THIS AGREEMENT may be referred to as the “City of Spokane, Washington/Comcast Cable Communications, Inc. Cable Communications Franchise Agreement (hereinafter “Agreement” or “Franchise Agreement”).”
The definitions set forth in Section 10.27.040 of Chapter 10.27 shall be applicable to the same terms as used in this Agreement.
There is hereby granted by the City to the Franchisee, for a period of ten (10) years from and after the effective date of this Agreement, the right, and privilege to have, acquire, construct, reconstruct, use, operate, own and Maintain a Cable System for the entire area of the City, subject to applicable law, to the terms and provisions of Chapter 10.27 and to the conditions and restrictions as hereinafter provided. No privilege or power of eminent domain is bestowed by this grant of authority.
Consistent with the provisions of the City Charter, the City hereby grants to Franchisee the authority to use the City’s public Streets, sidewalks, easements (where reserved) and other rights-of-way for the purposes of this Agreement.
The grant of authority for use of the City’s public Streets, sidewalks, easements and other rights-of-way, as conferred in Section 4 hereof, is not exclusive and does not establish priority for use over other franchise holders, permit holders and the City’s own use of public property. Nothing in this Agreement shall affect the right of the City to grant to any other person a similar franchise or right to occupy and use the Streets, Public Ways or public places or any part thereof for the erection, Installation, construction, reconstruction, operation, Maintenance, dismantling, testing, repair or use of a Cable Communications System within the City. Franchisee hereby acknowledges the City’s right to make such grants and Franchisee hereby releases to the City, Franchisee’s right, if any, to contest or impair the City’s right or decision to grant such other franchises or rights, except that Franchisee may allege that the grant of other franchises or rights has deprived Franchisee of its right to equal protection of the laws under the constitution of the United States or the State of Washington. Additionally, the Franchisee shall respect the rights and property of the City and other authorized Users of public Streets, sidewalks, easements and rights-of-way. Disputes between the Franchisee and other parties over the use, pursuant to this Agreement, of the public Streets, sidewalks, easements and other rights-of-way shall be submitted to the City Engineer for resolution.
This Agreement is in lieu of any and all other contractual rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by Franchisee or any successor pertaining to the construction, operation, modification or Maintenance of a Cable System in the City. The acceptance of this Agreement shall operate as between Franchisee and the City as an abandonment of any and all such contractual rights, privileges, powers,