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2008-09 O~DINANCE NO. 2008-09 AN O~INANCE G~NTING A LICENSE TO, AND AUTI-IOmZING TI-IE CITY lVIANAGE~ TO EXECUTE A LICENSE AG~ElVIENT "'-'ITI-I, TeG VI~GINIA, INC., TO USE FOR A FIVE (5) YEAR TE~lVI TI-IE PUBLIC RIGI-IT-OF-"'-'AY IN TI-IE CITY OF FAIRFAX, VI~GINIA FO~ TI-IE CONST~UCTION, OPE~TION, lVIAINTENANCE, REPAIR AND UPGRADE OF ITS TELECOlVIlVIUNICATIONS FACILITIES FO~ TI-IE PROVIDING OF TELECOlVIlVIUNICATIONS SE~VICES BE IT O~AINED BY THE CITY COUNCIL OF TI-IE CITY OF FAIRFAX, VI~GINIA that TCG VIRGINIA. INC.. and its successors, for a period of five (5) years from the date of full execution of a License Agreement substantially or the form attached to this ordinance, and subject to the conditions and restriction..s contained therein, is hereby authorized and empo"VVcred on a non-exclLlsive basis to construct" maintain, operate, remove" relocate or replace its Telecommunications Equipment under and through the public right-of- v..ruy V\l'"ithin. the corporate limits of the City of Fairfax, Virginia" as the same no",," exists or may hereafler be extended or altered", for the purpose of providing Telecornmun.icatioDs Services. The conditions or the License shall be as contained in that certain License Agreement attached to this Ordinance. BE IT FU~TI-IER O~AINED by the City Council of the City of Fairfax that the City l\I1anager is authorized and directed to execute a License Agreement containing the terms and conditions contained herein and substantially of the form attached to this Ordinarlce,. subject to such reasonable modifications as approved by the City Attomey. This ordinance shall become efTective as provided by la,^,,_ INTRODUCED: :M:ay 13.2008 PUBLIC HEAR~G: :M:ay 27,2008 ADOPTED: :M:ay 27.2008 ATTEST: --;/h/'~~ City Clerk Votes Councilmember Cross Councilman Greenfield Councilmember Lyon Councilman Rasmussen CouncilmaJ:1 Silverthome Councilmember VVinter Aye Aye Aye Aye Aye Aye