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Ordinance Summary 22-025 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.22-025 passed by the Spokane Valley City Council on the 13th day of December,2022: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXLUSIVE FRANCHISE TO THE COEUR D'ALENE TRIBE OF INDIANS 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 the Coeur d'Alene Tribe of Indians (Grantee) a ten-year franchise to install, construct, operate, maintain and replace and use all necessary equipment and facilities to place telecommunications facilities in the public rights-of-way, Section 3 states that no right-of-way fee is imposed for the term of this franchise. Section 4 describes the provisions regarding City use.Section 5 sets out the recovery of costs and states that Grantee shall reimburse the City for all costs of one publication of this franchise; and be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise. Section 6 addresses that this franchise is non-exclusive. Section 7 explains non-interference with existing facilities. Section 8 addresses construction standards. Section 9 states that Grantee shall comply with applicable state laws relating to protection of monuments. Section 10 grants Grantee authority to conduct tree trimming for access to Grantee's facilities. Section 11 states that the Grantee shall designate 24-hour on-call personnel in the case of emergency. Section 12 states that the Grantee is responsible for understanding and complying with the one-call system. Section 13 addresses safety. Section 14 discusses movement of Grantee's telecommunications facilities for others. Section 15 concerns acquiring new telecommunications facilities. Section 16 addresses dangerous conditions and authority of City to abate. Section 17 discusses hazardous substances. Section 18 deals with environmental protection laws. Section 19 discusses process for relocation of telecommunications facilities. Section 20 speaks to abandonment of grantee's telecommunications facilities. Section 21 discusses required maps and records. Section 22 speaks to limitation on future work. Section 23 addresses reservation of rights by City. Section 24 explains remedies to enforce compliance. Section 25 addresses City ordinances and regulations. Section 26 speaks to vacation. Section 27 speaks of indemnification. Section 28 speaks to insurance requirements. Section 29 addresses performance bond relating to construction activity. Section 30 states that the City and Grantee reserve the right to modify terms upon written agreement of both parties. Section 31 addresses forfeiture and revocation. Section 32 states this franchise may not be assigned or transferred without written approval of City and other provisions. Section 33 addresses acceptance of franchise. Section 34 discusses survival. Section 35 speaks to severability. Section 36 discusses renewal process. Section 37 discusses notice requirements. Section 38 states where any litigation between the parties shall occur. Section 39 addresses non-waiver. Section 40 states that this franchise constitutes the entire understanding between the parties, and Section 41 provides an effective date. The full text of Ordinance 22-025 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: February 10, 2023 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 22-025, that the summary provides adequate notice to the public of th ontents of this ordinance, and that the original ordinance is on file with the City Clerk. Christine Bainbridge, City Cl k SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY AFFIDAVIT of PUBLICATION CITY OF } SPOKANE VALLEY ) ORDINANCE PASSED NO. 22-025 PUBLIC NOTICE STATE of WASH1N GTON County of Spokane JENNETT MEYER being first duly sworn on oath deposes and says that she is the BOOKKEEPER 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 commenc- ing on the 10th day of February,2023,and ending on the 10th day of February, 2023, all dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: SUBSC BED and SWORN to befor me this 10 da of Februar 2023. State a VENUS M BRATSVEEN Caul of Spokane Notary Public State of Washington License Number 168984 My Commission Expires Title:Notary Public December 22, 2025 My appointment expires 12122/2025 NOTICE OF ORDINANCE PASSED City of Spokane Valley 10210 E.Sprague Spokane Valley,WA 99206 (509)720-5000 BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No.22-025 passed by the Spokane Valley City Council on the 13th day of December.2022: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON, GRANTING A NON- EXLUSIVE FRANCHISE TO THE COEUR D'ALENE TRiBE OF INDIANS TO CON- STRUCT,maintain and operate telecom- munications facilities within the public rlghtS-of-way of the City OF SPOKANE VALLEY,AND OTHER MATTERS RELAT- ING THERETO. Section 1 defines certain words and terms within the ordinance.Section 2 grants the Coeur d'Alene Tribe of Indians(Grantee) a ten-year franchise to Install,construct, operate,maintain and replace and use ail necessary equipment and facilities to place telecommunications facilities In the public,rights-of-way.Section 3 states that no right-of-way fee is Imposed for the term of this franchise.Section 4 describes the provisions regarding City use.Sec- tion 5 sets out the recovery of costs and states that Grantee shall reimburse the City for all costs of one publication of this franchise;and be subject to all permit and Inspection fees associated with activities undertaken through the authority granted in this franchise.Section 6 addresses that this franchise Is non-exclusive. Section 7 explains non-Interference with existing facilities.Section 8 addresses construction standards,Section 9 states that Grantee shall comply with applicable state laws relating to protection of monuments.Sec- tion 10 grants Grantee authority to conduct • tree trimming for access to Grantee's facillties.Section 11 states that the Grantee shall designate 24-hour on-call personnel In the case of emergency. Section 12 ' states that the Grantee is responsible for understanding and complying with the one-call system. Section 13 addresses safety.Section 14 discusses movement of Grantee's telecommunications facilities for others.Section 15 concerns acquiring new telecommunlcatlons facilities.Section 16 addresses dangerous conditions and authority of City to abate.Section 17 dis- cusses hazardous substances.Section 18 deals with environmental protection laws. Section 19 discusses process for relocation of telecommunications facilities.Section 20 speaks to abandonment of grantee's telecommunications facilities.Section 21 discusses required maps and records.Sac- lion 22 speaks to limitation on future work, Section 23 addresses reservation of rights by City.Section 24 explains remedies to enforce compliance.Section 25 addresses City ordinances and regulations.Section 26 speaks to vacation.Section 27 speaks of indemnification.Section 28 speaks to insur- ance requirements.Section 29 addresses performance bond relating to construction activity.Section 30 states that the City and Grantee reserve the right to modify terms upon written agreement of both parties. Section 31 addresses forfeiture and re- vocation.Section 32 steles this franchise may not be assigned or transferred without written approval of City and other provi- sions.Section 33 addresses acceptance of franchise.Section 34 discusses survival. Section 35 speaks to severability.Section • 36 discusses renewal process.Section 37 discusses notice requirements.Section 38 states where any litigation between the parties shell occur.Section 39 addresses non-waiver, Section 40 states that this 3 franchise constitutes the entire understand- ing between the parties,and Section 41 provides an eNective date.The full text of • Ordinance 22-025 is available at the City of Spokane Valley City offices as Identified above,A copy will be malted upon request to the City Clerk. Christine Bainbridge,City Clerk Published:February 10,2023