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