Ordinance 09-034 City of Spokane Valley
11707 E. Sprague
Spokane Valley, WA 99206
(509) 921-1000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of Ordinance No. 09-034 passed by the Spokane Valley City
Council on the day of December 2009:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF PENNSYLVANIA!
WASHINGTON/WEST VIRGINIA, LP, TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN
FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AND PUBLIC PROPERTIES OF THE CITY
OF SPOKANE VALLEY.
The City is authorized to grant, permit and regulate non-exclusive franchises for the use of public ways,
above or below the ground,and Council found that the grant of this Franchise is in the best interests of the
public. Section 1 sets out the definitions for purposes of this ordinance. Section 2 grants unto the Grantee,
a nonexclusive franchise authorizing Grantee to construct, maintain and operate a cable system in the
public right-of-way. Section 3 states that the grant of authority is not exclusive_ and does not establish
priority for use over other franchise holders. Section 4 sets the fee that Grantee pays to the City, at 5% of
Grantee's gross revenues in the City; and sets out the payment due date and late penalty. Section 5
explains competitive equity in that the City reserves the right to grant one or more additional franchises,
and of the procedure to do such. Section 6 discusses previous rights abandoned. Section 7 explains that
time is of the essence. Section 8 states that nothing shall be construed to except Grantee from any
applicable tax, liability or assessment authorized by law. Additional sections explain the cable system
specifications, cable service area, that programming is at the discretion of Grantee, that the City may
regulate rates in accordance with federal law; discusses PEG (Government Channel) and local
programming; parental control, recovery of costs, least interference, construction standards, restoration
after construction, obstruction permits required, emergency response, hazardous substances,
environmental, and movement and relocation of facilities. Subsequent sections address tree trimming,
street right-of-way vacations, abandonment of grantee's facilities; maps, books, and records; reports,
customer service standards, Cable Advisory Board, and that the Grantee is granted the right to operate its
Cable system using the rights-of-way within the franchise area.
The full text of Ordinance 09-034 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, City Clerk
Published: February 5, 2010
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No, 09-
034, that the summary provides adequate notice to the public oft contents of this ordinance, and that
the original ordinance is on file with the City Clerk.
wJ
tristine Bainbridge, City CIerk
•
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of:
NOTICE OF ORDINANCE PASSED } No.
Spokane Valley City Council
Ordinance No. 09-034 ) AFFIDAVIT OF PUBLISHING
) NOTICE
)
STATE OF WASHINGTON )
)ss.
County of Spokane )
MICHAEL HUFFMAN,being first duly sworn on oath dep oses and says that he is the EDITOR,of The Spokane
ValleyNews Herald,a weeklyneivspaper.Thatsaid newspaperis alegal newspaper andit[snow andhasbeen for more thansix 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 5th day of February, 2010,and end ng the 5th day of February, 2010,a11 dates inclusive,andthat such
newspaper was regularly distributed to its subscribers during all of said period:
City of Spokane Valley
11707 E.Sprague / yf/'
Spokane Valley,WA 09206 . `•
1500)921.1000 , ; RI; -b` d SWORN to before me
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The rolfoving Is the title and summary of Ordl- this lis 5th_•a (}l February,20 1nq,1
10.
nonce No.09-034 passed by the Spokane Valley
City Council on the 1st day of December 2009: State of Washington
AN ORDINANCE OF THE CITY OF SPOKANE
VALLEY,SPOKANE COUNTY,WASHINGTON, County of Spokane
GRANTING A NON-EXCLUSIVE FRANCHISE
TO COM CAST OF PENN'SYLVAN IA/WAS HING-
TON,WEST VIRGINIA, LP,TO CONSTRUCT, I cer tify that I know or have satisfactory evidence that
maintan and operate certain facilities within the 7c=,; Michael Huffman is the person who appeared before
pt,b1°c 1101S-of-way and puhl-c properties ci the i{
City OF SPCKANE VALLEY `RAC.; fs me, and said person acknowledged that he signed.
The:City is authorized to grant,permit.and t
regulate nor-axc usfva franchises for the use i t55laq instrument and acknowledged It to be his free
of publ'cways, above or below the ground,and tia �� ' .144. z�',:and voluntary act for the uses and purposes men-
Council found that the grant of th s French's° .i0 Lc.
Is in the heel interests of the ptblio Section t NO TA f y y ned in the instrument,
.1 sets out the definitions.for purposes of this t
ordinance.Section 2 grants unto the Grantee,
a nonexclusive franchise authorizing Grantee to `c PUBL i,�°-
cor•sirucl,maintain and operate a cable system ` , )olen ,{in the pubic right of-way,Section 3 states that �\ '-.�} �� floe We tz
the grant of authority is not exclusive and does i 6 ?CI establishpriority for use over other franchise 0 16 - Title: Notary Public
holders.Section 4sets the fen that Grantee pays
to the City,at 5`y of Grantee's gross revenues in F My alipointment expires: 5-16-11
the City;and sets cut the payment duo date and
late penalty.Section 5 explains compe Rave equity -
in that the City reserves the right to grant one or •
more additional franchises,and of the procedure
to do such.Section 6 discusses previous rights 4
abandoned.Section 7 explains that time Isoithe
essence.Section a slates that nothing shall oe r
cons trued to except Grantee from any apprca bte
tax,lability or assessment autho-fzed by law..
Additional sections exp'aln the cable system
specifications,cable service area,that program-
ming is al the d'svelte of G rantee,'1na t the City
may regulate rates in accordance with federal
law;discusses PEG(Government Channel)and
local proven m i:ng;parental control,recovery of
costs,least interference,conslruct'on standards,
restoration attar con struction,obstruction permits
required, emergency response, hazardous
. substances,environmental, and movement
and relocation of facilities.Subsequent sec-
lions address tree Irimm'ng,street right-of-way
vacations,abandonment of grartee's facilities;
maps,books,and records; reports,customer •
I service standards,Cable Advisory Beard,and
Ihat the Grantee is granted the dghi to operate
its Cable system using the rights-of-way within
the franchise area.
The lull taxi of Ordinance 09-034 is available at '
the City of Spokane Valley City offices as identi-
fied above. A copy will be marled upon request
Io the City Clerk.
I C hrisl'ne Bainbridge,City Clerk
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