2022, 12-13 Summary Ordinance 22-025, Coeur D'Alene Tribe of Indians Telecommunications FranchiseSUPERIOR COURT of WASHINGTON for SPOKANE COUNTY
AFFIDAVIT of PUBLICATION
CITY OF
SPOKANE VALLEY
ORDINANCE PASSED
NO. 22-025
PUBLIC NOTICE
STATE of WASHINGTON
County of Spokane
JENNETT MEYER being first duly swom 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 loth 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:
ED and SWORN to befor me
of Februat 2023.
Title: Notary Public
My appointment expires 12/22/2025
VENUS M BRATSVEEN
Notary Public
State of Washington
License Number 168984
My Commission Expires
December 22, 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
the
Spokane Valley City Co ncil on heyl3th
day of December, 2022:
AN ORDINANCE OF THE CITY OF
SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-
EXLUSIV FRANCH ISE TO THCOEUR
D'ALENE TRIBE OF INDIANS TO CON-
STRUCT, maintain and operate telecom-
munications facilities within the public
rghtS-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
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. 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
facilities. Section 11 statesthat 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 concems acquiring
new telecommunications 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. Sec-
tion 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 states 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 sha I occur. Section 39 addresses
J non -waiver. Section 40 states that this
franchise constitutes the entire understand-
ing 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. Acopy will be mailed upon request
to the City Clerk.
Christine Bainbridge, City Clerk
Published: February 10, 2023