2024, 01-09 Formal Meeting
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL FORMAT
Tuesday, January 09, 2024 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at CenterPlace Regional Event Center
2426 N Discovery Place
Spokane Valley, WA 99216
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in-person at the address provided
above, or via Zoom at the link below. Members of the public will be allowed to comment in-person or via
Zoom as described below. Public comments will only be accepted for those items noted on the agenda as
“public comment opportunity.” If making a comment via Zoom, comments must be received by 4:00 pm the
day of the meeting.
Sign up to Provide Oral Public Comment at the Meeting via Calling-In
Submit Written Public Comment Prior to the Meeting
Join the Zoom WEB Meeting
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CALL TO ORDER
INVOCATION: Pastor Brad Bruszer, Genesis Church
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
COUNCILMEMBER REPORTS
MAYOR’S REPORT
PROCLAMATIONS:
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any
subject except agenda action items, as public comments will be taken on those items where indicated. Please
keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for
questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be
limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal
attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person’s
public comment time before the three-minute mark. To comment via zoom: use the link above for oral or
written comments as per those directions. To comment at the meeting in person: speakers may sign in to
speak but it is not required. A sign-in sheet will be provided at the meeting.
NEW BUSINESS:
1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of
Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion: I move to approve the Consent Agenda.
Council Agenda January 09, 2024 Page 1 of 2
a. Approval of Claim Vouchers, January 9, 2024, Request for Council Action Form: $3,401,331.62.
b. Approval of Payroll for Pay Period ending December 15, 2023: $549,200.51.
c. Approval of Payroll for Pay Period ending December 30, 2023: $739,054.06.
2. Mayoral Appointments: Planning Commissioners– Mayor Haley
\[public comment opportunity\]
3. Mayoral Appointments:
Tourism Promotion Area (TPA) Commission - Mayor Haley
\[public comment opportunity\]
4. Mayoral Appointments: Councilmembers to Committees – Mayor Haley
\[public comment opportunity\]
ADMINISTRATIVE REPORT:
5. Admin Report: Governance Manual Social Media Review - Kelly Konkright
6. Admin Report: Planning Commission Meeting Ordinance 24-001 Update – Tony Beattie
7. Admin Report: Zayo Franchise – Tony Beattie
8. Open Public Meetings Act & Public Records Request Training – Kelly Konkright
9. Advance Agenda – Mayor Haley
INFORMATION ONLY (will not be reported or discussed):
10. Hearing Examiner 2023 Annual Report
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURNMENT
Council Agenda January 09, 2024 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
AGENDA ITEM TITLE: Approval of the Following Vouchers:
VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT
12/12/2023 10470-10490 (Park refunds) 2,950.00
12/12/202362131-62175286,228.67
12/13/2023 62176-62183 76,662.39
12/13/2023 62184-62233, wire 22751981 1,034,993.20
12/18/2023 62234-62252 99,737.82
12/18/2023 62253-62274 159,528.02
12/20/2023 10491-10497 (Park refunds) 703.00
12/22/2023 62275-62323 325,652.31
12/22/202362324-62343392,074.89
12/27/2023 62344-62379 (less 62377) 674,635.19
1/2/2024 62380-62416 348,166.13
GRAND TOTAL: $ 3,401,331.62
Explanation of Fund and Project Numbers found on Voucher Lists
#001 - General Fund
001.090.000.560. General Gov’t-Social Services
001.011.000. City Council 001.090.000.594. General Gov’t-Capital Outlay
001.013.000. City Manager 001.090.000.595. General Gov’t-Roads/Streets Capital
001.013.015. Legal
001.016.000. Public Safety Other Funds:
001.016.016. Precinct Shared Expenses
101 – Street Fund
001.018.013. Deputy City Manager
103 – Paths & Trails
001.018.014. Finance
104 – Tourism Facilities
001.018.016 Human Resources
105 – Hotel/Motel Tax
001.018.017. Information Technology
106 – Solid Waste
001.033.000. Facilities Administration
107 – PEG Fund
001.033.033. Facilities – City Hall 108 – Affordable & Supplemental Housing Sales Tax
001.033.034. Facilities – Other 120 – CenterPlace Operating Reserve
001.040.000. Community/Public Works-Administration 121 – Service Level Stabilization Reserve
001.040.041. Engineering 122 – Winter Weather Reserve
001.040.042.558. Economic Development 204 – Debt Service
001.040.042.565. Housing/Homeless Services 301 – REET 1 Capital Projects
001.040.043. Building
302 – REET 2 Capital Projects
001.040.044. Planning
303 – Street Capital Projects
001.076.000. Parks & Rec–Administration
309 – Parks Capital Grants
001.076.300. Parks & Rec-Maintenance
310 – Civic Bldg. Capital Projects
001.076.301. Parks & Rec-Recreation 311 – Pavement Preservation
001.076.302. Parks & Rec- Aquatics 312 – Capital Reserve
001.076.304. Parks & Rec- Senior Center 314 – Railroad Grade Separation Projects
001.076.305. Parks & Rec-CenterPlace 315 – Transportation Impact Fees
001.090.000.511. General Gov’t- Council related 316 – Economic Development Capital Projects
001.090.000.514. General Gov’t-Finance related 402 – Stormwater Management
001.090.000.517. General Gov’t-Employee supply 403 – Aquifer Protection Area
001.090.000.518. General Gov’t- Centralized Serv. 501 – Equipment Rental & Replacement
001.090.000.519. General Gov’t-Other Services 502 – Risk Management
001.090.000.550. General Gov’t-Natural & Eco. 632 – Passthrough Fees & Taxes
Project Numbers: 322 - City Hall Repairs
143 - Barker Rd/BNSF Grade Separation 323 - Evergreen Road Preservation Project
205 - Sprague/Barker Intersection Improvement 326 - 2020 Citywide Reflective Post Panels
223 - Pines Rd Underpass @ BNSF & Trent 327 - Sprague Avenue Stormwater
249 - Sullivan & Wellesley Intersection Improv 328 - Sullivan Park Waterline
273 - Barker/I-90 Interchange 329 - Barker Road Imp- City Limits to Appleway
275 - Barker Rd Widening - River to Euclid 330 - WTSC 2021 School Zone Beacons
285 - Indiana Ave Pres - Evergreen to Sullivan 331 - COVID-19 Relief Funds
286 - Broadway Preservation: Havana to Fancher 332 - NE Industrial Area - Sewer Extension
293 - 2018 CSS Citywide Reflective Signal BP 333 - Evergreen Rd Pres Broadway to Mission
294 - Citywide Reflective Post Panels 334 - Sprague Ave Preservation
299 - Argonne Rd Concrete Pavement Indiana to Mont. 335 - Mission Ave over Evergreen Rd Deck Repair
300 - Pines & Mission Intersection Improvement 338 - Loop Trail Project
308 - Regional Decant Facility Canopy 339 - 2022 Local Access Streets: Summerfield E
309 - Local Access Streets: Barker Homes 340 - 8th Ave Sidewalk (Coleman to Park)
311 - Sullivan Rd./SR 290 Interchange Project 341 - Broadway Preservation- Fancher to Park
313 - Barker Road/Union Pacific Crossing 342 - 2022 School Zone Flashing Beacons
314 - Balfour Park Frontage Improvements 343 - Buckeye Avenue Sewer Extension
315 - Brown's Park 2020 Improvements 344 - Park Rd Sidewalk- Broadway to Cataldo
316 - Balfour Park Improvements - Phase 1 345 - Park Rd Sidewalk- Nora to Baldwin
317 - Appleway Stormwater Improvements 346 - Bowdish Sidewalk 12th to 22nd
318 - Wilbur Sidewalk: Boone to Mission 347 - Broadway and Park Intersection
th
320 - Sullivan Preservation: Sprague-8 350 – Balfour Facility
321 - Argonne Corridor Improvements- North of Knox
RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers.
\[Approved as part of the Consent Agenda, or may be removed and discussed separately.\]
STAFF CONTACT: Chelsie Taylor, Finance Director
ATTACHMENTS: Voucher Lists
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Item: Check all that apply: consent old business new business public hearing
information admin. report pending legislation
AGENDA ITEM TITLE: Payroll for Pay Period Ending December 15, 2023
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. \[Approved as part of
the Consent Agenda, or may be removed and discussed separately.\]
STAFF CONTACT: Raba Nimri
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 16, 2024 Department Director Approval:
Item: Check all that apply: consent old business new business public hearing
information admin. report pending legislation
AGENDA ITEM TITLE: Payroll for Pay Period Ending December 31, 2023
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. \[Approved as part of
the Consent Agenda, or may be removed and discussed separately.\]
STAFF CONTACT: Raba Nimri
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation
AGENDA ITEM TITLE:Motion Consideration: Planning Commission Mayoral Appointments
GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10.
PREVIOUS COUNCIL ACTION TAKEN: Planning Commissioners are routinely appointed to a three-
year term.
BACKGROUND: According to SVMC 18.10, members of the Planning Commission shall be nominated
by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning
Commissioners shall be selected without respect to political affiliations and shall serve without
compensation. Terms shall be for a three-year period and shall expire on the thirty-first day of December.
Mr. Walt Haneke’s and Ms. Nancy “Pete” Miller’s terms each expired December 31, 2023. There was also
a resignation submitted by Mr. Karl Granrath in December 2023. The applications received will also be
considered for the vacancy in Mr. Granrath’s position. That position will be for a term of one year from
January 1, 2024, through December 31, 2024. Announcements of the vacancies were posted on the City’s
webpage, the City issued press releases, and the notice was published in the Valley News Herald and The
Exchange. The deadline to submit an application was 4:00 p.m. December 22, 2023. There was also a
resignation submitted by Mr. Karl Granrath in December 2023. The applications received will also be
considered for the vacancy in Mr. Granrath’s position. That position will be for a term of one year from
January 1, 2024, through December 31, 2024. Eight applications were submitted. Copies of all applications
were distributed to the mayor.
OPTIONS: Confirm or not confirm, the Mayor’s nominations. If the Mayor’s nominations are not
confirmed by Council, the Mayor may either make another nomination or the matter can be postponed.
RECOMMENDED ACTION OR MOTION: “I move to confirm the Mayor’s nomination of Vadim
Smelik and Matthew Hurd to the Planning Commission for terms beginning January 1, 2024 and ending
December 31, 2026 and Justin Weathermon to the Planning Commission for a term beginning January 1,
2024and ending December 31, 2024.
BUDGET/FINANCIAL IMPACTS: n/a
STAFF CONTACT: Mayor Haley
____________________________________________________________________________________
ATTACHMENTS: Planning Commission Applications
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Mayoral Appointments: Spokane Valley Tourism Promotion Area (TPA)
Commission
GOVERNING LEGISLATION: RCW 35.101; SVMC 3.21
PREVIOUS COUNCIL ACTION TAKEN:
January 1, 2023 Council formally approved the appointments for the TPA Commission
applicants – 5 individuals were chosen for the Commission
August 23, 2022, Council formally accepted a petition signed by qualified hotel
owners/operators in Spokane Valley to establish a City-wide TPA and adopted Resolution
22-017, which declares intent to establish a TPA and set a public hearing on September
13, 2022. Notice of the public hearing was published in The Valley News Herald and
mailed to hoteliers in Spokane Valley pursuant to RCW 35.101.060(2).
September 13, 2022, Council held a public hearing on the proposed adoption of Ordinance
22-016.
September 20, 2022, Council adopted Ordinance 22-016, establishing a Tourism
Promotion Area, codified as SVMC 3.21.
BACKGROUND: SVMC 3.21.070 creates the TPA Commission as an advisory body to make
recommendations to City Council for use of revenue derived from the charge. Appointments to or
removals from the hotel/motel TPA commission shall be made by the mayor, with confirmation by
a majority of Council pursuant to Council’s adopted Governance Manual.
The hotel/motel TPA commission shall be composed of five voting representatives from the
following hotel chain scales: one economy hotel, one midscale hotel, one upper midscale hotel,
one upscale hotel and one full-service hotel over 200 rooms. If no representative from a hotel in
the corresponding chain scale is willing or able to serve on the TPA commission, that position
may be made available to a representative of any lodging business within the boundaries of the
TPA, which include the boundaries of the City of Spokane Valley. A commission member may
only represent one type of property at any given time. In addition to the above voting commission
members, there shall be one nonvoting ex-officio member as assigned by the City Manager, which
position will function as a liaison between the City Council and the TPA.
There was a vacancy created as a Mid-Scale hotelier submitted resignation from the Commission
effective August 2023. The current term of the vacated position is through December 31, 2024.
The term will be effective January 1, 2024 through December 31, 2024.
Ads announcing the opening were placed in the Spokane Valley News Herald, the Spokesman
Review, and the Exchange, and were also placed on the City’s website until an application was
received for the vacant position.
We received the following application:
Midscale: Jessica Glasson, Holiday Inn Express
OPTIONS: Confirm or not, the Mayor’s recommendations for appointments. If the Mayor’s
recommendations are not confirmed by Council, the Mayor may either make another
recommendation or the matter can be postponed.
RECOMMENDED ACTION OR MOTION: I move to confirm the following Mayoral appointments
to the Spokane Valley TPA Commission:
Midscale: Jessica Glasson, Holiday Inn Express for a one-year term.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Marci Patterson, Mayor Haley
ATTACHMENTS: TPA Application
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Motion Consideration: Confirmation of Mayoral Appointments of
Councilmembers to Boards and Committees
GOVERNING LEGISLATION: Various ordinances, resolutions, and state statutes.
PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations
to place Councilmembers on various regional and in-house boards and committees.
recommendations s:
1. Aging & Long Term Care of Eastern Washington - Jessica Yaeger; Rod Higgins as alternate
2. Chamber of Commerce Board (Greater Spokane Valley) Laura Padden
3. Clean Air Agency, Spokane Regional Rod Higgins; Tim Hattenburg as alternate
4. Continuum of Care for the Homeless, Spokane County Gloria Mantz, Eric Robison as alternate
5. Finance Committee, Spokane Valley Laura Padden, Rod Higgins, Ben Wick
6. GMA (Growth Mgmt Steering Committee of Elected Officials) Rod Higgins, Tim Hattenburg
7. City Governance Manual Committee Pam Haley, Rod Higgins, Jessica Yaeger
8. GSI Pam Haley \[must be mayor\]
9. HCDAC (Housing and Community Development Advisory Committee) Tim Hattenburg, Ben Wick
10. Human Rights Task Force: Ben Wick, Al Merkel as alternate
11. Lodging Tax Advisory Committee Rod Higgins
12. Mayors Association of Northeast Washington \[must be mayor\] Pam Haley
13. Opioid Abatement Council (OAC) \[new for 2024\] Al Merkel
14. Public Safety Committee (New 2024) Tim Hattenburg, Laura Padden, Ben Wick
15. Spokane Regional Law & Justice Council (SRLJC) Laura Padden Term Expired for CoSV
16. SRTC (Spokane.Reg.Transportation Council) -Pam Haley, Rod Higgins; Tim Hattenburg as alternate
17. Strategic Planning Committee (New 2024) Pam Haley, Tim Hattenburg, Rod Higgins
18. STA (Spokane Transit Authority) Pam Haley, Tim Hattenburg
19. Wastewater Policy Advisory Board Rod Higgins, Jessica Yaeger
OPTIONS: Move to confirm the Mayoral appointments of Councilmembers to the committees and boards as
listed, or as modified by the Mayor.
RECOMMENDED ACTION OR MOTION: I move to authorize the creation of the Council Public Safety
Committee, the Council Strategic Planning Committee, and to confirm the Mayoral appointments of
Councilmembers to the committees and boards as listed on this January 9, 2024 Request for Council Action
form.
BUDGET/FINANCIAL IMPACTS: n/a
STAFF/COUNCIL CONTACT: Maraci Patterson/Mayor Haley
DESCRIPTION of COMMITTEES:
1. Aging & Long Term Care of Eastern Washington Governing Board
The purpose of this agency is to improve the quality
of life of older people in need of long term services and support through the development and the fostering
of the development of comprehensive & coordinated service systems in order to secure & maintain
maximum independence and dignity in a home environment for older people; remove individual and social
barriers to economic and personal independence for older people; to speak & work in behalf of older people;
to seek the support of and join with other agencies and organizations when appropriate. Our representation:
One Councilmember and one alternate if desired. Term length up to the jurisdiction making appointment.
2. Chamber of Commerce Board, Greater Spokane Valley
The Chamber is a nonprofit 501(c)(6) organization; it serves businesses & organizations; they are committed
to fostering relationships between members and the community to improve the economic climate and quality
of life in Eastern Spokane County. Annual meeting held November and other meetings throughout the year.
Term usually Sept 1 to Aug 31, but they are OK with us having an annual appointment. We are permitted 1,
ex-officio non-voting member.
3. Clean Air Agency, Spokane Regional
Some functions include coordinating activities with others in the community to carry out comprehensive
(or run with council term). We have one representative plus one alternate if desired.
4. Continuum of Care for the Homeless, Spokane City/County
In May of 2018, we were asked to participate. This is a regional planning body that coordinates housing and
services funding for homeless families and individuals. Their mission is to prevent and ultimately end
homelessness in our area by fostering shared responsibility among stakeholders. The Board representation
consists of 21 members, with one representative from the City of Spokane Valley. The Board is guided by
HUD and the United States Interagency Council on Homelessness national goals in ending homelessness.
Board meetings are generally held on the last Wednesday from 3:30 to 5:00 at the Goodwill on Second
Avenue. We have one representative for a one-year term.
5. Finance Committee, Spokane Valley
adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses
incurred while on official business of the COSV, is
may also request meetings to discuss matters of financial interest with the Finance Committee. Finance
Committee also has authority to approve certain change orders on short notice. Usually 3 councilmembers.
6. Growth Management Steering Committee of Elected Officials
Operates under the GMA Joint Planning Interlocal Agreement; responsibility is to specify standards for
defining urban growth areas, minimum levels of service for UGA, distribution of future growth, negotiating
UGA designations, and making recommendations regarding UGAs to the Board of County Commissioners.
rd
Meets the 3 Wed of each month, 10 a.m. Spokane Transit Authority Board Room. One-year term subject
to reappointment. No need for an official appointment of an alternate; a councilmember can go in place
of one of the 2 appointed if one of them cannot attend the alt just needs to identify themselves as an
alternate at the meeting.
7. Governance Manual, Spokane Valley
Works toward reviewing, refining, clarifying, or changing Council policies and procedures, to bring forward
to full Council for further discussion/consideration.
8. GSI (Greater Spokane, Inc.)
business & community initiatives to build a robust regional economy. According to bylaws, delegate must
be Mayor.
9. HCDAC (Housing & Community Dev. Advisory Committee)
Authority: Spokane Co Housing & Comm Development Advisory Committee By-Laws. Purpose: provide
citizen representatives of Spokane County the opportunity to participate in, comment on, and review all
nd
funding proposals for the HCDAC Division. Regular meetings 2 Thurs of the month, 4-5 p.m. Community
Service Bldg. Term Period: 3 years. Appointment Process: after our usual appointment process, Mayor
writes to BoCC requesting confirmation of appointment.
10. Human Rights Task Force
nd
Usually meets the 2 Tuesday of the month, from 3:30 to 5 pm at Catholic Charities, downtown Spokane.
Members must be willing to sign their Creed Statement acknowledging support of the mission and purpose
of the Task force. \[Their Creed Statement is founded upon the principles of The Declaration of
Independence, The United States Constitution, The Constitution of Washington State and The Universal
Declaration of Human Rights.\] Alternates are permitted but may not vote.
11. Lodging Tax Advisory Committee, Spokane Valley
Committee consists of 5 members: Two members who represent businesses required to collect tax, two
members involved in funded activities, and one councilmember to act as chair. Committee usually meets
once or twice a year, generally in the fall.
12. Mayors Association of NE Washington representative is Mayor
13. Opioid Abatement Council
Participating Local Governments must establish a regional Opioid Abatement Council (OAC) to oversee
monitoring, reporting, and dispute resolution. Spokane County has taken the lead in establishing the OAC.
Spokane County has presented an agreement for all Participating Local Governments in the Spokane
Region, which includes Adams, Ferry, Lincoln, Pend Oreille, Spokane, and Stevens Counties, along with
the City of Spokane Valley, Cheney, Liberty Lake, and City of Spokane. The OAC created by the MOU
meets the minimum requirements established by the One Washington MOU. The OAC will consist of one
representative from each county and one representative from each city.
14. Public Safety Committee
Public Safety Committee: An ad hoc committee consisting of two-to-three City Councilmembers. This
committee meets on an as-needed basis to discuss and provide input into critical pending public safety
issues. d the extensive number of issues facing the
Citrelated to public safety, this committee will allow discussion on issues in a more timely manner and in
advance of full City Council discussions. Meetings will be called by the City Manager or Deputy City
Manager. The City Manager and Deputy City Manager will attend Public Safety Committee
meetings. This committee will sunset as determined by recommendation from the Mayor, with approval
by the City Council.
15. Spokane Regional Law and Justice Council (SRLJC)
On June 29, 2021, the Board of Commissioners adopted Resolution 21-0458, which changed the structure,
member composition, and duties of the SRLJC. An important element in those changes was to combine all
city/town representation into one position, to be assigned a two-year term. As such, Spokane Valley,
Spokane, and all of the smaller jurisdictions will share one position. Spokane City and Spokane Valley
were the only attendees, and they agreed to alternate providing a representative every two years, with
Spokane offering for Spokane Valley to take the first term. Our first term runs from Oct 13, 2021 through
October 12, 2023.
16. SRTC (Spokane Regional Transportation Council)
The SRTC is the lead agency for transportation planning services for the area covered by Spokane County.
The agency has several roles: at the federal level, SRTC is designated a Metropolitan Planning Organization
(MPO), while it is designated a Regional Transportation Planning Organization (RTPO) by state law. MPOs
nd
and RTPOs serve the same basic planning functions. They meets monthly, 2 Thursday at 1 pm, downtown
Spokane. Per interlocal agreement, term is 3 years or the tenure of the elected office, whichever is the lesser
time, subject to reappointment. We are permitted one position, and an alternate is also permissible.
17. Strategic Planning Committee
An ad hoc committee consisting of two-to-three City Councilmembers. This committee meets on an as-
needed basis to discuss and provide input into the preparation of the winter workshop strategic planning
agenda and other efforts throughout the year. 2024 will present the City Council with an extensive
number of issues to prioritize related to City services. This committee will allow discussion on issues in a
more timely manner and in advance of full City Council discussions. Meetings will be called by the City
Manager or Deputy City Manager. The City Manager and Deputy City Manager will attend Public Safety
Committee meetings. This committee will sunset as determined by recommendation from the Mayor,
with approval by the City Council.
18. STA (Spokane Transit Authority)
STA is overseen by a regional board that provides the policy and legislative direction for Spokane Transit
and its administrators, and approves its actions, budgets and long-term plans. It also has the authority to levy
taxes as authorized by state law with voter approval. The Board is composed of 9 voting elected officials:
rd
one year term subject to reappointment. The board meets 3 Thursday of the month from 1:30 to 3:30 in the
STA Boardroom on Boone Avenue. We are allowed two delegates plus one alternate.
19. Wastewater Policy Advisory Board
The City and County recognize the regional nature of the challenges related to wastewater management, and
the necessity of a regional solution. The entities declare their combined support of the planning, financing,
construction, managing and operation of the System, as defined within the Interlocal agreement. We are
allotted 2 Spokane Valley Elected Representatives who shall have a 4 year term or until any such elected
official ceases to be an elected official. This Board generally only meets once or twice a year.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consentold businesspublic hearing
information admin. report new business
AGENDA ITEM TITLE: Logo / Governance Manual Social Media Review
GOVERNING LEGISLATION: SVMC 1.06 et seq.; Governance Manual adopted by Council
PREVIOUS COUNCIL ACTION TAKEN: December 19, 2023 adoption of the Governance Manual
Updates.
BACKGROUND:
At the Jan. 2, 2024 meeting, Council requested a review of the City Logo Policy and Governance Manual
related to social media guidelines. Staff will discuss these provisions and seek guidance from the City
Council on potential future social media accounts. Currently, the City has official accounts on Facebook,
X (formerly Twitter), Instagram, YouTube, and LinkedIn. A general discussion of public records
concerns will also be discussed.
OPTIONS: For Discussion.
RECOMMENDED ACTION OR MOTION: None at this time.
BUDGET/FINANCIAL IMPACTS: None at this time.
STAFF CONTACT: John Hohman, City Manager, Kelly Konkright, City Attorney
___________________________________________________________________________
ATTACHMENTS: SVMC 1.06
Governance Manual Appendix H
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Administrative Report: Ordinance 24-001 Amending Planning
Commission Meeting Requirements
GOVERNING LEGISLATION: Chapter 18.10 Spokane Valley Municipal Code (SVMC); chapter
36.70A RCW; RCW 35A.63.140; RCW 35.63.040
PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 07-015 § 4.
BACKGROUND: Ordinance 24-001 is a city-initiated code text amendment (CTA-2023-0004)
revising SVMC 18.10.030 to provide flexibility in the number of required Planning Commission
meetings. Currently, SVMC 18.10.030 requires the Planning Commission to meet at least one
time every month. If passed, this change would require the Planning Commission to hold at least
one regular meeting each month, not less than nine months in each year. Further, it would ensure
that there are not two consecutive months without a meeting.
The Planning Commission considered CTA-2023-0004 at a study session on October 12, 2023,
and held a public hearing on November 9, 2023. Along with a draft ordinance, City Council is
provided with the Planning Commission’s signed Findings and Recommendation.
OPTIONS: Consensus to place Ordinance 24-001 on a future agenda for a first ordinance
reading; or take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 24-001 on a future
agenda for a first ordinance reading.
BUDGET/FINANCIAL IMPACTS: There are no anticipated financial impacts.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: 1) Presentation
2) Draft Ordinance 24-001
2) CTA-2023-0004 Findings and Recommendation of the Spokane Valley
Planning Commission
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 18.10.030
RELATED TO THE PLANNING COMMISSION MEETING RULES, AND OTHER MATTERS
RELATING THERETO.
WHEREAS, the City of Spokane Valley Planning Commission was created pursuant to chapter
18.10 of the Spokane Valley Municipal Code (SVMC); and
WHEREAS, the Planning Commission is tasked with determining its meeting schedule within the
bounds set by SVMC 18.10.030; and
WHEREAS, pursuant to the Planning Commission Rules of Procedure, the Planning Commission
meets at 6:00 p.m. on the second and fourth Thursdays of the month unless a meeting is cancelled; and
WHEREAS, pursuant to SVMC 18.10.030(B) the Planning Commission is currently required to
meet at least one time every month; and
WHEREAS, decreasing the required meetings of the Planning Commission provides flexibility
without compromising efficiency; and
WHEREAS, CTA-2023-0004 is a City-initiated code text amendment to revise SVMC 18.10.030
to decrease the number of required meetings to one regular meeting each month not less than nine months
in each year; and
WHEREAS, on October 5, 2023 the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60 day notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, the Planning Commission held a Study Session related to CTA-2023-0004 on October
12, 2023; and
WHEREAS, on October 20, 2023 and October 27, 2023, notice of the Planning Commission public
hearing for CTA-2023-0004 was published in the Spokane Valley News Herald; and
WHEREAS, on November 9, 2023, the Planning Commission held a public hearing to receive
evidence and information, and to provide an opportunity for public testimony. The Commissioners
subsequently voted 7-0 to recommend that the City Council approve the CTA-2023-0004 with the
modification that there never be two consecutive months without a meeting; and
Ordinance 24-001, amending SVMC 18.10.030 Page 1 of 3
DRAFT
WHEREAS, the Planning Commission approved the Findings and Recommendations as presented
on December 14, 2023; and
WHEREAS, the proposed amendments to SVMC 18.10.030 are in the best interests of the health,
safety, and welfare of the citizens of the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend section 18.10.030 of the
Spokane Valley Municipal Code (SVMC) so as to provide for flexibility in the number of required meetings
held by the Planning Commission.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments, and recommends approval of the amendments. The City Council has read and considered the
Planning Commission’s findings and recommendation, and makes the following findings:
A. The proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan:
Findings: The Comprehensive Plan does not identify specific goals and policies relevant
to the Planning Commission procedures but identifies specific goals and policies to be
considered in the development of the comprehensive plan and development regulations. A
review of the goals and policies did not identify anything inconsistent with the proposed
CTA. The proposed amendment is consistent with the Comprehensive Plan as the
amendment establishes the minimum number of meetings required for the Planning
Commission to conduct its business as it relates to Comprehensive Plan amendments and
other matters such as code text amendments.
B. The proposed amendment does bear a substantial relation to public health, safety, welfare,
and protection of the environment.
Findings: The proposed amendment bears substantial relation to public health, safety,
welfare, and protection of the environment. The proposed amendments clarify the required
number of meetings the Planning Commission must hold consistent with state law and does
not reduce the number of meetings necessary for the Planning Commission to conduct
business, nor does it reduce the number of regular meetings scheduled pursuant to the
Planning Commission Rules of Procedure.
C. Conclusion:
The proposed text amendment is consistent with the Comprehensive Plan and bears a
substantial relation to public health, safety, welfare, and protection of the environment.
Ordinance 24-001, amending SVMC 18.10.030 Page 2 of 3
DRAFT
Section 3.Amendment.SVMC 18.10.030 is hereby amended as follows:
18.10.030 Meetings – Rules.
A. The planning commission shall every year organize and elect from its members a chair, who shall
preside at all meetings of the planning commission and perform such other functions as determined by
rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning
commission members shall constitute a quorum for the transaction of business, and a majority vote of
those present shall be necessary to carry any proposition.
B. The planning commission shall determine a regular meeting schedule (time, place and frequency) and
shall meet hold at least one regular meeting each time every month not less than nine months in each year,
provided that there are never two consecutive months without a meeting. All meetings shall be open to the
public.
C. The planning commission shall adopt such rules and procedures as are necessary for the conduct of
business, subject to the approval of city council, and shall keep a recording of its proceedings.
D. All hearings before the planning commission shall be conducted in the manner set forth in Appendix
B.
Section 4. Other sections unchanged. All other provisions of chapter 18.10 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed this day of , 2024.
Pam Haley, Mayor
ATTEST:
Marci Patterson, City Clerk
Approved As To Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 24-001, amending SVMC 18.10.030 Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consentold businessnew businesspublic hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Administrative Report: Ordinance 24-002 Zayo Group, LLC Franchise.
GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW.
PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 13-011 on August 13, 2013.
BACKGROUND: At its most basic level, a franchise is a nonexclusive contract between a city and
utility provider that governs the utility provider’s use of the public rights-of-way. More specifically, the
franchise sets limits on the utility provider so that their use of the rights-of-way does not interfere with
public transportation and other primary purposes. For instance, the City’s franchises generally require
franchisees to bear the costs to relocate their facilities to accommodate a transportation project, and
require franchisees to adhere to the City’s street cut and excavation policies.
In 2013, Council approved a franchise with Zayo Group, LLC for installation and maintenance of fiber
optics telecommunications facilities within the boundaries of the City of Spokane Valley. The ten year
franchise requires renewal, and Zayo Group, LLC has requested that the City grant it a new franchise on
the same or similar terms. The attached draft franchise would accomplish that. There are a few minor
substantive differences in this draft from Ordinance 13-011, as follows:
1) Section 4: Zayo has again granted the City access to four dark fiber strands for solely
governmental non-commercial use. If utilized, the City agrees to pay Zayo a monthly fee of $34.00
per fiber pair per mile. This is an increase from the $20.00 set in the 2013 franchise. Per IT Manager
Chad Knodel, this increase is reasonable and such a relationship is worth preserving.
2) Section 20: This is what the City now requires of all Grantees. In short, a Grantee cannot abandon
its’ facilities in the right-of-way, thus transferring the cost of removal from the Grantee to the City
and its’ taxpayers. There are options for delayed removal, but the cost of removal must ultimately be
borne by the Grantee; and
3) Section 28: The minimum level of insurance is being raised from $1 million per occurrence and $2
million aggregate, to $2 million per occurrence and $2 million aggregate. This reflects what the
City’s liability provider requests that the City require and is what the City now requires of all
franchisees and nearly every contractor/consultant.
There are other minor changes from the prior franchise to this proposed franchise that relate mostly to
updating the title of the “Public Works Director” to the “Community and Public Works Director” and
other similar language changes.
Zayo Group, LLC has reviewed this draft and is in agreement with its terms for a new 10-year franchise.
Staff recommends approval of the proposed franchise. If ultimately adopted, this franchise would
supersede Ordinance 13-011.
OPTIONS: (1) Consensus to place Ordinance 24-002 on a future agenda for an ordinance first reading; or
(2) take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 24-002 on a future agenda
for an ordinance first reading.
BUDGET/FINANCIAL IMPACTS: Current monthly costs of governmental use pursuant to section 4
of the franchise will increase by approximately $200, of which approximately $52 is paid by Spokane
County.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney.
___________________________________________________________________________
ATTACHMENTS: Draft Ordinance No. 24-002, a 10-year franchise to the Zayo Group, LLC to
construct and operate fiber optic telecommunications facilities in the City’s rights-of-way.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVEFRANCHISE TO ZAYO GROUP,
LLC TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS
FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE
VALLEY, AND OTHER MATTERS RELATING THERETO.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate
“nonexclusive franchises for the use of public streets, bridges or other public ways, structures or
places above or below the surface of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of electrical energy, signals and other
methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and
publicly owned and operated facilities for public service”; and
WHEREAS, RCW 35A.47.040 further requires that “no ordinance or resolution granting
any franchise in a code city for any purpose shall be adopted or passed by the city’s legislative
body on the day of its introduction nor for five days thereafter, nor at any other than a regular
meeting nor without first being submitted to the city attorney, nor without having been granted by
the approving vote of at least a majority of the entire legislative body, nor without being published
at least once in a newspaper of general circulation in the city before becoming effective”; and
WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage;
and
WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance,
subject to its terms and conditions, is in the best interests of the public, and protects the health,
safety, and welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and
terms shall have the meaning set forth below:
“City Manager” means the City Manager or designee.
“Community and Public Works Director” shall mean the Spokane Valley
Community and Public Works Director or his/her designee.
“construction” or “construct” shall mean constructing, digging, excavating, laying,
testing, operating, extending, upgrading, renewing, removing, replacing, and
repairing a facility.
Ordinance 24-002 Zayo Telecommunications Franchise Page 1 of 17
DRAFT
“day” shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be
done in less than seven days, intermediate Saturdays, Sundays and legal holidays
shall be excluded in the computation of time.
“franchise” (sometimes referred to as Ordinance) shall mean the legal document
issued by the City which grants rights to Grantee to construct and operate its
telecommunication facilities as set forth herein.
“franchise area” shall mean the entire geographic area within the City as it is now
constituted or may in the future be constituted.
“hazardous substances”shall have the same meaningas RCW 70.105D.020(10).
“maintenance, maintaining or maintain” shall mean the work involved in the
replacement and/or repair of facilities, including constructing, relaying, repairing,
replacing, examining, testing, inspecting, removing, digging and excavating, and
restoring operations incidental thereto.
“overbuilding” shall mean adding additional fiber capacity to an existing conduit
housing fiber optic cable.
“overlashing” shall mean the act of lashing new fiber optic cable to an existing
aerial fiber optic cable.
“permittee” shall mean aperson or entity who has been granted a permit by the
Permitting Authority.
“permitting authority” shall mean the City Manager or designee authorized to
process and grant permits required to perform work in the rights-of-way.
“product” shall refer to the item, thing or use provided by the Grantee.
“public property” shall mean any real estate or any facility owned by the City.
“relocation” shall mean any required move or relocation of an existing installation
or equipment owned by Grantee whereby such move or relocation is necessitated
by installation, improvement, renovation or repair of another entity’s facilities in
the rights-of-way, including Grantor’s facilities.
“right-of-way” shall refer to the surface of and the space along, above, and below
any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard,
parkway, drive, Grantee easement, and/or public way now or hereafter held or
administered by the City.
“streets” or “highways” shall mean the surface of, and the space above and below,
any public street, road, alley or highway, within the City used or intended to be
used by the general public, to the extent the City has the right to allow the Grantee
to use them.
Ordinance 24-002 Zayo Telecommunications Franchise Page 2 of 17
DRAFT
“telecommunications facilities” shall mean any of the plant, equipment, fixtures,
appurtenances, antennas, and other facilities necessary to furnish and deliver
telecommunications services, including but not limited to poles with crossarms,
poles without crossarms, wires, lines, conduits, cables, communication and signal
lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of
telecommunications services. The abandonment by Grantee of any
telecommunications facilities as defined herein shall not act to remove the same
from this definition.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the “City”), hereby grants unto the Zayo Group (hereinafter “Grantee”), a
franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install,
construct, operate, maintain, replace and use all necessary equipment and facilities to place
telecommunications facilities in, under, on, across, over, through, along or below the public rights-
of-way located in the City of Spokane Valley, as approved under City permits issued pursuant to
this franchise (hereinafter the “franchise”). This franchise does not permit Grantee to use such
facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff).
Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such
right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to
any subsequent franchise, if any, between the parties.
Section 4. City Use. The following provisions shall apply regarding City use.
A. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along
the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole
and exclusive governmental non-commercial use or designation (the “City Reserved Fibers”); City
shall not use the Reserved Fibers for resale, sublease, licensing, sub-IRU, trade or barter exchange,
leverage, or other use in competition with Zayo. City agrees that it shall not use the City Reserved
Fibers as a public utility provider of telecommunications business service to the public. It is the
intent of Grantor and Grantee that any additional fiber capacity resulting from overbuilding,
overlashing, or relocation of Grantee’s facilities shall not be considered a new route for purposes
of increasing the number of dark fiber strands available for use by Grantor, except as set forth
under 4.C, below.
B. The City shall have the right to access by connection to the City Reserved Fibers at existing
Grantee splice points or reasonably established access points within the City limits; provided that
all splicing shall be the sole responsibility of the Grantee, but at the cost of the City. The City shall
provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any
access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of
$34.00 per fiber pair per mile in use by the City (the “City Fiber Rate”) unless otherwise
specifically agreed by both the parties in writing and shall enter into Grantee’s standard “Fiber
License Agreement” which shall govern the terms and conditions for use of the City Reserved
Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into
use by the City.
Ordinance 24-002 Zayo Telecommunications Franchise Page 3 of 17
DRAFT
C.In the event the City Reserved Fibers are the last fibers remaining in Grantee’sfiber bundle,
then the following shall apply:
1. If the City is using the fibers, then the rate the City shall pay Grantee will change from
the City Fiber Rate to Grantee’s standard commercial rate.
2. If the City is not using the fibers, the City shall have the option of abandoning the City
Reserved Fibers in lieu of paying Grantee’s standard commercial rate.
3. If Grantee installs additional fiber capacity, the City’s right to use four dark fiber strands
as set forth in subsections A and B, immediately above, shall again be in effect.
D. All access, interconnection, and maintenance to and on the City Reserved Fibers shall be
performed by Grantee. The City shall pay all costs associated with such work to the City Reserved
Fibers. The City Reserved Fibers shall have a term that matches the duration of this Franchise
Ordinance (“Reserved Fiber Term”).
E. Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing,
relocating, or placing ducts or conduits in public rights-of-way, the Community and Public Works
Director may require Grantee to provide the City with additional duct or conduit and related
structures, at incremental cost, necessary to access the conduit at mutually convenient locations.
Any ducts or conduits provided by Grantee under this section shall only be used for City
governmental non-commercial purposes and shall not be for resale, sublease, licensing, sub-IRU,
trade or barter exchange, leverage, or other use in competition with Zayo.
1. The City shall not require that the additional duct or conduit space be connected to the
access structures and vaults of the Grantee.
2. This section shall not affect the provision of an institutional network by a cable television
provider under federal law.
3. Grantee shall notify the Community and Public Works Director at least 14 days prior to
opening a trench at any location to allow the City to exercise its options as provided herein.
Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication
of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding
this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all
permit and inspection fees associated with activities undertaken through the authority granted in
this franchise or under City Code. Grantee shall be subject to all permit and inspection fees
associated with activities undertaken through the authority granted in this franchise or under City
Code.
Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall
not in any manner prevent the City from granting other or further franchises or permits in any
rights-of-way. This and other franchises shall, in no way, prevent or prohibit the City from using
any of its rights-of-way or affect its jurisdiction over them or any part of them.
Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior
Ordinance 24-002 Zayo Telecommunications Franchise Page 4 of 17
DRAFT
right to the use of its rights-of-way and public properties for installation and maintenance of its
facilities and other governmental purposes. The City hereby retains full power to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation
of same as the City may deem fit, including the dedication, establishment, maintenance, and
improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties
of every type and description. Any and all such removal or replacement shall be at the sole expense
of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust
or relocate its telecommunications facilities by the date established by the Community and Public
Works Director’s written notice to Grantee and in accordance with RCW 35.99.060, the City may
cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid
by Grantee.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the telecommunications facilities of the Grantee, shall have preference as to the
positioning and location of such utilities so installed with respect to the Grantee. Such preference
shall continue in the event of the necessity of relocating or changing the grade of any such public
properties.
Grantee’s telecommunications facilities shall be constructed and maintained in such manner as not
to interfere with any public use, or with any other pipes, wires, conduitsor other facilities that may
have been laid in the rights-of-way by or under the City’s authority. If the work done under this
franchise damages or interferes in any way with the public use or other facilities, the Grantee shall
wholly and at its own expense make such provisions necessary to eliminate the interference or
damage to the satisfaction of the Community and Public Works Director.
Section 8. Construction Standards. All work authorized and required hereunder shall comply
with all generally applicable City Codes and regulations. Grantee shall also comply with all
applicable federal and state regulations, laws and practices. Grantee is responsible for the
supervision, condition, and quality of the work done, whether it is by itself or by contractors,
assigns or agencies. Application of said federal, state, and City Codes and regulationsshall be for
the purposes of fulfilling the City’s public trustee role in administering the primary use and purpose
of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for
the competent design, construction, maintenance, and operation of its telecommunications
facilities. Grantee is responsible for the supervision, condition, and quality of the work done,
whether it is by itself or by contractors, assigns or agencies.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities
to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the
work of the Grantee; and (2) such joint use shall not adversely affect Grantee’s telecommunications
facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and
filling on a pro-rata basis.
Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating
to protection of monuments.
Section 10. Tree Trimming.The Grantee shall have the authority to conduct pruning and
trimming for access to Grantee’s telecommunications facilities in the rights-of-way subject to
Ordinance 24-002 Zayo Telecommunications Franchise Page 5 of 17
DRAFT
compliance with the City Code. All such trimming shall be done at the Grantee’s sole cost and
expense.
Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this
franchise, designate one or more responsible people and an emergency 24-hour on-call personnel
and the procedures to be followed when responding to an emergency. After being notified of an
emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the
protection of the health and safety of the public.
In the event the Grantee refuses to promptly take the directed action or fails to fully comply with
such direction, or if emergency conditions exist which require immediate action to prevent
imminent injury or damages to persons or property, the City may take such actions as it believes
are necessary to protect persons or property and the Grantee shall be responsible to reimburse the
City for its costs and any expenses.
Section 12.One-Call System. Pursuant to chapter 19.122 RCW, Grantee is responsible for
becoming familiar with, and understanding, the provisions of Washington’s One-Call statutes.
Grantee shall comply with the terms and conditions set forth in the One-Call statutes.
Section 13. Safety.All of Grantee’s telecommunications facilities in the rights-of-way shall be
constructed and maintained in a safe and operational condition. Grantee shall follow all safety
codes and other applicable regulations in the installation, operation, and maintenance of the
telecommunications facilities.
Section 14. Movement of Grantee’s Telecommunications Facilities for Others. Whenever any
third party shall have obtained permission from the City to use any right–of-way for the purpose
of moving any building or other oversized structure, Grantee, upon at least 14 days’ written notice
from the City, shall move, at the expense of the third party desiring to move the building or
structure, any of Grantee’s telecommunications facilities that may obstruct the movement thereof;
provided, that the path for moving such building or structure is the path of least interference to
Grantee’s telecommunications facilities, as determined by the City. Upon good cause shown by
Grantee, the City may require more than 14 days’ notice to Grantee to move its
telecommunications facilities.
Section 15. Acquiring New Telecommunications Facilities. Upon Grantee’s acquisition of any
new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the
City of any area in which Grantee retains any such telecommunications facilities in the rights-of-
way, the Grantee shall submit to the City a written statement describing all telecommunications
facilities involved, whether authorized by franchise or any other form of prior right, and specifying
the location of all such facilities. Such facilities shall immediately be subject to the terms of this
franchise.
Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation,
installation, construction, repair, maintenance, or relocation of telecommunications facilities
authorized by this franchise has caused or contributed to a condition that substantially impairs the
lateral support of the adjoining right-of-way, road, street or other public place, or endangers the
public, adjoining public or private property or street utilities, the City may direct Grantee, at
Grantee’s sole expense, to take all necessary actions to protect the public and property. The City
Ordinance 24-002 Zayo Telecommunications Franchise Page 6 of 17
DRAFT
may require that such action be completed within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails
to fully comply with such directions, or if emergency conditions exist which require immediate
action, the City may enter upon the property and take such actions as are necessary to protect the
public, adjacent public or private property, or street utilities, or to maintain the lateral support
thereof, and all other actions deemed by the City to be necessary to preserve the public safety and
welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent
caused by Grantee.
Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and
local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee’s
telecommunications facilities in the rights–of-way. Grantee agrees to indemnify the City against
any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising
out of the release or threat of release of hazardous substances caused by Grantee’s ownership or
operation of its telecommunications facilities within the City’s right-of-way.
Section 18. Environmental. Grantee shall comply with all environmental protection laws,
rules, recommendations, and regulations of the United States and the State of Washington, and
their various subdivisions and agencies as they presently exist or may hereafter be enacted,
promulgated, or amended, and shall indemnify and hold the City harmless from any and all
damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to
comply with any such laws, rules, recommendations, or regulations, whether or not Grantee’s acts
or activities were intentional or unintentional. Grantee shall further indemnify the City against all
losses, costs, and expenses (including legal expenses) which the City may incur as a result of the
requirement of any government or governmental subdivision or agency to clean and/or remove
any pollution caused or permitted by Grantee, whether said requirement is during the term of the
franchise or subsequent to its termination.
Section 19. Relocation of Telecommunications Facilities.Grantee agrees and covenants, at its
sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any
street any of its telecommunications facilities when so required by the City in accordance with the
provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to
temporarily bypass, in the authorized portion of the same street upon approval by the City, any
section of its telecommunications facilities required to be temporarily disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee’s then- existing
telecommunications facilities, the City shall:
A. At least 60 days prior to the commencement of such improvement project, provide Grantee with
written notice requiring such relocation; and
B. Provide Grantee with copies of pertinent portions of the plans and specifications for such
improvement project and a proposed location for Grantee’s telecommunications facilities so that
Grantee may relocate its telecommunications facilities in other City rights-of-way in order to
accommodate such improvement project.
C. After receipt of such notice and such plans and specifications, Grantee shall complete relocation
Ordinance 24-002 Zayo Telecommunications Franchise Page 7 of 17
DRAFT
of its telecommunications facilities at no charge or expense to the City in order to accommodate
the improvement project in accordance with RCW 35.99.060 (2).
Grantee may, after receipt of written notice requesting a relocation of its telecommunications
facilities, submit to the City written alternatives to such relocation. The City shall evaluate such
alternatives and advise Grantee in writing if one or more of the alternatives are suitable to
accommodate the work which would otherwise necessitate relocation of the telecommunications
facilities. If so requested by the City, Granteeshall submit additional information to assist the City
in making such evaluation. The City shall give each alternative proposed by Grantee full and fair
consideration. In the event the City ultimately determines that there is no other reasonable
alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this
section.
The provisions of this section shall in no manner preclude or restrict Grantee from making any
arrangements it may deem appropriate when responding to a request for relocation of its
telecommunications facilities by any person or entity other than the City, where the
telecommunications facilities to be constructed by said person or entity are not or will not become
City owned, operated or maintained facilities, provided that such arrangements do not unduly delay
a City construction project.
If the City or a contractor for the City is delayed at any time in the progress of the work by an act
or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify,
defend and hold the City, its officers, officials, employees and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorneys’ fees to the extent arising out of
or in connection with such delays, except for delays and damages caused by the City. This
provision may not be waived by the parties except in writing.
Section 20. Abandonment of Grantee’s Telecommunications Facilities.
A. Underground facilities: Unless otherwise approved by the City in writing, Grantee shall remove
any facilities which have not been used to provide telecommunications services for a period of at
least 90 days when: (a) a City project involves digging that will encounter the abandoned facility;
(b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the
abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is
reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has
collapsed, broke, or otherwise failed.
Grantee may, upon written approval by the City,delay removal of the abandoned facility until
such time as the City commences a construction project in the rights-of-way unless (b) or (d) above
applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-
way as soon as weather conditions allow, unless the City expressly allows otherwise in writing.
B. Aboveground facilities: Grantee shall remove any facilities which have not been used to provide
telecommunications services for a period of at least 90 days.
C. The expense of the removal, and restoration of improvements in the rights-of-way that were
damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee.
If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may
Ordinance 24-002 Zayo Telecommunications Franchise Page 8 of 17
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incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to
reimbursement from Grantee for such costs, including reasonable attorney's fees and costs.
Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City:
A.A route map that depicts the general location of the Grantee’s telecommunications facilities placed
in the rights-of-way. The route map shall identify telecommunications facilities as aerial or
underground and is not required to depict cable types, number of fibers or cables, electronic
equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic
format of the aerial/underground telecommunications facilities in relation to the right-of-way
centerline reference to allow the City to add this information to the City’s Geographic Information
System (“GIS”) program. The information in this subsection shall be delivered to the Cityby
December 1, annually.
B. In addition to subsection A of this section, the City may request that Grantee provide the
information described in subsection A of this section as needed for specific projects to avoid harm
to Grantee’s facilities. To the extent such requests are limited to specific telecommunications
facilities at a given location within the franchise area in connection with the construction of any
City project, Grantee shall provide to the City, upon the City’s reasonable request, copies of
available drawings in use by Grantee showing the location of such telecommunications facilities.
Grantee shall field locate its telecommunications facilities in order to facilitate design and planning
of City improvement projects.
C. Upon written request of the City, Grantee shall provide the City with the most recent update
available of any plan of potential improvements to its telecommunications facilities within the
franchise area; provided, however, any such plan so submitted shall be deemed confidential and
for informational purposes only, and shall not obligate Grantee to undertake any specific
improvements within the franchise area.
D. In addition to the requirements of subsection A of this section, the parties agree to periodically
share GIS files upon written request, provided Grantee’s GIS files are to be used solely by the City
for governmental purposes. Any files provided to Grantee shall be restricted to information
required for Grantee’s engineering needs for construction or maintenance of telecommunications
facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS
information obtained from City to any third parties.
E. Public Records Act. Grantee acknowledges that information submitted to the City may be
subject to inspection and copying under the Washington Public Records Act codified in chapter
42.56 RCW. Grantee shall mark as “PROPRIETARY/CONFIDENTIAL” each page or portion
thereof of any documentation/information which it submits to the City and which it believes is
exempt from public inspection or copying. The City agrees to timely provide the Grantee with a
copy of any public disclosure request to inspect or copy documentation/information which the
Grantee has provided to the City and marked as “PROPRIETARY/CONFIDENTIAL” prior to
allowing any inspection and/or copying as well as provide the Grantee with a time frame,
consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the
requested documentation/information. In the event the City disagrees with the Grantee’s basis for
non-disclosure, the City agrees to withhold release of the requested documentation/information in
Ordinance 24-002 Zayo Telecommunications Franchise Page 9 of 17
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dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under
RCW 42.56.540.
Section 22. Limitation on Future Work. In the event that the City constructs a new street or
reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as
set forth in the City’s then-adopted regulations relating to street cuts and excavations.
Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for
a permit to extend telecommunications facilities. Any such refusal shall be supported by a written
statement from the Community and Public Works Director that extending the telecommunications
facilities, as proposed, would interfere with the public health, safety or welfare.
Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein,
the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors
and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein.
Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this franchise, including any reasonable ordinances made in
the exercise of its police powers in the interest of public safety and for the welfare of the public.
The City shall have the authority at all times to control by appropriate regulations the location,
elevation, and manner of construction and maintenance of any telecommunications facilities by
Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would
cause Grantee to violate other requirements of law.
In the event of a conflict between the Municipal Code and this franchise, City Code shall control.
Section 26. Vacation. The City may vacate any City road, right-of-way or other City property
which is subject to rights granted by this franchise in accordance with state and local law. Any
relocation of telecommunications facilities resulting from a street vacation shall require a
minimum of 180 days notice as provided for in section 37.
Section 27. Indemnification.
A. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers, employees, agents and representatives from any and all claims,
costs, judgments, awards or liability to any person arising from injury, sickness or death of any
person or damage to property of any nature whatsoever relating to or arising out of this franchise
agreement; except for injuries and damages caused solely by the negligence of the City. This
includes but is not limited to injury:
1. For which the negligent acts or omissions of Grantee, its agents, servants, officers
or employees in performing the activities authorized by a franchise are the
proximate cause;
2. By virtue of Grantee’s exercise of the rights granted herein;
Ordinance 24-002 Zayo Telecommunications Franchise Page 10 of 17
DRAFT
3. By virtue of the City permitting Grantee’s use of the City’s rights-of-ways or
other public property;
4. Based upon the City’s inspection or lack of inspection of work performed by
Grantee, its agents and servants, officers or employees in connection with work
authorized on the facility or property over which the City has control, pursuant to a
franchise or pursuant to any other permit or approval issued in connection with a
franchise;
5. Arising as a result of the negligent acts or omissions of Grantee, its agents,
servants, officers or employees in barricading, instituting trench safety systems or
providing other adequate warnings of any excavation, construction or work upon
the facility, in any right-of-way, or other public place in performance of work or
services permitted under a franchise; or
6. Based upon radio frequency emissions or radiation emitted from Grantee’s
equipment located upon the facility, regardless of whether Grantee’s equipment
complies with applicable federal statutes and/or FCC regulations related thereto.
B. Grantee’s indemnification obligations pursuant to subsection A of this section shall include
assuming liability for actions brought by Grantee’s own employees and the employees of Grantee’s
agents, representatives, contractors and subcontractors even though Grantee might be immune
under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and
understood that this assumption of potential liability for actions brought by the aforementioned
employees is limited solely to claims against the City arising by virtue of Grantee’s exercise of the
rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually
negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise
without Grantee’s waiver. To the extent required to provide this indemnification and this
indemnification only, Grantee waives its immunity under RCW Title 51.
C. Inspection or acceptance by the City of any work performed by Grantee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Provided, that Grantee has been given prompt written notice by the City of any
such claim, said indemnification obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation. The City has the right to defend or participate in the defense of any
such claim, and has the right to approve any settlement or other compromise of any such claim.
D. In the event that Grantee refuses the tender of defense in any suit or any claim, said tender
having been made pursuant to this section, and said refusal is subsequently determined by a court
having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have
been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City’s costs for
defense of the action, including all reasonable expert witness fees, reasonable attorneys’ fees, and
the reasonable costs of the City of recovering under this subsection.
E. Grantee's duty to defend, indemnify and hold harmless City against liability for damages
caused by the concurrent negligence of (a) City or City’s agents, employees, or contractors, and
Ordinance 24-002 Zayo Telecommunications Franchise Page 11 of 17
DRAFT
(b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the
negligence of Grantee or Grantee’s agents, employees, or contractors. In the event that a court of
competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115,
the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to
said statute and liability shall be allocated as provided herein.
F. Notwithstanding any other provisions of this section, Grantee assumes the risk of damage
to its telecommunication facilities located in the rights-of-way and upon City-owned property from
activities conducted by the City, its officers, agents, employees and contractors, except to the
extent any such damage or destruction is caused by or arises from any willful or malicious action
or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee
releases and waives any and all such claims against the City, its officers, agents, employees or
contractors.Grantee further agrees to indemnify, hold harmless and defend the City against any
claims for damages, including, but not limited to, business interruption damages and lost profits,
brought by or under users of Grantee’s facilities as the result of any interruption of service due to
damage or destruction of Grantee’s facilities caused by or arising out of activities conducted by
the City, its officers, agents, employees or contractors, except to the extent any such damage or
destruction is caused by or arises from the sole negligence or any willful or malicious actions on
the part of the City, its officers, agents, employees or contractors.
G. The provisions of this section shall survive the expiration, revocation or termination of this
franchise.
Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise,
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee,
its agents, representatives or employees.
Applicant’s maintenance of insurance as required by this franchise shall not be construed to limit
the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per
accident for bodily injury and property damage. This insurance shall cover all owned, non-owned,
hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage; and
B. Commercial General Liability insurance shall be written on Insurance Services Office (ISO)
occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable
to the City, and shall cover products liability. The City shall be named as an insured under the
Applicant’s Commercial General Liability insurance policy using ISO Additional Insured-State or
Political Subdivisions-Permits CG 20 12 or a substitute endorsementacceptable to the City
providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no
less than $2,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations; broad form property; explosion, collapse and
underground (XCU); and Employer’s Liability.
Ordinance 24-002 Zayo Telecommunications Franchise Page 12 of 17
DRAFT
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1.The Grantee’s insurance coverage shall be primary insurance with respect to the City as
outlined in the Indemnification section of this franchise. Any insurance, self-
insurance, or insurance pool coverage maintained by the City shall be in excess of
the Grantee’s insurance and shall not contribute with it.
2.The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled,
except after 30 days’ prior written notice has been given to the City.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Grantee shall furnish the City with original certificates and a copy of any amendatory
endorsements, including the additional insured endorsement, evidencing the insurance
requirements of the Grantee prior to the adoption of this Ordinance.
Any failure to comply with the reporting provisions of the policies required herein shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of
the work, installation, improvements, construction, repair, relocation or maintenance authorized
by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the
performance of this franchise, shall, upon the request of the City, furnish a bond executed by
Grantee or Grantee’s contractors and a corporate surety authorized to operate a surety business in
the State of Washington, in such sum as may be set and approved by the City, in the amount of
$25,000, as sufficient to ensure performance of Grantee’s obligations under this franchise. The
bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this franchise, and to repair or replace any
defective work or materials discovered in the City’s road, streets, or property. Said bond shall
remain in effect for the life of this franchise. In the event Grantee proposes to construct a project
for which the above-mentioned bond would not ensure performance of Grantee’s obligations under
this franchise, the City is entitled at its sole discretion to require such larger bond as may be
appropriate under the circumstances.
Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or
modify the terms and conditions of this franchiseupon written agreement of both parties to such
alteration, amendment or modification.
Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any
of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or
comply with any notice given Grantee by the City under the provisions of this franchise, and an
adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee,
then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this
franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to
Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal
rights and remedies, to obtain an order from the Spokane County Superior Court compelling
Ordinance 24-002 Zayo Telecommunications Franchise Page 13 of 17
DRAFT
Grantee to comply with the provisions of this franchise and to recover damages and costs incurred
by the City by reason of Grantee’s failure to comply.
Section 32. Assignment. This franchise may not be assigned or transferred without the written
approval of the City, except that Grantee can assign this franchise without approval of, but upon
notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all
or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise.
Section 33. Acceptance.Not later than 60 days after passage of this Ordinance, the Grantee
must accept the franchise herein by filing with the City Clerk an unconditional written acceptance
thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed
a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the
expiration of the 60-day period, absolutely cease, unless the time period is extended by ordinance
duly passed for that purpose.
Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 8,
13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all
other obligations and liabilities Grantee may have to the City at common law, by statute, by
ordinance, or by contract, and shall survive termination of this franchise, and any renewals or
extensions hereof. All of the provisions, conditions, regulations and requirements contained in
this franchise shall further be binding upon the heirs, successors, executors, administrators, legal
representatives and assigns of Grantee and City and all privileges, as well as all obligations and
liabilities of Grantee shall inure to their respectiveheirs, successors and assigns equally as if they
were specifically mentioned herein.
Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held
to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant
of the franchise and may amend, repeal, add, replace or modify any other provision of the
franchise, or may terminate the franchise.
Section 36. Renewal.Application for extension or renewal of the term of this franchise shall
be made no later than 180 days of the expiration thereof. In the event the time period granted by
this franchise expires without being renewed by the City, the terms and conditions hereof shall
continue in effect until this franchise is either renewed or terminated by the City.
Section 37. Notice. Any notice or information required or permitted to be given by or to the
parties under this franchise may be sent to the following addresses unless otherwise specified, in
writing:
The City: City of Spokane Valley
Attn: City Clerk
10210 East Sprague Ave.
Spokane Valley, WA 99206
Grantee: Zayo Group, LLC
Ordinance 24-002 Zayo Telecommunications Franchise Page 14 of 17
DRAFT
Attn: Legal Department
1401 Wynkoop St., Suite 500
Denver, CO 80202
Phone: (303) 854-5271
Facsimile: (303) 604-6869
Section 38. Choice of Law. Any litigation between the City and Grantee arising under or
regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court,
and if in the federal courts, in the United States District Court for the Eastern District of
Washington.
Section 39. Non-Waiver.The City shall be vested with the power and authority to reasonably
regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee
shall not be relieved of its obligations to comply with any of the provisions of this franchise by
reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit
any of its rights under this franchise by reason of such failure or neglect.
Section 40. Entire Agreement.This franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of
Grantee to occupy the City roads as herein described.
Section 41. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of
Spokane Valley as provided by law.
PASSED by the City Council this ______day of_________, 2024.
Pam Haley, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Accepted by Zayo Group, LLC:
By:
Ordinance 24-002 Zayo Telecommunications Franchise Page 15 of 17
DRAFT
The Grantee, Zayo Group, LLC, for itself, and for its successors and assigns, does accept
all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, has signed this
day of , 2024. Subscribed and sworn before me this day of
, 2024.
Notary Public in and for the State of
residing in
My commission expires
Ordinance 24-002 Zayo Telecommunications Franchise Page 16 of 17
DRAFT
Ordinance 24-002 Zayo Telecommunications Franchise Page 17 of 17
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 9, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Public Records Act and Open Public Meetings Act training.
GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA).
PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year.
BACKGROUND: Staff will provide training on the City’s obligations pursuant to chapter 42.56
RCW (the Public Records Act), and chapter 42.30 RCW (the Open Public Meetings Act).
OPTIONS: N/A.
RECOMMENDED ACTION OR MOTION: N/A.
BUDGET/FINANCIAL IMPACTS: N/A.
STAFF CONTACT: Kelly Konkright, City Attorney
ATTACHMENTS: PowerPoint presentation.
DRAFT
ADVANCE AGENDA
as of January 4, 2024; 11:00 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
January 16, 2024 No Meeting Council in Olympia
January 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue Jan 16\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Ordinance 24- XXX First Reading Zayo Franchise Tony Beattie (5 minutes)
3. Motion Consideration potential grant opportunity: City Safety Program A. Jackson, Dan Baker (5 minutes)
4. Motion Consideration potential grant opportunity: RAISE Program Adam Jackson, Dan Baker (5 minutes)
5. Economic Forecast Chelsie Taylor, Grant Forsyth (30 minutes)
6. Admin Report: City Brand Update Jill Smith (5 minutes)
7. Admin Report: RCO Grant Update, Flora Park John Bottelli (5 minutes)
8. Admin Report: RCO Grant Opportunity, Balfour Park - John Bottelli (5 minutes)
9. Advance Agenda Mayor Haley (5 minutes)
10. Info Only: Department Monthly Reports; Fire Dept Monthly Report
\[*estimated meeting: 70 mins\]
January 30, 2024 Study Session, 6:00p.m. \[due Tue Jan 23\]
1. Resolution: City Brand Update Jill Smith (5 minutes)
2. Admin Report: Arts Council Contract Virginia Clough (5 minutes)
3. Admin Report: Pines Rd GSP Update Erica Amsden (5 minutes)
4. Admin Report: Police Staffing Update Erik Lamb (30 minutes)
5. Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 50 mins\]
February 6, 2024 Study Session, 6:00 p.m. \[due Tue Jan 30\]
1. Admin Report: 2024 Capital Improvement Projects Erica Amsden & Robert Lochmiller (5 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
February 13, 2024 Winter Workshop, 8:30 a.m. -2:30 p.m \[due Tue Feb 6\]
1. Advance Agenda Mayor Haley (5 minutes)
February 20, 2024 Study Session, 6:00p.m. \[due Tue Feb 13\]
1. Advance Agenda Mayor Haley (5 minutes)
February 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue Feb 20\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports; Fire Dept Monthly Report
March 5, 2024 Study Session, 6:00 p.m. \[due Tue Feb 27\]
1. Advance Agenda Mayor Haley (5 minutes)
March 12, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 5\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
March 19, 2024 Study Session, 6:00 p.m. \[due Tue March 12\]
1. Advance Agenda Mayor Haley (5 minutes)
March 26, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 19\]
Draft Advance Agenda 1/5/2024 1:53:26 PM Page 1 of 2
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports; Fire Dept Monthly Report
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
9-1-1 calls (delays, holding, etc.)
Appleway Trail Amenities
Ethics Code
Gang Task Force Update
Mirabeau Park Forestry Mgmt.
ORV usage on streets
Park Camera Update
Park Lighting
PFD Presentation
Public Safety Comparison
Protection of Utility Infrastructures
SCRAPS
Street Scaping, signs, trees, etc.(info)
Vehicle Wgt Infrastructure Impact
Yellowstone Franchise Agreement
Zayo Franchise Ordinance
Draft Advance Agenda 1/5/2024 1:53:26 PM Page 2 of 2
upheld
Decision
Decision of SCRAPS
Description
Page 1 of 1
Other Jurisdictions
Appeal by Kathryn Sieck of Dangerous Dog Determination.
Valley
Spokane
Jurisdiction
2022-0524
File Number
1/18/2023
Hearing Date