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Ordinance Summary 18-016 Ci of Spokane Valley p 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. 18-016 passed by the Spokane Valley City Council on the 31st day of July 2018: AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO EXTENET SYSTEMS, INC. TO CONSTRUCT, MAINTAIN AND OPERATE WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. Section 1 sets out certain definitions as to the purpose of this Ordinance; Section 2 grants ExteNet Systems, Inc. a franchise for a period of 10 years; Section 3 states that no right-of-way fee is imposed for the term of this franchise; Section 4 sets out provisions regarding City use; Section 5 speaks of recovery costs; Section 6 covers non-exclusivity; Section 7 concerns non-interference with existing facilities; Section 8 addresses construction standards; Section 9 concerns protection of monuments; Section 10 grants Grantee authority to conduct tree trimming under certain situations; Section 11 addresses emergency response; Section 12 states Grantee is responsible for being familiar with the "one-call" system; Section 13 addresses safety; Section 14 deals with movement of Grantee's telecommunications facilities; Section 15 speaks to acquiring new telecommunications facilities; Section 16 addresses dangerous conditions and authority of City to abate; Section 17 concerns hazardous substances; Section 18 states that Grantee shall comply with all environmental protections laws; Section 19 addresses relocation of telecommunication facilities; Section 20 concerns abandonment of Grantee's telecommunications facilities; Section 21 states that certain maps and records are required to be provided to City; Section 22 concerns limitation on future work; Section 23 speaks of reservation of rights by City; Section 24 addresses remedies to enforce compliance; Section 25 concerns city ordinances and regulations; Section 26 states that the City may vacate any city road,right-of- way or other City property which is subject to rights granted by this franchise; Section 27 concerns indemnification; Section 28 speaks of insurance requirements; Section 29 addresses performance bond relating to construction activity; Section 30 reserves the right by the City and Grantee to modify the terms and conditions of this franchise; Section 31 addresses forfeiture and revocation; Section 32 states this franchise may not be assigned or transferred except under certain conditions; Section 33 states the terms of acceptance by the Grantee; Section 34 concerns.survival of certain provisions,conditions and requirements; Section 35 addresses severability; Section 36 concerns the renewal process; Section 37 sets out notice requirements; Section 38 states where any litigation between the City and Grantee relative to this franchise shall occur; Section 39 includes a non-waiver; Section 40 states that this franchise constitutes the entire understanding;and Section 41 provides for an effective date. The full text of Ordinance 18-016 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: August 31,2018 I certify that I believe the foregoing summary to be a true and complete summary of Ordinance No. 18-016, that the summary provides adequate notice to the public of the +n ents of this ordinance, and that the original ordinance is on file with the City Clerk. pristine Bainbridge, ityClerk r 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. 18-016 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 31st day of August,2018, and ending on the 31st day of August,2018, all dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: 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. 16-016 passed by the Spokane Valley City Council on the 31st day of July 2016: SUBS • RED and " ,10' before me AN ORDINANCE OF THE CITY OF This 31st day of August,2018 SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON, GRANTING A NON- 01 IRIA ^/ pState of Washington EXCLUSIETn- Y I/gySYSTEMSNC.TO CONSTRUFRANCHISE TO CT, ON' County of Spokane lain and operate WIRELESS telecom- (j'1�+ ••.e munications facilities within the public �(J,<\ rightS-of-way of the City OF SPOANE ��!1• 851 d�`•+`• ``A�` VALLEY,AND OTHER MATTERS RELAT- •�� C1L:n.e �/ i I certify that I know or have satisfactory evidence that ING THERETO. © �' Section 1 sets out certain definitions as to •G NOTARY ' p [J- Michael Huffman is the person who appeared before me, the purpose of this Ordinance;Section 2 +�aT�flY cn, and said person acknowledged that he signed this grants ExteNet Systems,Inc.a franchise j for a period.of 10 years;Section 3 states t : PUBLIC instrument and acknowledged it to be his free and that no right-of-way tee is imposed for the Al ° •• term of this franchise;Section 4 sets out 7 a e <'Z.: voluntary act for the uses and purposes mentioned in the provisions regarding City use; Section 5/\ '•. 0 e• speaks of recovery costs;Section 6 covers cc.' •. 5-j 6_1 S ••' .,�' lnstrtim rit. non-exclusivity;Section 7 concerns non-r. °...e.e..e` . Nr interference with existing facilities;Section 8 d'. `�/� �/At�/�r `,y{ �i addresses construction standards;Section •Y f"l %• ' %N 9 concerns protection at monuments;Sec- tion 10 grants Grantee authority to conduct tree trimming under certain situations; Jolene Ra W tZ Section 11 addresses emergency response; Section 12 states Grantee is responsible for Title:Notary ubhc being laminar with the"one-call"system; My appointment expires: 05-16-2019 410 .. Section 13 addresses safety;Section 14 deals with movement of Grantee's telecom- munications facilities;Section 15 speaks to acquiring new telecommunications facilities; L' Section 16 addresses dangerous conditions and authority of City to abate;Section 17 concerns hazardous substances;Section 18 states that Grantee shall comply with all environmental protections laws;Section 19 addresses relocation of telecommunication facilities;Section 20 concerns abandonment of flrnnlca'.,Ialprnmmimiratinnc facilnl85: