Loading...
Ordinance Summary 18-008 City of Spokane Valley 10210 E.Sprague Spokane Valley,WA 99206 (509) 720-5000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No.18-008 passed by the Spokane Valley City Council on the 10th day of April,2018: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO MCIMETRO ACCESS TRANSMISSION SERVICES Corp. d/b/a VERIZON ACCESS TRANSMISSION SERVICES TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. Section 1 defines certain words and terms within the ordinance;Section 2 grants MClmetro a franchise for a period of ten years;Section 3 explains that no right-of-way fee is imposed for the term of this franchise; Section 4 sets out specific provisions regarding City use;Section 5 addresses recovery of costs;Section 6 contains the non-exclusivity clause;Section 7 deals with non-interference with existing facilities;Section 8 discusses construction standards; Section 9 allows for the protection of monuments; Section 10 grants authority for tree trimming at grantee's expense; Section 11 includes an emergency response;Section 12 states Grantee is responsible becoming familiar with and understanding the one-call system; Section 13 states facilities shall be constructed in a safe and operational condition;Section 14 discusses movement of Grantee's telecommunications facilities for others;Section 15 addresses Grantee's acquisition of any new telecommunication facilities; Section 16 addresses dangerous conditions and the authority of the City to abate; Section 17 concerns hazardous substances; Section 18 states that Grantee shall comply with all environmental protection laws and hold the City harmless from any damages arising as a result of Grantee's failure to comply with such laws;Section 19 explains the process for any relocation of telecommunications facilities;Section 20 speaks to abandonment of Grantee's telecommunications facilities;Section 21 states Grantee shall provide maps and records at no cost to City;Section 22 concerns limitation on future work; Section 23 addresses reservation of rights by City to refuse any request for a permit to extend facilities; Section 24 concerns remedies to enforce compliance;Section 25 states that City ordinances and regulations will be adhered to; Section 26 states the City may vacate any property subject to rights granted by this franchise according to state and local law;Section 27 includes indemnification language;Section 28 states Grantee shall procure and maintain insurance as noted;Section 29 addresses performance bond relating to construction activity;Section 30 states that the City and Grantee reserve the right to modify the terms of this franchise upon written agreement of both parties; Section 31 speaks of forfeiture and revocation; Section 32 states this franchise may not be assigned or transferred without written approval of the City; Section 33 states that acceptance of this ordinance from Grantee must be no later than 60 days after passage; Section 34 addresses survival;Section 35 speaks to severability;Section 36 addresses renewal;Section 37 provides for notice;Section 38 states where any litigation between City and Grantee must occur,whether if filed in the state court or if in the federal court;Section 39 contains a non-waiver provision;Section 40 states that this franchise constitutes the entire agreement;and Section 41 provides for an effective date. The full text of Ordinance 18-008 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:May 18,2018 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No.18-008, that the summary provides adequate notice to the public of the ntents of this ordinance, and that the original ordinance is on file with the City Clerk. 'stifle Bain blridCt7 kIl ya �/ SUPERIOR COURT of WASHINGTON for SPOKANE COUNTY In the Matter of AFFIDAVIT of PUBLICATION Notice of Ordinance Passed By Spokane Valley City Council NO. Ordinance No.18-008 LEGAL NOTICE STATE of WASHINGTON County of Spokane MICHAEL HUFFMAN being first duly sworn on oath deposes and says that he is the EDITOR of the Spokane Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of 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 Legal Notice as it was published in regular issues commencing on the 18th day of May,2018,and ending on the 18th day of May,2018,all dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period: Cay of Spokane Valley 10210 E.Sprague Spokane Valley,WA 99206 (509 (509)720.5000 • NOTICE OF ORDINANCEIT COUNCIL TheSPOKANE VALLEYCITY COUNCIL The following is the title arid summary of Ordinance 130.18-008 passed by the Spokane Valley City Council on the 10thS WINCE;�!` eRN to before me day of April,2018: , AN ORDINANCE OF THE CITY OF 1St 11 day Of M h''2U1$ SPOKANE VALLEY,SPOKANE COUNTY; WASHINGTON,GRANTING A NON-IX- g I l l State of Washington CLUSIVE FRANCHISE TO MCIMETRO ACCESS TRANSMISSION SERVICES eioi9�A Qn�a^® County of Spokane Corp.dlb/a VERIZON ACCESS TRANS-b@ie: `i Cl /n ,e°� MISSION SERVICES TO CONSTRUCT. `Sr „�If �� maintain and operate telecommunications r. facilites within the public rightSal-way of 0„-0 ' m CA-A o 1,1),o I certify that I know or have satisfactory evidence that the CityOFSPOKANEVALIEY,AND OTH- ° • / o ER MATTERS RELATING THERETO. o "P'••"P'••a aG Michael Huffman is the person who appeared before me, Section 1 tle8nes certain words and terms m within the ordinance;Section 2 grants • NOTARY nts MCI-�V U'o and said person acknowledged that he signed this metro afanchise fora period of len years:, G instrument and acknowledged it to be his free and Section 3 explains that no right-of-way lee o �Ju B Lic ° m is imposed for the term of this franchise; g voluntary act for the uses and purposes mentioned in the Section 4 sets out specific provisions < - regarding City use;Section 5 addressrs= °° ° p instrutn-l t. recoveryof costs;Section 6 contains the.> °• °°°0$_16- 9°'° CJ'' 'a non-exclusivity clause;Section 7 deals ° e with non-nterierence with existing facilities:f. ©p 1p'/io� � % Section 8 discusses construction standards; eg 4 y ry @9t Section Palos orprotection otmenu- frg Bg4 �Q�oal,a mems;Section 10 gents authority for tree 701e -. r trimming at grantee's expense;Section 11 Title'Not. • 'ublic includes an emergency response;Section 12 slates Grantee is responsible becoming familiar withunderstanding theall Myappointment expires:05-16-2019 (01.tiS system:Section 13 states facilities shall be constructed ina safe and operational condition;Section 14 discusses movement of Grantee's telecommunications facilities C.J�-°-��•�� for others:Section 15 addresses Grantee's acquisition of any new telecommunication facilities;Section 18 addresses dangerous conditions and the authority of the City to-abate;Section 17 concerns hazard- ous substances•,Section 18 states that Grantee shall comply withal environmental protection laws and hold the City bernless from any damages arising as a result of Grantee's failure to comply with such laws; Section 19 explains the process for any relocation of telecommunications facilities; Section 20 speaks to abandonment of • Grantee's telecommunications facilities; Section 21 states Grantee shall provide maps and records at no cost to City;Sec- tion eo-lion 22 concerns limitation on future work; Section 23 addresses reservation of rights by City to refuse any request for a permit to extend facilities;Section 24 concerns remedies to entorce compliance;section 25 states that City ordinances and regula- tions will be adhered to;Section 26 states the City may vacate any propertysubrect to rights granted by this franchise according to stale and local law.Section 27 includes indemnification language;Section 28' states Grantee shall procure and maintain insurance as noted;Section 29 addresses performance bond relating to construction activity,Section 30 states that the City and Grantee reservethe right to modify the terms of this franchise upon written agree- ment of both parties;Section 31 speaks of forfeiture and revocation;Section 32 stales this franchise may not be assigned or tendered without written approval of the City:Section 33 states that acceptance of this ordinance from Grantee must be no later than 60 days after passage;Section 34addresaes survival;Section 35spealtsto severability,Section 36 addresses renewal; Section 37 provides for notice;Section 38 states where any litigation between City and Grantee must occur,whether if filed in the state courier if in the federal court;Section 39 contains a non-waiverprovision;Section 40 states that this franchise constitutes the enlire•agreement and Section 41 provides for an effective date. • The full tree of Ordinance 18-008€s available at the City of Spokane Valley City offices as identified above.Acopywill be mailed upon request to the City Clerk • Christine Bainbridge,City Clerk Published:May 18,2018. •