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2014-05 ORDINANCE NO. 2014-05 MARCH 31, A AN ORDINANCE RENEWING AND GRAFRANCH SET O COXCOM LLC DB/A NONEXCLUSIVE CABLE TELEVISION COX COMMUNICATIONS NORTHERN VIRGINIA. WHEREAS, Ordinance No. 1998-35, adopted by the City Council of the City of Fairfax, Virginia, granted to Media General Cable of Fairfax County, Inc. for a period of fifteen (15) years the right to operate and maintain a cable system within the corporate limits of the City of Fairfax (the "Existing Franchise"); and WHEREAS, Ordinance No. 1999-22, adopted by the City Council of the City of Fairfax, Virginia, amended the Existing Franchise to reflect the acquisition of the local assets of Media General Cable by CoxCom, LLC ("Cox"); and WHEREAS, the City has engaged in negotiations with Cox to renew the Existing Franchise tions for such and the parties have finalized an agreement memorializing terms having been lundertaken in renewal for a period of ten (10) calendar years, process accordance with applicable local, state and federal law, including, without limitation, 47 U.S.C. § 546; and WHEREAS, the public has had the opportunity to comment on the terms of the proposed renewal agreement at a public hearing held before the City Council. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia,that: 1. The City Council hereby finds and determines that Cox has performed under the Existing Franchise in reasonable compliance with the terms of the Existing Franchise and in accordance with the standards imposed by Chapter 94, Article III of the Code of the City of Fairfax,Virginia hatethel propose/d. "Cable 2. The City Council hereby finds and determines Franchise Agreement between the City of Fairfax, Virginia and CoxCom, LLC d/b/a Cox Communications Northern Virginia" in the form attached to this ordinance as Exhibit "A" (the "Franchise Agreement"), Existing tip the terms adequate and that it is advisable to renew the g Franchise and conditions set forth in the Franchise Agreement. 3. The City Council hereby renews the Existing Franchise and approves and on March 31, grants the franchise to Cox for a period of ten (10) and execute tithe Franchise 2024, and authorizes the City Manager to finalize subject to the concurrence of the City Attorney. This ordinance shall become effective as provided by law. INTRODUCED: March 11, 2014 PUBLIC HEARING: March 25, 2014 ENACTED: March 25, 2014 YE-tr7/1 Mayor . 72--7//q Date ATTEST: Ci y Clerk Votes Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye