Ordinance Summary 18-027 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.18-027 passed by the Spokane Valley City Council
on the 186 day of December,2018:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO LEVEL 3 TELECOM OF WASHINGTON,LLC,
TO CONSTRUCT,MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN
THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY,AND OTHER MATTERS
RELATING THERETO.
Section 1 defines certain words and terms within the ordinance;Section 2 grants Level 3 a franchise for a
period of ten years;Section 3 explains that no right-of-way fee is imposed for the term of this franchise;
Section 4 sets out specific provisions regarding City use;Section 5 addresses recovery of costs;Section 6
contains the non-exclusivity clause;Section 7 deals with non-interference with existing facilities;Section
8 discusses construction standards;Section 9 allows for the protection of monuments;Section 10 grants
authority for tree trimming at 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 safe 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 hazardous 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
facilities;Section 20 speaks to abandonment of Grantee's telecommunications facilities;Section 21 states
Grantee shall provide maps and records at no cost to City;Section 22 concerns limitation on future work;
Section 23 addresses reservation of rights by City to refuse any request for a permit to extend facilities;
Section 24 concerns remedies to enforce compliance;Section 25 states that City ordinances and regulations
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 agreement 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 of 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 states where any litigation between City and Grantee must occur,whether
if filed in the state court or if in the federal court;Section 39 contains a non-waiver provision;Section 40
states that this franchise constitutes the entire agreement;and Section 41 provides for an effective date.
The full text of Ordinance 18-027 is available at the City of Spokane Valley City offices as identified above.
A copy will be mailed upon request to the City Clerk.
Christine Bainbridge,City Clerk
Published:January 25,2019
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No.18-027,
that the summary provides adequate notice to the public of their.tents of this ordinance,and that the
original ordinance is on file with the City Clerk.
Christine Bainbridge,City Clerk
•
SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
AFFIDAVIT of PUBLICATION
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council NO.
Ordinance No.18-027
LEGAL NOTICE
STATE of WASHINGTON
County of Spokane
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 m 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 es it was published in
regular issues commencing on the 25th day of January,2019,and ending on the 25th day of January,2019,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
1500)720-5000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL •
The following is the title and summary of ‘.4111Ordinance NO.1&027 passed by the Spo-
kane Valley City Council on the lath dayot
Decembers 2011: SUBSCRIBED ant WORN to before me
AN ORDINANCE OF THE CITY OF,
SPOKANE VALLEY,SPOKANE COUNTY,• This 25th day of January,2019
WASHINGTON.GRANTING A NON- 1
IQ§Q State Of Washington
EXCLUSIVE FRANCHISE TO LEVEL 3 ®®® A �B
TELECOM OF WASHINGTON,LLC,TO ® x� RA /4 'i, County of Spokane
CONSTRUCT maintain and operate tele- ik •a ,,
'caftans Tamales within Pe public!!. ®o
r'ght5-of-way of the City OF SPOKANE " °c�SION ei% -!�
VALLEY,AND OTHER MATTERS RELAT-�eP4'. Aj ® I certify that I know or have satisfactory evidence that
ING THERETO.
Section l defines certain words and teems)PO TA Michael Huffman is the person who appeared before me,
within the ordinance;Section 2 grants :0 NOTARY and saidperson acknowledged that he signed this
Level 3a franchise fora period often years; g gn
is impoedforthethat tennadthisfrrvaylee PUBLIC e�. instrument and acknowledged it to be his free and
ss imposed for a term specific this lovisions n oe o o
ermon 4 sets oat ctiaddress.,l. voluntary act for the uses and purposes mentioned in the
recovery co use;Section 5 addresses e•° it
recovery s casts;Section 6 contains Pe• /� <.,OS.t 6-1 �'` instrument.
non-exclusivity clause;Section]deals a`°.®� L_
Swith non-inlederence with existin facilities; p
ection8di ussesconsWctionstandards; ,BO®F vvkp 4�'a,
Section 9 allows forth°protection of menu- 27 9� D� •
mentis;Section 10 grants authority for bee QOI900b4b
trimming at grantee's expense;Section 11 Jolene Ra
includes an emergency response;Section
12 states Grantee is r.ponsmla becoming Title:Notary Public tt �y
familirwimand understanding the onecall Myappointment expires:05-16-2019 1�(_-1S
System;Section 13 states facilities snail pP P
be constructed In a sale and operational
Brion:Section 14 discusses movement'
or /( Q
of Grantees telecommunications%acilikes
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 hazaid-
ous Section stales that•
Grantee shall comply with alll envirtinmenfal
protemion laws and hold the City harmless
Creel
tarn any damages arising as a result of
Grantee's failure to comply with such laws;
Section 19 explains the process for any
setae..of telecommunications facilities
Section 20 speaks to abandonment of
Grantee's telecommunications facilities;
Sensor 21 slakes Grankae shall provide
maps and records at no cost to Cay;Seca
tion 22 earcems limitation ena s
Section 23 addresses reservationen of of rights
by City to imee any request fora permit
to extend facilities;Section 24 concerns
remedies to enforce we;Section
•'25 states that City ordnaeses anees and regula-
tions vnll be adhered to;Section 26 stet.
the City may vacate any property subject to to •
• rights granted by this franchise according
lcal slate and lolaw;Section 27 In •
indemnification
demnification language:Sectionet 20 29'
stales Grantee shall procure and maintain
insurance as noted;Sedan 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 Vn 31 agree-
ment of both parties;Section 31 speaks ,
of lodeilure and revocation;Section 32
states this franchise may not be assigned
or transferred without written approval of
the City;Section 33 stalesthat acceptance
of this ordinance from Grantee must be no
later than days atter passage;Section
34 addresses
survival;Section 35 speaks to
seveabili7;Section 36 addresses renewal;
Section 37 provide;for notice;Section 38
stateswhere any litigation between Cityend
Grantee must actor,whether if feed in the
state ceurtarif in the federal court Section
39 contains a non-waiver pro fisiom Section
entre eslnsttnis franchise consuutes the
entire agreement and Section 41 provides
for an effective date.
Tne lull lento!Ordinance 18-027 is avaeable
a theCty of Spokane valley city offices.
iesed above.A copy will.mailed upon
request tome City Clerk
Published:
Bainbridge.City Clerk
Published January 25,2019