Ordinance Summary 18-017 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. 18-017 passed by the Spokane Valley City Council
on the 31'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 ANT) OPERATE FIBEROPTIC 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 for others; 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 18-017 is available at the City of Spokane Valley City offices as identified above.
A copy will be mailed upon request to the City CIerk.
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. 18-017,
that the summary provides adequate notice to the public of the co e ts of this ordinance, and that the
original ordinance is on file with the City Clerk.
Christine Bainbridge, City Clerk • 4.--)
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. 18-017
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
(909)720-5000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY sum
The following is the title and summary
of Ordinance No. 18-017 passed by the
Spokane Valley City Council on the 31st
day o1 July 2018: S : t.4.1 D and S'•• to before me
AN ORDINANCE OF THE CITY OF _+15 31st da of Augst,2018
SPOKANE VALLEY,SPOKANE COUNTY, Y g
WASHINGTON, GRANTING A NON- ,��111 i 11I f��� State of Washington
EXCLUSIVE FRANCHISE TO EXTENET \i Fl q /�
SYSTEMS.INC.TO CONSTRUCT,main- f t lj County of Spokane
fain and operate FIBEROPTIC telecom- • „ . "`'`
munications facilities within the publlc V •:ASSION::131';'.
• ,fes tf
rightS-of-way of the City OF SPOKANE . ••w• -AVALLEY,AND OTHER MATTERS RELAT- +°S `�i I certify that I know or have satisfactory evidence that
fNGSec THERETQ. .O `. Michael Huffman is the whoa eared before me,
thepur t sets out certain definitions as to TA , personappeared
the purpose of this Ordinance;Section 2
grants ExteNet Systems,Inc.a franchise for e and said person acknowledged that he signed this
aperiod of10years;Section3states that no • PUBLIC instrument and acknowledged it to be his free and
right-ot-way fee is imposed for the term of e
•
this franchise;Section 4 sets out provisions voluntary act for the uses and purposes mentioned in the
regarding City use;Section 5 speaks of • LJ .' [4
recovery costs;Section 6covers non-exclu- .'•516-� +•` e-, .� inst ent.
siv ;Section 7 concerns non-Interference ""'•
witexisting facilities;Section 8 addresses le f P S1 A\V.14,
\�
construction standards;Section 9 concerns /60, �t
protection of monuments;Section 10 grants f 1 r I i 11119 J
Grantee authority to conduct tree trim-
ming under certain situations;Section 11 Jolene Rae 1'entz
addresses emergency response:Section
12 states Grantee is responsible for being Title:Notary Public
familiar with the'one-call"system;Section
13 addresses safety;Section 14 deals with My appointment expires:05-16-2019
movement of Grantee's telecommunications
facilities for others;Section 15 speaks to
acquiring new telecommunications facilities; f
Section 16 addresses dangerous conditions
and authority at 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,