Ordinance 04-008 Amends Ordinance 03-053 Sign Standards CiTY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-008
AN ORDINANCE OF IEEE CITY OF SPOKANE VALLEY,WASHINGTON,
AMENDING ORDINANCE 03-053 OF THE CITY OF SPOKANE VALLEY
RELATING TO SIGNAGE STANDARDS iN THE INTERIM ZONING CODE.
WHEREAS, on March 25, 2003, the City of Spokane Valley adopted Ordinance No. 03-053, an
interim Zoning Code to regulate the orderly development of the city; and
WHEREAS, the interim Zoning Code contains provisions in Section 14.804 relating to signage
standards; and
WHEREAS, Valley Hospital and Medical Center has requested that the City amend the text of
interim Zoning Code Section 14.804 to alter the signage standards for schools, hospitals and other public
uses; and
WVHEREAS, the Spokane Valley Planning Commission conducted a public hearing on January
22, 2004, after which the Planning Commission recommended to the City Council that interim Zoning
Code Section 14.804 be amended as specified in Attachment A to this Ordinance; and
WHEREAS, in order to amend the existing text of the interim Zoning Code, Section 14.402.020
requires that the proposed amendment meet certain criteria; and
WHEREAS, the finds the proposed amendments to the signage standards contained in
Attachment A relating to public uses are in the public interest, satisfying the requirements of interim
Zoning Code Section 14.402.020; and
WHEREAS, amending the City of Spokane Valley interim Zoning Code is within the police
powers of the City of Spokane Valley, Washington.
NOW, THEREFORE, THE CiTY COUNCIL OF THE CiTY OF SPOKANE VALLEY,
WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Amendments to interim Zoning Code Section 14.804. Ordinance No. 03-053
adopting the interim Zoning Code Section, relating to signage standards, is amended as set forth in
Attachment"A"to this Ordinance.
Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
Ordinance 04-008,Sign Standards(amending 03-053) Paget of 2
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Approved this 23rd day of March, 2004.
Michael DeVlcming, Mayor
%aa .sr:
Ar:^4 131a4.41
Christine Bainbridge, City Clerk
Ap wioved A, To Pb m:
/1/1-.4 • 1
t
dry P. Vriskcll, D puty'City Attorney
Date of Publication:
Effective Date: Cf - 9-d f/
Ordinance 04-008,Sign Standards(amending 03-053) Page 2 of 2
Attachment A -
Chapter 14.804
SiGNAGE STANDARDS
(Res.2-0188,dated February 19,2002)
Section:
14.804.010 Purpose,Intent and Scope
14.804.020 General Provisions
14.804.030 Definitions
14.804.040 Exempt Signs
14.804.050 Prohibited Signs
14.804.060 Signs Permitted in All Zones in Connection with Specific Uses
14.804.070 Sign Standards in Agricultural and Residential Zones(EA,GA,RS,RR-10,RC,UR,
R-5 through UR-22)Zones
14.804.080 Sign Standards for Business and Industrial (8-1,B-2,B-3,I-2 and 1-3)Zones
14.804.085 Comprehensive Sign Plan Standards(B-1,11-2,B-3,1-2 and 1-3)Zones
14.804.090 Freestanding Sign Standards for Aesthetic Corridors(Res.2-0315,dated March 26,
2002)
14.804.095 Sign Standards for the Industrial Park(1-1)Zone
14.804.100 Sign Standards for Mining(MZ)Zone
14.804.110 Sign Location and Setback
14.804.120 Sign Area and Calculation
14.804.130 Maintenance of Signs
14.804.140 Nonconforming Signs
14.804.150 Landscaping for Freestanding and Monument Signs
14.804.160 Sign Illumination
14.804.010 Purpose, Intent and Scope
The purpose and intent of this section is to promote commerce, traffic safety and community identity
while improving the visual environment of residential,commercial and industrial areas.
This section of the Code shall not regulate traffic and directional signs installed by a governmental
entity or in a private parking lot; signs not readable from nor intended to be viewed from a public
right-of-way; merchandise displays; point-of-purchase advertising displays, such as product
dispensers;national flags; flags of a political subdivision; symbolic flags of an institution; legal notices
required by law;barber poles;historic site monuments/plaques;gravestones;structures intended for a
separate use, such as phone booths, donation and recycling containers; lettering or symbols applied
directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of
business.
14.804.020 General Provisions
1. Permit Required:
Any on-premises sign shall hereafter be erected, re-erected, constructed, painted, posted, applied
or structurally altered in accordance with this chapter and pursuant to a sign permit signed off by
the Division of Planning and issued by the Division of Building and Code Enforcement. A sign
permit shall be required for each group of signs on a single supporting structure installed
simultaneously. Thereafter, each additional sign erected on the structure must have a separate
sign permit. The owner of a sign shall produce a permit upon request. Building permits shall be
required as specified in Title 3 of the Spokane County Code.
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2. Permit Applications:
All permit applications for signs shall include a site plan that provides the following information:
a. The location of the affected lot, building(s)and sign(s);
b. The scale of the site plan;
c. A drawing of the proposed sign or sign revision, including size, height, copy, structural
footing details,method of attachment and illumination;
d. All existing signs on the site including their size and height;and
e. Tax parcel number.
3. Subarea Plans:
Subarea plans approved by the Board of County Commissioners may include requirements other
than those provided in this chapter.
14.804.030 Definitions
The following words and phrases are listed in Chapter 14.300,Definitions.
Billboard, Bulletin Board, Electric Sign, Electronically Changeable Message Sign, Flashing Sign,
Freestanding Sign,Freeway Oriented Sigh,High Intensity Illumination,Incidental Sign,Individual
Business,Low Intensity Lighting, Monument Sign, Multiple Businesses,Nonconforming Sign,On-
Premises Sign, Portable Sign, Readerboard, Roof Sign, Sign, Support Structure(s), Three-Sided
Sign,Two-Sided Sign,Video Board, Wall Sign.
14.804.040 Exempt Signs
The following shall not require a sign permit, provided that these exemptions shall not be construed as
relieving the owner from the responsibility to comply with the provisions of this Code or any other
law or ordinance,including the Uniform Building Code.
a. The changing of the advertising copy or message on a lawfully erected sign, readerboard or
similar sign specifically designed for replaceable copy.
b. Painting,repainting or normal maintenance,unless a structural or electrical change is made.
c. Temporary banners and temporary signs as permitted herein.
d. Real estate signs as permitted herein.
e. Incidental signs.
f. Political signs.
g. Bench signs on county rights-of-way, provided approval has been granted for location by the
Spokane County Engineer.
14.804.05(1 Prohibited Signs
The following signs are prohibited in all zones unless otherwise specifically permitted.
1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs
or devices.
2. Signs that create a safety hazard for pedestrian or vehicular traffic.
3. Flashing signs.
4. Portable signs exceeding nine(9)square feet.
5. All portable readerboards.
6. All portable electric signs.
7. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided
that this provision shall not be construed as prohibiting the identification of a firm or its product
on a vehicle operating during the normal course of business. Franchised buses and taxis are
exempt from these provisions.
8. Roof signs.
9. Video Boards.
10. Billboards.
Chapter 14.804 Zoning Code of Spokane County Page 804-2
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14.804.060 Signs Permitted in All Zones in Connection with Specific Uses
The following signs may be permitted in any zone,subject to the limitations as provided herein.
1. Bulletin Boards:
Bulletin boards may be permitted on the premises of public, charitable or religious institutions,
subject to the following.
a. Such sign shall contain not more than thirty-two (32)square feet in area on a face and may be
double-faced.
b. No part of the sign shall exceed a height of six(6)feet above the ground.
c. The sign,if lighted,shall use low-intensity lighting.
d. A thirty-two (32)-square-foot, double-faced sign, no higher than fourteen (14) feet above
grade, is authorized for a public or private school on property not less than three (3) acres in
size.
2. Temporary Residential Subdivision or Area Name Signs:
A temporary real estate sign advertising the prospective sale or lease of a group of lots or
dwellings within a tract or apartment complex shall be permitted, subject to the following
conditions.
a. The freestanding sign shall be located on the premises being sold or leased.
b. The sign shall not exceed forty(40)square feet in area on a face and may be double-faced.
c. The sign shall remain only as long as property remains unsold or un-leased for the first time
within the tract, but not to exceed one (1)year. The Division may extend the one(1)year time
period upon written request by the owners/developers of the project.
d. The sign shall be non-illuminated.
e. The top of the sign shall be no higher than ten (10) feet above grade of the lot or parcel on
which the sign is located.
3. Permanent Residential Subdivision or Area Name Signs:
Decorative subdivision or area name signs of a permanent character at the street entrance or
entrances to the subdivision or area that identifies the name of the subdivision or area only, shall
be permitted,subject to the following conditions.
a. The sign shall consist of decorative building materials with illuminated, indirectly lighted or
non-illuminated name plates or letters,and be located in a maintained landscaped area;and
b. The wall(s)and/or sign(s)shall not exceed six(6)feet in height.
4. Temporary Banners,Flags,Pennants,Searchlights and Inflatables:
a. A banner, flag, pennant, or inflatable, may be permitted by the Division for temporary on-
premises use only, provided that such display does not have a significant adverse impact on
nearby residences or institutions. The temporary use shall be restricted to thirty (30) days per
quarter with one thirty (30) day renewal per quarter. If the permit is renewed, the thirty (30)
day period for the following quarter is expended and the sign is not permitted during that
quarter.
b. A searchlight may be permitted by the Division for temporary on-premises use only, not
exceeding ten (10) days, provided that such display does not have a significant, adverse
impact on nearby residences or institutions.
5. Contractor,Architect,Surveyor or Engineer Signs:
One (1) on-premises sign identifying the project, developers, building contractor and/or
subcontractors, architect,surveyor and engineer engaged in the construction may be permitted on
a property during the period of construction,provided that:
Chapter 14.804 Zoning Code of Spokane County • Page 804-3
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a. Location of the sign shall be approved by the Division prior to installation;
b. The sign shall not exceed forty(40)square feet in area;and
c. The top of the sign shall not exceed ten (10) feet above grade of the lot or parcel on which the
sign is located. The sign shall be removed prior to final building inspections. However, no
such sign shall be maintained for a period in excess of twelve (12) months without approval
from the Division. The Division may extend the one(1)year time period upon written request
of the owners/developers of the project.
6. Real Estate Sign:
a. Residential/Agricultural use or property—Temporary on-premises sign(s) advertising the sale,
• lease or rental of the building, property or premises, one (1) per frontage road. Such sign(s)
shall be unlighted, limited in size to five (5) square feet and limited in height to five (5) feet
above grade. A thirty-two (32) square foot sign is allowed on agricultural property of twenty
(20)acres or more,with or without a dwelling on site.
b. Commercial/Industrial use or property—One (1) temporary on-premises sign advertising the
sale, lease or rental of the building,property or premises. Such sign shall be unlighted, limited
in size to thirty-two(32)square feet and limited in height to ten(10) feet above grade.
c. Open house/directional sign—For(a) and (b) above,an open house/directional sign(s)shall be
allowed on each access street (to the property). Such sign(s) shall not be placed in such a
manner as to interfere with vehicular or pedestrian traffic, shall be used when the property is
actually open for immediate inspection, shall be unlighted, and shall be limited in size to five
(5)square feet and limited in height to three(3) feet above grade.
7. Electronically Changeable Message Sign:
a. Electronically changeable message signs shall be permitted in Business (B-2 and B-3) and
Industrial (I-2 and I-3) zones in accordance with the standards of Sections 14.804.080 through
14.804.160 and their definition.
14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS and RR-10,RC,
UR,R-5 through U12-22)Zones
Sign structures are permitted in the agricultural and residential zones in accordance with the
following uses and standards:
1. A nameplate, which indicates no more than the name and address of the occupant of the premises,
is permitted,provided that such sign shall not exceed a maximum area of five(5)square feet and a
maximum height of four(4)feet above grade.
2. A freestanding or wall sign identifying a community residential facility, family day-care home,
child day-care center in a residence, nursery school, or similar institution is permitted, provided
that such sign shall not exceed a maximum area of five (5) square feet, a maximum height of four
(4)feet above grade and is unlighted.
3. Permitted Signs by Use
a. The following categories of uses are defined to apply to signage standards provided in Tables
1 and 2 below:
i. Residential/Semi-Public uses include a church, public park, multiple-family dwelling,
dormitory, fraternity, sorority, nursing home,retirement apartment, public building,child
day-care center, family day-care provider, nonprofit community hall or lodge, animal
clinic,cemetery or sanitarium. •
ii. School/Public uses include a school (kindergarten through university), hospital, police
station, fire station, post office or public golf course, incinerator, solid waste recycling
transfer site,or landfills.
Chapter 14.804 Zoning Code of Spokane County Page 804-4
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iii. Office uses include a business or professional office.
iv. Commercial Use/Other shall include commercial uses other than those listed in "i"
through"iii" above and other than home industry or home profession.
b. On-Premises wall signs are permitted, not to exceed the maximum number and size as shown
in Table 1. Wall signs shall be unlighted or have low-intensity lighting, and shall be placed
flat against the outside wall of the main building.
i. Schools/Public Uses in UR-22 Zones shall be subject to wall signage
standards as permitted in all commercial and industrial zones as specified in
Section 14.804.080.
Table 1-Wall Signs-Agricultural and Residential Zones(EA,GA,RS and
RR-10,RC,UR, R-5 throuh UR-22)Zones
Use per 14.804.070 (3) Maximum'Number Maximum Sign Area
of Signs
Residential/Semi-Public 1 20 sq. ft.
Schools/Public Use See Section 14.804.080 See Section 14.04.080
Office 1* 32 sq.ft.**
Commercial Uses,Other 1 20 sq. ft.
*Multiple office complexes shall be allowed one wall sign per building.
**An office building containing multiple offices shall be allowed a 60 sq. ft.
maximum sign area.
c. On-Premises freestanding signs are permitted, not to exceed the maximum number,size, and
height as shown in Table 2. On-Premises freestanding signs shall be unlighted or have low-
intensity lighting.
Table 2 - Freestanding Signs - Agricultural and Residential Zones (EA, GA, RS
and RR-10,RC, UR, R-5 through UR-22)Zones
Use per 14.804.070(3) Maximum Maximum Maximum
Number Sign Area Sign Height
of Signs
Residential/Semi-Public 1 16 sq.ft. 6 feet
Schools/Public Use 1 32 sq.ft.* 15 feet
Office 1 32 sq.ft.* 15 feet •
Commercial Uses,Other 1 32 sq. ft.* 15 feet
*Maximum sign area may be increased to 60 sq. ft.for monument signs seven(7)
feet or less in height.
4. Multiple Arterials
In the event the use or group of uses is adjacent to more than one arterial (including through and
corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional
arterial(s). The above allowance shall be calculated independently, using only the additional
Chapter 14.804 Zoning Code of Spokane County Page 804-5
arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial
be transferred to the other(s).
14.804.080 Sign Standards for Business and Industrial (13-1,B-2,B-3, 1-2 and I-3) Zones
Any sign, which pertains only to the identification of a permitted use in the B-1, B-2., B-3, 1-2 and I-3
zones and is located entirely on the property with the use or business, is permitted, provided that it
complies with the following standards.
1. Wall Signs-Individual and Multiple Businesses
Wall signs are permitted on each wall of a building provided the wall sign does not exceed
twenty-five percent (25%) of the total area of the wall or a maximum area of 250 square feet,
whichever provides the smaller area. "False fronts" and mansard roofs shall not be included when
calculating the total area of the wall.
2. Freestanding Signs(pole or monument design)-Individual Business
One (1) on-premises freestanding sign is permitted. Signs shall not exceed the area and height
limits as provided in Table 3. Businesses with multiple frontages may be allowed additional
signage per 14.804.080(5).
Table 3-Standards for on-premises sign for individual business
Maximum Area Maximum Area
Zone Maximum Height
5100' street frontage >100' street frontage
8-1 50 ft2 50 ft'- 20 feet
B-2/B-3 100 ft2 200 ft2 30 feet
I-2/I-3 40ft2 80 ft2 20 feet
3. Freestanding Signs(pole or monument design)-Multiple Businesses
a. Freestanding on-premises sign(s) for multiple businesses are permitted, not to exceed the
number,area and height limits as provided in Table 4.
b. Freestanding signage allowed for an individual business under 14.804.080(2) shall not be
combined with the signage allowed for multiple businesses under 14.804.080(3).
c. The minimum separation between signs shall be 500 feet, as measured from the center of the
sign.
d. One(1)of the signs allowed under table 4,may be increased to a maximum height of forty(40)
feet above grade and a maximum area of 250 square feet, provided the parcel is contiguous
with Interstate 90 and the underlying zoning is Community Business (13-2) or Regional
Business(B-3).
Table 4-Standards for on-premises signs for multiple businesses
Zone Maximum number of signs Maximum Area Maximum Height
B-1 1 100 ft2 20 feet
B-2/B-3 1 per 500 feet of street frontage* 200 ft2 30 feet
1-2/1-3 1 per 500 feet of street frontage' 80 ft2 20 feet
*One(1)freestanding sign is permitted on parcels with less than 500' of lineal street frontage.
Chapter 14.804 Zoning Code of Spokane County Page 804-6
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Multiple business parcel
B-2 and B-3 zones
200 ft'signs with minimum 500'
spacing
Imo-- 500'--Pi
arterial 1000'
Figure 1-Example of allowed signage on a parcel with 1000 feet of frontage.
Multiple business parcel .c
B-2 and B-3 zones
200 ft'signs with minimum 500'
o
spacing L
500'
4 arterial 1000'
Figure 2- Example of allowed signage on a parcel with dual frontage.
4. Incentive to Substitute Height Restricted Monument Sign(s) for Freestanding Sign(s)
a. Monument signs, not to exceed seven (7) feet in height, may substitute for individual and
multiple business signs under 14.804.080(2 and 3) with maximum sign number(s) and area(s)
as provided in Tables 5 and 6. There is no minimum separation requirement between signs.
Table 5-Standards for on-premises monument signs for individual businesses
Zone Maximum number of signs Maximum area/each sign
B-7. 1 75 ft2
B-2/B-3 2 90 ft2
1-2/1-3 2 90 ft2
Table 6-Standards for on-premises monument signs for multiple businesses
Zone Maximum number of signs Maximum area/each sign
B-1 2 75 ft2
B-2/B-3 2 per 500 feet of street frontage* 90 ft2
1-2/I-3 2 per 500 feet of street frontage* 90 ft2
*Two(2)freestanding signs are permitted on parcels with less than 500' of
lineal street frontage.
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Chapter 14.804 Zoning Code of Spokane County Page 804-7
Multiple business parcel
B-2 and B-3 zones
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Monument sign incentive
using 90F signs
O O
0
1000'
arterial
Figure 3-Example of allowed signage using the incentive for monument signs.
5. Multiple Arterials
In the event the use or group of uses is adjacent to more than one arterial (including through and
corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional
arterial(s). The above allowance shall be calculated independently, using only the additional
arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial
be transferred to the other(s).
6. Entrance Sign for Industrial Park or Planned Industrial Area
An industrial park or planned industrial area may have one(1)entrance/identification monument
sign not to exceed 150 ft2 in area and 7 feet in height above grade.
14.804.085 Modification To Sign Standards (B-1, 13-2, B-3,1-2 and I-31 Zones
For shopping centers, industrial parks, mixed use developments, and hotel conference centers; the
Director may approve a comprehensive sign plan that deviates from the provisions set forth in section
14.804.080 above,provided the following standards and conditions are met:
1. The development exceeds the following minimum square foot floor area requirements:
a. 250,000 ft2 for a shopping center or hotel conference center.
b. 250,000 fC of commercial/industrial floor space for a mixed use development.
c. 300,000 ft2 for an industrial park.
2. The applicant shall submit a sign plan that includes the size,location,height,lighting,construction
materials and orientation of all proposed signs in addition to any other information deemed
necessary by the staff.
3. The sign plan shall conform to the following standards:
a. Signage shall conform to the standards of section 14.804.080; except that a maximum of three
(3) of the allowed signs under 14.804.080 may be allowed an increase of 20% in sign height
and area over the maximum allowed in the underlying zone.
b. The cumulative sign area of all signs, including 3a above, shall not exceed the maximum that
would be allowed under 14.804.080.
c. The maximum number of signs shall not exceed the maximum that would be allowed under
14.804.080.
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4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose
and intent of this chapter,as determined by the Director.
Chapter 14.804 Zoning Code of Spokane County Page 804-8
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5. Signage shall be installed in conformance with the approved sign plan and the Division of
Building and Code Enforcement shall flag parcels subject to the sign plan to ensure that future
signage for phased development is in compliance with the plan.
6. The applicant/owner(s) shall sign a binding agreement ensuring compliance with the approved
sign plan. The agreement shall be filed as a deed restriction and shall run with the land and shall
apply to present as well as future property owners.
7. Modifications to the approved sign plan shall require reapplication and approval by the Director.
14.804.090 Freestandin_ Si_ Standards for Aesthetic Corridors Res. 2-0315 dated March 26
2002)
1. The standards of 14.804.090 shall apply to parcels adjacent to the following designated aesthetic
corridors:
a. Spokane Valley Couplet(eastbound Appleway Avenue segment only)
b. Evergreen Road(between Sprague Avenue and Indiana Avenue)
c. Mirabeau Parkway
d. Indiana Avenue(between Pines Road and Flora Road)
2. Wall signs shall be as per Section 14.804.070 or 14.804.080,respective of zoning.
3. Freestanding sign structures adjacent to the aesthetic corridors shall only be permitted in
accordance with the following uses and standards:
a. All signs shall be of monument type,not to exceed eight(8)feet in height.
b. In Agricultural and Residential Zones (EA, GA, RS, RR-10, RC, UR, R-5 through UR-22), one
monument sign identifying professional office(s)shall be allowed not to exceed thirty-two(32)
square feet in area.
c. In Business (B-1, 13-2 and B-3) Zones quid industrial (I-1, I-2 and 1-3) Zones monument signs
shall be allowed for individual and multiple businesses with maximum sign numbers and
areas as provided in Tables 7 and 8.
Table 7-Standards for on-premises monument signs for individual businesses
Maximum tegi&gu Cif signs.• ••MaaTna.u.m area
8-1 1 75 ft2
B-2/B-3 2 per 500'street frontage* 90 ft2
I-1/I-2/I-3 2 per 500'street frontage* 90 ft2
*Two(2) monuments are permitted on parcels with less than 500' of lineal street frontage
Table 8-Standards for on- remises monument signs for multiple businesses
Cllsi.gns laximum ID sign
131 2 75 ft2
B-2/13-3 2 per 500' street frontage* 90 ft2
14/1-2/I-3 2 per 500' street frontage* 90 ft2
*Two(2)monuments are permitted on parcels with less than 500' of lineal street frontage.
Chapter 14.804 Zoning Code of Spokane County Page 804-9
4. Entrance Sign for Industrial Park or Planned Industrial Area
An industrial park or planned industrial area may have one(1)entrance/identification monument
sign not to exceed 150 ft'-in area and 7 feet in height above grade.
5. Any business that was lawfully established in accordance with the Spokane County Zoning Code
and had purchased or had a duly executed contract to purchase signage along a designated
aesthetic corridor prior to May 1, 2001, shall be allowed to apply for a building permit for said
signage.Said permit shall conform to the signage regulations in place immediately prior to May 1.,
2001.
14.804.095 Sign Standards for Industrial Park (i-1) Zone
1. Two(2)square feet of sign, up to a maximum of one hundred (100)square feet,shall be permitted
on the front of the building for every lineal foot of building frontage, or the same sign footage
encompassed within a freestanding sign of the same architectural style as the building, no higher
than six(6)feet from ground level and placed within a lawn or totally landscaped area,
2. One (1) square foot of sign, up to a maximum of fifty (50) square feet, shall be permitted on the
side or rear of a building for every lineal foot of building frontage when said side or rear is
oriented to or faces a public parking area or street or, in the case of a side yard of a corner lot, the
same sign footage encompassed within a freestanding sign of the same architectural style of the
building, no higher than six (6) feet from ground level and placed within a lawn or totally
landscaped area.
3. All wall signs shall be flat against the building or structure and shall not extend above the top of
the wall. Freestanding signs shall not exceed six(6)feet in height.
4. One (1) name plate for each tenant accessed by that entrance,not exceeding two (2)square feet in
area,containing the name and address of an occupant will be allowed at every exterior entrance to
a building.
5. Unimproved property shall be permitted one (1) freestanding for sale, lease, or rent sign not to
exceed six(6) feet in height and thirty-two(32)square feet of surface area.
6. No sign may encroach upon,or overhang,adjacent property or public right-of-way.
7. Painted signs on buildings, including those attached on or to the surface of windows,-are
prohibited. •
8. All sign illumination shall be from the interior of the sign,provided that indirect lighting shall be
permitted if the light source is not visible from public parking, public road or street. Exposed
neon tubing shall not be permitted. Normal sign maintenance shall be permitted,including name
change of the firm or company.
9. Logos or identification symbols shall be considered signs and shall conform to all provisions of
this section.
10. No sign visible from a public road or street shall be constructed or maintained to flash, rotate or in
any way simulate motion. Lights that resemble traffic signals are not allowed.
11. The square footage of a sign made up of letters, words or symbols shall be determined from the
outside edge of the frame itself. The square footage of a sign composed of only letters, words or
symbols shall be determined from imaginary straight lines drawn from high point to high point
Chapter 14.804 Zoning Code of Spokane County Page 804-10
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around the entire copy or grouping of such letters, words or symbols. Those portions that are an
integral part of the sign display shall be considered in the determination of square footage
allowed. An obvious border designed as an integral part of a sign shall be calculated in the total
square footage allowed. All measurements for sign height shall be from grade to the topmost part
of die sign.
12. No sign in an Industrial Park site shall be constructed or located as to constitute a nuisance or in
any way be detrimental to immediately adjacent uses as determined by the Planning Director.
Signs will be allowed in any yard, provided the "clear view triangle" requirements in Section
14.810.020(2) are met. No sign shall be allowed adjacent to points of ingress or egress as to
obstruct or impair site distances.
13. A parking directional sign shall be permitted at each major entrance to a parking lot,provided that
such signs shall not exceed six (6) feet in height and fifteen (15) square feet per face, and are
located within a landscaped area.
14.804.100 Sign Standards for Mining(MZ) Zone
Any sign which pertains only to the identification of a permitted use in the Mining Zone (MZ) and is
located entirely on the property of such use is permitted, provided that it complies with the following
conditions.
1. An individual establishment may have one (1) permanent freestanding sign not to exceed thirty
two(32)square feet in area.
2. No sign shall project more than fifteen(15)feet above grade.
3. In the event a use is nonconforming but could be outright permitted in the 13-2 and/or B-3 zones,
the Mining Zone signage requirements will follow those for B-2/B-3 zones under Section
14.804.080.
14.804.110 Sign Location and Setback
1. All signs shall be located so that they:
a. Do not interfere with vehicular or pedestrian accessibility or sight distance;
b. Conform to tie provisions of Section 14.810.020(2),the clear view triangle;
c. Do not overhang or be located in ariy public right-of-way;and
d. Comply with any restrictions of the Federal Aviation Administration (FAA) and Airport
Overlay(AO)Zone.
2. All signs shall be located and set back as follows:
a. Any portion of a sign (including structural supports) that is higher than three (3) feet and less
than seven (7) feet above grade shall be located a minimum of ten (10) feet back from any
public right-of-way, unless it can be demonstrated that the location of a structural support or
monument sign will not create an adverse impact with regard to sight distance of vehicles
entering and exiting the site.
b. Structural supports less than two (2) feet in width, measured at any point on the support, and
three(3)to seven(7)feet above grade,shall be exempted from(a)above.
Chapter 14.804 Zoning Code of Spokane County Page 804-11
14.804.120 Sign Area and Calculation
1. Sign area for wall signs is equal to the message area of a sign, including graphics, letters, figures,
symbols,trademarks or written copy as shown in Figure 4.
P: TE'S PRO GOLF
Figure 4
2. The sign area of a freestanding sign consisting of one sign shall be calculated as shown in Figure 5
below. The sign area of a freestanding sign consisting of more than one (1)sign shall be computed
by adding together the total area(s)of all signs as shown in Figure 6 below.Any portion of the sign
not necessary for structural support of the sign or any structural support greater than two (2) feet
in width shall be considered in the determination of the square footage of the sign. A 10% increase
in sign area is allowed for decorative framing or borders. Area calculation does not include
decorative rocks or landscaping adjacent to a monument sign.
i SIGN 1
SIGN g
1
SIGA N 2 i
SIGN
•
Figure 5 Figure 6
3. The sign area for multiple-sided signs shall be calculated as follows:
a. The total sign area for. a two-sided sign shall be calculated using one (1) face, therefore
allowing both faces to be of equal size(for example a two-sided sign has two(2) faces with 18
square feet per side,therefore the sign area is 18 square feet).
b. The sign area for a three-sided sign shall be equal to the total amount of sign area a one-sided
or two-sided sign is allowed (for example, in item 3a above, a two-sided sign is allowed 18
square feet of sign area per side which equals 36 total square feet. If a three sided sign is used
instead of a one-sided or two-sided sign, the three-sided sign may allocate the 36 total square
feet among three sides, therefore allowing three sides with 12 square feet per face for a total of
36 square feet of sign area)
14.804.130 Maintenance of Signs
1. Any signage that has been approved or that has been issued a permit shall be maintained by the
owner or person in possession of the property on which the sign is located. Maintenance shall be
such that the signage continues to conform to the conditions imposed by the sign permit..
Chapter 14.804 Zoning Code of Spokane County Page 804-12
•
2. Any damaged sign base shall be repaired within sixty(60)days.
3. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall
be repaired or removed immediately.
14.804.140 Nonconforming Signs
Nonconforming signs (those that were permanently installed and legally erected prior to the adoption
of this Code), shall be allowed to continue in use so long as they are continuously maintained, are not
relocated, and are not structurally altered or made more nonconforming in any way. Signs over 40
years old that are classified as historically significant by the historic preservation officer shall not be
considered as nonconforming signs.
14.804.150 Landscaping for Freestanding and Monument Signs
All freestanding and monument signs shall be located in a landscaped area. Landscaping should be
appropriately sited to ensure that signs are not blocked or obscured by trees or bushes.
14.804.160 Sign Illumination
Externally illuminated signs shall have low intensity lighting,confined to the sign,and positioned and
shielded to minimize impacts to the surrounding area(s). Internally illuminated signs shall have low .
intensity lighting.
•
•
Chapter 14.804 Zoning Code of Spokane County
ka Page 804-13
•
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO OneEIGHTY
NETWORKS, INC., TO CONSTRUCT, MAINTAIN A.INTAIN AND OPERATE CERTAIN
FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTIES
OF THE CITY OF SPOKANE.VALLEY.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-exclusive
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, the grant of such non-exclusive franchises requires the approving vote of'at least a
majority of the entire City Council and publication at least once in a newspaper of general circulation in
the City; 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.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,"does ordain as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and terms
shall have the meaning set forth below:
1. `City Manager"shall mean the City Manager or his/her designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating, laying, testing, operating, extending, upgrading, renewing, removing,
replacing, and repairing a facility.
3. "day" means a twenty-four(24) hour period beginning at 12:01 a.m. If a
thing or act is to be done in less than seven (7) days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation of time.
4. `distribution system, system and lines" used either in the singular or
plural shall mean and include the poles, conductor, pipe, mains, laterals,
conduits, feeders, regulators, meters, fixtures, connections, and all attachments,
appurtenances equipment and appliances necessary and incidental thereto or in
any way appertaining to the distribution of the service or product and which are
located within a right-of-way.
5. "facility" used either in the singular or plural shall mean any tangible
component of the transmission and distribution system within the right of way or
on public property, including supporting structures, located in the operation of
Ordinance 04-006 One-EIGHTY Franchise Page 1 of 15
•
t .
activities authorized by this Franchise. The abandonment by Grantee of any
facilities as defined herein shall not act to remove the same from this definition.
6. "hazardous substances" shall mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, a hazardous,
toxic or radioactive substance, or other similar term, by any federal, state or local
environmental statute, regulation, or ordinance or decision of a state or federal
court or administrative agency or body, presently in effect or that may be
promulgated in the future, and as such statutes, regulations and ordinances may
be amended from time to time.
7. "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.
8. "Permittee" shall mean a person or entity who has been granted a permit
by the Permitting Authority.
9. "Permitting Authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the rights of
way(ie. Obstruction Permits).
10. "product" shall refer to the item, thing or use provided by the Grantee.
11. "public property" shall mean any real estate or any facility owned by the
City.
12. "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 casement, and/or road right—of- way now or
hereafter held or administered by the City.
13. "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.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the "City"), hereby grants unto OneEIGHTY Networks, Inc., a Washington for
profit corporation (hereinafter "Grantee"), a franchise for a period of ten (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 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, as approved under City permits
issued pursuant to this franchise(hereinafter the "Franchise").
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.
Ordinance 04-006 One-EIGHTY Franchise Page 2 of 15
•
•
Section 4. City Use. The following provisions shall apply regarding City use.
1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use
of four(4)dark fiber strands at every location passed by Grantee's facilities within the boundaries
of the City, for sole and exclusive municipal use or designation, with access to any building or
facility designated by the. City. Said dark fiber shall be reserved for use by the City for
goveinmental purposes, PROVIDED, that as to the fiber resources granted to the City under the
terms of this provision, the City agrees that it will not use such fiber as a public utility provider of
telecommunications business service to the public. The City reserves the right to connect its four
dark fiber strands to other fiber network providers, with the goal of achieving maximum
connectivity for City purpose.
2. The City shall have the right to access by connection to the four dark fiber strands
at any location served by this Franchise within the City limits. The City shall provide at least 30
days written notice of intent to access Grantee's service.
3. The City shall pay all costs associated with constructing any City connection to
Grantee's Franchise service. The City shall pay Grantee a recurring monthly charge of S20.00 per
fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in
writing. Said monthly recurring charge shall not he imposed until such time as the fiber is put
into use by City. A fiber pair refers to two strands of cable.
4. Consistent with Washington Ch. 83, laws of 2000, section 7, at such time when
Grantee is constructing, relocating, or placing ducts or conduits in public rights of way, the City
Manager may require Grantee to provide the City with additional duct or conduit and related
structures 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 purposes.
A. The City shall not require that the additional duct or conduit space be connected to the
access structures and vaults of the Grantee.
B. This section shall not affect the provision of an institutional network by a cable
television provider under federal law.
C. Grantee shall notify the City Manager 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 be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under ordinances of the City.
Where the City incurs costs and expenses for review or inspection of activities undertaken through the
authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not
established, Grantee shall pay such costs and expenses directly to the City. In addition to the above,
Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any
emergency involving Grantee's facilities.
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 in, under, on, across,
over, through, along or below any rights-of-way, streets, avenues and any other public lands and
properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the
City from using any of its right-of-ways, roads, streets or other public properties or affect its jurisdiction
over them or any part of them. The City hereby retains full power to make all changes, relocations,
Ordinance 04-006 One-EIGHTY Franchise Page 3 of 15
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.
Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior
right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of
its facilities and other governmental purposes, and should in the sole discretion of the City a conflict arise
with the Grantee's facilities, the Grantee shall, at its own expense and cost,conform to the City's facilities
and other government purposes of the City.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the lines and 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 system 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.
Section 8. Right to Roads Not Superseded. The City, in the granting of this Franchise,does
not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be
construed so as to deprive the City of any powers, rights, or privileges which it now has,or may hereafter
acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this
Franchise, or to go upon any and all City roads and highways for any purpose including constructing,
repairing, or improving the same in any such manner as the City, or its representatives may elect. The
City shall retain full authoritative power in the same and like manner as though this Franchise had never
been granted.
Nothing in this Franchise shall be construed to prevent the City from constructing facilities,
grading, paving, repairing and/or altering any street, or laying down, repairing or removing facilities or
constructing or establishing any other public work or improvement. All such work shall be done, insofar
as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of
the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects,
Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the
sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date
established by the City Engineer's written notice to Grantee, the City may cause and/or effect such
removal, adjustment or relocation, and the expense thereof shall be paid by Grantee.
Section 9. Commencement of Construction. Construction of the facilities contemplated by
this Franchise may commence within thirty(30)days of the effective date of this Ordinance, provided that
such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which
Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise
shall automatically result in termination of this franchise.
Section 10. Construction Standards. All facilities shall be installed in conformity with the
plans and specifications filed with the City, except in instances in which deviation may be allowed in
writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall
specify the class and type of material and equipment to be used, manner of excavation, construction and
installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic
control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar
Ordinance 04-006 One-EIGHTY franchise Page 4 of 15
•
standards as may be applicable from time to time. The plans must meet all Federal, State, County and
City Codes and the Utility Accommodation Plan Standards.
Notwithstanding any provision herein to the contrary, any excavations and installations by the
Grantee in any of the public properties within the corporate limits of the City shall be done in accordance
with such reasonable rules, regulations, and resolutions of general application now enacted or to be
enacted by City Council, relating to excavations in public properties of the City, and authorized by the
City Engineer. Said rules, regulations, authorizations, and resolutions 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 Grantee of any duty, obligation, or responsibility for the competent design,
construction, maintenance, and operation of its 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.
Section 11. Special Construction Standards. During any period of work relating to Grantee's
facilities, all surface structures and equipment, if any, shall be erected and used in such places and
positions within or adjacent to public rights-of-way and other public properties so as to interfere as little
as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property.
Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City, conditions of
permits, and laws and regulations of the State of Washington, specifically including RCW 39.04.180 for
the construction of trench safety systems.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
Ordinance, 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 facilities or safety thereof. When
deemed appropriate by the City,joint users may be required to contribute to the costs of excavation and
filling.
Section 12. Restoration After Construction. Grantee shall, after abandonment approved
under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of
facilities within the area of this Franchise, restore the surface of the right-of-way or public property to at
least the currently adopted City standards or as required by the City Engineer through a right-of-way
permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work
and to promptly repair any damage caused by such work within the area of this Franchise or other
affected area at its sole cost and expense.
Section 13. Damage and Non-Compliance. Any and all damage, or injury,done or caused to
City right-of-way, City facilities, or any portion thereof in the construction, operation, maintenance or
repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City
Engineer. En the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said
damage or injury to said City right-of-way or facilities, the same may be done by the City and the cost
and expense shall be immediately paid by the Grantee to the City.
If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right-of-
way in accordance with this Franchise, the City shall provide the Grantee with written notice including a
description of actions the City believes necessary to restore the right-of-way. If the right-of-way is not
restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right-
of-way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair
and restore the right-of-way and facilities in accordance with this Franchise. The rights granted to the
City under this section shall be in addition to those otherwise provided by this Franchise.
Ordinance 04-006 One-EIGHTY franchise Page 5 of 15
Section 14. Protection of Monuments. Before any work is performed under this Franchise
which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads,
and all other surveys, the Grantee shall reference all such monuments and markers. The reference points
shall be so located that they will not be disturbed during the Grantee's operations under this Franchise.
The method of referencing these monuments or other points to be referenced shall be approved by the
City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by
such work shall be restored pursuant to State and Federal standards and specifications. The replacement
of all such monuments or markers disturbed during construction shall be made as expeditiously as the
conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost,
destroyed, or disturbed, and the expense of replacement of approved monuments and other marker ties
which have been re-established or disturbed shall be borne by the Grantee.
Section 15. Drainage. If the work done under this Franchise interferes in any way with the
drainage of a City right-of-way, the Grantee shall wholly and at its own expense make such provisions
necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer.
Section 16. Obstruction Permits Required, Whenever Grantee shall occupy or excavate in
any public right-of-way or other public property for the purpose of installation, construction, repair,
maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with
detailed plans and specifications showing the position, depth, and location of all such facilities in relation
to existing rights-of-way, roads, streets, or other public property, hereinafter collectively referred to as the
"Plans." All work within any public rights-of-way or on other public property shall be pursuant to a valid
permit. The facilities shall be installed or constructed in exact conformity with said Plans except in
instances in which deviation may be allowed by the City, in writing, in response to written application by
Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of
permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other
necessary information including a schedule for the work. During the progress of the work, Grantee shall
not unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as-built plans
and maps with the City showing the final location of the facilities. All restoration of rights-of-way, roads,
streets, storm drainage and the surface of other public property shall be in conformance with City
standards, and conditions of the permit.
Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary to
control and carry Grantee's products so as to prevent injury to the City's property or property belonging to
any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve
said facilities from time to time as may be necessary to maintain the same in good condition. Grantee
shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or
other facilities, in, under, or over the City's rights-of-way.
Section 18. Emergency Response. The Grantee shall, within six months of the execution of
this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management
Plan (the "Plan") for responding to any spill, break, or other emergency condition. The Plan shall
designate responsible officials and emergency 24-hour on-call personnel and the procedures to be
followed when responding to an emergency. When developing such Plan, the Grantee shall work with the
City Engineer and the City's Police Department to determine when and how the same should be contacted
during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and
make every effort to immediately respond with action to minimize damage and to protect the health and
safety of the public.
Ordinance 04-006 One-EIGHTY Franchise Page 6 of I5
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 19. Emergency Work. In the event of any emergency in which any of Grantee's
facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a
condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately
inform the City of the location and condition and shall immediately take all necessary actions to repair its
facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced
without first applying for and obtaining a permit as required by this Franchise. However, this provision
shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and
Grantee shall apply for all such permits not later than the next succeeding day during which the City is
open for business.
Section 20. One-Call System. Pursuant to RCW 19.122, 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 21. Inspections and Fees. All work performed by Grantee shall be subject to
inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by
the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in
addition to any other fees or charges levied by the City.
Section 22. aafeA. The Grantee, in accordance with applicable federal, state, and local
safety rules and regulations, shall, at. all times, employ ordinary care in the installation, abandonment,
relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in
their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or
nuisance to persons or property. All of Grantee's facilities in the right-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 facilities.
Section 23. Building Moving. Whenever any person 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 fourteen (14)days' written notice from the City, shall raise or remove, at the expense of the
Permittee desiring to move the building or structure, any of Grantee's 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 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 facilities.
Section 24. Acquiring New Facilities_ Upon Grantee's acquisition of any new facilities in
the rights-of-way,or upon any addition or annexation to the City of any area in which Grantee retains any
such facilities in the rights-of-way, the Grantee shall submit to the City a written statement describing all
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 25. Dangerous Conditions - Authority of City to Abate. Whenever excavation,
installation, construction, repair, maintenance, or relocation of facilities authorized by this Franchise has
caused or contributed to a condition that appears to substantially impair the lateral support of the
adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or
Ordinance 04-006 One-EIGHTY Franchise Page 7 of 15
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 safety precautions; and Grantee shall be liable to the City for all costs
and expenses thereof.
Section 26. Hazardous Substances. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's
facilities in the right—of-way. Grantee shall maintain and inspect its facilities located in the right-of-way.
Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the
City may inspect Grantee's facilities in the right-of-way to determine if any release of hazardous
substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to
remove the burden of inspection from the Grantee on a periodic basis of its facilities for hazardous
substances, nor is to remove the responsibility of the hazardous substance from the Grantee. in removing
or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of
hazardous substances in compliance with applicable environmental clean-up standards related thereto.
Grantee agrees to forever 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 facilities within the City's right-of-way.
Section 27. 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 28. Relocation of 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
facilities when so required by the City by reason of traffic conditions or public safety, dedications of new
rights-of-way and the establishment and improvement thereof, freeway construction, change or
establishment of street grade, or the construction of any public improvement or structure, 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 their facilities required to be temporarily
disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee's then- existing
facilities,the City shall:
a) At least sixty(60)days prior to the commencement of such improvement project,
provide Grantee with written notice requiring such relocation; and
Ordinance 04-006 One-EIGHTY Franchise Page 8 of 15
b) Provide Grantee with copies of pertinent portions of the plans and specifications
for such improvement project and a proposed location for Grantee's facilities so that
Grantee may relocate its 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 facilities at no charge or expense to the City so as to
accommodate the improvement project at least ten (10) days prior to commencement of
the project.
Grantee may, after receipt of written notice requesting a relocation of its 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 is suitable to accommodate the work which would otherwise
necessitate relocation of the 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 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 facilities by any
person or entity other than the City, where the 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.
Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by
Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or
removal of Grantee's facilities must be first approved by the City, and all necessary permits must be
obtained prior to such work.
Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee
agrees to provide the City with available as-built plans, potential improvement plans, field locates, maps,
plats, specifications, profiles, and records of its facilities within City rights—of-way upon request. Such
documents shall be provided upon request by Grantor within five business days of Grantor's request.
These records shall be in a digital electronic format acceptable to the City, unless the City Engineer
deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City
Engineer shall be provided.
To the extent such requests are limited to specific 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 facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City
improvement projects.
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 facilities within the Franchise area; provided,
however, any such plan so submitted shall be for informational purposes only, and shall not obligate
Grantee to undertake any specific improvements within the Franchise area.
The parties agree to periodically share Geographic Information System (GIS) files at the
Grantor's disposal. Any files provided to Grantee shall be restricted to information required for Grantee's
Ordinance 04-006 One-EIGHTY Franchise Page 9 of 15
engineering needs for installation, repair or replacement of facilities that are the subject of this franchise.
Grantee is prohibited from selling any GiS information obtained from City to any third parties.
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 42.17
RCW. Grantee shall mark as "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 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 "CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the
Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for
non-disclosure of the requested documentationlinformation. 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 until the Grantee can file a legal action under RCW 42.17.330.
Section 31. 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 for a period of
five(5)years absent emergency circumstances, unless otherwise agreed by the City.
Section 32. Reservation of Rights by City. The City reserves the right to refuse any request
for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement
from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere
with a public use,either current or future.
Section 33. 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 andlor 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 34. 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 facilities by Grantee, and Grantee shall promptly conform with all
such regulations, unless compliance would cause Grantee to violate other requirements of law.
Section 35. Vacation. if, at any time, the City shall vacate any City road, right-of-way or
other City property which is subject to rights granted by this Franchise and said vacation shall be for the .
purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for
the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and
by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such
City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages
or loss to the grantee by reason of such termination.
Section 36. Indemnification. Grantee hereby releases, 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, including claims by Grantee's own
employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or
death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents,
servants, officers or employees in performing services under this Franchise are the proximate cause.
Ordinance 04-006 One-EIGHTY Franchise Page 10 of 15
.
Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless
the City, its officers and employees from any and all claims, costs,judgments, awards or liability to any
person, including claims by Grantee's own employees to which Grantee might otherwise have immunity
under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the
rights-of-way or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by
virtue of the City's permitting Grantee's use of the City's rights-of-way or other public property based
upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers
or employees in connection with work authorized on the City's property or property over which the City
has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection
with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to
claims against the City 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 adequate
warnings of any excavation, construction, or work in any public right-of-way or other public place in
performance of work or services permitted under this Franchise.
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. 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.
In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said
tender having been made pursuant to the indemnification clauses contained herein, 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 and reasonable
attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering
under this indemnification clause.
Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to
decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is
subject to R.CW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of Grantee and the City, its
officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's
negligence. it is further specifically and expressly understood that the indemnification provided herein
constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this Section 36 shall survive the expiration or termination of this Franchise
agreement, for a period of three(3)years.
Section 37. 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. Grantee shall provide a copy of such insurance certificate to the
City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence:
1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single
Limit per accident for bodily injury and property damage. Such liability insurance shall
only be required from Grantee for vehicles owned or controlled by Grantee. Any
contractor hired by Grantee to perform labor in the performance of this franchise shall be
required to obtain auto insurance as stated in this subsection; and
Ordinance 04-006 One-I-;IGI•ITY Franchise Page 11 of 15
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 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.
Any deductibles or self-insured retentions must be declared to and approved by the City. Payment
of deductible or self-insured retention shall be the sole responsibility of Grantee. Recognizing the term of
this Franchise, the City Manager may unilaterally adjust the insurance liability limits to reflect the degree
of risk and market conditions.
The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as
insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees or
volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply
separately to each insured against whom a claim is made or suit is brought, except with respect to the
limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its
officers, officials,employees and volunteers. Any insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The
insurance certificate required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
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 38. Bond. 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
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.
Section 39. Modification. The City and Grantee hereby reserve the right to alter, amend or
modify the terms and conditions of this Franchise upon written agreement of both parties to such
alteration, amendment or modification.
Section 40. Compliance With New Regulations. The City reserves for itself the right to
change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County
and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National
Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee
fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes,
amendments, modifications, and/or amplifications, this Franchise may be terminated at any time upon
ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City
shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may
be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this
Franchise and to cure defaults by the Grantee.
Ordinance 04-006 One-EIGHTY Franchise Page 12 of 15
Section 41. 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, 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 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 42. Assignment.. This Franchise may not be assigned or transferred without the
written approval of the City. For purposes hereof, the grant of any security agreement or security interest
in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of
this Franchise for which written approval would be required. In the case of the transfer or assignment as
collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such
consent shall not be required unless and until the secured party elects to realize upon the collateral.
Grantee shall provide prompt, written notice to the City of any such assignment.
Section 43. Acceptance. Not later than thirty (30) days after passage and publication 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 five day period, absolutely cease, unless the time period is extended by
ordinance duly passed for that purpose.
Section 44. Survival. All of the provisions, conditions and requirements of Sections: 4, 5, 13,
25, 26, 36 and 48 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 all privileges, as
well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if
they were specifically mentioned wherever Grantee is named herein.
Section 45. 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 46. Renewal. Application for extension or renewal of the term of this Franchise
shall be made no later than one year before 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 47. 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:
Ordinance 04-006 One-EIGHTY Franchise Page 13 of 15
.
The City: City of Spokane Valley
Attn: City Clerk
11707 E. Sprague
Spokane Valley, WA 99206
With a Copy to: City of Spokane Valley
Public Works Director
11707 E. Sprague
Spokane Valley, WA 99206
Grantee:
OneEighty Networks, Inc.
118 North Stevens
Spokane, WA 99201
Phone: (509)688-8180 Fax: (509) 688-8110
Section 48. 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 49. 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 50. Entire A reement. 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 County
roads as herein described.
Section 51. Effective Date. This Ordinance shall be in full force and effect five (5) days
after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
PASSED by the City Council this 17th day of February, 2004.
-es/ite\)1__7
'1 Michael DeVleming, Mayo
ii..i"
( ." '----i?..c4:;;.vit.„. .oweits,,,,
r ``,`�-.J...POKANE`
Cfiristine Bainbridge,City Clerk "�' ,
Ap ovedas.oFo'rn: O �0 RgT�;y<
� i() =' SEAL � �=
::0 :
INCORPORATED
eputy ity ttorney, y F. Dr' kell i March 31,2003 .
Date of Publication: 1 02 Cr!) / .
Effective Date: 1p/f/ .,�g60p1'ly,;,����•
Ordinance 04-006 One-EIGHTY Franchise Page 14 of 15
•
Accepted by OneFTGNTY Networks, Inc.
_
By: �r:Q SA>cit f1n (Ni2 d er The Grantee,Grantee, OneEIGHTY Networks, Inc., a corporation, for itself, and for its successors and
assigns,does accept all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, *'� o- has signed this °24f day of_
04. ,2004. Subscribed and sworn before me this 21 day of Ft& - 2004.
but 'Any =l - r^ • .
cc l�,• _. �ti =',<= j Notary Public i and for th State of Washington,7. residing in EPaka+Aie• LA./1
My commission expires A w w,7 131 'loci'4:7.
Ordinance 044-046 One-EIGHTY Franchise Page 15 of 15