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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