19820720 1982-25 ORDINANCE NO. 1982-25
AN ORDINANCE GRANTING A FRANCHISE TO Chesapeake and
Potomac Telephone Co of Va ITS SUCCESSORS AND ASSIGNS, TO USE
FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED THE
STREETS AND OTHER PUBLIC PLACES OF THE CITY OF FAIRFAX,
VIRGINIA, FOR ITS POLES, WIRES, CONDUITS, CABLES AND
FIXTURES FOR THE PROVISION OF TELEPHONE COMMUNICATION
SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF
FAIRFAX AS THE SAME NOW EXIST OR MAY HEREAFTER BE
EXTENDED OR ALTERED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,
VIRGINIA, that Chesapeake and Potc~ac Telephone Cc~pany of Virginia ,
(hereinafter referred to as the Company) its successors and
assigns, for a period of thirty (30) years subject to the
conditions herein stated be and is hereby authorized and
empowered to construct, maintain and operate its posts, poles,
conduits, manholes, ducts, cables, wires and all other necessary
overhead and underground apparatus (hereinafter col lectively
called "equipment") on, over, along, in, under and through theI
streets, alleys, highways and other public places within the/
corporate limits of the City of Fairfax, Virginia as the same now~
exist or may hereafter be extended or altered, for the purpose of
providing telephone communication services; and to use the
property of other companies and to permit other companies to use
its property upon such arrangements as the two companies may
agree.
The conditions of this franchise are as follows:
SECTION 1. All equipment erected by the Company shall be
neat and symmetrical, and shall be so located as in no way to
interfere with the safety or convenience of persons traveling on
or over the said streets, alleys, highways and other public
places. In the installation and maintenance of its equipment,
the Company shall not open or encumber more of any street, alley,
highway or other public place than will be necessary to enable it
to perform the work with proper economy and efficiency.
SECTION 2. The installation or erection of equipment under
the provisions of this Ordinance shal 1 be subject to the
supervision of the City Manager or his designee and the Company
shall replace and properly relay any sidewalk, street pavement or
repair any other property owned by the City which may have been
displaced or damaged by it in the construction and maintenance of
its system.
1982-25 -2
SECTION 3. The Company shall, when so requested by the City
Council, permit space on one (1) crossarm of its poles or in one
(1) duct or conduit to be used without compensation by the City
for the purpose of placing thereon any traffic lighting, cable:
for traffic lighting and signs. Such use by the City shall not
interfere with the proper use of said poles and other overhea~
structures by the Company. The location and character of sai(
traffic lighting, cables for traffic lighting, and signs shall be
subject to the approval of the Company. The City shall indemnify
and save harmless the Company from any and all loss, damage, cost
or expense to or which may be incurred by the Company, or to
which it may be subjected by reason of, or as a result of, the
use of said poles and other overhead structures by the City as
provided herein.
Provided there is sufficient space upon its poles, the
Company shall permit its poles and other overhead structures to
be used by the City's Cable Television Franchisee upon payment of
appropriate compensation to the Company and receipt by Franchisee
of al 1 governmental approval s. The Franchisee shal 1 not
interfere with the proper use of said poles and other overhea(
structures by the Company, and that the location and character of
wires and fixtures of the Franchisee shall be subject to the
approval of the Company. Nothing contained herein shal 1 be
construed to require the Company to erect new poles or other
overhead structures or maintain existing poles or other overhead
structures solely for use by the City's Cable Television
Franchisee. The Franchisee shall indemnify and save harmless the
Company from any and all loss, damage, cost or expense to or
which may be incurred by the Company, or to which it may be
subjected by reason of, or as a result of, the use of the
Company's poles and other overhead structures by the Franchisee
as provided herein.
SECTION 4. In the event the City determines it to be
necessary, the City may require the Company to remove or relocate
any equipment on public property to public property. The Company
shall not be entitled to payment of any portion of the cost from
the City either directly or indirectly. The Company shall bea~
1982-25 -3
all expense of such removal or relocation provided the City will
issue, without charge to the Company, whatever City permits are
required for relocation of the Company's equipment. The Company
shall use its best efforts to remove or relocate said equipment
within ninety (90) days of notification unless the City Manager
for good cause extends such time.
SECTION 5. The Company shall maintain all of its equipment
in good and safe order and condition; and shall at all times
fully indemnify, protect and save harm less the City from and
against all claims arising from any act or omission of the
Company during the term of this franchise. In furtherance
whereof the Company shall first execute a bond in the amount of
$1,000.00 with a good and sufficient surety in favor of the City
of Fairfax, to secure the obligations of the Company hereunder.
SECTION 6. The Company and its agents shal 1 take all
prudent action to avoid damage or injury to pipes, cables,
fixtures or installations of the City and of other utility
services, particularly those installations whose disruption can
cause hazards or danger to persons or property. In the event
such damage or injury occurs, the Company shall notify the
appropriate public safety department and shal 1 cooperate and
contribute its capabilities to the extent necessary to remove any
hazards and repair any damage.
SECTION 7. Tree trimming and pruning shall occur only after
advance notification to the City. In addition, the type of and
extent of trimming and pruning shall be in accordance with the
requirements of the State Corporation Commission and shall be
approved by the City Horticulturalist.
SECTION 8. Nothing in this Ordinance shall be construed to
grant unto the Company any exclusive right or to prevent a grant
of similar privileges to other companies.
SECTION 9. The sections, paragraphs, sentences, clauses and
phrases contained in this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional or otherwise invalid by a
valid judgment or decree of a court of cc~petent jurisdiction,
1982-25 -4
such unconstitutionality or invalidity shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections
of this Ordinance.
SECTION 10. This Ordinance shall be effective immediately
upon its passage by a three-fourths affirmative vote by the
members of City Council. (passed 5-0)
INTRODUCED: July 13, 1982
ADOPTED:
TESTE:
July 20, 1982