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2016, 08-16 Summary Ordinance 16-013SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY In the Matter of NOTICE OF ORDINANCE PASSED By Spokane Valley City Council Ordinance No. 16-013 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 26th day of August, 2016, and ending on the 26th day of August, 2016, all dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: City of Spokane Valley 11707E Sprague Spokane Valley, WA 99206 (009) 921-1000 NOTICE OF ORDINANCE PASSED BY SPOIGANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 16-013 passed by the Spokane Valley City Council on the 16th day of August 2016: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING TO INLAND POWER & LIGHT A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT AND MAINTAIN POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANS- MISSION, CONTROL ANO DISTRIBU- TION OF ELECTRICITY within the public righIS+of-way of the City OF SPOKANE VALLEY, AND OTHER MATTERS RELAT- ING THERETO. Section 1 includes definitions of words and terns used throughout the Ordinance; Sec- tion 2 grants the franchise to Inland Power & Light for a period of twenty-five years; Section 3 states that no right-of-way fee is imposed for the term of this franchise: Sec- tion 4 discusses recovery of costs of pub- lications, r_. as well as permit and inspection Q ` \ tees. Section 5 includes a non -exclusivity /viii I i l l t t tk`\ clause; Section 6 addresses non-interfer- ence with existing facilities. Section 7 sets out construction standards; Section 8 ad- dresses protection of monuments; Section 9 addresses tree trimming; and Section 10 explains emergency responses. Section 11 includes information about the one -call system; Section 12 addresses safety; Sec- tion 13 explains temporary movement 01 Grantee's facilities for others; Section 14 deals with acquiring new facilities; Section 15 sets out the authority of City to abate regarding dangerous conditions; Section 16 addresses hazardous substances; Sec- tion 17 deals with environmental laws and regulations; Section 18 discusses relocation of facilities; Section 19 discusses abandon- ment of Grantee's facilities; and Section 20 states that maps and records are required. Limitation on future work is addressed under Section 21; reservation of rights by City is - addressed in Section 22; Section 23 deals with remedies to enforce compliance; and Section 24 addresses city ordinances and regulations. Section 25 discusses vacation of roads, rights-of-way or other City prop- erty; Section 26 deals with indemnification; Section 27 discusses needed insurance; Section 28 addresses performance bond relating to construction activity; Section 29 states the parties reserve the right to modify the terms of this franchise upon certain conditions; Section 30 deals with forfeiture and revocation; Section 31 ad- dresses assignment; Section 32 discusses time of acceptance; Section 33 includes survival stipulations; Section 34 addresses severability; Section 35 allows for renewal; Section 36 explains the notice procedure; Section 37 discusses choice of law for any litigation; Section 38 includes a non -waiver clause; Section 39 declares. that this ordi- nanceconstilutes the entire agreement; and Section 40 provides for an effective date. The full text of Ordnance 16-013 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 26, 2016 \S` ck.- W64;111. ,S` ��4, 0611 aisiA 'i ;`.. Fes% I certify that I know or have satisfactory evidence that • ' ' . Michael Huffman is the person who appeared before me, Q :O� OSP G % G' :,and said person acknowledged that he signed this tr.) �Q���'` : 0 ~—instrument and acknowledged it to be his free and N°jt ,. „ voluntary act for the uses and purposes mentioned in the ;,,it$vJ�;, • 05.6.° -' ' ,w instrumen rl \\ V� \ SUBSCRIB' 6 and SWORN to before me This 26th day of August, 2016 State of Washington County of Spokane 7olen Title: Notary ublic My appointment expires: 05-16-2019 ae Wen