2018, 07-31 Summary Ordinance 18-017SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council
Ordinance No. 18-017
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 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. 18-017 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 FIBEROPTIC telecom-
munications facilities 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 10
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 term of
this franchise; Section 4 sets out provisions
regarding City use; Section 5 speaks of
recovery costs; Section 6 covers non -exclu-
sivity; Section 7 concerns non-interference
with existing facilities; Section 8 addresses
construction standards; Section 9 concerns
protection of monuments; Section 10 grants
Grantee authority to conduct tree trim-
ming under certain situations; Section 11
addresses emergency response; Section
12 states Grantee is responsible for being
familiar with the "one -call" system; Section
13 addresses safety; Section 14 deals with
movement of Grantees telecommunications
facilities for others; Section 15 speaks to
acquiring new telecommunications facilities;
Section 16 addresses dangerous conditions
and authority of City 10 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 concems 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 states that the City may vacate
any city road, right-ot-way or other City
property which is subject torights 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 states this franchise may not be
assigned or transferred except under certain
conditions; Section 33 states the terms of
acceptance by the Grantee; Section 34
concerns 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 jelallyetothis franchise shall occur,
Section 30 includes a non -waiver; Sentidn
40 states that this franchise constitutes
the entire understanding; and Section 41
provides for an effective date.
The full text of Ordinance 18-017 is available
at the City of Spokane Valley City offices as
identified above. Acopywill be mailed upon
request to the City Clerk.
Chnstine Bainbridge, City Clerk
Published: August 31, 2018
iCY
NOTTRy -53'.
PUBLIC
�•. �S 6 0
'`/l tI11I9o3\\
S jam''(DandS S• to before me
is 31st day of August, 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
instru ent.
Jolene ae entz
Title: Notary Public
My appointment expires: 05-16-2019