Ordinance 20-029 Comcast FranchiseCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 20-029
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE CABLE FRANCHISE TO COMCAST
CABLE COMMUNICATIONS MANAGEMENT, LLC TO CONSTRUCT, MAINTAIN AND
OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY
OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive
franchises for the use of public streets, bridges or other public ways, structures or places above or below
the surface of the ground for railroads and other routes and facilities for public conveyances, for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and
distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and
WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any
franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day
of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being
submitted to the city attorney, nor without having been granted by the approving vote of at least a majority
of the entire legislative body, nor without being published at least once in a newspaper of general circulation
in the city before becoming effective;" and
WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and
WHEREAS, the Council finds that the grant of franchise contained in this Ordinance, subject to its
terns and conditions and chapter 3.65 SVMC, is in the best interests of the public, and protects the health,
safety, and welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Grant of Franchise. The City hereby grants to the Comcast Cable Communications
Management, LLC, (hereinafter "Grantee"), a non-exclusive franchise authorizing the Grantee to construct,
maintain, and operate a cable system in the rights -of -way such facilities and other related property or
equipment as may be necessary or appurtenant for the deployment of cable television services in
the City pursuant to this Franchise and according to the Cable Act. The term of this franchise and all its
rights, privileges, obligations, and restrictions shall be 10 years from the effective date. However, upon
the fifth year anniversary date of the Franchise term, the Grantee has the option to provide written notice
to the City opting out of the remaining five years given a change in federal or State law which negatively
impacts the City's ability to regulate this Franchise. To exercise the option, the Grantee shall give the City
such written notice at least six months prior to the fifth year anniversary date of the Franchise term.
Section 2. Franchise Renewal. Any renewal of this Franchise shall be governed by and comply with the
provisions of the Cable Act (47 U.S.C. § 546) as amended.
Section 3. City ordinances and regulations, subsequent amendments. Nothing herein shall be deemed to
direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this franchise, including any reasonable ordinances made in the
exercise of its police powers in the interest of public safety and for the welfare of the public. In the event
Ordinance 20-029 Comcast Cable Communications Management, LLC Cable Service Franchise Page 1 of 4
the City amends chapter 3.65 SVMC during the term of this franchise such that it conflicts with this
franchise, the terms ofthe franchise shall control unless otherwise agreed in writing by the City and Grantee.
Section 4. Adoption by reference of chapter 3.65 Spokane Valley Municipal Code. This franchise
specifically adopts by reference as if fully set forth herein the entire chapter 3.65 SVMC relating to
regulation of cable television providers, which is in effect on the date Grantee accepts this Franchise.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
In the event that any of the provisions of the franchise are held to be invalid by a court of competent
jurisdiction, the City reserves the right to reconsider the grant ofthe franchise and may amend, repeal, add,
replace or modify any other provision of the franchise, or may terminate the franchise.
Section 6. Notice. Any notice or information required or permitted to be given by or to the parties under
this franchise may be sent to the following addresses unless otherwise specified, in writing:
City:
Grantee:
City of Spokane Valley
Attn: City Clerk
10210 East Sprague Avenue
Spokane Valley, WA 99206
Comcast Cable Communications Management, LLC
Attn: Franchising Department
1717 East Buckeye Avenue
Spokane, Washington 99207
Section 7. Choice of Law. Any litigation between the City and Grantee arising under or regarding this
franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal
courts, in the United States District Court for the Eastern District of Washington.
Section 8. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the
exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of
its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to
enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason
of such failure or neglect.
Section 9. Entire Agreement. This franchise, including adoption by reference of the terms contained in
chapter 3.65 SVMC relating to regulation of cable television providers, constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance
hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the
City roads as herein described.
Section 10. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the
franchise herein by filing with the City Clerk an unconditional written acceptance thereof and provision of
the performance bond pursuant to SVMC 3.65.280. Failure of Grantee to so accept this franchise within
said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein
granted shall, after the expiration of the 60-day period, absolutely cease unless the time period is extended
by subsequent ordinance passed for that purpose.
Ordinance 20-029 Comcast Cable Communications Management, LLC Cable Service Franchise Page 2 of 4
Section 11. Effective Date. This Ordinance shall be in full force and effect at least five days after
publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane
Valley as provided by law, and following acceptance by Grantee pursuant to Section 10.
PASSED by the City Council this 8th day of December, 2020.
Ben Wick, Mayor
ATTEST: ( iii1/1/1--t/4
fUthait
Christine Bainbridge, City Clerk
Approved as to Form:
TD
Office of/,1e Ci , A orney
Date of Publication: IT I g O
Effective Date: I'L
Ordinance 20-029 Comcast Cable Communications Management, LLC Cable Service Franchise Page 3 of 4
Accepted by Comcast Cable Communications Management, LLC:
By:
By: U
The Grantee, Comcast Cable Communications Management, LLC, for itself, and for its successors
and assigns, does accept all of the terms and conditions of the foregoing Franchise.
I WITH SS WHEREOF, � \if-0/1 ((6 (t4't ' S has signed this 1
day of (eGAAVQV , 2020.
Subscribed and sworn before me this L day. ofDti bC V , 2020.
tary Pt
esiding in
My commis
JEAN-PIERRE NEWSOME
Notary Public
State of Washington
License Number 115566
My Commission Expires
September 09, 2023
Ordinance 20-029 Comcast Cable Communications Management, LLC Cable Service Franchise Page 4 of 4