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Ordinance summary 13-011 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. 13-011 passed by the Spokane Valley City Council on the 13 day of August, 2013: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO ZAYO GROUP, LLC TO CONSTRUCT,MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. The recitals of the Ordinance explain that Council finds the granting of this Franchise, subject to terms and conditions, is in the best interests of the public, and protects the health, safety and welfare of the Spokane Valley Citizens. The ordinance grants Zayo Group a franchise for ten years beginning on the effective date of this ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places Iocated in the City of Spokane Valley, as approved under City permits. The ordinance states that no right-of-way fee is imposed for the term of this franchise; it also explains the provisions which apply regarding City use, recovery of costs, that this franchise is granted upon the express condition that it shall not prevent the City from granting other or further franchises or permits in any rights-of-way; sets out a non-interference with existing facilities clause; explains construction standards, and protection of monuments, tree trimming, emergency response, the one-call system, safety, movement of Grantee's telecommunications facilities for others; acquiring new telecommunications facilities, dangerous conditions and authority of City to abate, hazardous substances, environmental laws, relocation of telecommunications facilities; and further discusses abandonment of grantee's telecommunications facilities; required maps and records, limitation on future work, reservation of rights by City, remedies to enforce compliance, city ordinances and regulations, street and/or road vacation, indemnification, and insurance requirements. The full text of Ordinance 13-01 1 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,MMC Spokane Valley City Clerk Published: August 23, 2013 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 13- 011, that the summary provides adequate notice to the public of the contents of this ordinance, and that the original ordinance is on file with the City Clerk. a .�_ A. -s hristine Bainbridge, City Clerk SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: NOTICE OF ORDINANCE PASSED ) No. Spokane Valley City Council Ordinance No. 13-011 ) AFFIDAVIT OF PUBLISHING ) NOTICE ) STATE OF WASHINGTON ) )ss. County of Spokane ) MICHAEL HUFFMAN ,being first duly sworn on oath deposes and says that he is the EDITOR,of The Spokane Valley News Herald,a weekly newspaper.That said newspaper is a legalnewspaper and it is now and hasbeenfor more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly newspaper in Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular issues commencing on the 23rd day of August, 2013 and ending the 23rd day of August. 2013,all dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period. City of Spokane Valley 11707 E.Sprague Spokane Valley,WA 99206 SUBSCRIBED and SWORN to before me (509)921-1000 this �}n ? NOTICE OF ORDINANCE PASSED this 23rd day of August, 2013. BY SPOKANE VALLEY CITY COUNCIL rp ^y�r day The following is the title and summary v of Ordinance No. 13-011 passed by the ‘�' ` State of Washington Spokane Valley City Council on the 13 day 1% c!a,_ � County of Spokane of Au ust,2013. vi' ° p AN ORDINANCE OF THE CITY OF SPO- °°°(]1"i cXP{ �S° KANE VALLEY, SPOKANE COUNTY, a I certify that I know or have satisfactory evidence that WASHINGTON,GRANTING A NON-EX- °a u CLUSIVE FRANCHISE TOZAYO GROUP, `+ °,mo a vlichael Huffman is the person who appeared before LLC TO CONSTRUCT,MAINTAIN AND ./ °4` w 4 OPERATE TELECOMMUNICATIONS FA- :o �� a , said person acknowledged at he signed CILITIES.WITHIN THE PUBLIC RIGHTS- a�' i` ' this instrument and acknowledged it to be his free OF-WAY OF THE CITY OF SPOKANE *„ (43 C Znd voluntary act for the uses and purposes men- VALLEY,AND OTHER MATTERS RELAT- 'S ° INGTHERETO. the instrument. The u recitals d t the granting explain Franchise, q3 °°° Council finds terms and ndtc conditions,,is in se, °°°,a°°®°®®° ` �� subject to terms a conditions,is in the �� best interests of the public,and protects the rrift,+ E F 44:0 health,safety and welfare of the Spokane Valley Citizens.The ordinance grants Zayo A� 1 II° Jolene Rae Wentz Group a franchise for ten years beginning on Title: Notary Public the effective date of this ordinance,to install, y construct,operate,maintain, replace and My appointment expires: 5-16-15 use all necessary equipment and facilities to place telecommunications facilities in, -y3 /'7 Jam, r under,on,across,over,through,along or ff// `7I f below the public rights-of-way and public places located in the City of Spokane Val- ley,as approved under City permits. The C jj1),[-! ordinance states that no right-of-way fee is imposed for the term of this franchise; it also explains the provisions which apply regarding CIty use,recovery of costs,that this franchise is granted upon the express condition that it shall not prevent the City from granting other or further franchises or permits in any rights-of-way;sets out a non-interference with existing facilities clause;explains construction standards,. and protection of monuments,tree trimming, emergency response,the one-call system, safety,movement of Grantee's telecommu- nications facilities for others;acquiring new telecommunications facilities,dangerous conditions and authority of City to abate, hazardous substances,environmental laws, relocation of telecommunications facilities; and further discusses abandonment of grantee's telecommunications facilities; required maps and records,limitation on f,it,Ira wnrk raaarvatinn of rinhfc he Cie,_