2018, 04-10 Summary Ordinance 18-010 Mobilitie FranchiseSUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council
Ordinance No. 18-010
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
Iierald, 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 27th day of April, 2018, and ending on the 27th day of April, 2018,.all dates inclusive, and
that such newspaper was regularly distributed to its subscribers during all of said period:
Clay of Spaokarr1 0/ 4
IMO 1'' Sayagaee.
Spofteno Vene51 W040206..
cam naiSCI00
Nome* OF ORDINANCE PASSED
5W SPOKANE VAI EV CTEIf COUNCIL I
The toltpwing is the rtitle and summary
Of Ordinance No. 153-010 passed by the
Spokane Valley Clty'Council on the 10th
day of April, 2010:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON -[55'
CL USI WE FRANCHISE TO MOBILITIE,
LLC, A NEVADA LIMITED LIABILITY
COMPANY '1'O CONSTRUCT, maintain
'and operate Ielec01000nicallons fadlifles
within the public righlS-of-way of the City
OF SPOKANE VALLEY, AND OTHER MAT- '•
TERS,RELATING THERETO.
Section 1 defines certain words and terms
within the ordinance; Sec tion 2 grants Mo-
bIlitie a franrhlse fora period of ten years; I;b
Section 3 explains that no 101 -01 -way fee „yl
is unposed for the term of this franchise;
Section 4 sets out specitic provisions
regarding City use; Section 5 addresses
recovery of costs; Section::6 contains the
hon -exclusivity clause;<¬ion 7'deats 20
with non rnlerterence with ex/stingier:11.s;
'schen S discusses construction standards;
Seet1nn 9 allows for the protection of monu-
ments; Section 10 grants authority for tree
tn.-rung at grantees expanse; Section 11
includes an emergency response; Section
12 states Grantee is responsible becoming
familiar with and understanding the ane -call
system; Section 13 states facilities shall
be. constructed in a safe and operational
condition; Section 14 discusses movement
of Grantee's 4elecorni 00010 tines facilities
for others, Section 15 addresses Grantee's
acquisition of any new 4elecommunirretion
Mollifies, Section 16 addresses dangerous
conditions and the authority of file City
to abate; Section 17 concerns hazard-
ous substances; Section 16 hates Yhal
Grantee shall complywith all environmental
protection laws and hold the City harmless
from any damages arising as a result o1
Grantee's failure to comply with ouch laws;
Section 19 explains the process for any
relocation 01 telecommunications faculties;
Section 20 speaks to abandonment of
Grantee''
4eleeern 0nlcalions facilities;
Section 21 states Grantee shall provide
maps and records at no cost to City; Sec
iron 22 concerns 110 tat'ien en future work;
Section 23 addresses reservalrou Of rights
by City to rebase any request fora permit
to extend thanes; Section 24 concerns
remedies to. enforce compliance° Section
25 states' that City ordinances and regula-
tions W111 be adhered to; Section 20 states
the City mayvacate any properly subject to
rights granted by this franchise according
to stale and local law; Section 27 includes
Indemnification language; Section 28
states Grantee shall procure an41 maintain
insurance as noted; Section 29:addresses
performance bond relating to oonsiruotion
activity; Section 30 states Ihat the City and
Grantee reserve the 0ght to modify the
terms of **franchise upon Written agree-
ment 0t- both parties; Section 31 speaks
of forfeiture and revocation; Section 32
slates this franchise may not be assigned
ar transferred without written approval of
the Gay; Section 33 states that acceptance
aF1his oaf vialise from Granters must be no
later than 60 days after passage; Section
34addresses seivivak Section 35 speaks to
severability; Section 36 addressesrermwal;
Section 37 provides for notice, Section 30
states wheremat litigation between City and
Grantee must occur, whether if tiled In the
state court or If in the federal coat; Section
39 contains a non -waiver provision; Section
40 states that Ihls francfllse onnstituies the
entire agreement; and Section 41 provides
for an effee1ve date.
The frill text of Ordinance 18010 ie available
M the City of Spokane Valley City offices as
identified above. A copy wlilha mailed upon
request to the City Clerk.
Christine Bainbridge, City Clerk
Published: April 27, 2010
/SIJBSC,J ED anki WORN to before me
iThiaeth day of April, 2018
State of Washington
County of Spokane
u'n i2.11 y'Ad::;�iM1
PUEyI jc":
1 certify that 1 know or have satisfactory evidence that
Michael Iluffman 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
instrument.
Jolene Rae Wertz
Title: NotatyPublic
My appointment expires: 05-16-2019