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HomeMy WebLinkAbout2026, 01-06 Formal B Meeting Packet AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, January 6, 2026 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 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. Citizens must register by 4 p.m. the day of the meeting to provide comment by Zoom. Please use the links below to register to provide verbal or written comment. Sign up to Provide Verbal Public Comment at the Meeting via Calling-In Submit Written Public Comment Prior to the Meeting Join the Zoom WEB Meeting ------------------------------------------------------------------------------------------------------------------------------- CALL TO ORDER In the absence of a mayor, the meeting will be called to order by City Clerk Patterson. INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA SPECIAL GUESTS/PRESENTATIONS: 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 unre 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. ACTION ITEMS: 1. Council Officer Selections for Mayor and Deputy Mayor City Clerk Patterson \[NO public comment opportunity\] NON-ACTION ITEMS: 2. Admin Item: Ordinance 26-001 - Franchise Forged Fiber 37, LLC Tony Beattie Council Agenda January 6, 2026 Page 1 of 2 INFORMATION ONLY(will not be reported or discussed): GENERAL PUBLIC COMMENT OPPORTUNITY:General public comment rules apply. COUNCILCOMMENTS CITY MANAGER COMMENTS EXECUTIVE SESSION ADJOURNMENT Scan to access the meeting materials Council AgendaJanuary 6, 2026 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 6, 2026 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Council Officer Selections GOVERNING LEGISLATION: RCW 35A.13.030; City of Spokane Valley Governance Manual, Chapter 2, Legislative Process Election of Council Officers The Governance Manual describes the procedures for electing officers: Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. Following the selection of the Mayor, there shall be a selection for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030). 1. The election for Mayor shall be conducted by the City Clerk. a. The City Clerk calls for nominations. Each member of Council shall be permitted to nominate not more than one (1) person; no member of Council is obligated to nominate a candidate; Councilmembers may nominate themselves; Nominations do not require a second; A nominee who wishes to decline the nomination shall so state at that time. b. Nominations are then closed. Once closed, nominations will not be re-opened. 2. Except when there is only one nominee, election is by written ballot. a. Each ballot shall contain the name of the Councilmember who cast it. b. Election is determined by majority vote of members present. c. If the first round of votes results in no majority vote of members present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. d. If after three attempts, Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Mayor, or if such person is not a member of the Council, the Councilmember that just previously served as Deputy Mayor. If both of those Councilmembers are no longer part of council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as described in RCW 35A.13 until the members of the Council agree on a Mayor and Deputy Mayor, presumably at the next scheduled council meeting, at which time the role of Acting Mayor shall cease and terminate. 3. The City Clerk publicly announces the results of the selection, and records the individual councilmember votes in the meeting minutes. The selection for Deputy Mayor shall be conducted by the Mayor-elect, and nominations shall be made in the manner previously described for the election of the Mayor; or if the Mayor-elect prefers, the selection for Deputy Mayor will be conducted by the City Clerk. RECOMMENDED ACTION OR MOTION: Conduct selection of Mayor and Deputy Mayor STAFF CONTACT: Marci Patterson, City Clerk CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 6, 2026 Department Director Approval: Check all that apply: consentold businessnew businesspublic hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Administrative Report: Franchise Ordinance 26-001 Forged Fiber 37, LLC GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: N/A. 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. State law prohibits cities from charging general franchise fees on telecommunication service provider companies. AT&T Inc. (“AT&T”) recently acquired fiber assets from Lumen Technologies, Inc. (“Lumen”). Some of the assets and associated facilities are located within the City’s rights-of-way. Forged Fiber 37, LLC (“Forged Fiber”) is a subsidiary of AT&T, and will receive some of the assets acquired from Lumen. The City may see an expansion of the Forged Fiber network in the coming years. AT&T has reviewed and has agreed to the draft franchise terms. If approved, the franchise will be in effect for ten years, which is consistent with the City’s other telecommunication franchises. OPTIONS: (1) Consensus to place Ordinance 26-001 on a future agenda for an ordinance first reading; or (2) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 26-001 on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney. ___________________________________________________________________________ ATTACHMENTS: Draft Franchise Ordinance No. 26-001 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 26-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO FORGED FIBER 37, 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, do ordain 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 26-001, Forged Fiber 37, LLC Franchise 1 of 16 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 substance” shall have the same meaning as RCW 70A.305.020(13). “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. “permittee” shall mean a person 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. “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 Ordinance 26-001, Forged Fiber 37, LLC Franchise 2 of 16 DRAFT 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. “telecommunications services” means any telecommunication service pursuant to RCW 35.99.010(7), excluding cable television service pursuant to RCW 35.99.010(1) and further excluding personal wireless services pursuant to RCW 35.99.010(4). For clarity and the avoidance of doubt, telecommunications services include broadband internet access service. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the “City”), hereby grants unto Forged Fiber 37, LLC, a Delaware limited liability company (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, also known as a franchise fee, is imposed for entering into this franchise. Any such feethat may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. Consistent with 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 municipal, non-commercial purposes. 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 Ordinance 26-001, Forged Fiber 37, LLC Franchise 3 of 16 DRAFT 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 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, conduits or 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 CityCodes and regulations shall 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 Granteeofany duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Granteeis 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 Granteeshall afford the City an opportunity to permit other franchisees and utilities Ordinance 26-001, Forged Fiber 37, LLC Franchise 4 of 16 DRAFT 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 compliance with the City Code including obtaining all necessary permits. 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 Granteeto move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities.Upon Grantee’sacquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the Ordinance 26-001, Forged Fiber 37, LLC Franchise 5 of 16 DRAFT 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 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. Except to the extent caused by or arising from the negligent, willful, or malicious acts or omissions of the City, its officers, agents, employees, or contractors, when acting within their scope of agency or contract, 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, except to the extent caused by or arising from the negligent, willful, or malicious acts or omissions of the City, its officers, agents, employees, or contractors,when acting within their scope of agency orcontract, 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 Granteefully to comply with any suchlaws, rules, recommendations, or regulations, whether or not Grantee’sacts or activities were intentional or unintentional. Except to the extent caused by or arising from the negligent, willful, or maliciousactsor omissions of the City, its officers, agents, employees, or contractors, when acting within their scope of agency or contract, 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 Ordinance 26-001, Forged Fiber 37, LLC Franchise 6 of 16 DRAFT or agency to clean and/or remove any pollution caused 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 specification, Grantee shall complete relocation 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, Grantee shall 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, costs, injuries, damages, losses or suits including attorneys’ fees to the extent arising Ordinance 26-001, Forged Fiber 37, LLC Franchise 7 of 16 DRAFT out of or in connection with such delays, except for delays and damages caused by or arising from the negligent, willful, or malicious actsor omissions of the City, its officers, agents, employees, or contractors, when acting within the scope of their agency or contract. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee’s Telecommunications Facilities. A. Underground facilities: 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 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 City by 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 Granteeshowing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. Ordinance 26-001, Forged Fiber 37, LLC Franchise 8 of 16 DRAFT 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 franchisearea. D. In addition to the requirements of subsection Aof 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 Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure 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 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 Ordinance 26-001, Forged Fiber 37, LLC Franchise 9 of 16 DRAFT 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 Spokane Valley Municipal Code and this franchise, the Spokane Valley Municipal 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. 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’sexercise of the rights granted herein; 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. Ordinance 26-001, Forged Fiber 37, LLC Franchise 10 of 16 DRAFT 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, the reasonable costs of the City, and reasonable attorneys’ fees of recovering under this subsection. E. Grantee’s duty to defend, indemnify and hold harmless City against liability for injuries or damages caused by or arising from the concurrent negligent, willful, or malicious acts or omissions of (a) City or City’s officers, agents, employees, or contractors, when acting within the scope of their agency or contract, and (b) Grantee or Grantee’s agents, employees, or contractors, when acting within the scope of their agency or contract, shall apply only to the extent of the negligent, willful, or malicious acts or omissions of Grantee or Grantee’sagents, employees, or contractors, when acting within the scope of their agency or contract. 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 grossly negligent, willful, or malicious acts or omissions on the part of the City, its officers, agents, employees, or contractors, when acting within the scope of their agency or contract. Grantee releases and waives any and all such claims against the City, its officers, agents, employees, or contractors except to the extent the claims are caused by or arise from the grossly negligent, willful or malicious acts or omissions of City, its officer, agents, employees, or contractors, when acting within the scope of Ordinance 26-001, Forged Fiber 37, LLC Franchise 11 of 16 DRAFT their agency or contract. Grantee further agr ees 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’sfacilities 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 grossly negligent, willful or malicious acts or omissions on the part of the City, its officers, agents, employees,or contractors, when acting within the scope of their agency or contract. 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 third-party 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 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 included as an additional 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 endorsement acceptable 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. 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. Ordinance 26-001, Forged Fiber 37, LLC Franchise 12 of 16 DRAFT 2. The Grantee’s insurance coverage shall not be cancelled without being immediately replaced by a substantially similar policy that meets the requirements of this franchise, except after 30 days prior written notice has been given to the City by Grantee. 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, which (a) evidence Grantee has the insurance required herein and (b) expressly identify the City as an additional insured protected by said insurance. 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 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 (but in no event less than 30 days) 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 advance notice (but in no event less than 30 days) 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 Granteeto comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee’sfailure to comply. Section 32.Assignment.This franchise may not be assigned or transferred without the written Ordinance 26-001, Forged Fiber 37, LLC Franchise 13 of 16 DRAFT 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 its respective heirs, 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 Ordinanceare held to be invalid by a court of competent jurisdiction, the parties shall, in good faith, attempt to revise the clause to reflect the intent of the parties as closely as possible. 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 10210EastSprague Avenue Spokane Valley, WA 99206 Grantee: Forged Fiber 37, LLC c/o AT&T Attn.: Legal Dept – Network Operations Re: Spokane Valley Franchise (WA) 208 S. Akard Street Ordinance 26-001, Forged Fiber 37, LLC Franchise 14 of 16 DRAFT Dallas, TX 75202-4206 With a Grantee e-mail copy to: FF_Right_Of_Way@att.com 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 ______, 2026. ________________________________________ ______________, Mayor ATTEST: Marci Patterson, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 26-001, Forged Fiber 37, LLC Franchise 15 of 16 DRAFT Accepted by Forged Fiber 37, LLC, a Delaware limited liability company: By: Its: The Grantee,Forged Fiber 37, LLC, a Delaware limited liability company,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 , 2026. Subscribed and sworn before me this day of , 2026. Notary Public in and for the State of residing in My commission expires Ordinance 26-001, Forged Fiber 37, LLC Franchise 16 of 16