11-155.00 Bonneville Power AdministrationCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 11 -018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO THE UNITED
STATES OF AMERICA, ACTING BY AND THROUGH THE UNITED STATES
DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION FOR A
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE
ELECTRICAL TRANSMISSION FACILITIES UPON, OVER, UNDER, ALONG,
ACROSS, AND THROUGH CERTAIN CITY ROADS AND PUBLIC HIGHWAYS, OR
PARTS THEREOF.
WHEREAS, the UNITED STATES OF AMERICA, acting by and through the United States
Department of Energy, Bonneville Power Administration, has applied for a nonexclusive franchise, for a
term of 25 years, to install, locate, construct, maintain, repair, reconstruct, upgrade, operate, use, patrol,
and, if necessary, remove electrical transmission facilities consisting of lines of poles or structures and
appurtenances thereto, supporting conductors of one or more electric circuits of any voltage and any
communication lines or equipment and appurtenances thereto, in, on, under, upon, over, along, across and
through the City roads, highways, streets, alleys, and bridges described in said application by reference to
the sections, townships, and ranges in which said roads, highways, streets, alleys, and bridges are
physically located within the City of Spokane Valley, State of Washington, including any additional areas
annexed by the City of Spokane Valley during the time this franchise is valid, and except the areas
covered by those easements acquired by Grantee prior to City of Spokane Valley ownership; and
WHEREAS, RCW 80.32.010 authorizes cities to "grant authority for the construction,
maintenance and operation of transmission lines for transmitting electric power, together with poles,
wires and other appurtenances, upon, over, along and across any such public street or road.... and to
prescribe the terms and conditions on which the transmission line and its appurtenances, shall be
constructed, maintained and operated upon, over, along and across the road or street, and the grade or
elevation at which the same shall be constructed, maintained and operated;" and
WHEREAS, RCW 35A.47,040 authorizes code cities to grant franchises for use of public rights -
of -way; and
WHEREAS, it is in the public interest to grant a franchise to the United States of America, acting
by and through the U.S. Department of Energy, Bonneville Power Administration.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Grant of Franchise. The City of Spokane Valley hereby grants to the United
States of America, acting by and through the U,S. Department of Energy, Bonneville Power
Administration ( "Grantee "), subject to all provisions, conditions, covenants and requirements of this
agreement, the right, privilege and nonexclusive franchise ( "Franchise "), to install, locate, construct,
maintain, repair, reconstruct, upgrade, operate, use, patrol, and, if necessary, remove electrical
transmission facilities along with lines of poles or structures and appurtenances thereto, supporting
conductors of one or more electric circuits of any voltage and any communication lines or equipment and
appurtenances thereto ( "Transmission System "), in, on, under, upon, over, along, across or through the
roads, highways, streets, alleys, bridges, rights -of -way, which lie within those legal subdivisions within
the City of Spokane Valley ( "City "), Washington, including any additional areas annexed by the City
Ordinance 11 -018, Franchise Agreement Bonneville Power Page I of 5