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2012-04 O RDINANCE NO. 2012-04 AN ORDINANCE GRANTING A LICENSE TO FIBERLIGHT OF VIRGINIA, LLC, TO USE FOR THE TERM AND UPON THE CONDITIONS STATED HEREIN THE PUBLIC RIGHTS -OF -WAY IN THE CITY OF FAIRFAX, VIRGINIA FOR CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND UPGRADE OF ITS TELECOMMUNICATIONS FACILITIES WITHIN THE CITY OF FAIRFAX, VIRGINIA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA (hereinafter referred to as "City ") that FIBERLIGHT OF VIRGINIA, LLC (hereinafter referred to as "FiberLight ") for a period of five (5) years, commencing on the effective date of this Ordinance, subject to the conditions and restrictions herein stated, is hereby authorized and empowered on a non - exclusive basis to construct, operate, maintain, repair and upgrade its Telecommunications Facilities within portions of the ' k City's public rights -of -way within the corporate limits of the City, as the same now exists or may hereafter be extended or altered. The conditions of the License shall be as contained in the License Agreement attached f j hereto, and incorporated herein, as Exhibit "A ". ii BE IT FURTHER ORDAINED by the City Council of the City of Fairfax that the City Manager is authorized and directed to execute the License Agreement, subject to the 11 concurrence of the City Attorney. j 1 This ordinance shall become effective as provided by law. Introduced: February 28, 2012 Public hearing: March 27, 2012 Enacted: March 27, 2012 Mayor / J Date ATTEST: 7 City Clerk Votes Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye