Loading...
06-016 City of Spokane Valley 11707 E. Sprague Spokane Valley, WA 99206 (509)921-1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No. 06-016 passed by the City of Spokane Valley City Council on the 13th day of June,2006: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON LLC,TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. Section 1: defines terms used throughout the ordinance Section 2: grants a ten-year franchise to Time Warner for equipment and facilities on public rights-of- way and public places as approved under City permits Section 3: states that no right-of-way fee is imposed for the term of this Franchise. Section 4: specifies the provisions regarding City use/access of fiber strands Section 5: describes recovery of costs concerning review or inspection of activities Section 6: states that there is non-exclusivity Section 7: explains the non-interference with existing facilities Section 8: states that the City does not waive any rights to roads Section 9: explains the commencement of construction process Section 10: explains that construction standards shall be adhered to Section 11: sets out special construction standards Section 12: discusses restoration after construction Section 13: addresses damage and non-compliance Section 14: provides for protection of monuments Section 15: states that drainage interference will be remedied by Grantee Section 16: explains that obstruction permits are required Section 17: states that Grantee will provide controls necessary so as to prevent injury to property or persons Section 18: states that the Grantee shall file an Emergency Management Plan with the City within six months of execution of this franchise. Section 19: describes the process for performing emergency work Section 20: explains that Grantee is responsible for understanding and adhering to the"One-Call System" Section 21: states that all works shall be subject to inspection and approval by the City Section 22: states that safety rules and regulations shall be followed Section 23: discusses the process for building moving Section 24: discusses acquiring new facilities Section 25: explains that the City has authority to abate any dangerous conditions Section 26: states that the Grantee shall comply with all laws concerning hazardous substances Section 27: states that Grantee shall comply with all environmental protection laws Section 28: discusses relocation of facilities Section 29: provides against abandonment of Grantee's facilities Section 30: states that Grantee shall provide City with available as-built plans and other records upon request Section 31: sets out limitation on future work Section 32: states that the City reserves the right to refuse any request for a permit to extend franchise facilities Section 33: states that the City reserves the right to pursue remedies to enforce compliance Section 34: explains that the City shall have the ability to adopt and enforce ordinances regulating the performance of the conditions of this Franchise Section 35: explains the vacation process if such becomes necessary Section 36: states that Grantee indemnifies the City and its agents from all claims Section 37: stipulates that insurance will be procured and maintained Section 38: explains the process for the Grantee furnishing a bond Section 39: reserves the right of the City and Grantee to modify the terms and conditions of this Franchise Section 40: states that Grantee shall comply with all City orders,resolutions and ordinances Section 41: explains the forfeiture and revocation process Section 42: states that this franchise may not be assigned or transferred without approval of City Section 43: stipulates that Grantee must accept the Franchise not later than thirty days after passage and publication of this ordinance Section 44: states that all provisions shall survive termination of this Franchise Section 45: provides for a severability clause. Section 46: explains the renewal process Section 47: sets out notice requirements Section 48: provides for choice of law Section 49: states that the City does not waive or limit any rights by treason of any failure or neglect by the City to enforce compliance Section 50: states that this Franchise constitutes the entire agreement between the parties Section 51: states that this Ordinance shall be in full force and effect five(5)days after publication of the Ordinance Summary. The full text of Ordinance 06-016 is available at the City of Spokane Valley City offices as identified above. A copy will be mailed upon request. Christine Bainbridge, City Clerk Published:June 23,2006 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 06- 016, that the summary provides adequate notice to the public of t contents of this ordinance, and that the original ordinance is on file with the City Clerk. -)i -- ristine Bainbridge,City Clerk SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: NOTICE OF ORDINANCE PASSED ) No. Spokane Valley City Council ) Ordinance No. 06-016 ) AFFIDAVIT OF PUBLISHING NOTICE ) STATE OF WASHINGTON ) )ss. County of Spokane ) CRAIG HOWARD,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 the 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 public notice as it was published in regular issues commencing on the 23rd day of June. 2006,, and ending the 23rd day of June, 2006 all dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period: City of Spokane Valley 11707 E.Sprague - Spokane Valley,WA 99206 (509)921-1000 - NOTICE OF ORDINANCE PASSED SUBSCRIBED and SWORN to before me SY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of this 23rd day of June 2406. Ordinance No.06-016 passed by the City of r Spokane Valley City Council on the 13th day of June,2006: State of Washington AN ORDINANCE-OF THE CITY OF County of Spokane SPOKANE VALLEY,SPOKANE COUNTY, y p WASHINGTON,GRANTING A NON-EXCLU- SIVE CON- M OF WASHINGTON LLC,TO ON- FRANCHISE TO TIME WARNER I certify I know or have satisfactory evidence that TELE- COM maintain and operate certain facie- Craig Howard is the person who appeared before ties within the public nghtS-of.way and public properties of the City OF SPOKANE VALLEY. me, and said person acknowledged th at he signed Section 1:defines terms used throughout this instrument and acknowledged it to be his free the ordinance Section 2: grants a ten-year franchise to twjllt II Zijoe, and voluntary act for the uses and purposes men- Time warner for equipment and facilities on ,�� E R � boned in the [rumen[.public rights-of•way and public places as • approved under City permits . .r"‘ssION *ee ` Section 3: states that no right-of-way tee is 7 4 imposeo for the term of this Franchise. ;c0i NOTARY rn• Section 4: specifies the provisions regard- _ Z ing City use/access of fiber strands ; PUBLIC rn. - Jolene Rae We tz et 466 Section 5: describes recovery of costs :Vie _4 concerning review or inspection of activities � �((e%aS,8.0.1,,•'�r'`9 1 Title: Notary ublic Section 8: states that there is non-exclu- Ti O'• �a? �� " siv Section 7: explains the non-interference fie-WAS±` 0' My appointor t expires: 5-16-07 ab 1 51. with existing facilities Section 8; states that the City does not waive any rights to roads Section 9: explains the commencemtint of construction process Section 10:explains that construction stan- dards shall be adhered to Section 11: sets out special construction standards Section 12:discusses restoration atter con- struction Section 13: addresses damage and non- compliance Section 14: provides for protection of mon- uments Section 15: states that drainage interior- , once will be remedied by Grantee Section 16: explains that obstruction per- mits are required Section 17:states that Grantee will provide controls necessary so as to prevent Injury to property or parsons Section 18: states that the Grantee shall file an Emergency Management Plan with the City within six months of execution of this franchise. Section 19: descrbes the process for per- forming emergency work Section 201 explains that Grantee is responsible for understanding and adhering to the"One-Call System" Section 21:states that all works shall be subject to inspection and approval by the City Section 22: states that safety rules and regulations shall be followed Section 23:discusses the process for building moving 1 Section 24:discusses acquiring new facili- ties Section 25: explains that the City has authority to abate any dangerous conditions Section 26:slates that the Grantee shall comply with all laws concerning hazardous substances Section 27:states that Grantee shall com- ply with all environmental protection laws Section 28:discusses relocation of facill- tuts Section 29:provides against abandonment of Grantee's facilities Section 30:states that Grantee shall pro- vide City with available as-built plans and other records upon request Section 31:sets out limitation on suture work Section 32:states that the City reserves the right to refuse any request for a permit to extend franchise facilities Section 33:states that the City reserves the right to pursue remedies to enforce com- pliance Section 34:explains that the City shall have the ability to adopt and enforce ordi- nances regulating the performance of the con- ditions of this Franchise Section 35:explains the vacation process d. such becomes necessary Section 38:states that Grantee indemnifies the City and its agents from all claims Section 37:stipulates that insurance will be procured and maintained Section 38:explains the process for the Grantee furnishing a bond Section 39:reserves the right of the City and Grantee to modify the terms and condi- tions of this Franchise Section 40:states that Grantee shall com- ply with all City orders,resolutions and ordi- nances Section 41:explains the forfeiture and revocation process Section 42:stales that this franchise may not be assigned or transferred without approval of City Section 43:stipulates that Grantee must accept the Franchise not later than thirty days after passage and publication of this ordi- nance Section 44:states that all provisions shall Survive termination of this Franchise Section 45:provides for a severability clause. Section 46:explains the renewal process Section 47:sets out notice requirements Section 48:provides for choice of law Section 49:states that the City does not waive or limit any rights by treason of any fail- ure or neglect by the City to enforce compli- ance Section 50:states that this Franchise con- stitutes the entire agreement between the par- ties Section 51:states that this Ordinance shall be in full torte and effect five(5)days atter publication of the Ordinance Summary. The full text of Ordinance 06-016 Is avail- able at the City of Spokane Valley City offices as identified above. A copy will be mailed upon request. Christine Bainbridge.City Clerk 6/23