2018, 12-18 Summary Ordinance 18-027 Level 3 Telecom FranchiseSUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
In the Matter of
NOTICE OF ORDINANCE PASSED
By Spokane Valley City Council
Ordinance No. 18-027
STATE of WASHINGTON
County of Spokane
AFFIDAVIT of PUBLICATION
NO.
LEGAL NOTICE
MICA .L :L HUFFMAN being first duly sworn on oath deposes and says that he is the EDI1 OR of the Spokane Valley News
I Jerald- .I ,rr hV ccsrspnper_ That said newspaper is a Icaal newspaper and It is noss and has b, cn for more than ssix months prior
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l n ,l.r,iadl .,lid i awiliap.d. a h said nc,yrap2r sari been approved as t 'r cul :law:Tape' bs order of the Superior Court of
;h. St:.tc t\ a<hinglt olid _dr ':,pokanc t nook. TLai the Iol4.c ilr.,a is ; true cop, „( a Legal Notice as it was published in
a issue, ca 13ii [ha . _tth day of January ; €'�flh t1;i of January, 2019, all dates inclusive,
and that such wa, reeu1arls distributed to its subs,' ibcrs during all al sit 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. 18-027 passed by the Spo-
kane Valley City Council on the 18th day o1
December, 2018:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON- `1%I III1gI/�
EXCLUSIVE FRANCHISE TO LEVEL 3 . RA E �F�
TELECOM ONSTRU T WASHINGTON, LLC. TO `\�
CONSTRUCT, maintain and operate tele- e\
communications facilities within the public , /jam
of -way of the City OF SPOKANE V `SSIDN A, +'�
VALLEY, AND OTHER MATTERS RELAT- tS• /
INC THERETO. `- e'� ��. ` r
Section 1 defines certain words and terms •
is imposed for the term of this franchise; pNOTARY
within the ordinance; Section 2 grants ; U
Level 3 a franchise br a period of ten years; ;
Section 3 explains that no right-of-way fee PUBLIC! -•
O
Section 4 sets out specific addrelens ), :• s
regarding City use; Section 5 addresses .yy • 0• \
recovery s costs; clause;
6 contains the ..O• .O 6 �•,
non -exclusivity clause; Section 7 deals '• •.• • h
with non-interference with existing facilities; ° a„ O� 1^, �CN `t\tom
Section 8discussesconstruclion standards; r YV `O
Section 9 allows for the protection of mono- 1/111110‘‘‘
„' I `11�\�
menta; Section 10 grants authority for tree
trimming at grantee's expense; Section 11
includes an emergency response; Section
12 slates 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 leoilities
for ethers; 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-
cus 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 10 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; Sec-
tion
eo-lion 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 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
of this ordinance from Grantee must be no
later than 60 days atter 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-walverprovision; Section
40 states that this franchise constitutes the
entire agreement; and Section 41 provides
for an effective date.
The full text of O dinance 18-027 is available
at the City of Spokane Valley City offices as
identified above. Atopy will be mailed upon
request to the City Clerk.
Christine Bainbridge, City Clerk
Published: January 25, 2019
SUBSCRIBED an. SWORN to before me
This 25th day of January, 2019
State of Washington
County of Spokane
I certify that I 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 7 to be his free and
voluntary act for the uses and purposes mentioned in the
instrument.
Jolene Ra6Vcn@z
Title: Notary Public
My appointment expires: 05-16-2019
99 Lis