03-077
Gi4y af Spokane Valley , 11701 Easi S rague~, ~ Suile 1~6
5pakat~e Val1ey, WA 9920G {5t~3j ~J21 10Qfl
NOTICE QF
ORDkNANCE 77 PASSED BY SPOKAI~E VALIEY
CITY CDUNCIL
74~e fakVowing ~s the title and summary vi drdinance 03•
077 passed by t~e City of Spokane Valley Ciry Coun• cil on the 26kh day pi
August, 20(13,
Ah C?RDINANCE OF 'fHE CITY ~F SPQKANE ~
VALLEY, SP4!(ANE ' C~UNTY, WASH1NG~ON, '
GRANi'1NG A NON• ~ EXCLUSIVE FRANCWISE '
TD EMAN NETI+YORK5 TO GONSTRUCT, MAlNi'AtN
ANp OPE~ATE CERTAIN FACII.111ES WIl"HEN THE RIGHT QF WAY AND
PUBLIC P~(?PER'T1~S OF THE GITY vF 5P0lfANE
VALLEY.
1'he introductary pera- g~a~~s ~B~ata to t~~ p~~~es$ '~~d~r~l 78.x ID Nt~. $1-042003D
of abating }unk vehl~Ves ~ from private pr4perty.
se~r~an ti p~~v~a~5 ~$f~~~- AFFIDAVIT OF PUBLICAT~ON
tions us~d in the ordtinance. Secl~~rn 2 pravid~ the grani oi non-exclusive fr~rn $T~11TE Q~ w~l$~H~NGT~N
Chose to Grantee. &eclian 3 provides that no Count of S akane, ss.
frr~nohise fee Co be ch~rged ~ p ior term af frar~c~ise.
5ection 4 relates to City ~s8 p~ r~~~~<<k~s, Name: City of Spokar~e Valley Acct: C042365
Section 5 rela¢es to Grant- ee r~s~aonsik~le f4r
c~stslexpenses af parmits, N0. Lines: 1$~ in~pectiens, ei ap, p.d•:
Section 6 refakes to non• exclusiviry oi franchise, Se~tion 7 fe~etes to ~on- 1'fl~~~ GOSt: $ 2~6.74 L0~ IVQ: SRfi2E$
inter(erence wi#h exisiing facilitisa,
Sectian 8 pravides that ri~h1 ko rosds nat waived by Jill l.eong
~'`y ~o salemn~y swear that ! am the Principal Gl~rk of the SPOKESMAN- 5ection 9 pravides fnr
dates (ar eommencementol REVIEW, a newspaper estabfished and regufarly publish~d, ance canstruction.
s~~~fl~ ~o P~~v{d~a ~an- ~ach day in the English language, in and of genera~ circulation in the struction stendards.
Sectionllprovidesfarspe- City af Spakane, Spokane County, Wash~ngtan; and in the City af c'sal constr~~ctron stendards. s~~,;4n ~z rel~tes Eo resko- Coeur d'Alene, Kaatenai County, Idaha; that said newspaper has
rax'°~ ~~'~r°°"~t~~°t'°~. been sa established a~d regularly published and has had said general 5ectinn 13 ~elates fo dis~ov-
~~~e f°r aameg~'a c~rculation continuous(y for more than six (6} mc~nths prior to the 23rd
s~~~ a"~iar~~o~~~es f~~ p~a day of July, 1941; that said newspaper is printed in an office tection oi monuments,
Sectian ~5 refates co maintained at its place ~f publicatian in the City of Spo'kane, d~~'~~~e. Washington; that said n~wspaper was approved and d~signat~d as a
5eckfon 16 releies to re- q~,o«m~n, of obstruation ~ {egal newspaper by order of the Superior Court af the State af ermils.
i~ect~on ~7 «~at~~ f~~~~~- Washington for Spokane County on the 23rd day o# July, 1941, and ties ~naintenance.
sQ~~~ofi 1eP~~a,~s ~n pro~,~d- ' that said arder has not been revoked and is in fuil farce and effect; kng and a~hering io Emer-
I 8~,~y Ma„a~~m~~i P~a~. that the notice attached hereto and which is a part of the proaf of ~ectian 19 reBstee to emer• U~IIC~~lal1 VII~S U~~VSh~d ICl S~Id I~LW5}~cl~?~I', Olle tIf11B~S~, ~h~
gency wark that may need p ~ p ~o ~e ~an~ a~ #a~~~~1~~s. publicatian having been made ance each time an the follcawing dates:
Seciion 20 relates ia need for a one-call system.
section 21 relates ta in$pec- AU(~IISt ~9, ~QQ~ t'ions and fees, Seatlon 22 requires adher-
ence ta sai~ty guidelines, ss~c~°^ ~~8'ai~e r° ~°t'Gg That sai~ notice was published in the regular and entire issue af every
ior moving buildings hy QU~~'~~. number of the paper during the period of time af publication, and that
Seelion 24relates ro acquis• ktrc~n o1 new fac~Iitl~s by the nQtice was published in the newspaper praper and not in a
~~ant~~. Section 25 reiat~as to fhe au• SUpp~@ffle9lt.
#h~rQty of the City 4a abate ~,[,~~'L`l1 danger4us conditions. ✓ ~
Ssctlon 2~6 requ~res adher- SU~?SCfl~~f~ ~fld SWCICII t4 ~~'~re me at the C' of Spokane, t~11S ence ta app6icable reguia- V~~! tion6 raleting to hazardous c~ay of August, `~Q~~ + a~''~~ ~
meterials. ~ ~~;t~~S~l~%~C"t' 5eciian 2T requires adher• ~ l~ ~t',a`'•;~
ence to environmerstal laws ~ , i~ j~~T,~~~ and ather re~ulations. ~ ^ ` ' ~ ~
Seclfon 28 r~lates to reloca• ~ ~ y~~ Qf ja~.~~~t.~~~. otary ~~blic in and far the State af Washington, ~
Sec►ion 29 relakes ta the ; residing in Spokane Caunty, Washingtan pUB~IC f abandonment of facilities by
Grantee, ~y,~'., Seciion 30 relatea tc~ r~ ~''~••.~',C„~,,,~„~ cords Gtdniee is ta provide ~F 4ti,A~1~y r
I the City, and the Puk~Gc i Recards Act. .
Section 31 relaies to limita- tion on ~uture work ~n cer-
t~in circvsn&tance~t I 8action 32 provides far
remedies to eniarce Campliance.
Sectlon 33 City's ability to enactordinancesto enfvrce franchtse na4 limited.
Sealion 34 relates to vace- tion nl Ci{y ~treeta.
Sectlon 35 re4ates to indem• nuiication by Grantee.
Sectinn ?~i re6ates ia provi- ~ sion af ir~surance agsinst
~ demage under franchise, Sectian 37 relates to provi-
sion of borsd. Section 38 relates to reser-
va;ion ai rhght to modify f ranc}il se. Sactian 39 relates to ri~ht
by City t~ modify franchbse to camply w~th new
regulations. Section 40 relatas to ri~ht
of lorfeiture and reuocation af iranc~ise by Ci1y.
Sacficn 41 relaies t~ condi- Sians for assignment or
tranei~r of frenchise, Section 42 relatea to costs
of publicativn. Seetion 43 reVates io date Qf acceptance of franchise
6y Grantee. Section 44 relaies to auro+v- I
al of cerlain Sections upon terminaitlon o# {ranchise,
Seci+on 45 paov~des for a severabi!"tty clause.
Section 46 pravides for r~ newal ai the franch~se.
Sec4ion 47 provides for no- iice under ihe franchiae, Seclion 49 provides far
! chaice af law. Sec#ivn 49 pr~vides far
non•waiver ot rights by ~ity, Sectlon 5D prvvides that
the franchise is ~he entire agreement vf the parlias.
Seatfan 51 states this C}rdi- nance shall he in fual force
and eifiack on publicatinn af the Ordinar~ce 5ummary.
7he full #e~ df ihe flrdi- ~ nance is available at the
f'~f,~ .,f Cnn4~.nn Vnllou (`.ihr
offices as ident~fied abnve.
A cnpy will be mailed out upon requesS.
/s! Christine Bainbridge City Clerk 5fifi268
Cit} of Spohanc Vallc\
11707 East Sprague, Suite i 00,
Spokane Valley, WA 99206
(509) 921-1000
NOTICE OF ORDINANCE 77 PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of Ordinance 03-077 passed by the City of Spokane Valley C~<<.
Council on the 26`h day of August, 2003.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO EMAN NETWORKS TO
CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE RIGHT-
OF-WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY.
The introductory paragraphs relate to the process of abating junk vehicles from private property.
Section 1 provides definitions used in the ordinance.
Section 2 provides the grant of non-exclusive franchise to Grantee.
Section 3 provides that no franchise fee to be charged for term of franchise.
Section 4 relates to City use of facilities.
Section 5 relates to Grantee responsible for costs/expenses of permits, inspections, et al.
Section 6 relates to non-exclusivity of franchise.
Section 7 relates to non-interference with existing facilities.
Section 8 provides that right to roads not waived by City.
Section 9 provides for dates for commencement of construction.
Section 10 provides construction standards.
Section 11 provides for special construction standards.
Section 12 relates to restoration after construction.
Section 13 relates to discovery and cure for damage to City property.
Section 14 provides for protection of monuments.
Section 15 relates to drainage.
Section 16 relates to requirement of obstruction permits.
Section 17 relates to facilities maintenance.
Sectioa 18 relates to providing and adhering to Emergency Management Plan.
Section 19 relates to emergency work that may need to be done on facilities.
Section 20 relates to need for a one-call system.
Section 21 relates to inspections and fees.
Section 22 requires adherence to safety guidelines.
Section 23 relates to notice for moving buildings by public.
Section 24 relates to acquisition of new facilities by Grantee.
Section 25 relates to the authority of the City to abate dangerous conditions.
Section 26 requires adherence to applicable regulations relating to hazardous materials.
Section 27 requires adherence to environmental laws aod other regulations.
Section 28 relates to relocation of facilities.
Section 29 relates to the abandonment of facilities by Grantee.
Section 30 relates to records Grantee is to provide the City, and the Public Records Act.
Section 31 relates to limitation on future work in certain circumstances.
Section 32 provides for remedies to enforce compliance.
Section 33 City's ability to enact ordinances to enforce franchise not limited.
Section 34 relates to vacation of City streets.
Section 35 relates to indemnification by Grantee.
Section 36 relates to provision of insurance against daillage under ti'aiichise.
Section 37 relates to provision of bond.
Section 38 relates to reservation of right to modify franchise.
Section 39 relates to right by City to modify franchise to comply with nev, re.gulations.
Secdon 40 relates to right of forfeiture and revocation of franchise by C i t\.
Section 41 relates to conditions for assi~Tm-',!,± ~-r
Section 42 relates to costs of publicatioi-i .
Section 43 relates to date of acceptance ol' lr,~~~~l~i~::
Section 44 relates to survival of certain Sections upon termination of franchise.
Section 45 provides for a severability clause.
Section 46 provides for renewal of the franchise.
Section 47 provides for notice under the franchise.
Section 48 provides for choice of law.
Section 49 provides for non-waiver of rights by City.
Section 50 provides that the franchise is the entire agreement of the parties.
Section 51 states this Ordinance shall be in full force and effect on publication of the Ordinance
Summary.
The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above.
A copy will be mailed out upon request.
Christine Bainbridge, Citv Cler►.,
Published: August 29. 200_}
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 03-
077, that the summary provides adequate notice to the public of t e contents of this ordinance, and that
the original ordinance is on file with the City Clerk.
. ~
;,-If i ~ - -
ristine ainbridge, City Clerk
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