revocation;Section 32
states this franchise may not be assigned
or transferred without City's approval;Sec-
tion 33 requires Grantee's acceptance not
later than 60 days from passage;Section
34 contains survival language;Section 35
addresses severability;Section 36 explains
renewal;Section 37 deals with notices;
Section 38 explains that any litigation would
occur in the Spokane County Superior
Court;Section 39 is a non-wavier clause;
�taton that thie frannhice lc the