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Ordinance Summary 16-009 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. 16-009 passed by the Spokane Valley City Council on the 7`''day of June, 2016: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING TO AVISTA CORPORATION A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT AND MAINTAIN POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DISTRIBUTION OF ELECTRICITY WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. Section 1 defines certain terms and words within the ordinance; Section 2 grants the Franchise to Avista; Section 3 states that no right-of-way use fee is imposed for the term of this franchise; Section 4 addresses recovery of costs; Section 5 contains a non-exclusivity clause; Section 6 directs that the grantee shall have the discretion to determine the placement of facilities subject to certain non-interference requirements; 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 acquiring new facilities; Section 15 addresses dangerous conditions and authority of City to abate; Section 16 addresses hazardous substances; Section 17 addresses environmental 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 indemnification; 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 full text of Ordinance 16-009 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: June 17, 2016 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 16-009, 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. s Christine Bainbridge, -ity Clerk SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY In the Matter of AFFIDAVIT of PUBLICATION NOTICE OF ORDINANCE PASSED By Spokane Valley City Council NO. Ordinance No.16-009 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 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 ORDINANCE OUN 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 SUBSC•:':ED and SWOT to before me of June,2016: AN ORDINANCE OF THE CITY OF TYiig..17th day of June, i 16 SPOKANE VALLEY,SPOKANE COUNTY, CORPORATIONS WASHINGTON, ,GRANTING NON-EXCLUSIVE AVISTA ®��%%i I b iiiTY, •WState of Washington FRANCHISE TO CONSTRUCT AND ®‘,'` Cl�G i'V�` ,9� County of Spokane MAINTAIN POLES, ELEVATED AND ® %` iv .fr® UNDERGROUND WIRES,CABLES AND � °EXP 3' APPURTENANCES FOR THE TRANS- /N °•''''''\:•i i9°°, I certify that I know or have satisfactory evidence that MISSION,CONTROL AND DISTRIBU- ;.5 'Ice. a� TION OF ELECTRICITY within the public�;' ar a Michael Huffman is the person who appeared before me, rightS-of-way of the City OF SPOKANE °g 1 ° VALLEY,AND OTHER MATTERS RELAT- a 0 w`0,.O� o 7— and said person acknowledged that he signed this INC THERETO. U `!tea Section 1 defines certain terms and words �g�` ° „ instrument and acknowledged it to be his free and within the ordinance;Section 2 grants the o P °° Franchise to Avista;Section 3 states that m °' ca® voluntary act for the uses and purposes mentioned in the no right-of-way use fee Is imposed for the (� °° 6'N. i 1nStrllTerit. term of this franchise;Section 4 addresses' °° 05-1 °°G,A`°• recovery of costs;Section 5 contains a'p ��°OO +p, J %:,.% 0cs ®® non-exclusivity clause;Section 6 directs ,®� ©� �tl ®®®® 2 that the grantee shall have the discretion a v to determine the placement of facilities '��/g 6 0 6 0 ,.� subject to certain non-Interference require- Jolene Rae Wentz ments;Section 7 states that all work will _- comply with applicable City Codes and Title:Notary Public regulations;Section 8 speaks to protection of monuments;Section 9 addresses tree My appointment expires:05-16-2019 trimming;Section 10 addresses emergency contacts and response;Section 11 slates that Grantee is responsible for becoming G familiar and comply with the provisions of 1 -f_() Washington's One-call statutes;Section I� '" 12 speaks of safety;Section 13 deals with l rl,v 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 i 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 uffertiva,lstn