2016, 06-07 Summary Ordinance 16-009SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council
Ordinance No. 16-009
STATE of WASHINGTON
County of Spokane
AFFIDAVIT of PUBLICATION
NO.
LEGAL NOTICE
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 17th day of June, 2016, and ending on the 17th day of June, 2016, 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. 16-009 passed by the
Spokane Valley City Council on the 7th day
of June, 2016:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING TO AVISTA
CORPORATION A NON-EXCLUSIVE
��`►VIII//o0,
FRANCHISE TO CONSTRUCT AND \\ E
ELEVATED AND ..14,,‘
` 5.. �`�/ /0
MAINTAIN POLES, `/
UNDERGROUND WIRES, CABLES AND
APPURTENANCES FOR THE TRANS- �\ � CDN•Exp%,9•.
TION OF ELECTRICITY within the public . j�
rights of way of the City OF SPOKANE D •�S
MISSION, CONTROL AND DISTRIBU- : 5 (C•• et
VALLEY, AND OTHER MATTERS RELAT- , • en �V
_.O\
G THERETO
•
:Z
IN • U
Section 1 defines certain terms and words. \ JL.5 0
within the ordinance; Section 2 grants the � V
Franchise to Avista; Section 3 states that
no right-of-way use fee is imposed for the () 19.
term of this franchise; Section 4 addresses' or',
r O5-iQ, •• 4
recovery of costs; Section 5 contains a �j'.(l� ••.... •" P`'
non-exclusivity clause; Section 6 directs dr ,, \
that the grantee shall have the discretion /// I OF si \
to determine the placement of facilities `VIII I: �,�`
subject to certain non-interference require-
ments; Section 7 states that all work will
comply with applicable City Codes and
regulations; Section 8 speaks to protection
of monuments; Section 9 addresses tree
trimming; Section 10 addresses emergency
contacts and response; Section 11 states
that Grantee is responsible for becoming
familiar and comply with the provisions of
Washington's One -call statutes; Section
12 speaks of safety; Section 13 deals with
temporary movement of Grantee's facilities
for others; Section 14 speaks to acquir-
ing new facilities; Section 15 addresses
dangerous conditions and authority of City
to abate; Section 16 addresses hazardous
substances; Section 17 addresses environ-
mental regulations; Section 18 concerns the
relocation of facilities; Section 19 concerns
abandonment of facilities; Section 20
discusses the requirement of maps and
records; Section 21 speaks to limitation
on future work; Section 22 discusses the
reservation of rights by City; Section 23
addresses remedies to enforce compliance;
Section 24 concerns City ordinances and
regulations; Section 25 states what the City
may vacate; Section 26 addresses indem-
nification; Section 27 discusses insurance;
Section 28 concerns performance bond
relating to construction activity; Section 29
states that the parties reserve the right to
modify the franchise; Section 30 concerns
forfeiture and renovation; Section 31 states
• that this franchise may not be assigned or
transferred without written approval of City;
Section 32 concerns acceptance of this
Franchise; Section 33 addresses survival;
Section 34 concerns severability; Section
35 concerns renewal; Section 36 explains
the notice procedure; Section 37 states
that any litigation shall be in the Spokane
County Superior Court: Section 38 includes
a non -waiver statement; Section 39 states
that this franchise constitutes the entire
agreement; and Section 40 provides an
effective date.
The lull text of Ordinance 16-009 is available
at the City of Spokane Valley City offices as
identified above. Acopy will be mailed upon
request to the City Clerk.
Christine Bainbridge, City Clerk
Published: June 17, 2016 -
SUBSC•:'0ED and SWO to before me
ThisJ,7th day of June, i 16
State of Washington
County of Spokane
I certify that I know or have satisfactory evidence that
Michael Huffman is the person who appeared before me,
and said person acknowledged that he signed this
instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the
instrutt�ient.
Jolene Rae W n
Title: Notary Public
My appointment expires: 05-16-2019