Ordinance Summary 11-020 SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of:
SUMMARY OF ORDINANCE ) No.
NO. 11-020
City of Spokane Valley )
) AFFIDAVIT OF PUBLISHING
) NOTICE
)
STATE OF WASHINGTON )
)ss.
County of Spokane )
MICHAEL HUFFMAN ,being first duly sworn on oath deposes and says that he is the EDITOR,of The Spokane
Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more than six months
prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly newspaper in
Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court of the
State of Washington in and for Spokane County. That the following is a true copy of. •ublic notice as it was published in regular
issues commencing on the 16th day of December, 2011 and ending the 16th lay of ►.oe�ier 2011�ll:dates inclusive,and that
such newspaper was regularly distributed to its subscribers during all of said per':. -'/
• ///// "
CITY OF SPOKANE VALLEY K
SPOKANE COUNTY,WASHINGTON
SUMMARY Of ORDINANCE NO.11-020 -SUBS RIBED(and SWORN to before me
The following is the title and summary of Or-
dinance No. 11-020 passed by the Spokane this 16th day of December, 2011.
Valley City Council on the 13th day of Decem-
ber,2011:
AN ORDINANCE OF THE CITY OF SPOKANE State of Washington
VALLEY,SPOKANE COUNTY,GRANTING A NON-EXCLUSIVE AFRANCHIO FRANCHISE S' .„,t'+E. /// /f
County of Spokane
TO ELECTRIC LIGHTWAVE,LLC TO CON--G RAE kip,
STRUCT,maintain and operate telecommunica- &T,,.. •.•.•� •Y� �, I certify that I know or have satisfactory evidence that
tions facilities within the public rightS-of-way of► •.••■AON E••• �/ Y Y
the City OF SPOKANE VALLEY,AND OTHER f ASS kA�•� :1 i Michael Huffman is the person who appeared before
MATTERS RELATING THERETO. �' 9�• i me and said person acknowledged that he signed
Section 1 contains definitions relevant to the c);• ..
ordinance.Section 2 grants the franchise for a D this instrume t and acknowledged it to be his free
period Otten years.seoaon3atstesthetnofee NpTARY t v.nd voluntary act for the uses and purposes men-
is imposed for the term of this franchise. Sec-
tion 4 states the Franchisee agrees to reserve BUC J Z ;boned in t e instrume
the right to access fibers to the City for sole and a+ : O
exclusive municipal use and that the City agrees y with aB : X ..
it will not use the City Reserved Fibers as a public nations
utility provider of telecommunications business omrrs,; 5.16-�b••• �v C --C——-—-----
service to the public.Section 4 also explaiirsthat”follow •••••••
the City has the right to access by connection. re that .� �S Jolene Ra entz
Section 5 concern§recovery of coats and states ad or F �� �� Title: Nary ublic
of one epublication iof thisfranchhise for in alooccal i I i I I i� ��` My app ' t ant expires: 5-16-15 d
newspaper. Section 6,Non-Exclusivity,'states - Y pp p
that this franchise is granted upon the express G�til.G -
condition that it shall not ptevent the City from rk:
granting other or further franchises or permits in 'ht
any rights-of-way. Section 7,Non-Interference ,d
with Existing Facilities,explains that the City s
shall have prior and superior right to the use of its I
rght9-of-way and public properties for installation
and maintenance of its facilities;and that the city
retains toll power to make alichamps Bathe City
deems appropriate.Section 7 hitter explains 8
- _ ' ,.. •, , c.•i, .Sedan S
CITY OF SPOKANE VALLEY` '
SPOKANE COUNTY,WASHINGTON`.
SUMMARY OF ORDINANCE NO.11-020 ,
The foll'owmg is the title arid summary of Cr;
dinance No.11-020 passed by the Spokane
Valley City Council on the 13th day of Decem-
tier 2011;
AN ORDINANCE OF.THE CITY OF SPOKANE
VALLEY,SPOKANECOUNTY,WASHINGTON,.
GRANTING A.NON-EXCLUSIVE FRANCHISE
TO ELECTRIC.LIGFiTWAVE,"LLC TO CON,
STRUGT;maintain nd operate telecommunica-
tions.facilities within the public'rightS-of-way of,I
the City OF SPOKANE VALLEY AND OTHER'
MATTERS RELATING THERETO. f
Sectlor 1 contairte'dehmtions relevant to the t
ordinance Section'2 grants the franchise for a
period of ten years.Section 3 states that no fee
is Imposed for the teint of this franchise. Sea=
tion;4_states the Franchisee,agrees td reserve
the right to access fibers to the,City for sold and
exclusive municipal use and that the City,agrees i
it will not use the City Reserved Fibers as a public
utility provider of telecommunications business r
service to the public:Section 4 also explains that
the Cttyhas the right to access by connection:
Section 5 concern;recovey of costs and states
that the Grantee will,reimburse City for all'costs
of one publication of this franchise In a local
newspaper Section 6 Non;Exclusivity,stated
that this franchise is granted upon the express
condition that it Shill not ptelrent the City from
granting other or further franchises or permits in
ansr,rights-Of-Way. Section 7,Non-Interference
with Existing Facilities',explains that the City
shall have Oiler and superior right to the use of its
rights-of-way and public properties for installation
and maintenance of its facilities;and that the City
I retains full power to make ail changes as the City
deems appropriate Section 7 further explains the
non-interference with existing facilities Section 8
discusses the construction standards Section 9
stelae-that.
tates that the Grantee will comply with all laws
relating to protection of monuments.Section
10 states that Grantee will have the authority
to conduct pruning and trimming for access to
Grantee s tacllltiesr'Section 11i Emergency Re-
sponse;states that Granteewill within 30 days of.
executfop o iO f chile desQ-note one or more
P9 *,.941 ..6%.4r6lP� otnei&eVtloh
12 states f at
rantee rs7esponslble forbecom
mg tatniliaf wr i tha provisions;of Washington's
One Call statutes;Section 13 addresses safety
codes dealing with installation operation and
maintenance of facilities Section 14,Movement
of Grantees Telecommunications,Facilities for
others addresses obtaining permission from the
I City for any third`partytouseanynghts.of-way for
the purpose of moving a structure:Section 15 ad
dre's`ses the procedure to use if Grantee acquires
new facilitips Section 16stafes that the City,has
the authority to abate any'dangerous condition.
Secti8W 17 discusses hazardous substances
Section 18 states that Grantee will comply.',with all
environmental protections laws and regulations.
Sectiofi 19 addresses relocation of telecbmmu-
nlcetions facilities and of the procedure to follow
if relocation Isriecessary.Section 20'states that
no telecommunications facilities constructed or
owned by Grantee may be abandoned'without
the written coh'seht of City Section'21 explains
that Graryted,willpprowdeCity aroute map depict-.
ing the general location of Grantees facilities.
Section 22 states the limitation on future work;
Section 23 states that the City re`serves the right
to refuse any;request for a permit to extend
telecommunications facilities.Section 25 explains
that nothing in this ordinance shall be deemed
to restrict the ON's ability to°adopt and enforce
ordinance regulations for the performance of the
conditions of this franchise;Section 26 addresses
street i,ahatión;while Section 27 addresses in-
demnification.Section 28 sets out the insurance
regfiirements.for Grantee;Section 29 concerns
performance bond relating to construction'activ-
ity',Section 30 discusses modification;Section 31'
discu"sses'fortelture and ie ibeation;Section 33
states that not later than 6Q days after passage
of this ordinance'the,Grantee must accept the
franchise and.ofthe procedure to do so;Section
34 addresses the franchise as binding:Section
35"addressesseverabildy;'Section 36 permits
an extension or renewal,to be made'no later
than`180 days from the expiration of the docu,"
rent Section 37 provides contact inforrriation'
fdi any'notice o"r information required: Section
38 sets out theVenue fey any litigation between".
the`Cit`y`and the.Granteet Section 39 contains
a non-waiver'claude Sectlon 40 states that the
franchise constitutes the entire agreement,and
Section 41 provides an effective date
The full text of Ordlnance"11-020 is available at
the City of Spokane Valley,City offices as Identi-
fied above.A copy'will be mailed upon request
to the City Clerk
Chiistme Bainbridge:":
12/16
c.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
SUMMARY OF ORDINANCE NO. 11-020
The following is the title and summary of Ordinance No. 11-020 passed by the Spokane Valley City
Council on the 13th day of December, 2011:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO ELECTRIC LIGHTWAVE, 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.
Section 1 contains definitions relevant to the ordinance. Section 2 grants the franchise for a period of ten
years. Section 3 states that no fee is imposed for the term of this franchise. Section 4 states the Franchisee
agrees to reserve the right to access fibers to the City for sole and exclusive municipal use and that the
City agrees it will not use the City Reserved Fibers as a public utility provider of telecommunications
business service to the public. Section 4 also explains that the City has the right to access by connection.
Section 5 concerns recovery of costs and states that the Grantee will reimburse City for all costs of one
publication of this franchise in a local newspaper. Section 6,Non-Exclusivity, states that this franchise is
granted upon the express condition that it shall not prevent the City from granting other or further
franchises or permits in any rights-of-way. Section 7,Non-Interference with Existing Facilities, explains
that 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 that the City retains full power to make all changes as
the City deems appropriate. Section 7 further explains the non-interference with existing facilities.
Section 8 discusses the construction standards. Section 9 states that the Grantee will comply with all laws
relating to protection of monuments. Section 10 states that Grantee will have the authority to conduct
pruning and trimming for access to Grantee's facilities. Section 11, Emergency Response, states that
Grantee will within 30 days of execution of this franchise, designate one or more people as emergency,
on-call personnel. Section 12 states that Grantee is responsible for becoming familiar with the provisions
of Washington's One-Call statutes. Section 13 addresses safety codes dealing with installation, operation
and maintenance of facilities. Section 14, Movement of Grantee's Telecommunications Facilities for
others, addresses obtaining permission from the City for any third party to use any rights-of-way for the
purpose of moving a structure. Section 15 addresses the procedure to use if Grantee acquires new
facilities. Section 16 states that the City has the authority to abate any dangerous condition. Section 17
discusses hazardous substances. Section 18 states that Grantee will comply with all environmental
protections laws and regulations. Section 19 addresses relocation of telecommunications facilities and of
the procedure to follow if relocation is necessary. Section 20 states that no telecommunications facilities
constructed or owned by Grantee may be abandoned without the written consent of City. Section 21
explains that Grantee will provide City a route map depicting the general location of Grantee's facilities.
Section 22 states the limitation on future work; Section 23 states that the City reserves the right to refuse
any request for a permit to extend telecommunications facilities. Section 25 explains that nothing in this
ordinance shall be deemed to restrict the City's ability to adopt and enforce ordinance regulations for the
performance of the conditions of this franchise; Section 26 addresses street vacation; while Section 27
addresses indemnification. Section 28 sets out the insurance requirements for Grantee; Section 29
concerns performance bond relating to construction activity; Section 30 discusses modification; Section
31 discusses forfeiture and revocation; Section 33 states that not later than 60 days after passage of this
ordinance, the Grantee must accept the franchise and of the procedure to do so; Section 34 addresses the
franchise as binding. Section 35 addresses severability; Section 36 permits an extension or renewal to be
made no later than 180 days from the expiration of the document. Section 37 provides contact information
for any notice or information required. Section 38 sets out the venue for any litigation between the City
and the Grantee; Section 39 contains a non-waiver clause; Section 40 states that the franchise constitutes
the entire agreement, and Section 41 provides an effective date.
The full text of Ordinance 11-020 is available at the City of Spokane Valley City offices as identified
above. A copy will be mailed upon request to the City Clerk.
Christine Bainbridge
Publish: December 16,2011
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance 11-020,
that the summary provides adequate notice to the public of the contents of this ordinance, and that the
original ordinance is on file with the City Clerk.
1161114L1/
pristine Bainbridge, City Clerk y
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of:
SUMMARY OF DRAFT ORDINANCE ) No.
NO. 11-020
City of Spokane Valley )
) AFFIDAVIT OF PUBLISHING
) NOTICE
STATE OF WASHINGTON )
)ss.
County of Spokane )
MICHAEL HUFFMAN ,being first duly sworn on oath deposes and says that he is the EDITOR,of The Spokane
Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more than six months
prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly newspaper in
Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court of the
State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular
issues commencing on the 2nd day of December,2011 and ending the 2nd day of December 2011,all dates inclusive„.,,d that such_.
newspaper was regularly distributed to its subscribers during all of said period
CITY OF SPOKANE VALLEY
- SPOKANE COUNTY,WASHINGTON " SUBSC1sf-TEI D and S O •i to before me
SUMMARY OF DRAFT ORDINANCE NO.
- „le a id of this 2nd day of Decem.er,2011.
The following is'the title sl summary `Draft y
Ordinance No.,,-0 0 granting a non-exclusive
franchisetorElectric ightwavve il_C ' i'I l i State of Washington
AN ORDINANCE OF THE'CITY OF ECOUNTY,WASSNGTON, t%``+, AE �/"i`i County of Spokane
• GRANTING A'''NONEXCLUSIVEFRANCHISE ,'G iv"iii
TO ELECTRIC LIGHTWAtIE`LLC TO'CON- No ••2:,.••••• k%+1,,
STRUCT MAINTAIN AND OPERATE TELE- ••• 1.M E •• - I certify that I know or have satisfactory evidence that
COMMUNICATIONS
RIGHTS-OF-WAY S FACT TI :THE CITY OF r e,&:0 xpi'�04 ' ichael Huffman is the person who appeared before
SPOKANE VALLEY,AND OTHER MATTERS •Q Tine, and said person acknowledged that he signed
RELATING THERETO t ' ` •V oT his instrument and acknowledged it to be his free
section't contains definitions relevant to the N •
ordinance.Section 2 grants the franchise for BuC S Z *and voluntary act for the uses and purposes men-
a period of ten years,foi Grantee to Install, • �•
construct,operate,maintain,replace and use • 0 toned in the instrument:
all necessary equipment and facilities to place A•• •,• `
telecommunications facilities In, under,`on,iy •�, • C-
across,over,through,along or below the public I��b,,a�N�,�• `� `� �\ C' __, Q
rights-0-way and ubkc laces located in the C' `% 1
of Spokane Valle Section 3 states that no fee is( s
imposed for the tens of this franchise.Section 4�� �F �^ ��� Jolene Rae'GVen 5~
states the Franchisee agrees to reserve the right �'I 1 i%ii I10_` Title: Notary Public
to access fibers to the City for sole and exclusive
municipal use and that the City agrees It will not My app Jntment expires: 5-16-15
use the City Reserved Fibers as a public utility
provider of telecommunications business service
to the public;Section 4 also explains that,the II i 1 �(j
City has the right to access by connection to "�
the City Reserved Fibers,and further explains
the use of those City Reserved Fibers,including ,t q
that the City shall pay all coats associated with CA.L.RAL-1
constructing any connection to those fibers.
Section 5 concerns recovery,of costs and states
that the Grantee will reimburse City for all costs
:CITY OF; NE VALLEY' ,�- % y—
SPOKANE C(, ;WASHINGTON'`°` Ty,.
S Ir MWA�f: 11. 2O f)�NANCE NO. SUBSC1iLDED Ind S to before me
The foppwing is"the"btlerand summary of'Draft this 2nd day of Decem. er, 2011.
Ordirrsace,No,t1-p20 ranting a non-exclusive
frenchrae to Electric ghtwave LLC h''
VALLEY,IS OKANE'COyN1Y WASHINGTON,: ��t�� 1 i///` State of Washington
' GRANTING A"NON;EXCLUrSIVFr FRANCHISE,,` RAE yj �� County of Spokane
TO ELECTRIC LIGHTWAVE;(LLCIO'CON- ,�V ..•.. �i
COMMUNICATIONS'FACIDLITOIES WITHIN THE``.•\SS�oN�,,,'•p%,�y�% I certify that I know or have satisfactory evidence that
PUBLIC;RIGHTS-OF WAY OF THE CITY'OF r e�� ��.•t�.1!Michael Huffman is the person who appeared before
SPOKANEtVALLEY;AND OTHER MATTERs?sea- NOTARY •
ner and said person acknowledged that he signed
RELATING THERETO.'-''
Section t corttams defm(twns relevant to the ` N ; his instrument and acknowledged it to be his free
ordinance Section 2'graphs,the franchise"for is •
a period of ten years for Grantee to install, • PUBLIC .2 rand voluntary act for the uses and purposes men-
construct;operate`maintain replace and use Q oned in the instrument:
all necessary equipmentFand facilities to place k . / `
teiecorr mumcabons facdltieain under,on;ge across,over through along or below the public •••.• Lis-`6•�.•��+ �� C� _,
rights-of-way and publtc,places located in the City ••... b.. �� (,��_ �`
of Spokane Valley.Sectk n 3stutes that no fee is( s �` ��
Imposed;torthetern of this franchise Section 4//t O� W^� `�� Jolene R -Went
states the Franchisee agrees to reserve The light .I ��
to access fibers tothe'Cityforsoleandexclusive 1 1 Title: otary Public
municipal use and that the City agrees It will not My app
use the City Raseryed Fibers awe public utility tmerit expires: 5 16-15
provider of telecommunications business service
to the public;Section 4 also explains that the
City has the right to access by connection to -4 )-I-i °S
the City'Reserved Fibersand further'explains
the use of those City Resenied'Fbers,'mcluding
'that the;City shall'PAY'all coats'associated with. �p ''
constructing any cognection'ao''those''flbers: l.C.'PLC_/
Section 5 concerns recovery;ox costs and states
that the Grantee will reimburse City for all costs
of one publication'of this franchise;in a local
newspaper.` Section 6,Non-Exclusivity,'states
that this franchise is'"granted upon the express
condition that it shall not prevent the City from
granting other or further franchises or permits In
any rights-of-way. Section 7,Non-Interference
with Existing Facilities,explains'that the City
shall have prior and superior;right to the use of
its rightsof-way and public properties for installa-
tion and maintenance of Its facilities;and'that the
City retains full power to make all changesas the
City deems'appropriate. It also states that any
removal or replacement shall be at the expense
of the Grantee unless otherwise,provided in
RCW 35.99.060.Section 7 further explains the
non-interference with existing acilities and that
thepdel gnipgandIituOaha'ilprete'feh •aa4o
dOatipn of thgaetrglitlea;and
that Gisntee s facilities'Will be constructed and
maintained so as not to'intertere'with'any public
use or any other pipes,wires,conduits or other
facilities. Section 8:discusses the construction
standards;including applicable federal and state
regulations;laws andpractices;and Section 9
states that the Grantee will comply with all laws
relating to protection',of monuments.Section
10 states that Grantee Will authority
to conduct pruning"and trimming for access to
Grantee's facilities.'Section 11,Emergency,:Re-
sponse states that Grantee will within 30 days of
execution of this franchise,designate.one or more
people'as emergency,on-call personnel:Section
12 states,that Grantee Is responsible for rbecom-
ingfamiliar with,the provisions'of Washington's
One-Call statutes;Section'13 addresses safety
codes dealing with'installation,operation'and
maintenance of facilities:Section 14;Movement
of Grantee's,Telecommunications'Fealties'for
others,addresses obtaining R nnission from the
City for any third party to use any rights-of-way
for the purpose;of moving a structure. Section
15 addresses the procedure to use if"Grantee
acquires new facilities;Section 16,states'that
the City has the authority to abate any;danger-
ous condition;Section 17 discusses,hazardous
substances'and that,the,Grantee pill'comply
with'all'laws and regulations concerning,same;
Section 18'states that Granters will comply with all
environmental protections laws and regulations;
Section,19 addresses relocation,of telecommu-
nications facilities and of the procedure to follow
if relocation is necessary.Section 20 states that
-no,telecommunications facilities constructed or
owned by Grantee'may be abandoned without
the written consent of City.Secfion2l explains
that Grantee will provide City a route map depict-
ing the general location'of Grantee's facilities,
and of the prgcess to use in'requests of such
route maps and/or drawings;and states that
Grantee acknowledges'that any such informa-
tion submitted to'City may subject'to the
Washington Public Risclosure'Act;And further
explains the procedure to'use in such requests.
Section 22 states the limitation on future-work;
Section 23 states that the',City reserves the right
to refuse anyrequest'for a permit to extend
telecommunications facilitie.,�Section 25 explains
`that nothing-in this ordinance shall be deemed
to restrict the'City's ability to adopt'arid`enforce
ordinance regulations forthe performance of the
conditions of this franchise;Section 26 addresses
street,vacation;while Section 27 addresses in-
demnification.Section 28 sets;outthe.Insurance
requirements for Grantee;Section 29 concerns
performance bond relating to construction activ-
ity;Section 30 discusses modification;Section 31
discusses forfeiture and revocation;Section 33
states that not later than 60 days;after'passage
of,this ordinance the'Grarrtee rip 5f ccept:the
franchise.and oftheprocedure to-do;so;Section
34 addresses the franchise as binding upon the
Grantee's heirs and successors. Section 35
addresses;severability;Section 36,permits an
`extension or renewal to be made no later than
1 ao.days from the expiration:of the.document.
Section 37 provides contact:information for
any notice or information,required.,.Section 38
sets out the venue'for any litigation between
the City and the Grantee;Section 39 contains
a non-waiver clause;;Section 40 states that the
franchise constitutes the entire agreement nd
Sictiori'41 provides an effective date`' -,'
This draft ordinance is scheduled,for a,tirst read-
ing,November 29,;2011,with'a second reading
tentatively set for December 1;3,2t1M.
Christine Bainbridge,
'Spokane Valley City Clerk '
12/2'
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
SUMMARY OF DRAFT ORDINANCE NO. 11-020
The following is the title and summary of Draft Ordinance No, 11-020 granting a non-exclusive franchise
to Electric Lightwave, LLC:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO ELECTRIC LIGFITWAVE, 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.
Section 1 contains definitions relevant to the ordinance. Section 2 grants the franchise for a period of ten
years, for Grantee 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 and public places located in the City of Spokane Valley. Section 3 states that no fee
is imposed for the term of this franchise. Section 4 states the Franchisee agrees to reserve the right to
access fibers to the City for sole and exclusive municipal use and that the City agrees it will not use the
City Reserved Fibers as a public utility provider of telecommunications business service to the public;
Section 4 also explains that the City has the right to access by connection to the City Reserved Fibers, and
further explains the use of those City Reserved Fibers, including that the City shall pay all costs
associated with constructing any connection to those fibers. Section 5 concerns recovery of costs and
states that the Grantee will reimburse City for all costs of one publication of this franchise in a local
newspaper. Section 6, Non-Exclusivity, states that this franchise is granted upon the express condition
that it shall not prevent the City from granting other or further franchises or permits in any rights-of-way.
Section 7, Non-Interference with Existing Facilities, explains that 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 that the City retains full power to make all changes as the City deems appropriate. It also states that
any removal or replacement shall be at the expense of the Grantee unless otherwise provided in RCW
35.99.060. Section 7 further explains the non-interference with existing facilities and that the owners of
all utilities have preference as to the positioning and location of those utilities; and that Grantee's
facilities will be constructed and maintained so as not to interfere with any public use or any other pipes,
wires, conduits or other facilities. Section 8 discusses the construction standards, including applicable
federal and state regulations, laws and practices; and Section 9 states that the Grantee will comply with all
laws relating to protection of monuments. Section 10 states that Grantee will have the authority to
conduct pruning and trimming for access to Grantee's facilities. Section 11, Emergency Response, states
that Grantee will within 30 days of execution of this franchise, designate one or more people as
emergency, on-call personnel. Section 12 states that Grantee is responsible for becoming familiar with the
provisions of Washington's One-Call statutes; Section 13 addresses safety codes dealing with installation,
operation and maintenance of facilities. Section 14, Movement of Grantee's Telecommunications
Facilities for others, addresses obtaining permission from the City for any third party to use any rights-of-
way for the purpose of moving a structure. Section 15 addresses the procedure to use if Grantee acquires
new facilities; Section 16 states that the City has the authority to abate any dangerous condition; Section
17 discusses hazardous substances and that the Grantee will comply with all laws and regulations
concerning same; Section 18 states that Grantee will comply with all environmental protections laws and
regulations; Section 19 addresses relocation of telecommunications facilities and of the procedure to
follow if relocation is necessary. Section 20 states that no telecommunications facilities constructed or
owned by Grantee may be abandoned without the written consent of City. Section 21 explains that
Grantee will provide City a route map depicting the general location of Grantee's facilities, and of the
process to use in requests of such route maps and/or drawings, and states that Grantee acknowledges that
any such information submitted to City may be subject to the Washington Public Disclosure Act; and
further explains the procedure to use in such requests. Section 22 states the limitation on future work;
Section 23 states that the City reserves the right to refuse any request for a permit to extend
telecommunications facilities. Section 25 explains that nothing in this ordinance shall be deemed to
restrict the City's ability to adopt and enforce ordinance regulations for the performance of the conditions
of this franchise; Section 26 addresses street vacation; while Section 27 addresses indemnification.
Section 28 sets out the insurance requirements for Grantee; Section 29 concerns performance bond
relating to construction activity; Section 30 discusses modification; Section 31 discusses forfeiture and
revocation; Section 33 states that not later than 60 days after passage of this ordinance, the Grantee must
accept the franchise and of the procedure to do so; Section 34 addresses the franchise as binding upon the
Grantee's heirs and successors. Section 35 addresses severability; Section 36 permits an extension or
renewal to be made no later than 180 days from the expiration of the document. Section 37 provides
contact information for any notice or information required. Section 38 sets out the venue for any
litigation between the City and the Grantee; Section 39 contains a non-waiver clause; Section 40 states
that the franchise constitutes the entire agreement, and Section 4 provides an effective date.
This draft ordinance is scheduled for a first reading November 29,2011,with a second reading tentatively
set for December 13, 2011.
Christine Bainbridge •
Spokane Valley City Clerk
Publish: December 2, 2011