20050927 2005-16ORDINANCE NO. 2005 - 16
AN ORDINANCE GRANTING TO VERIZON VIRGINIA
INC., A CABLE FRANCHISE IN THE CITY OF FAIRFAX,
VIRGINIA AND AMENDING APPENDIX A OF THE CODE
OF THE CITY OF FAIR_FAX.
At a meeting of the City Council of the City of Fairfax held in the Council Chambers,
City Hall, Fairfax, Virginia on Tuesday, the 27th day of September, 2005, the Council, after
having first given notice of its intention to do so, in a manner prescribed by law, adopted this
ordinance awarding a cable franchise to Verizon Virginia Inc. for the City of Fairfax, Virginia
in accordance with Chapter 94 of the Code of the City of Fairfax, said ordinance reading in its
entirety as follows:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,
VIRGINIA, THAT:
The City Council has received an application from Verizon Virginia Inc. dated
September 6, 2005, seeking a cable franchise in the City of Fairfax and after a review
of the application and the holding of a public hearing, finds that the public welfare will
be enhanced by granting the requested cable franchise.
The City Council has determined that the application of Verizon Virginia Inc.
demonstrates that it has the financial resources and technical ability to construct and
operate a cable system in the City of Fairfax in accordance with the terms of the
"Cable Franchise Agreement By and Between the City of Fairfax, Virginia and
Verizon Virginia Inc." and Chapter 94 of the Code of the City of Fairfax. The City
Council has fimher determined that the cable franchise with Verizon Virginia Inc. will
have minimal effects on property fights and the public convenience.
The City Council has determined that the terms and conditions of the Verizon Virginia
Inc. cable franchise agreement are not more favorable or less burdensome than those
in the cable franchise agreement that the City granted to Media General Cable of
Fairfax County, Inc., which cable franchise is now held by Cox Communications
Northern Virginia, Inc., as successor in interest to the agreement.
Pursuant to Va. Code Ann. Section 15.2-2108, the City Council hereby accepts,
approves, grants, and awards to Verizon Virginia Inc. a non-exclusive cable franchise
to provide cable service to the City of Fairfax. The duration for this grant shall be
fifteen (15) years. The cable franchise agreement is incorporated into this ordinance.
The cable franchise agreement between the City of Fairfax and Verizon Virginia Inc.
is subject to the terms and conditions of Chapter 94 of the Code of the City of Fairfax,
as amended. To the extent any provisions of Chapter 94 of the Code of the City of
Fairfax conflict with the terms of the cable franchise agreement with Verizon Virginia
Inc, the terms of the cable franchise agreement shall control.
The grant of the cable franchise to Verizon Virginia Inc. is subject to the City's
receipt, no later than October 31, 2005, and in a form acceptable to the City, of(i) the
acceptance of the cable franchise, as set forth in Exhibit G to the cable franchise
agreement, signed by an authorized representative of Verizon Virginia Inc.; (ii)
certificates of insurance for each insurance policy required by Section 10 of the cable
franchise agreement; (iii) the performance bond required by Section 13 of the cable
franchise agreement; and (iv) the letter of credit required by Section 13 of the cable
franchise agreement.
If Verizon Virginia Inc. satisfies each and every condition set forth in Paragraph 6
above on or before October 31, 2005, then the cable franchise agreement shall take
effect on November 1, 2005.
o
If Verizon Virginia Inc. does not satisfy each and every condition set forth in
Paragraph 6 above on or before October 31, 2005, then it is not authorized to provide
cable service under the cable franchise agreement unless and until all such conditions
are fulfilled to the satisfaction of the City of Fairfax.
BE IT FURTHER ORDAINED, that the cable franchise must be accepted by Verizon
Virginia Inc. by the delivery of a written acceptance of such cable franchise.
BE IT FURTHER ORDAINED, that the City Manager shall have the right to make
minor changes or amendments to the cable franchise agreement prior to it being signed by the
City of Fairfax.
The ordinance shall become effective as provided by law.
INTRODUCED: September 13, 2005
PUBLIC HEARING: September 27, 2005
ENACTED: September 27, 2005
J. Cross
J. Greenfield
G. Lyon
G. Rasmussen
S. Silverthome
P. Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye
DATE
ATTEST:
City Clerk