2018, 07-31 Summary Ordinance 18-016SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council
Ordinance No. 18-016
STATE of WASHINGTON
County of Spokane
AFFIDAVIT of PUBLICATION
NO.
LEGAL NOTICE
MICHAEL HUFFMAN being first duly swom 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 31st day of August, 2018, and ending on the 31st day of August, 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, WA 99206
(509) 720-5000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary
of Ordinance No. 18-016 passed by the
Spokane Valley City Council on the 31st
day of July 2018:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON. GRANTING A NON-
EXCLUSIVE FRANCHISE TO EXTENET
SYSTEMS, INC. TO CONSTRUCT, main-
tain and operate WIRELESS telecom-
munications facillties within the public
rightS-of-way of the City OF SPOKANE
VALLEY, AND OTHER MATTERS RELAT-
ING THERETO.
Section 1 sets out certain definitions as to
the purpose of this Ordinance; Section 2
grants ExteNet Systems, Inc. a franchise
for a period of 10 years; Section 3 states )
that no right-of-way fee is imposed for the -1
term of this franchise; Section 4 sets out
provisions regarding City use; Section 5
speaks of recovery costs; Section 6 covers
non -exclusivity; Section 7 concems non- r
interference with existing facilities; Section 8
addresses construction standards; Section
9 concerns protection of monuments; Sec-
tion 10 grants Grantee authority to conduct
tree trimming under certain situations;
Section 11 addresses emergency response;
Section 12 slates Grantee is responsible for
being familiar with the "on-call" system;
Section 13 addresses -safety; Section 14
deals with movement of Grantee's telecom-
munications facilities; Section 15 speaks to
acquiring new telecommunications facilities;
Section 16 addresses dangerous conditions
and authority of City to abate; Section 17
concerns hazardous substances; Section
18 states that Grantee shall comply with all
environmental protections laws; Section 19
addresses relocation of telecommunication
facilities; Section 20 concerns abandonment
of Grantee's telecommunications facilities;
Section 21 states that certain maps and
records are required to be provided to City;
Section 22 concerns limitation on future
work; Section 23 speaks of reservation
of rights by City; Section 24 addresses
remedies to enforce compliance; Section 25
concerns city ordinances and regulations;
Section 26 stales that the City may vacate
any city road, right-ol-way or other City
property which is subject to rights granted
by this franchise; Section 27 concerns
indemnification; Section 28 speaks of insur-
ance requirements; Section 29 addresses
performance bond relating to construction
activity, Section 30 reserves the right by
the City and Grantee to modify the terms
and conditions of this franchise; Section
31 addresses forfeiture and revocation;
Section 32 slates this franchise may not be
assigned or transferred except under certain
conditions; Section 33 states the terms of
acceptance by the Grantee; Section 34
concems survival of certain provisions,
conditions and requirements; Section 35
addresses severability; Section 36 concems
the renewal process; Section 37 sets out
notice requirements; Section 38 states
where any litigation between the City and
Grantee relative to this franchise shall occur;
Section 39 includes a non -waiver; Section
40 states that this franchise constitutes
the entire understanding; and Section 41
provides for an effective date.
The full text of Ordinance 18-016 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: August 31, 2018
SUBSCRIBED and '1., 8 ' N to before me
This 31st day of August, 2018
State of Washington
County of Spokane
I certify that I know or have satisfactory evidence that
Michael Huffrnan 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 Ra We tz
Title: Notary ublic
My appointment expires: 05-16-2019