19981124 1998-35ORDINANCE NO.1998- 35
AN ORDINANCE RENEWING THE FRANCHISE AWARDED TO
MEDIA GENERAL CABLE OF FAIRFAX COUNTY, INC.,
FOR A NON-EXCLUSIVE CABLE TELEVISION SYSTEM
FOR THE CITY OF FAIRFAX, VIRGINIA
WHEREAS, the City Council of the City of Fairfax, Virginia ("City Council"), has
previously granted a non-exclusive cable television franchise ("Franchise") to Media General
Cable of Fairfax County, Inc. ("Media General Cable") to erect, construct operate and maintain
a cable television system in the City of Fairfax, pursuant to the Franchise Agreement between
the City and Media General Cable ("Original Franchise Agreement") referenced in Ordinance
No. 1983-22, dated June 14, 1983, as listed in Appendix A to the Code of the City of Fairfax,
Virginia; and
WHEREAS, by uncodified ordinance dated July 7, 1998, the City Council and Media
General Cable previously extended the franchise to December 12, 1998, to allow for
negotiation of the terms of renewal of the Franchise; and
WHEREAS, the City and Media General Cable have negotiated the terms of renewal of the
Franchise and have incorporated the same into a new Cable Franchise Agreement, a copy of
which is marked "Exhibit A"; and
WHEREAS, the City Council has on November 24, 1998, held, in the manner prescribed by
law, after first having given notice of its intention to do so, a public heating on the issue of
renewal of the Franchise.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that having found that Media General Cable has been in substantial compliance with
the terms of the Franchise and that the renewal of the non-exclusive franchise herein awarded
to Media General Cable will serve the public interest, the franchise for a cable television
system previously awarded to Media General Cable is hereby renewed for a period of fifteen
(15) years, subject to the following terms and conditions, all of which are made a part hereof by
reference, and strict conformance with all provisions of this ordinance:
mo
Chapter 5.1 of the Code of the City of Fairfax, as amended. To the extent any
provisions in Chapter 5.1 of the Code of the City of Fairfax conflict with the new Cable
Franchise Agreement, the terms of the Cable Franchise Agreement shall control.
B. A signed Cable Franchise Agreement, a copy of which is marked "Exhibit A," and strict
compliance with all terms therein, including payment of the specified Acceptance Fee.
C. A signed Security Agreement, a copy of which is marked "Exhibit B," and a signed
"Guarantee of Performance," a copy of which is marked "Exhibit C."
BE IT FURTHER ORDAINED, that the franchise renewal being granted by this ordinance,
if not accepted by Media General Cable of Fairfax County, Inc., within thirty (30) days hereof,
shall thereupon be void and of no legal effect.
1998-35
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BE IT FURTHER ORDAINED, that the franchise renewal must be accepted by
performance of all of the following:
a. Delivery of a writing stating the acceptance of such franchise.
b. Performance of all acts required by Chapter 5.1 of the Code of the City of Fairfax, as
amended, for the renewal of a franchise.
c. Delivery of a signed Security Agreement, a copy of which is marked "Exhibit B."
d. Delivery of a signed Guarantee of performance, a copy of which is marked "Exhibit C."
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, and the city manager shall maintain a
record of any such changes or amendments.
This ordinance shall become effective at 12:01 a.m. on December 12, 1998.
INTRODUCED: November 10, 1998
PUBLIC HEARING: November 24, 1998
ENACTED: November 24, 1998
VOTE
T. Couglan Aye
J. Greenfield Aye
R. Lederer Aye
J. Petersen Aye
G. Rasmussen Aye
S. Silverthome Aye
ATTEST:
Mayor
Date