City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.27A
Section 10.27A.640
 

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.640 Additional General Provisions

The following additional general provisions apply to a franchisee’s use of the public right-of-way, consistent with a franchise and other provisions of the Spokane Municipal Code.

  1. Pavement Cut Policy.

All patches in the public right-of-way installed by a franchisee shall be maintained by a franchisee as necessary.

    1. The city engineer has established a pavement cut policy for utility trenches in the public right-of-way. A franchisee shall comply with the City’s most current pavement cut policy for utility trenches at the time of an installation. A copy is maintained by the city engineer, available on request.
  1. Limited Access.

The City reserves the right to limit or exclude a franchisee’s access to a specific route or location in the public right-of-way when, in the judgment of the City, there is inadequate space, a pavement cutting moratorium, subject to the requirements of applicable law, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reasonable cause.

  1. No Duty – Acts Discretionary.

It is not the intent of chapter 10.27A SMC to acknowledge, create, imply or expand any duty or liability of the City with respect to its role as permitting authority, in the exercise of its police power or for any other purpose. Any City duty nonetheless deemed created shall be a duty to the general public and not to any specific party, group or entity. All City acts undertaken pursuant to this chapter shall be deemed discretionary, guided by considerations of the public health, safety, aesthetics and convenience.

  1. No Stock, Condemnation Value.

A franchisee shall not issue any capital stock on account of a franchise or the value thereof or claim an award in condemnation for the value of a franchise.

  1. Operations After End of Franchise.

If the City permits a franchisee to continue to operate after a franchise has expired, it remains subject to all terms and conditions as its franchise, until modified by mutual agreement.

  1. No Warranty of Title to Franchise Area.

Any franchise granted by the City is in the nature of any quitclaim, without warranty of municipal right, title or ownership in the public right-of-way. The franchise grant remains subject to the City’s power to vacate or release any City interest in the public right-of-way or other areas under the City’s ownership or control without consideration to franchisee.

  1. Successors.

Except as mutually agreed, the City reserves the right to invoke any or all provisions of a franchise upon the franchisee’s successors or assigns, judgment creditors, or distributees of franchisee’s property used in enjoyment of privileges conferred under a franchise, whether or not stated elsewhere.

  1. No Subletting.

A franchisee shall not permit installations or use by anyone else of its property in the public right-of-way without written approval from the City. Such approval shall not be in lieu of the City requiring a separate franchise or other requirements for the use of public right-of-way.

  1. Moving of Buildings.

Franchisee must comply with chapter 10.26 SMC relating to building moving or equivalent.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)