2018, 04-10 Summary Ordinance 18-008 MCI Metro FranchiseSUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
Notice of Ordinance Passed
By Spokane Valley City Council
Ordinance No. 18-008
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 Ienal nc\vspaper 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 heal approved as a legal newspaper by order of the Superior Court of
the State of Washington in and for Spokane County. 1'v 1t the following is a true copy of a Legal Notice as it was published in
regular issues commencing on the 18th day of May, 2008, and ending on the 18th day of May, 2018, all dates inclusive, and
that such newspaper was regularly distributed to its subscribers during all of said period:
City of Spokane Valley
10210 E. Sprague
Spokane Valley, WA99206
(509) 720.5000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary
of Ordinance No. 18-008 passed by the
Spokane Valley City Council on the 10th
day of April, 2018:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EX-
CLUSIVE FRANCHISE TO MCIMETRO
ACCESS TRANSMISSION SERVICES �, 110 C /t
Corp. d/b/a VERIZON ACCESS TRANS- �. ` ` RAC 'A. '/®
MISSION SERVICES TO CONSTRUCT,YY�
maintain and o erste telecommunicationsfacilities within the public rights-ol-way of r g40N l-• •� s
the City OF SPOKANE VALLEY, AND OTH-•
ER MATTERS RELATING THERETO. ,`� Gn;
Section 1 defines certain words and terns ° 0 NOTARY [P•
within the ordinance; Section 2 grants MCI- ° U
Sefton 3ancla:rforap prig right-of-way
����'�
Section 3 explains That no right-of-way tee o : Z -
is imposed for the term of this franchise; a, 0
Section 4 sets out specific provisions a
regarding City use; Section 5 addresses r�`^,
recovery of casts; Section 6 contains the ; `;\'•� n$- 1 J-�9 •` \C
non -exclusivity clause;"Section 7 deals ••"" "" K-4
with non-interference with existing facilities;„ /�� 'pn-AV
Section 8 discusses construction standards;!'�1 ®\\'
Section 9 allows for the protection of mono- e 4 b# 00 1 p. 0
mems; Section 10 grants authority for tree
trimming al grantee's expense; Section 11
includes an emergency response; Section
12 states Grantee is responsible becoming
familiar with and understanding the one -call
system; Section 13 states facilities shall
be constructed in a sale and operational
condition; Section 14 discusses movement
of Grantee's telecommunications facilities
for others; Section 15 addresses Grantee's
acquisition of any new telecommunication
facilities; Section 16 addresses dangerous
conditions and the authority of the City
to abate; Section 17 concerns hazard-
ous substances; Section 18 states that
Grantee shall comply with all environmental
protection laws and hold the City harmless
from any damages arising as a result of
Grantee's failure to comply with such laws;
Section 19 explains the process for any
relocation of telecommunications lacflities;
Section 20 speaks to abandonment of
Grantee's telecommunications 'facilities;
Section 21 stales Grantee shall provide
maps and records at no cost to City; Sec-
tion 22 concerns limitation on future work;
Section 23 addresses reservation of rights
by City to refuseany request for a permit -
to extend facilities; Section 24 concerns
remedies to enforce compliance; Section
25 states that City ordinances and regula-
tions will be adhered to; Section 26 states
the City may vacate any property subject to
rights granted by this franchise according
to state and local law; Section 27 includes
indemnification language; Section 28
states Grantee shall procure and maintain
insurance as noted; Section 29 addresses
performance bond relating to construction
activity; Section 30 states that the City and
Grantee reserve the right to modify the
terms of this franchise upon written agree-
ment of both parties; Section 31 speaks
of forfeiture and revocation; Section 32
states this franchise may not be assigned
Or transferred without written approval of
the City; Section 33 states that acceptance
o, this ordinance from Grantee must be no
later than 60 days after passage; Section
34 addresses survival; Section 35 speaks to
severability: Section 36 addresses renewal;
Section 37 provides for notice; Section 38
stales where any litigation between City and
Grantee must occur, whether if filed in the
state court or if in the federal court; Section
39 centainsa non -waiver provision; Section
40 stales that this franchise constitutes the
entire -agreement; and Section 41 provides
for an effective date.
The full text of Ordinance 18-008 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: May 18, 2018
A01.1°.ellig:111A10./
TBS r/..":1"147RN to before me
/ s18thday ofM x,2018
State of Washington
County of Spokane
1 certify that 1 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
instrum
Joie.z
Title: Not+ ublic
My appointment expires: 05-16-2019