03-068 ~ ~
Ci4y of Spokane Vall~y ~ 1107 Er ~rague,
S "s 5pokane' ~!A 9920G
(509~ , .-1DOD
NOTICE 0~ (?RpINANC~ 69 PASS~a BY SPQKANE
VALLEY CITY COUNCiL Th~ following is ih,e title and
summary ol i~rdinance fi8 passed by ihe Cily of Spo-
kane Vall~y City Council on the 27Yh day ~f h+tay. ~003.
AN ~RDINANCE OF TH~
CITY OF 5P01(ANE UALI.EY, SPOKANE
C0~lNTY, WAS~iINGTOM, GRAN7ING A Nt7N-
E7(CLUSIUE FitANCHISE TO EMRN NE7WORKS TO CONS1'RUCT,
MAINTAIN AMQ ~PERATE CERTAlN FACILITRES
WITHIN THE RfGHT-OF-WAY AMD
PUBUC PROPERTIES TNE CiTY OF
SP4KANE VALLEY.
Ths introducsqry para- ~ra~ahs ~e9ale to the authari• *F~d~i'al T~X 1D N0. 91-0420030
zaiio+~ amd process (or gran€- ing nomexclusive franchises ~or u~~ ot ~ua~~G pEOpe~t~. AFFIDAVIT QF PUBLICATI~N
Se~tion 1 provides d~fini-
i tions used 'cn the ordin~nce. 5e~tion 2 pravi~es the STATE 4F WASMINGTON
grant oi norr~exclusive iran- ~n"9~,° County af Spokane ss.
Seclfon 3 provides that no + iranchise 1ee t~ be chargeci
fcar term ai #ranchise. 5eetibn a«i~,~5 tQ c~,~ Name: City of Spokane Valley Acct: C042365
use oi tscilities. Seclian 5 r~~ates to Grant~ ee responsit~le for costsl ex- P,4i [1~p, Lines; 166
p~nses a1 permits, ins{aec- tions, et al. '
Section fi rekates io non• ~~~~u~~~~ty nf ~~~~~n~$~. Total Cos#: $ 2~8.92 Lag No: SR5183
5ection 7 r~laies to non- interference wikh existing
facilities. Section e prav~~es ihat Jill L~ang
`°ads "'a'~ea bY do s~lemnly swear that I am t~e Pr~ncipal Clerk af t~e SPOKESMAN-
ss~''°" s pr°~'~Q~ f°' REVIEW, a news a er established ar~d re ularl ublis~ed, ar~ee dates for commencemer~t at P P 9 y P ~ons~~~~t~o~. each day in the English language, in and of general circulation in the
Seetion 16 provides ca~- ~cru~t~nn 5~~~aar~~. City of Spokane, S~akane Caunty, Washir~gton; and in the City of
Section 11 provides ior spe- CO~~r d~~,{@n~ K , , cial consiruc~ion standarda , QO~eRal CO1111t~1 (~af10' t~l~~ S~I(~ f1~W5p8~~~' ~l~S
s~~''°" ~z «'a'~~ fes'°- been sa established and regularly published and has had said general ration a(ter cor.struccian.
Sectiael3relatestadiscov- CII'Cll~~~1411 C~I1tI~1110US~J1 f0~ ff1fJ~E t~lc~~1 SIX CTIOt1t~1S pl'IQI" t0 the ~~I'd ery and cure far damage ia
c~t~~r~~e~u. , day of July, 1941; that said newspaper is printed in an affice s~`t'°"'aP~°v'd~stt°'p~°- maintained at its place of publication in the City af Spokar~e
tecEion a( monumen,s. , Secl9on 15 reiates ta drain- ~f~f aSI11~k[~t~~l; that said newspaper was approved and designated as a
s~~c~a~ ~s rel~tes sa re- I8(~aI newspaper by order of ihe Superior Court of the State of qu~~~~,~n1 or ab~t~u~t~a~ Washingtar~ fQr Sp~kane Gounty on the 23rd day of July, 1941, and
psrmits. s~`'°" "`e~a`ES ~a~'~'` that ~aid order has not been revaked and is in full forc~ and effect~
ties maintenan~e. ~ , s~~t'°" ~$`e'a'~S'° ~r°"'d- that the notice attached hereta and which is a park of the proofi of
~ ing anc~ adt~aring ta Emer- ge~GY rnaR~s~m~~t P~~~. publ~catian, was published in sai~ newspaper, one time(s), the
Secfioc~ 19 Relates to emer• gency work khat may need publication having been made ance each time on the fallowing dates:
to be done on facilities, $ection 2!3 relates t~ need
ior a one-call sysiem. Saclfon 21 relates ta inspec- I t;o~s and fees. JUn@ 3, ~Of~3
Section 21 requ;~es adher- ~ ~~~ce ~afetv ~u~d~~a~es. That said notlCe was pUblish~d in the reguiar and entlre issUe Of every
Seciian 23 relates to notice rm~ ~,o~;,,~ bu;,~;n~S b~ number of t~e paper during the p~r~ad of time vf publication, and that
pU~~'C. the notice was published in the newspaper praper and nok in a 5ection 24 relates to acquis-
~ ition of new facili4ies by ~upplement. ~ Grantee.
Sectian 25 relates to ih~ au- thority of the C~ty Eo abate
da~9~~o~~ ~0~,~~1~ons. Subscribed and swarn before me at ~ity of S~okane, this 3 day Section 26 requires adher• Of .~UnE 2~Q3 . ence to applicable regula- ~
tions relating t~ hazardous ~I~~~ materials. ' ^ ~
Sectlon 2T requires ad#~er- ~~'`-yLi~/YriG4~~c,~-~ ~`L ~~SIC7tJ ri~' ~nce to environ~mental laws ~ ~
~~d ~~~e~ ~e~u~~c~~ns. Notary Pubiic ~n and far the State of Washi n, ~ N~~~~ Sectican28relatestore6oca-' (~:Q a~~~Y fi~.~
,,o„ A~ fa~;,;t;es. residi~g in Spokane ~ounty, Washington U~ :Q S~ction 29 relates ta the
aban~onment af facilities by ~i "C Grantee. ~ PUBtIC Q? f'~?~
Seclion 30 relaRes tp re- y•~'~A cards Grantee is ta prqvide J'~••~~~ the City, and the public Re•
cc~r~+sAct. ~aF W~,S~'~~~ Sectian 31 rela4es #a Gmita-
tien c,rs fut~are wark in cer• l3in CirC~srrlstanC~s.
Ssatian 32 provides far rern- edles to enlorce ccrm-
~Eiar,ce. . Section 33 City's ability to
enact ordinances to ee}fores tr~nch~se no8 limiied.
Section 3~I rel~tes ro uaca- tipn gf City streets_ Se~iion 35 relate~s to inderp•
nif;calion hy Grantse. Section 3f~ relates to provi-
siort af insurance ~gainsl damage und~r lranchise.
Saction~ 37 relaies to papvi~ sion of bond.
5ection 38 relates to reser- vation af right to mod+fy
fran~his~. Section 34 relates tv ri~ht
by City ta modily iranci~ASe ta comply with new regulations.
Section 40 relates to :i~M of iprfeiture and revoeatsan
of franchise b City. Seclion 41 re~ates ta condi-
I tions for assignment or ~ transter o6 franchise.
Section 42 reiakes to costs ai pul~licatipr~.
Section 43 relates to date oi acccptence of #renchise
by Grankee. $eCfion 44 relates ta s~rviv-
al oi certaon ~ections upon terminalion pi franchise. Sectian 45 providas for a
severahility clauss. Sectlon 4fi provides for re-
newai ai the franchise. Section A7 provi~es far no-
tic~ under 4ha franchisae. Section provides for
chaice qf I~w. S~ction 49 provides for
non-waiwer of righis by City. Seciion SO ~tfOYldeB that
fhe franchise is the ent~se agreement o~ ihe parties ~eclion 51 states this Ordi-
nance sheMl be in full force ~nd eff~ct on publicat+an of '
khe fJrclinance 5urnmary.
The iull text of the C7rdi-
nance is available at the City A# Spakane Vnlley City
affices a5 identified abave. A copy will be meiled out
upon request.
!sl Rukh Mutlar Interim Cety Clerk
PubSlshed 7une 3, 2403 5R57&3 ~
1
~
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley, WA 99206
(509) 921-1000
NOTICE OF ORDINANCE 68 PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of Ordinance 68 passed by the City of Spokane
Valley City Council on the 27~' day of May, 2003.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKA.NE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO EMAN
NETWORKS TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN
FACILITIES WITHIN THE RIGHT-OF-WAY AND PUBLIC PROPERTIES OF
THE CITY OF SPOKANE VALLEY.
The introductory paragraphs relate to the authorization and process for granting non-
exclusive franchises for use of public property.
Section 1 provides definitions used in the ordinance.
Section 2 provides the grant of non-exclusive franchise to Grantee.
Section 3 provides that no franchise fee to be charged for term of franchise.
Section 4 relates to City use of facilities.
Section 5 relates to Grantee responsible for costs/expenses of permits, inspections, et al.
Section 6 relates to non-exclusivity of franchise.
Scction 7 relates to non-interference with existing facilities.
Section 8 provides that right to roads not waived by City.
Section 9 provides for dates for commencement of construction.
Section 10 provides construction standards.
Section 11 provides for special construction standards.
Section 12 relates to restoration after construction.
Section 13 relates to discovery and cure for damage to City property.
Section 14 provides for protection of monuments.
Section 15 relates to drainage.
Section 16 relates to requirement of obstruction permits.
Section 17 relates to facilities maintenance.
Section 18 relates to providing and adhering to Emergency Management Plan.
Section 19 relates to emergency work that may need to be done on facilities.
Section 20 relates to need for a one-call system.
Section 21 relates to inspections and fees.
Section 22 requires adherence to safety guidelines.
Section 23 relates to notice for moving buildings by public.
Section 24 relates to acquisition of new facilities by Grantee.
Section 25 relates to the authority of the City to abate dangerous conditions.
Seetion 26 requires adherence to applicable regulations relating to hazardous materials.
, i
•
Section 27 requires adherence to environmental laws and other regulations.
Section 28 relates to relocation of facilities.
Section 29 relates to the abandonment of facilities by Grantee.
Section 30 relates to records Grantee is to provide the City, and the Public Records Act.
Section 31 relates to limitation on future work in cerlain circumstances.
Section 32 provides for remedies to enforce compliance.
Section 33 City's ability to enact ordinances to enforce franchise not limited.
Section 34 relates to vacation of City streets.
Section 35 relates to indemnification by Grantee.
Section 36 relates to provision of insurance against damage under franchise.
Section 37 relates to provision of bond.
Section 38 relates to reservation of right to modify franchise.
Section 39 relates to right by City to modify franchise to comply with new regulations.
Section 40 relates to right of forfeiture and revocation of franchise by City.
Section 41 relates to conditions for assignment or transfer of franchise.
Section 42 relates to costs of publication.
Section 43 relates to date of acceptance of franchise by Grantee.
Section 44 relates to survival of certain Sections upon termination of franchise.
Section 45 provides for a severability clause.
Section 46 provides for renewal of the franchise.
Section 47 provides for notice under the franchise.
Section 48 provides for choice of law.
Section 49 provides for non-waiver of rights by City.
Section 50 provides that the franchise is the entire agreement of the parties.
Seetion 51 states this Ordinance shall be in full force and effect on publication of the
Ordinance Summary.
The full text of the Ordinance is available at the City of Spokane Valley City offices as
ide ' bove. A copy will be mailed out upon request.
i
Ruth Muller
Interim City Clerk
Published:
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