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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