Ordinance Summary 13-013 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. 13-013 passed by the Spokane Valley City
Council on the 17th day of September,2013:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
GRANTING TO AVISTA CORPORATION A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT
AND MAINTAIN NATURAL GAS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE
CITY OF SPOKANE VALLEY,AND OTHER MATTERS RELATING THERETO.
The purpose of this ordinance is to grant a non-exclusive franchise to Avista Corporation to construct and
maintain natural gas facilities within Spokane Valley's public rights-of-way. Sections 1 includes
definitions of words and terms used within the franchise ordinance; Section 2 states that the franchise is
for a period of 25 years; Section 3 states there is no right-of-way fee for the term of this franchise, and
Section 4 explains recovery costs. Section 5 is a non-exclusivity clause, Section 6 states that the franchise
is subject to listed non-interference requirements, Section 7 discusses construction standards, and Section
8 states that Avista will comply with applicable state laws relating to monument protection. Tree
Trimming, emergency response, one-call system, safety, movement of facilities, acquiring new facilities,
authority to abate dangerous conditions are also included in the franchise ordinance. Section 16 and 17
respectively state that Avista will comply with rules and laws concerning hazardous substances as well as
environmental rules and laws. Section 18 concerns relocation of facilities, Section 19 relates to
abandonment of Avista's facilities, and Section 20 states that Avista will provide the City with route maps
and other noted pertinent GIS information (Geographic Information System). Limitation on Future work,
Reservation of Rights by City, Remedies to Enforce Compliance are contained in sections 21 through 23.
Section 24 states that nothing will direct or restrict the City's ability to adopt and enforce necessary
ordinances regulating performance of the conditions of this franchise. Section 25 concerns the right of
the City to vacate any City road, right-of-way or other City property in accordance with state laws.
Section 26 discusses indemnification, Section 27 explains insurance requirements, Section 28 deals with
performance bond, and the remaining sections address such things as right to modify, forfeiture,
assignment, acceptance, survival, severability, renewal, notice, choice of venue, non-waiver clause, entire
agreement, and effective date. The full text of Ordinance 13-013 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: September 20, 2013
I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 13-
013, 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.
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.13-013 ) AFFIDAVIT OF PUBLISHING
) NOTICE
STATE OF WASHINGTON )
)ss.
County of Spokane )
MICHAEL HUFFMAN,being first duly sworn on oath deposes and says that he is the EDITOR,of The Spokane
Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has beenfor 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 20th day of September. 2013 and ending the 20th da of Septe ber, 13,all dates inclusive,and that
such newspaper was regularly distributed to its subscribers during all of said
City of Spokane Valley
11707 E.y,Wgue
S BSCRIBED d SWORN to before me
Spokane Valley,WA 98206
(509)921-,00o
NOTICE OF ORDINANCE PASSED this 20th day of September,2013.
SY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of
Ordinance No.13-013 passed by the Spo- 0 9 j'Y State of Washington
kane Valley City council on the 17th day of ®4 e r County of Spokane
September,2013,
AN ORDINANCE OF THE CITY OF
SPOKANE VALLGRANTIANE OUNTY.C(,oe\� SXF" rie y F' I certify that I know or have satisfactory evidence that
CORPORATION A NON-EXCLUSIVE s c % Michael Huffman is the person who appeared before
FRANCHISE TO CONSTRUCT AND o`a` °! aq —me,and said person acknowledged that he signed
MAINTAIN NATURAL GAS FACILITIES °4' '
within the public rightS-of-way of the city ®o ("(�` ; 0=this instrument and acknowledged it to be his free
OF SPOKANE VALLEY,AND OTHER MAT- °U a �—_e and voluntary act for the uses and purposes men-
The RELATING THERETO. • ry p p
The purpose of this ordinance is to grant a ), \36\) ® ®tion-a in the instrument.
non-exclusive franchise tb Avista Corpora- a
tion to construct and maintain natural gas ° ea
facilities within Spokane Valley's public (�A"es a� em5\0°®d'�o®� _
rights-of-way.Sections t includes defini- f�9 1� -�
tons.of words and terms used within the 6, 'T T ° ° f"Aq� Wentz
ordinance;Section 2 states that / °V r c�4, Jolen- •.-.VV entz
• the franchise is fora period of 25 years; ®6 f f ®® :Title Notary Public
Section 3 States there is no right-of-way fee Title: y
for the term of this franchise,and Section My appointment expires: 5-16-15
4 explains recovery costs. Section 5 is a y pp p
non-exclusivity clause,Section 6 states that
the franchise is subject to listed non-inter-
ference requirements,Section 7 discusses
construction standards,and Section 8 G �--�
states that Avista will comply with applicable
state laws relating to monument protection.
Tree Trimming,emergency response,one-
call system,safety,movement of facilities,
acquiring new facilities,authority to abate
dangerous conditions are also Included in
the franchise ordinance. Section IS and
17 respectively state that Avista will comply
with rules and laws concerning hazardous
substances as well as environmental rules
and laws.Section 18 concerns relocation
of facilities,Section 19 relates to abandon-
ment of Avista's facilities,and Section
20 states that Avista will provide the City
with route maps and other noted pertinent
GIS information(Geographic Informa-
tion System).Limitation on Future work.
Reservation of Rights by City,Remedies
to Enforce Compliance are contained in
sections 21 through 23.Section 24 states
that nothing Will direct or restrict the City's
ability to adopt and enforce necessary
ordinances regulating performance of the
conditions of this franchise. Section 25
concerns the right of the City to vacate any
City road:right-of-way or other City property
in accordance with state laws.Section 26
discusses indemnification,Section 27
explains insurance requirements,Section .
28 deals with performance bond,and the
remaining sections address such things
as right to modify,forfeiture,assignment,
acceptance,survival,severability,renewal,
notice,choice of venue,non-waiver clause,
entire agreement,and effective date.The
full text of Ordinance 13-013 is available at
the City of Spokane Valley City off ices as
identified above.A copy will be mailed upon
request to the City Clerk.
Christine Bainbridge,MMC