Avista Corporation, its successors and assigns, is hereby granted a franchise for the purposes identified below, subject to the following terms and conditions.
A. Term: The rights, privileges and franchise are hereby granted to, and conferred upon the grantee, as the grantee has made a long term investment in constructing, maintaining and operating the electric utility system in and upon the streets, alleys, and public rights of way of the grantor, as necessary to provide electric service to the citizens of the grantor. Use of other public lands of grantor may be permitted without additional charge in the sole discretion of the discretion of the city upon determination that such facilities can be installed and operated without impairment of the public value of the lands in question. This franchise shall, unless it is sooner terminated, as herein provided, extend for a term of twenty five (25) years.
B. Nonexclusive Franchise: This franchise is not, and shall not be deemed to be, an exclusive franchise. This franchise shall not in any manner prohibit the grantor from granting other and further franchises over, upon, and along the franchised area that do not interfere with grantee's rights under this franchise. This franchise shall not prohibit or prevent the grantor from using the franchised area or affect the jurisdiction of the grantor over the same or any part thereof.
C. Franchise As Contract: This franchise shall have the effect of and shall be a contract between grantor and grantee and shall be the measure of the rights and liabilities of the grantor as well as of grantee. Both grantor and grantee shall have input and discussion prior to the final passage of this franchise.
D. Effect Of Invalidity: The franchise is granted pursuant to the laws of the state of grantor relating to the granting of such rights and privileges by grantor. If any article, section, sentence, clause, or phrase of this franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the franchise or any of the remaining portions. The invalidity of any portion of this franchise shall not abate, reduce, or otherwise affect any obligation required of grantee. (Ord. 505, 9-12-2006)