Loading...
19980707 1998-20ORDINANCE NO: 1998-20 UNCODIFIED ORDINANCE EXTENDING CABLE TELEVISION FRANCHISE AN UNCODIFIED ORDINANCE TO EXTEND FOR FIVE MONTHS UNTIL DECEMBER 12, 1998, THE CABLE TELEVISION FRANCHISE PREVIOUSLY AWARDED TO MEDIA GENERAL CABLE OF FAIRFAX COUNTY, INC. BY ORDINANCE NO. 1983- 22, ON JUNE 14, 1983, AS LISTED IN APPENDIX A OF THE CODE OF THE CITY OF FAIRFAX BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that the following uncodified ordinance is adopted as follows: Whereas, the City Council of the City of Fairfax, Virginia ("Council") has granted a cable Ielevision 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 ("City") pursuant to Franchise Agreement between the City and Media General Cable referenced in Ordinance No. 1983-22, 14, 1983, as listed in Appendix A to the code of the City of Fairfax (collectively referred to as the "Franchise Documents"); and Whereas, the Council and Media General Cable (collectively referred to as "Parties") currently are the renewal of the existing Franchise; and Whereas, the Parties have agreed to an extension of the current Franchise by five months in order to additional time for the Parties to complete the renewal process and to take such other actions as may to resolve the issues related to franchise renewal; and Whereas, Media General Cable and Media General, Incorporated, as the guarantor of the Franchise, ;ented to the terms of this extension as evidenced by their written acceptance of this extension in accordance with the third enactment clause of this Ordinance. NOW, THEREFORE, in consideration of the promises and undertakings herein, the receipt and of which are hereby acknowledged, be it ordained that: The Franchise awarded to Media General Cable which is scheduled to expire on July 12, 1998, is amended to extend the expiration date from July 12, 1998, to December 12, 1998, and the Franchise ts are hereby amended, mutatis mutandis, to extend the expiration date of the Franchise awarded to General Cable from July 12, 1998, to December 12, 1998. l(a). During the period from July 12, 1998, through December 12, 1998, all other terms and conditions let forth in the Franchise Documents shall continue in full force and effect. l(b). This extension shall be without prejudice to any rights of either party under the federal Cable cations Policy Act of 1998, as amended, and codified at 47 U.S.C. § 521 et seq. For example, and way of illustration and not limitation, any rights Media General Cable may have already asserted under 47 U.S.C. § 546 (a) need not be asserted again and are not affected by this extension. this extension shall not be read to give Media General Cable additional rights or opportunities to the provisions of 47 U.S.C. § 546 (a)-(g), or to require the City to reconduct heatings or other taken in conjunction with any renewal proceedings under the current Franchise. No claim either Party may have against the other shall be released or otherwise affected by this extension. 2. This Ordinance is expressly conditioned upon the timely written acceptance of this extension of the by Media General Cable and Media General, Incorporated, as Guarantor of the Franchise. Failure provide timely written acceptance in the manner described below shall render this Ordinance null and 3. This Ordinance shall become effective upon the timely delivery to the City Clerk of a written this extension of the Franchise by Media General CaNe and Media General, Incorporated, as of the Franchise. The written acceptance required by this enactment clause shall be received by City Clerk no later the July 12, 1998. 1998-20 -2 This ordinance shall become effective as provided by law. June 9,1998 PUBLIC HEARING: July 7, 1998 ENACTED: July 7, 1998 Vote T. Coughlan J. Greenfield R. Lederer C. Petersen G. Rasmussen S. Silverthome aye ..aye aye aye aye aye ATTEST: Acting City Clerk0 MAYOR