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19820601 1982-18 1982-18 AN ORDINANCE To provide for the grant by the City of Fairfax, Virginia, to a person or persons, or to a corporation, its successors and assigns, hereafter to be ascertained in the mode prescribed by law, of the right to use for the term and upon the conditions herein stated, the streets and other public places of the City of Fairfax for his, her, their or its poles, wires, conduits, cables, 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 COUNCIL OF THE CITY OF FAIRFAX: Article I. That there shal 1 be granted in the mode prescribed by law for franchise grants and upon the conditions hereinafter specified, the rights and privileges in, over, along, on and under the streets and other public places of the City of Fairfax embodied in the following draft of an ordinance entitled: ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO , 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 (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 the 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. 1982-18 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. 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 cc~pensation by the City for the purpose of placing thereon any traffic lighting, cables for traffic lighting and signs. Such use by the City shall not interfere with the proper use of said poles and other overhead structures by the Company. The location and character of said 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 overhead structures by the Company, and that the location and character of 1982-18 -3 wires and fixtures of the Franchisee shall be subject to the approval of the Company. Nothing contained herein shall 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 Tel evi sion 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 bear 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 harmless 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 1982-18 -4 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 competent jurisdiction, 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. Article II. Upon the approval of this Ordinance by the Council the City Clerk shall cause to be advertised once a week for four successive weeks, in The Fairfax Journal the draft of the Ordinance contained in the foregoing sections, and an invitation for bids with said Ordinance as follows: The City of Fairfax, Virginia, hereby invites bids for the franchise proposed to be granted in the following Ordinance, to be duly passed by the City Council and approved by the Mayor on the day of , 19 . The bids are to be in writing and delivered to the Mayor and the Council of said City in open session, to be held in Council Chambers in said City on the day of , 19 , at o'clock, p.m. All bids shall be accompanied by a certified check 1982-18 -5 payable to the City in the full amount of the bid. The City reserves the right to reject any and all bids. The successful bidder shall pay the cost of advertising for the franchise. This Ordinance shall become effective immediately upon its adoption. INTRODUCED: May 25, 1982 ADOPTED: June 1, 1982 TESTE: MAYOR