HomeMy WebLinkAboutMAY 1, 2007 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, AI-Large
VICE MAYOR LOUIS R. JONES, Bayslde - District.
WILLIAM R. DeSTEPH, At-Large
HARRY E. D1EZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, AI-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY A1TORNEY - LESLIE L. LIllEY
CITY CLERK - RUTH HODGES FRASER, MMC
1 MAY 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1.
CITY COUNCIL WORKSHOP
- Conference Room -
9:00 AM
A. RESOURCE MANAGEMENT PLAN
FY 2007-2008 Operating and Capital Budget
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL LIAISON REPORTS
IV. REVIEW OF AGENDA
V.
INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Richard J. Yates
Pastor, Beachlawn Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICA TION OF CLOSED SESSION
F. MINUTES
l.
2.
PUBLIC HEARING
INFORMAL and FORMAL SESSIONS
April 19,2007
April 24, 2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1, TAXI CAB REGULA TIONIRECIPROCITY ISSUES
1. PUBLIC COMMENT
1. HAMPTON ROADS TRANSPORTATION AUTHORITY (HRTA)
(City's Participation)
J. CONSENT AGENDA
K, ORDINANCES
1, Ordinance to AUTHORIZE the acquisition of a portion of property at the intersection of
Potters Road, Lynnhaven Parkway and Lynnhaven Road South from THUMMEL
ASSOCIATES, L.c. and DIRECT the City Manager to EXCUTE an agreement with
all documents pertaining thereto. DISTRICT 5 - L YNNHA VEN
2. Ordinance to AUTHORIZE a Franchise to CAVALIER IPTV, LLC., re the construction,
operation and maintenance of a Cable system within the City of Virginia Beach.
3. Ordinance to TRANSFER $3,900,000 within the FY 2006-07 School Board Operating
Budget:
a. $2,375,000 from Instruction to Operations and Maintenance
b. $500,000 from Instruction to Transportation
c. $825,000 from Instruction to Administration
d. $200,000 from Instruction to the School Cafeteria Fund
L. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
MINORITY BUSINESS COUNCIL
OPEN SPACE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Council Chamber at 6:00 p.m.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 02/03/2007mb
www.vbgov.com
I.
CITY COUNCIL WORKSHOP
- Conference Room -
9:00 AM
A. RESOURCE MANAGEMENT PLAN
FY 2007-2008 Operating and Capital Budget
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL LIAISON REPORTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
4:00 PM
B. ROLL CALL OF CITY COUNCIL
C, RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Richard J. Yates
Pastor, Beachlawn Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
2,
PUBLIC HEARING
INFORMAL and FORMAL SESSIONS
April 19, 2007
April 24, 2007
G. AGENDA FOR FORMAL SESSION
.tsulutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARING
1. TAXI CAB REGULA TIONIRECIPROCITY ISSUES
I. PUBLIC COMMENT
1. HAMPTON ROADS TRANSPORTATION AUTHORITY (HRTA)
(City's Participation)
City c>t Virgi:c1ia Beach
VBgov.com
OFFICE OF THE CITY MANAGER
(757) 385-4242
FAX (757) 427-5626
TOO (757) 385-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
April 12, 2007
Stan Slone
Yellow Cab of VA Beach
1661 Lolu Drive
Virginia Beach, VA 23464
Subject: Taxi Cab Regulation/Reciprocity Issues
Dear Mr. Slone:
Over the past weeks, City staff has been working through the issues of taxi cab regulation in
Virginia Beach and Norfolk. In particular, staff has been reviewing the City Code surrounding
public agency contract language and reciprocity between Virginia Beach and Norfolk.
On April 10th, City staff briefed City Council with an explanation of the taxi companies' position
as well as a recommendation from City staff:
1) Eliminate Public Agency Contracts in Virginia Beach (do not allow them).
2) Insert reciprocity language that would allow any out-of-town taxi to pick up
passengers in Virginia Beach only if the out-of-town cab is from a locality that
extends the same provision to Virginia Beach.
3) Do not limit the number of taxi companies allowed to operate, or require a public
hearing to add new taxis in Virginia Beach. These points were raised by the taxi
industry, and City staff does not recommend these changes,
The City Council would like to hold a public hearing on this issue to hear from all interested
parties on staff's recommendations. The public hearing will be held on Tuesday May 1 S\ at 6
PM in the City Council Chambers. If you have any questions, please contact Matt Bosse at
385-1943.
CWM/mb
J. CONSENT AGENDA
K. ORDINANCES
1. Ordinance to AUTHORIZE the acquisition of a portion of property at the intersection of
Potters Road, Lynnhaven Parkway and Lynnhaven Road South from THUMMEL
ASSOCIATES, L.C. and DIRECT the City Manager to EXCUTE an agreement with
all documents pertaining thereto. DISTRICT 5 - L YNNHA VEN
2. Ordinance to AUTHORIZE a Franchise to CA V ALlER IPTV, LLC., re the construction,
operation and maintenance of a Cable system within the City of Virginia Beach.
3. Ordinance to TRANSFER $3,900,000 within the FY 2006-07 School Board Operating
Budget:
a, $2,375,000 from Instruction to Operations and Maintenance
b. $500,000 from Instruction to Transportation
c. $825,000 from Instruction to Administration
d, $200,000 from Instruction to the School Cafeteria Fund
CD g
CD -0
. ~ Q)
() (0 .~
Z I ~
-~ :fl
....... :e
~..... Q)
....J I g.
UJ "'" 0:
o..~~ ]
<( ::::> ~ ,- f-
~Ioes ~
zf-O) 1
QoU.~ ]
I- ~ f-
<(0) I ~
uUJ~ ~
0- I I1l
-J~~ J
UJ v j
a. ~ u::
o _C/) ~
0:: Z ~
n n Q)
u.. u.. "0'
rn ~
\...J X
1/1
Q)
:;::;
....
Q)
>- a.
1:: 0
Q) ....
c.. a.
o -
.... Q) 0
a. E 0
>-::::J 'O;t
'C :to! .s::. ''''s
ai, .~ () 131- J,o
- I 0
..." i I N
Cl)i
..J ~ (
r--
o
05
.-
--
o:;t
::l
I1l
Q)
:5
co
f/l
Ql
o
..... .~
Q) Ql
Q) en
au....
o 0
00 0.
0.
::l
en
Cl
s::
!:!:!
Cl
s::
UJ
~
0.:
>.
..c
"'0
Ql
Iii
0.
Q)
0:
o
V l!q~qx3'
/i'~(;\~r:12/;\j
e:---l... ;.\
"'2~:2~~~~~;f
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acquisition of an approximately 1.4 acre
site located at the corner of Potters Road and Lynnhaven Parkway in the City of Virginia
Beach and an approximately 1.58 acre site located at the corner of Lynnhaven Road
South and Lynnhaven Parkway in the City of Virginia Beach for $1,200,000.00 from
Thumel Associates, L.C.
MEETING DATE: May 1, 2007
. Background: Thumel Associates, L.C. ('Thumel") is the owner of two vacant
parcels of property, one located at the corner of Potters Road and Lynnhaven
Parkway ("Parcel A") and the other at the corner of Lynnhaven Road South and
Lynnhaven Parkway ("Parcel B"). Parcel A and possibly Parcel B will be affected
by VDOT's Lynnhaven Interchange Project. Thumel has submitted a site plan
for development on Parcel A.
City staff recommends acquisition of these parcels due to the future road
construction at the negotiated price of $1,200,000.00.
. Considerations: This acquisition will prevent development in the proposed
Lynnhaven 1-264 interchange alignment.
. Public Information: Advertisement of the City Council agenda.
. Alternatives: Purchase the property or reject the offer to sell the property to the
City.
. Recommendations: Staff recommends that Council adopt the ordinance and
authorize the purchase Parcel A and Parcel B from the Thumel for $1,200,000.00
in accordance with the Summary of Terms attached to the ordinance.
. Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: Public Works ~.;.
City Manager~ k ,~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF AN APPROXIMATELY 1.4
ACRE SITE LOCATED AT THE CORNER OF
POTTERS ROAD AND LYNNHAVEN PARKWAY IN
THE CITY OF VIRGINIA BEACH AND AN
APPROXIMATELY 1.58 ACRE SITE LOCATED
AT THE CORNER OF LYNNHAVEN ROAD SOUTH
AND LYNNHAVEN PARKWAY IN THE CITY OF
VIRGINIA BEACH FOR $1,200,000.00 FROM
THUMEL ASSOCIATES, L.C.
WHEREAS, Thumel Associates, L.C. ("Thumel") owns a 1.41 acre
parcel of real estate located at the corner of Potters Road and
Lynnhaven Parkway in the City of Virginia Beach having a GPIN of
1497-52-1209 ("Parcel A"), and a 1.581 acre parcel of real estate
located at the corner of Lynnhaven Road South and Lynnhaven Parkway
in the City of Virginia Beach having a GPIN of 1497-41-6866("Parcel
B") (Parcels A and B collectively referred to as the "Property");
WHEREAS, Thumel desires to sell the Property to the City of
Virginia Beach (the "City");
WHEREAS, the City's Public Works Department has identified the
Property as parcels to be considered for advance acquisition as
part of the City's future roadway improvements, and has recommended
that the Property be acquired for such purposes;
WHEREAS, the City Council of the City
Virginia (the "City Council") is of the
acquisi tion of the Property would further
improvement initiative;
of Virginia Beach,
opinion that the
the City's roadway
WHEREAS, Thumel and City staff have worked with the City
Attorney to draft a Purchase Agreement that sets forth the
responsibili ties and obligations of the parties upon terms and
conditions mutually agreeable to both parties; and
WHEREAS, funding for this acquisition is available in the
Various Site Acquisition CIP account (CIP 3-368).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
l.
Property
Virginia
attached
That the City Council authorizes the acquisition of the
by purchase pursuant to ~ 15.2-1800 of the Code of
(1950), as amended, which Property is shown on the map
hereto as Exhibit "A".
2. That the City Manager or his designee is authorized to
execute on behalf of the City of Virginia Beach, a Purchase
53
54
55
56
57
58
59
60
61
62
63
64
Agreement for the Property, for the aggregate sum of $1,200,000,00
and in accordance with the Summary of Terms attached hereto as
Exhibit "B".
3, That the City Manager or his designee is further
authorized to execute all documents that may be necessary or
appropriate in connection with the purchase of the Property, so
long as such documents are acceptable to the City Manager and the
City Attorney.
of
the City of Virginia
, 2007,
Beach,
Council
day of
Adopted by the
Virginia, on the
CAI0306
V :'applications'.citylawprod1cycom321 WpdocsID02SIPOO2\00032\ DO.DOC
date: April 26, 2007
R-l
APPROVED AS TO CONTENT:
APPROVED AS TO.._!:.E2~L
SUFFICIENCY' /~);T--7
----...// ./
~ ~/' ,/"' --
Estate
Exhibit A
~
3i
.2.
~
m:
)>
;u
()
:!!
li"
en
:>
(Q
(l)
:J
a..
llJ
~
llJ
"1:1
III
::::j
;:-
c
3
~
"U
a
"1:1
CD
~
'<
::::j
;:-
c
3
~
"U
o
"1:1
CD
~
iii'
en
;u
!g
(ii'
(l)
9-
3
x
a..
"U
CD
"1:1
llJ
~
0""
'<
:u
~
-..
m
~
co
in
:J
(Q
~:; [) r--.! r;
a. I (Q
j' -f()- CD
~ :r .. :::J
~ c:: '< ~
a 3"
(I) ...
- 0
4' -g
o ~
-g '<
...
-
(j)'
(JI
(J)
C
"1:1
"0 Q)
Q 0
- .,., 0
<1l
<1l
-
G)
::g-o
Z:::o
Ur 0
~-o
~m
<<>:::0.
";'I-fO
O'In;a
~(J)">-
~O:j
0110
<<>-fZ
f(oIs:
~C)>
~~"U
~m
Ir
~-
~-
12
~()
m
m
EXHIBIT B
SUMMARY OF TERMS
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
AN APPROXIMATELY 1.4 ACRE SITE LOCATED AT THE
CORNER OF POTTERS ROAD AND L YNNHA VEN
P ARKW A Y IN THE CITY OF VIRGINIA BEACH AND AN
APPROXIMA TEL Y 1.58 ACRE SITE LOCATED AT THE
CORNER OF L YNNHA VEN ROAD SOUTH AND
LYNN HAVEN PARKWAY IN THE CITY OF VIRGINIA
BEACH FOR $1,200,000.00 FROM THUMEL ASSOCIATES,
L.C.
OWNER:
Thumel Associates, L.C.
BUYER:
City of Virginia Beach
SALE PRICE:
$1,200,000,00
PROPERTY
DESCRIPTION:
Parcel A GPIN 1497-52-1209
1.4 acres +/-
Corner of Potters Road and Lynnhaven Parkway
Parcel B GPIN 1497-41-6866
1.58 acres +/-
Corner of Lynnhaven Road South and Lynnhaven Parkway
SETTLEMENT
DATE:
On or before June 1, 2007.
SPECIAL TERMS
AND CONDITIONS:
. Closing must occur on or before June 1,2007 or Thumel Associates, L.C. will terminate
its agreement to sell to the City.
v. '.pplications\citylawprodlcycom32\ WpdocsID02 S\POO210003 21 02. DOC
4Bi<."""
~~~~/j.~
'(>/1 ~":i\
ff; -., ,~. \'i,
(v... " ..>)
\~/~~' :w.~ij
~~~~~~ ~:t
.~, "l<H ,,~~'o.:,""
-......,......
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting a Franchise to Cavalier IPTV, LLC to Construct or
Operate a Cable System in the City of Virginia Beach, Virginia; Setting Forth Conditions
Accompanying the Grant of the Franchise; Providing for Regulation and Use of the
System; and Prescribing Penalties for Violation of the Provisions Herein
MEETING DATE: May 1, 2007
. Background: On July 3, 2006, Cavalier IPTV, LLC ("Cavalier") notified the City
of its desire to enter into negotiations for a cable franchise. Negotiations were
conducted with Cavalier using informal processes for eight months. On January 12,
2007, Cavalier formally requested an ordinance franchise for providing cable service
with an effective date of February 11, 2007. Cavalier also indicated their desire to
continue to work towards completion of a negotiated franchise. Negotiations continued
with Cavalier, culminating in the proposed negotiated franchise agreement.
. Considerations: The key components of the agreement are:
. A ten-year term.
. The franchise fee is 5% of gross revenue.
. Provides three basic tier government and education access channels.
. Adds future growth of four digital government and education access
channels.
. Requires monthly fee equal to 1.5% of gross revenue to support
educational and governmental access channels and to offset associated
in-kind access channel infrastructure and public facility service.
. Requires a convenient local customer service and bill payment location in
the City when Cavalier attains 13,000 subscribers.
. Provision of service requirements consistent with state law (with
limitations of technical feasibility).
. Consistent with all federally required customer service and consumer
protection standards.
. Public Information: A public hearing was advertised and held on April 24,
2007. Public information will be handled through the normal Council agenda public
information process.
. Alternatives: If a negotiated franchise is not adopted, the City has until May 12,
2007 to adopt an ordinance franchise under the Virginia Code.
. Attachments: Ordinance, Summary of Terms
Recommended Action: Adoption
Submitting Department/Agency: Communications and Information Technology
City Manager: ~ \::,~ ~
Summary of Terms of Cavalier IPTV, LLC Franchise
Provision -~ 2007 Cavalier Franchise
TERM 10 years
GROSS REVENUE Subscriber Revenue only
Where technically feasible, service offered to all
occupied residential dwelling units in Cavalier's
designated initial service area within three years.
Initial service includes northern portion of the City.
Service must be offered to 65% of residential
AREA COVEREDI BUILD OUT dwelling units in area where Cavalier has facilities
within seven years, and 80% of residential dwelling
units in area where Cavalier has facilities within ten
years, if required by ordinance. Service to be
extended when density equals or exceeds thirty
houses per mile.
Franchise non-exclusive. Terms no more onerous
NON-EXCLUSIVE FRANCHISE (unreasonably disadvantage or prejudice) than
franchises adopted for existing operators.
EMERGENCY ALERT SYSTEM Cavalier shall comply with federal emergency alert
("EAS") standards-47 CFR 11.
INTERCONNECTION WITH Upon request of City, Cavalier shall allow other
OTHER CARRIERS FOR PEG cable operators to interconnect, and may require
CARRIAGE other cable operators to pay Cavalier for costs of
interconnection.
Because Cavalier's service is an IPTV service that
SERVICE TO PUBLIC is DSL-based and delivered over copper loops,
FACILITIES Cavalier will, in lieu of providing service drops, pay a
1.5% gross revenue fee to the City.
PUBLIC, EDUCATIONAL, and Three analog PEG channels; up to four PEG digital
GOVERNMENTAL CHANNELS
("PEG") channels.
INSTITUTIONAL NETWORK ("1- No I-Net.
NET")
CONSTRUCTION Cavalier to comply with construction requirements of
local, state, and federal laws.
Annual report to include: financial statement; full
schedule of rates, fees and charges, including
services begun or discontinued; copy of subscriber
REPORTING agreement; summary of complaints; current copy of
subscriber service agreement; quarterly report;
upon request by City, updated maps of areas within
the City where cable service is available to
subscribers.
Summary of Terms of Cavalier IPTV, LLC Franchise
Provision 2007 Cavalier Frallchise
RENEGOTIA TION In accordance with applicable federal, state, and
local laws.
Telephone access available 2417. Local customer
CONSUMER PROTECTION service and bill payment location to be established
in City once Cavalier has 13,000 subscribers.
RA TE CHANGES City may regulate rates for basic tier only, pursuant
to 47 C.F.R. Part 76.
City no longer authorized to collect franchise fees.
FRANCHISE FEE Rather, Cavalier will remit a sales and use tax in the
amount of 5% of annual gross revenue to the
Commonwealth, which will then be paid to City.
City may audit Cavalier. If audit indicates 3% or
AUDIT more underpayment by Cavalier, Cavalier will bear
the City's reasonable expenses.
PERFORMANCE BOND None .
LETTER OF CREDIT $50,000
Cavalier may not abandon its cable system without
giving three (3) months written notice to City.
ABANDONMENT Cavalier must compensate City for damages
resulting from the abandonment. City may recover
from Cavalier reasonable cost of removal of the
system.
TRANSFER Transfers subject to applicable local, state, and
federal laws and reQulations.
RENEWAL Performed in accordance with applicable federal,
state, and local laws and regs.
CITY OF VIRGINIA BEACH
CABLE TELEVISION FRANCHISE ORDINANCE
FOR CAVALIER IP TV, LLC
T ABLE OF CONTENTS
STATEMENT OF INTENT AND PURPOSE ............................................................................1
SHORT TITLE ......... ........ ... .... .......................... ..... ......... .......... ......... ...........1
DEFINITIONS ........................................................................................... ...1
GRANT OF AUTHORITY AND GENERAL PROVISIONS...................................................5
DESIGN PROVISIONS ... ........... ...... ...... .......... .............................. .............................................. 7
SER VI CE PRO VISIONS .......... ..... ...... ......... ................................. ....................................... ........9
CONS TR U CTI 0 N PRO VISI ON S . ....... ........................... ............ ............................ ............. .....12
OPERA TI ON AND REPO RTIN G PROVISI 0 NS...................................................................15
CONSUMER PROTECTI ON PRO VISION .............................................................................16
GENERAL FINANCIAL AND INSURANCE PROVISIONS................................................18
FORECLOSURE, RECEIVERSHIP AND ABANDONMENT ..............................................23
REMOV AL, TRANSFER AND PURCHASE ..........................................................................24
RI G HTS OF IND IVID U ALS PROTECTED .............. ..............................................................24
MISCELLANEOUS PRO VISIONS.......... .... .............................................................................25
EFFECTIVE DATE AND TIME OF ACCEPTANCE ............................................................27
EXHIBIT A TECHNICAL STANDARDS
EXHIBIT B SALES AND USE TAX QUARTERLY REPORT
EXHIBIT C CUSTOMER SERVICE STANDARDS
EXHIBIT D INITIAL SERVICE AREA
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO CA V AllER IPTV, LLC TO
CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF
VIRGINIA BEACH, VIRGINIA; SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULA nON AND USE OF
THE SYSTEM; AND PRESCRlBING PENAL TIES FOR VIOLA nON OF THE
PROVISIONS HEREIN.
PREAMBLE
The City of Virginia Beach, Virginia does ordain that it is in the public
interest to permit the use of public rights-of-way and easements for the
construction, maintenance, and operation of a Cable System under the terms
of this Franchise; said public purpose being specifically the enhancement of
communications for the City.
SECTION 1. STATEMENT OF INTENT AND PURPOSE. City intends, by the
adoption of this Franchise, to bring about the development and operation of a Cable System.
This development can contribute significantly to the communications needs and desires of
many individuals, associations and institutions.
SECTION 2. SHORT TITLE. The Franchise granted pursuant to this ordinance shall be
known and cited as the "City of Virginia Beach Cable Television Franchise Ordinance for
Cavalier IPTV, LLC." Within this document it may also be referred to as "this Franchise" or
"the Franchise."
SECTION 3. DEFINITIONS. For the purpose of this Franchise, the following terms,
phrases, words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future tense, words
in the plural number include the singular number and words in the singular number include
the plural number. The words "shall" and "will" are mandatory and "may" is permissive.
Words not defmed shall be given their common and ordinary meaning.
3.01 "Affiliate" when used in relation to any Person, means another who owns or controls,
is owned or controlled by, or is under common ownership or control with, such Person.
3.02 "Basic Cable Service" means any Service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational, and
goverrunental access programming required by the Franchise to be carried on the basic tier.
Basic Cable Service as defined herein shall not be inconsistent with 47 V.S.C. ~ 543(b)(7).
Cavalier does not concede that it is providing "cable service" or that its Internet protocol
television service is a "cable service" under 47 U.S.C. ~522 or other applicable law.
3.03 "Cable Service" or "Service" means (A) the one-way transmission to Subscribers of
(i) Video Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if
any, which is required for the selection or use of such Video Programming or similar Other
Programming Service. Cable Service as defined herein shall not be inconsistent with the
definition set forth in 47 U.S.C. ~ 522(6). Cavalier does not concede that it is providing
1
"cable service" or that its Internet protocol television service is a "cable service" under 47
U.S.c. 9522 or other applicable law.
3.04 "Cable System" or "System" means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service which includes Video Programming and which is
provided to multiple Subscribers within a community, but such term does not include:
A. a facility that serves only to retransmit the television signals of one (1) or
more television broadcast stations;
B. a facility that serves Subscribers without using any public Right-of-Way;
C. a facility of common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.c. 9201 et seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. 9541(c)) to the extent such facility is used in
the transmission of Video Programming directly to Subscribers, unless the extent of such use
is solely to provide interactive on-demand services;
D.
an open video system that complies with 47 U.S,C. 9 573; or
E.
systems.
any facilities of any electric utility used solely for operating its electric utility
Cavalier does not concede that it is operating a "cable system" or that its Internet protocol
television service is a "cable system" under 47 U.S.C. 9522 or other applicable law.
3.05 "Channe( means a portion ofthe electromagnetic frequency spectrum which is used
in a Cable System and which is capable of delivering a television Channel as defined by the
FCC.
3.06 "City" means the City of Virginia Beach, Virginia, a municipal corporation ofthe
Commonwealth of Virginia, its officers, employees, agents and assigns.
3.07 "City Council" means the governing body of the City of Virginia Beach, Virginia.
3.08 "Commercial Entity" means any association, firm, corporation, partnership or other
legally-recognized entity whether for profit or not for profit, located in the City.
3.09 "Complaint" means any correspondence (including letters, e-mail messages, faxes or
complaints forwarded by the City in any means, and telephone calls elevated to management
for resolution) sent by Subscriber to City or Cavalier alleging or asserting signal interruption,
poor picture quality, dissatisfaction over programming content, dissatisfaction over business
practices, or dissatisfaction over construction or maintenance of the System, It shall not
include any expression of dissatisfaction with any action of Cavalier which is authorized by
this Franchise, or applicable state or federal law. The term "Complaint" shall not include an
inquiry which is immediately answered by Cavalier to the apparent satisfaction of the
complaining party.
2
3.10 "Converter" means an electronic device which converts signals to a frequency not
susceptible to interference within the television receiver of a Subscriber and by which an
appropriate Channel selector also permits a Subscriber to view all Basic Cable Service
signals delivered at designated Converter dial locations.
3.11 "Drop" means the cable that connects the Network Interface Device on the
Subscriber's residence or institution to the nearest distribution cable of the System.
3.12 "EG" means educational and governmental.
3.13 "FCC" means the Federal Communications Commission or a designated
representative.
3.14 "Franchise" or "Cable Franchise" means the franchise granted by this ordinance and
the regulatory and contractual relationship established hereby.
3.15 "Governmental Entity" means any federal, state or local political body or governing
body, acting in its governmental capacity.
3.16 "Cavalier" means Cavalier IP TV LLC, its agents, employees, lawful successors,
transferees or assignees.
3.17 "Gross Revenues" means all revenue, as determined in accordance with generally
accepted accounting principles, that is actually received by the cable operator and derived
from the operation of the cable system to provide cable services in the franchise area;
however, in an ordinance cable franchise "gross revenue" shall not include: (i) refunds or
rebates made to subscribers or other third parties; (ii) any revenue which is received from the
sale of merchandise over home shopping channels carried on the cable system, but not
including revenue received from home shopping channels for the use of the cable service to
sell merchandise; (iii) any tax, fee, or charge collected by the cable operator and remitted to a
governmental entity or its agent or designee, including without limitation a local public
access or education group; (iv) program launch fees; (v) directory or Internet advertising
revenue including, but not limited to, yellow page, white page, banner advertisement, and
electronic publishing; (vi) a sale of cable service for resale or for use as a component part of
or for the integration into cable services to be resold in the ordinary course of business, when
the reseller is required to payor collect taxes or similar fees on the resale of the cable service;
(vii) revenues received by any affiliate or any other person in exchange for supplying goods
or services used by the cable operator to provide cable service; and (viii) revenue derived
from services classified as noncable services under federal law, including, without limitation,
revenue derived from telecommunications services and information services, and any other
revenues attributed by the cable operator to noncable services in accordance with rules,
regulations, standards, or orders of the Federal Communications Commission.
3.18 "Initial Service Area" means the area identified in Exhibit D.
3.19 "Installation" means the act of connecting the Cable System from copper distribution
cable to the point of connection including Standard Installations and custom Installations
with the Subscriber Converter or other terminal equipment.
3
3.20 "Lockout Device" means an optional way to inhibit the viewing of a certain program,
certain Channel, or certain Channels provided by way of the Cable System.
3.21 "Noncable Service" means all service offered over the System other than the Cable
Service.
3.22 "Normal Business Hours" means those hours during which most similar businesses in
City are open to serve customers. In all cases, "Normal Business Hours" must include some
evening hours, at least one (1) night per week and/or some weekend hours.
3.23 "Normal Operating Conditions" means those Service conditions which are within the
control of Cavalier. Those conditions which are not within the control of Cavalier include,
but are not limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are ordinarily
within the control of Cavalier include, but are not limited to, special promotions, pay-per-
view events, rate increases, regular peak or seasonal demand periods, and maintenance or
upgrade of the Cable System.
3.24 "Other Programming Service" means information that a cable operator makes
available to all Subscribers generally,
3.25 "Pay Television" means the delivery over the System of pay- per-channel or pay-per-
program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for
Basic Cable Service or Other Programming Services.
3.26 "PEG" means public, educational and governmental.
3.27 "Person" means any individual residing in the City.
3.28 "Public Property" means any real property, other than a Street, owned or leased by
the City.
3.29 "Public Rights-of Way" means the surface, the airspace above the surface and the
area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
or drive, including rights-of-way, and any temporary or permanent fixtures or improvements
located thereon, now or hereafter held by the Locality, which shall entitle Cavalier to the use
thereof for the purpose of installing and maintaining Cavalier's System.
3.30 "Service Area" means the geographic areas of the City where video service is
Technically Feasible.
3.31 "Service Interruption" means the loss of picture or sound on one (1) or more Cable
Channels.
3.32 "Service Outlet" means the connection at the Subscriber terminal located at a point
designated by the Subscriber necessary to provide Service to the Subscriber. A dwelling or
other building within which a Subscriber receives Service may have one (1) Service Outlet or
multiple Service Outlets.
4
3.33 "Standard Installation" means any residential, commercial or government installation
by which cable service can be delivered over existing copper, twisted-pair wires leased from
the incumbent local exchange carrier, as unbundled network elements in Cavalier's
collocation sites in central offices designated as Density Cell One by the Virginia State
Corporation Commission, without causing new equipment, facilities, or outside plant to be
built or added, and without having existing equipment, facilities, or outside plant re-
engineered or modified, and with twisted-pair wires able to support Internet protocol (IP)
download speeds of 10 Megabits per second (Mbps) and IP upload speeds of 1 Mbps
utilizing the digital subscriber line (DSL) technology utilized by Cavalier, or for Cavalier
constructed cable plant, any residential, commercial or government installation which can be
completed using a Drop of one hundred and fifty( 150) feet or less.
3.34 "Subscriber" means any Person, Commercial Entity or Governmental Entity within
the City who receives service provided by Cavalier by means of the System. In the case of
multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant
or occupant not the building owner, except in cases where Cavalier and the building owner
have entered into a legally permissible bulk-billed arrangement.
3.35 "Two- Way System" means a System that can pass video, voice, and/or data signals in
both directions simultaneously.
3.36 "Video Programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
SECTION 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS
4,01 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Failure of Cavalier to provide a System as described herein, or meet the
obligations and comply with all provisions herein, shall be deemed a violation of this
Franchise.
4.02 Criteria of Selection. Cavalier's technical ability, financial condition, legal
qualifications, and ability to meet the future cable-related community needs and interests,
taking into account the cost of meeting such needs and interests, were among those items
considered and approved by City in full public proceedings of which Cavalier was afforded
reasonable notice and a reasonable opportunity to be heard.
4.03 Authority for Use of Streets.
A. For the purpose of constructing, operating, and maintaining a System in the
City, Cavalier may erect, install, construct, repair, replace, relocate, reconstruct, remove and
retain in, on, over, under, upon, across and along the Streets within the City such lines,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
attachments and other property and equipment as are necessary and appurtenant to the
operation of the System, provided that all applicable pennits are applied for and granted, all
fees paid and all other City codes and ordinances are otherwise complied with.
B. With the exception of Drop construction performed in a generally
perpendicular angle to a Street, Cavalier shall, prior to any construction of the System, file
5
plans with the City. City shall, in a timely fashion, approve or disapprove such plans in
vvriting, which approval shall not to be unreasonably withheld.
C. Cavalier shall use its best efforts to construct and maintain the System so as
not to interfere with other uses of Streets. Whenever feasible Cavalier shall make use of
existing poles and other facilities available to Cavalier. Except in an emergency, Cavalier
shall use its best efforts to notify residents affected by proposed work prior to
commencement of that work.
D. Notwithstanding the above grant to use the Streets, no Street shall be used by
Cavalier if City, in its reasonable opinion, determines that such use is inconsistent with the
terms, conditions or provisions by which such Street was created or dedicated, or is presently
used.
4.04 Franchise Term. The effective date of this Franchise shall be as set forth in Section
15.01, and the Franchise shall expire ten (10) years from such effective date, unless renewed,
revoked or terminated sooner as herein provided.
4.05 Area Covered. This Franchise is granted for the territorial boundary ofthe City
which shall include any new territory which shall become part of the City ("Service Area").
Cavalier shall provide Cable Service to any Person, Commercial Entity and Governmental
Entity requesting Service within the City according to the conditions, limitations and
schedules set forth herein. If any annexed area is served by another cable operator at the time
of annexation, Cavalier shall not be obligated to provide Service to that area. The City
affirms that Cavalier's use of a leased last-mile network to provide IPTV over DSL
technology limits the area actually served by Cavalier, and that Cavalier is under no
obligation to provide or extend its service area beyond where it is technically feasible.
However, nothing in this Franchise shall be construed to limit or prevent Cavalier from
extending its service area by constructing or using additional facilities, equipment, or plant to
provide the Cable Service. Cavalier also shall not be required to make the Service available:
(a) for periods offorce majeure; (b) for periods of delay caused by the City; (c) for periods
of delay resulting from Cavalier's inability to obtain authority to access rights-of-way in the
service area; (d) in areas where developments or buildings are subject to claimed exclusive
arrangements; (e) in developments or buildings that Cavalier cannot access under industry
standard terms and conditions after good faith negotiation; (f) in developments or buildings
that Cavalier is unable to provide the Service for technical reasons or that require facilities
that are not available or cannot be deployed on a commercially reasonable basis; (g) in areas
where the average occupied residential household density is less than thirty (30) occupied
residential dwelling units per mile as measured in strand footage from the nearest technically
feasible point on Cavalier's active system; and (h) when Cavalier's prior service, payment, or
theft of service history with a Subscriber or potential Subscriber has been unfavorable.
Subject to the limitations stated above, Cavalier shall make Cable Service available to: (i) all
of the occupied residential dwelling units in Cavalier's Initial Service Area (as identified in
Exhibit D) within three years ofthe date ofthe grant of the Franchise, (ii) 65% of the
residential dwelling units in the area in the City in which Cavalier has facilities within seven
years of the date of the grant of the Franchise, and (iii) if required, 80% of the residential
dwelling units in the area in the City in which Cavalier has facilities, within ten years of the
date of the grant of the Franchise. Cavalier will provide vvritten notice to the City by filing a
6
certificate at its third and seventh, and if applicable, tenth, anniversary dates certifying its
compliance with the foregoing service requirements.
4.06 Police Powers. Cavalier's rights are subject to the police powers of City to adopt and
enforce ordinances of general applicability necessary to protect and preserve the health,
safety and welfare of the public. Cavalier shall comply with all applicable general laws and
ordinances enacted by City pursuant to those powers.
4.07 Written Notice. All notices, reports, or demands required to be given in writing under
this Franchise shall be deemed to be given when delivered personally to any officer of
Cavalier or City's Manager and City Attorney or forty-eight (48) hours after it is deposited in
the United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, or sent by overnight delivery service, addressed to the party to whom notice is being
given, as follows:
If to City:
City of Virginia Beach
Office of the City Manager
Municipal Center
Virginia Beach, VA 23456
If to Cavalier: Cavalier IP TV, LLC
2134 West Laburnum Ave.
Richmond, VA 23227
Attn: General Manager
With a courtesy copy (not sufficient to provide notice) to:
Cavalier IP TV, LLC
2134 West Laburnum Ave.
Richmond, VA 23227
Attn: General Counsel
Such addresses may be changed by either party upon notice to the other party given as
provided in this section.
4.08 Franchise Non-Exclusive. The Franchise and the right it grants to use and occupy the
Public Rights-of-Way shall not be exclusive, and the City reserves the right to grant other
franchises for similar uses or for other uses of the Public Rights-of-Way, or any portions
thereof, to any other person, or to make any such use itself, at any time, with or without a
franchise.
SECTION 5. DESIGN PROVISIONS.
5.01 System Design. Cavalier shall, upon acceptance of this Franchise as defined herein,
immediately undertake all necessary steps to construct, operate and maintain a System that
meets the requirements contained herein.
5.02 Two-Way SYstem. Cavalier shall provide a Two-Way System.
5.03 Future System Modifications.
7
A. City and Cavalier recognize that Cavalier's System is operated as part of
Cavalier's greater Hampton Roads regional organization. To assure that Cavalier's Cable
System in the City maintains the same capabilities as other systems operated by Cavalier in
the Hampton Roads region, Cavalier agrees that when one (1) or more of Cavalier's Cable
Systems in Hampton Roads obtains a capability with respect to any Cable Service that
exceeds that provided by Cavalier in the City, the City may require Cavalier to provide the
same capability on its System in the City. Cavalier shall complete any necessary
modification of its System within twelve (12) months of receipt of the City's request.
B. This Section 5.03 shall not apply to capabilities provided by Cavalier in areas
that are (1) subject to effective competition, or; (2) are part of a Service trial or new Service
launch that is less than two (2) years old.
5.04 Lockout Device. Upon the request of a Subscriber, Cavalier shall make available by
sale or lease a Lockout Device, or its functional equivalent.
5.05 Provision of Service.
A. The availability of Cable Service provided by Cavalier to the subscriber over
existing copper, twisted-pair wires leased from the incumbent local exchange carrier is
limited by the availability of those wires as unbundled network elements in Cavalier's
collocation sites in central offices designated as Density Cell One by the Virginia State
Corporation Commission, without causing new equipment, facilities, or outside plant to be
built or added, and without having existing equipment, facilities, or outside plant re-
engineered or modified. The twisted-pair wires must be able to support Internet protocol (IP)
download speeds of 10 Megabits per second (Mbps) and IP upload speeds of 1 Mbps
utilizing the digital subscriber line (DSL) technology utilizes by Cavalier.
B. After Cable Service has been established by activating the necessary
electronics and distribution cable for the provision of IPTV to any area served by a Central
Office supporting IPTV, Cavalier shall, except under conditions beyond Cavalier's
reasonable control, initiate the provision of Service via a Standard Installation to:
(1) Any Person or Governmental Entity within the area within seven (7) business
days from the date when underlying facilities are obtained from a third-party
provider; and
(2) Any Commercial Entity within the area upon terms and conditions negotiated
by the Commercial Entity and Cavalier.
C. Non-Standard Installations. For cable service to be provided by Cavalier constructed
cable plant, Cavalier shall install and provide Cable Service to any Person requesting other
than a Standard Installation, provided that said Cable Service can meet FCC technical
specifications and all payment and policy obligations are met. In such case, Cavalier may
charge for the incremental increase in material and labor costs incurred beyond the Standard
Installation.
5.06 Technical Standards. The System shall be designed, constructed and operated so as
to meet those technical standards set forth in Exhibit A, the applicable technical standards set
forth in 47 C.F.R. S 76.601, and any other applicable technical standards.
8
5.07 Testing.
A. Based upon indications of significant non-compliance with the technical
standards required by this Franchise, City may require Cavalier to perform tests and/or
analyses to confirm compliance, City shall endeavor to arrange its request for such tests so
as to minimize hardship or inconvenience to Cavalier or Subscribers. The City or its
representatives may witness the tests. Upon completion of testing, Cavalier shall provide
City with a report of the test results. To the extent allowed by applicable law, such results
shall be held proprietary and 'confidential.
B. If after receiving Cavalier's test report, City determines that reasonable
evidence indicates significant non-compliance with this Franchise still exists, City may retain
an independent engineer to perform tests and analyses directed toward the particular matter
in controversy.
1. Cavalier shall bear the expense for the independent testing if the test
confirms the alleged significant non-compliance. City shall bear the
expense of the independent testing if Cavalier is found not to be at fault.
2. If Cavalier is found to be at fault, Cavalier shall provide a written
report to City detailing the steps undertaken to correct the non-
compliance. To the extent allowed by applicable law, any such
report shall be held proprietary and confidential.
C. Cavalier shall conduct all tests of its System as required by applicable FCC
regulations. Results of such testing shall be provided free of charge to City upon request. To
the extent allowed by applicable law, such results shall be held proprietary and confidential.
The tests may, upon request of City, be witnessed by representatives of City,
SECTION 6. SERVICE PROVISIONS.
6.01 Basic Service. Cavalier shall offer to all Subscribers a service level designed to meet
the minimum information needs of the residents of the City. Cavalier shall offer Basic Cable
Service as required by law, including off-air local broadcasting channels and the PEG Access
Channels set forth in Section 6.06. Cavalier retains the right to add, delete or modify the
programming on such Basic Cable Service tier.
6.02 Regulation of Service Rates.
A. City may regulate rates for the provision of Cable Service, equipment, and
Installations in accordance with applicable federal law, in particular 47 C.F.R. Part 76
subpart N. In the event the City chooses to regulate rates it shall, in accordance with 47
C.F.R. S76.91O, obtain certification from the FCC, if applicable. The City shall follow all
applicable FCC rate regulations and shall ensure that appropriate personnel are in place to
administer such regulations. City reserves the right to regulate rates for any future services to
the extent permitted by law.
9
B. Cavalier shall not discriminate among Subscribers in the rates it charges,
however, nothing herein shall preclude Cavalier from establishing reasonable classifications
of customers and charging them different rates.
6.03 Programming Decisions. All programming decisions shall be at the sole discretion of
Cavalier; provided, however, that Cavalier shall be requested to maintain a diverse mix,
quality, and level of Service.
6.04 Emergency Alert System. Cavalier shall install and maintain for use by the City an
Emergency Alert System ("EAS") meeting all applicable requirements of federal law. In the
event of an emergency situation that requires notification to the City's citizens, in addition to
other methods of notification, the City, in accordance with established Emergency Alert
System (EAS) procedures, will notify Cavalier of the emergency and present it with an
emergency message. Cavalier shall broadcast the emergency message on all analog and
digital channels, or shall force tune viewers to a designated EAS alert channel, except for
those off-air channels with which Cavalier has agreed not to override during an emergency
message, The emergency message will advise the citizens of the emergency and direct them
to turn to VBTV the City's emergency alert channel for further information.
6.05 Service to Public Facilities, Because the Service is an IPTV service that is DSL-
based and delivered over copper loops, Cavalier will, in lieu of providing service drops, pay a
1.5% gross revenue fee as set forth in further detail in section 6.06 below.
6.06 Public. Educational and Governmental ("PEG") Access Channels.
A. Cavalier shall, at no charge to the City, provide three (3) Channels on
Cavalier's Basic Service Tier to air non-commercial PEG access programming, consistent
with Section 611 of the cable Act (47 U.S.c. S53l), and, upon ninety (90) days written notice
from the City, up to four (4) Channels on a digital service tier, one (1) of which shall be used
for City training purposes on a viewer-restricted basis (i.e., audio and video encrypted). The
City shall have sole discretion to determine the users of said Channels. Notwithstanding
anything to the contrary, Cavalier shall be permitted to use capacity on the Channels for the
provision of other Services if such Channels are not being used for the purposes designated
pursuant to rules and procedures developed by the City.
B. Upon written request from the City, Cavalier shall allow other franchised
cable operators to interconnect with Cavalier's Cable System for the sole purpose of allowing
the transmission of PEG access programming to such other franchised cable operators within
the City. Nothing herein shall prohibit Cavalier from requiring such other franchised cable
operator to pay the costs of such interconnection, including construction, signal transport,
and maintenance costs.
C. The City may, by ordinance adopted after a public hearing, require Cavalier to
interc0lU1ect with any other cable operator to ensure the carriage of required PEG channels.
Cavalier shall use reasonable efforts to interconnect its System with the existing cable
operator(s) or, at its option, directly with the PEG programming provider. Prior to the
Service Date, Cavalier shall initiate interconnection negotiations with the existing cable
operator(s) to cable cast, on a live basis, public, educational and governmental access
programming consistent with this Agreement. Interc0lU1ection may be accomplished by
10
direct cable, microwave link, satellite or other reasonable method of connection. Cavalier
shall negotiate in good faith with existing cable operator(s) respecting reasonable, mutually
convenient, cost-effective, and technically viable interconnection points, methods, terms and
conditions. Cavalier and the existing cable operator(s) shall negotiate the precise terms and
conditions of an interconnection agreement. If no agreement is reached within one hundred
eighty (180) days from Cavalier's initial request to the cable operator(s), the City shall
designate the point of interconnection.. Each party shall be responsible for its own
interconnection cost. Both Cavalier and cable operator(s) will use commercially reasonable
efforts to complete interconnection as soon as practicable after the City promulgates the
ordinance designating an interconnection point
D. Cavalier shall include detailed program schedules for the educational and
access channels in its on-screen listings, provided that the City makes available such detailed
program schedules to the entity or entities that produce such listings for Cavalier in
acco:rdance with each entity's normal format and lead time requirements.
E. In the event the City designates a body to administer any of the PEG access
Channels, Cavalier agrees to cooperate with and consult with such body in connection with
matters relating to the use of the PEG access Channels.
F. Cavalier shall provide the City a monthly PEG capital fee in the amount of
1.5% of Gross Revenue. Payments due to the City under this provision shall be computed at
the end of each quarter of a year for that quarter. Payments shall be due and payable for each
quarter or a portion of a quarter on January 31, April 30, July 31, and October 31.
G. Any and all payments by Cavalier to City in support of PEG access
programming shall not be deemed a Sales or Use Tax within the meaning of Section 58.1-
645 et. seq. of the Code of Virginia. Consistent with applicable law, Cavalier may list the
PEG capital fee as a line item on Subscriber bills.
H. If Cavalier makes changes to Cavalier's System that require improvements to
PEG access facilities and equipment, Cavalier shall provide any necessary additional
headend and distribution facilities or equipment within thirty (30) days so that PEG facilities
and equipment may be used as intended with respect to the up to seven (7) PEG Channels
specified in Section 6.06(A), so that live and taped programming can be cablecast efficiently
to Subscribers. Cavalier shall be solely responsible for the costs associated with
maintenance, repair and any desired technology changes of the signal transport facilities
required by Section 6.06(C).
1. If any Access channel is reassigned, then Cavalier shall provide the City with
at least ninety (90) days' advance written notice before reassigning the channel, and shall pay
the City's reasonable costs of any advertising and promotional materials required due to the
reassignment.
11
SECTION 7. CONSTRUCTION PROVISIONS.
7.01 Construction Standards.
A. Cavalier shall comply with the construction requirements of local, state and
federal laws.
B. All installation of electronic equipment shall, where applicable, be of a
permanent nature, durable and installed in accordance with the provisions ofthe National
Electrical and Safety Code and National Electrical Code as amended, as applicable to Cable
Systems.
C. Antennas and their supporting structures (tower) shall be painted, lighted,
erected and maintained in accordance with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable state or local laws, codes and regulations.
D. All of Cavalier's plant and equipment, including, but not limited to, the
antenna site, headend and distribution system, towers, house connections, structures, poles,
wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained and operated in
accordance with accepted engineering practices, performed by qualified maintenance and
construction personnel so as not to endanger or interfere with improvements the City may
deem appropriate to make and also to reasonably preserve and protect plants and tree
improvements in the tree belt and right-of-way, and not to interfere with the legal rights of
any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
E. Cavalier shall at all times employ ordinary care and shall install and maintain
in use commonly accepted methods and devices preventing failures and accidents which may
be likely to cause damage, injury or nuisance to the public. Upon request, Cavalier will
provide information to City regarding items of quality control for installation and
maintenance activities performed by Cavalier or its authorized subcontractors.
F. Upon request, Cavalier shall work with City to establish guidelines regarding
the location and placement of the System to provide the most judicious use of available space
in Streets and Public Property.
7.02 Construction of Facilities.
A. The System hereafter constructed or installed by Cavalier, and all easements
and rights-of-way hereafter obtained by Cavalier, shall be located so as to cause as little
interference with the public use of the Streets, and other Public Property as is reasonably
possible, and all such facilities shall be maintained in good repair and condition. Facilities
located on, over, under or within the property of City or private property shall be constructed,
installed and maintained in accordance with all applicable City ordinances, rules, regulations
and requirements. In the event the construction, installation, repair or maintenance of any of
the System necessitates the removal of trees or other vegetation, such trees and vegetation
shall be replaced to the extent possible promptly upon the conclusion of the work performed
or at such later time as the City may designate. In the event such trees and other vegetation
12
cannot be replaced at the same location, Cavalier shall install an equivalent amount of trees
vegetation at such other location as the City may designate. Any determination by Cavalier
that the replacement oftree(s) is not possible shall require prior approval of City.
B. Except in cases of an emergency, Cavalier shall not install, move, alter, repair,
relocate or remove any of its underground System in or from any Street or Public Property,
or dig, cut or otherwise disturb the surface of any public Street or Public Property, unless
prior written notice of its intention to do so is given to City's Director of Public Works or his
designee no less than three (3) business days prior to the time such work commences, and
permission to perform such work is granted or waived by the Director or his designee or a
permit authorizing such work is obtained, which permit shall not be unreasonably withheld.
Such permission or permit shall, whether or not expressly stated in any given instance, be
conditioned upon the work covered by the permit being performed in compliance with the
provisions of the Franchise and with all applicable City ordinances, rules, regulations and
requirements. The Director or his designee may, in addition to any other requirement of law
or provision of the Franchise, impose such additional reasonable conditions, requirements or
restrictions as will prevent or minimize interference with or obstruction of the Streets and
Public Property, ensure the prompt and complete restoration of Streets and Public Property
damaged, disturbed or altered by work performed by or on behalf of Cavalier, or otherwise
preserve, protect and promote the public health, safety and welfare.
C. Cavalier may perform emergency work which is necessary to ensure the
public health, safety or welfare, prior to the issuance of a permit. In such cases, Cavalier
shall provide notice to City, except if the provision of such notice is not reasonably possible,
as soon as practicable, and in any case no later than two (2) working days after the
commencement of work.
D. Whenever Cavalier proposes to install new underground conduits or replace
existing underground conduits within the City, it shall notifY City as soon as practical and
shall allow City, at its own expense, to share any excess capacity within the conduit of
Cavalier or to lay its own conduit therewith, provided that such action by City will not
unnecessarily interfere with Cavalier's facilities or delay the accomplishment of the project.
E. City shall have the right at Cavalier's expense to perform reasonable and
necessary inspection of all construction work performed on Public Property or Streets
pursuant to the requirements of Section 4.03.
F. Nothing contained in this Franchise shall be construed to give Cavalier the
authority to enter upon or work on private property in areas where such entry or work is not
authorized pursuant to this Franchise or other legal instrument without the permission of the
property owner, tenant or authorized agent.
7.03 Repair of Streets and Property. Cavalier and its contractors shall comply with all
ordinances of City pertaining to work on Streets, Public Property or private property. Any
and all Streets, Public Property or private property that are disturbed or damaged during the
construction, repair, replacement, relocation, operation, maintenance, reconstruction or
removal of the System, or any portion thereof, shall be promptly repaired by Cavalier, at its
expense, to a condition as good as that prevailing prior to Cavalier's work. Any damage
caused to the property of building owners or users or any other Person as a result of any
13
action or omission by Cavalier or its contractors shall be promptly and fully repaired by
Cavalier.
7.04 Use of Existing Poles. No poles, conduits, or other wire-holding structures shall be
erected or installed by Cavalier on City's property without prior approval of City with regard
to the location, height, type and other pertinent aspects, which approval shall not be
unreasonably withheld. City may require Cavalier to provide written justification should the
use of such poles and other wire-holding structure be solely for the purpose of supporting
Cavalier's System. The location of any pole, conduit or wire-holding structure of Cavalier
on City's property shall not be a vested right and such poles, conduits or other structures
shall be removed or modified by Cavalier at its own expense upon reasonable request of City.
7,05 Undergrounding of Cable. Cable shall be installed underground at Cavalier's expense
where both the existing telephone and electrical utilities are already underground or when
required by City ordinance, including, without limitation, Section 5.10 of the Subdivision
Ordinance or successor provision. Cavalier shall place cable underground in newly platted
areas in concert with both the telephone and electrical utilities, unless this requirement is
waived or modified by City. Cavalier shall be required to convert overhead lines to
underground, at Cavalier's expense, if and when electric and telephone overhead utilities in
the same area are converted to underground; provided, however, that where public funds are
available to reimburse right-of-way occupants for such relocations, Cavalier shall be
permitted access to such funds on a non-discriminatory basis.
7.06 Reservation of Street Rights.
A. Nothing in this Franchise shall be construed to prevent City from constructing,
maintaining, repairing or relocating sewers; constructing, grading, paving, maintaining,
repairing, relocating and/or altering any Street; constructing, laying down, repairing,
maintaining or relocating any water mains; or constructing, maintaining, relocating, or
repairing any sidewalk or other public work. All such work shall be done, insofar as
practicable in such a manner as not to obstruct, injure or prevent the free use and operation of
the poles, wires, conduits, conductors, pipes or appurtenances of Cavalier.
B. If any such property of Cavalier shall interfere with the construction,
relocation, maintenance or repair of any Street or public improvement, whether it be
construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, water
main, Street or any other public improvement, forty-five (45) days written notice shall be
given to Cavalier by City and all such poles, wires, conduits or other facilities shall be
removed or replaced by Cavalier in such manner and within such reasonable time as may be
directed by City so that the same shall not interfere with the said public work of City, as
determined by City, and such removal or replacement shall be at the sole expense of Cavalier
(subject to the availability of public funds to reimburse right-of-way occupants for such
removal or replacement to which Cavalier shall have access on a non-discriminatory basis);
provided, however that the City's failure to give the notice in strict compliance with the time
limits set forth herein shall not relieve Cavalier of the obligation to pay the cost of removal or
replacement. In the event such construction, relocation, maintenance or repair must be
commenced within forty-five (45) days, City shall give Cavalier notice thereof at the earliest
practicable time.
14
C. In the event Cavalier fails to timely remove or replace any of its facilities
pursuant to this section, the City may remove or replace such facilities and charge the
reasonable cost thereof to Cavalier.
D. Nothing contained in this Franchise shall relieve any Person or entity,
including City from liability arising out of the failure to exercise reasonable care to avoid
injuring Cavalier's System.
7.07 Trimming of Trees. Cavalier shall have the authority to trim trees upon and hanging
over Streets, and Public Property in the City so as to prevent the branches of such trees from
coming in contact with the System of Cavalier; provided, however, that all trimming on
Streets or Public Property shall be done in accordance with applicable City ordinances,
7.08 Street Vacation or Abandonment. In the event City determines to vacate, abandon or
discontinue use of any Street or portion thereof used by Cavalier, City shall notify Cavalier
as soon as reasonably practicable.
7.09 Movement of Facilities. In the event it is necessary temporarily to move or remove
any of Cavalier's wires, cables, poles, or other facilities placed pursuant to this Franchise, in
order to lawfully move a large object, vehicle, building or other structure over the Streets in
the City, upon ten (10) days notice by City to Cavalier, Cavalier shall move its facilities as
may be required to facilitate such movements, at the expense of the requesting party,
payment to be made in advance. There shall be no charge to City for such removal. Any
Service Interruption provisions of this Franchise shall not apply in the event that the removal
of Cavalier's wires, cables, poles or other facilities results in temporary Service Interruptions.
SECTION 8. OPERATION AND REPORTING PROVISIONS.
8.01 Financial Books and Records. The City shall have the right to inspect original
records, upon reasonable notice and during Normal Business Hours, or require Cavalier to
provide within a reasonable time copies of any records maintained by Cavalier which relate
to System operations including specifically Cavalier's accounting and financial records. City
acknowledges that some of the records which may be provided by Cavalier may be classified
as confidential and therefore may subject Cavalier to competitive disadvantage if made
public. City shall therefore maintain the confidentiality of any and all records provided to it
by Cavalier which are not required to be made public pursuant to applicable laws; however,
that Cavalier shall be required to designate such of the records as it desires to be kept
confidential and to notify the City of the provision of law that allows such records to be
withheld from public inspection. Cavalier shall produce such books and records for City's
inspection at Cavalier's local office located within thirty (30) miles of the City or at such
other mutually agreed upon location within the City.
8.02 Communications with Regulatory Agencies. The results of any tests required to be
filed by Cavalier with the FCC shall upon request of the City also be filed with the City or its
designee within ten (10) days of such request.
15
8.03 Annual Report. Within ninety (90) days of the end of Cavalier's fiscal year,
including the fiscal year in which the Franchise becomes effective, Cavalier shall file with
City an annual report containing the following information regarding the System:
A. A financial statement verifying total Gross Revenues prepared in accordance
with generally accepted accounting principles and certified by a financial officer of Cavalier.
B. A summary of the previous year's activities in the development of the System,
including, but not limited to, services begun or discontinued during the reported year.
C. A current copy of the Subscriber service agreement.
D. Changes, if any, in the ownership structure provided pursuant to Section
15.02.
8.04 Requested Reports.
A. Upon request, Cavalier shall provide City with a written quarterly report
evidencing Cavalier's compliance with the customer standards found in Section 9 and
Exhibit C of this Franchise. Such report shall be provided within forty-five (45) days
following the end of a given quarter. In the event the City has alleged that Cavalier is in
violation of the customer service standards, such report shall be submitted within fifteen (15)
days of the end of the quarter following such allegation until such alleged violation is
resolved by the parties. Cavalier shall be permitted to submit raw quarterly statistics from its
Call Center to comply with the reporting requirement. Cavalier reserves the right to revise
such raw statistics at a later date to reflect periods when the system may not have been
operating under Normal Operating Conditions.
8.05 Mapping, Cavalier shall furnish the City with two (2) complete sets of route maps,
drawn to scale and certified to the City as accurately depicting the actual location of all Cable
System routes and shall include a digitized map(s) in both printed and electronic form
readable by the current version of AutoCAD.
8.06 Annual Evaluation Sessions. City may require annual evaluation sessions during the
term of this Franchise; provided however, that there shall not be more than one (1) evaluation
session during any calendar year. Topics which may be discussed include, but are not
limited to, Channel capacity, System performance, programming, the PEG access Channel
programming, municipal use of cable, Subscriber Complaints, judicial rulings, FCC rulings
and any other topics City or Cavalier deem relevant. During each evaluation session,
Cavalier shall fully cooperate with City and provide without cost such readily available
information and documents as City may reasonably request.
SECTION 9. CONSUMER PROTECTION PROVISION.
9.01 Cavalier Office. Upon acquiring thirteen thousand (13,000) or more Subscribers
within the City, Cavalier shall maintain a convenient local customer service and bill payment
location in the City where Subscribers can receive face-to-face service. The facility shall be
adequately staffed in order to address customer inquiries, receive bill payments and perform
equipment exchanges. The facility shall be open during Normal Business Hours. Cavalier
16
shall maintain at least one (1) drop box or payment kiosk within the Service Area for
receiving Subscriber payments after hours.
9.02 Interruption of Service.
A. Cavalier shall render efficient Service, make repairs promptly and interrupt
service only for good cause and for the shortest time possible. Such interruptions to the
extent possible, shall be preceded by notice to City and Subscribers, and shall occur during
periods of minimum use of the System.
B. If Cavalier's Cable Service is interrupted or discontinued for twenty-four (24)
or more consecutive hours, a Subscriber, upon request, shall be entitled upon notification to
Cavalier of a credit of credited pro rata for such interruption. Credits shall be issued no later
than the Subscriber's next billing cycle following the determination that a credit is warranted.
For this purpose, every month will be assumed to have thirty (30) days.
9.03 Subscriber Service Information. Cavalier shall provide written Service information to
each Subscriber (including the City and other recipients of complimentary Service) upon
Installation of Service. This information shall include the following:
A. Products and Services offered.
B. Prices and options for programming Services and conditions of subscription to
programming and other services;
C. Installation and service maintenance policies;
D. Instructions on how to use the Cable Service;
E. Channel positions of the programming carried on the System; and
F. Billing and Complaint procedures, including the address and telephone
number of the City.
9.04 Late Fees. Cavalier shall not impose a late charge on a Subscriber until after the
Service has been fully provided and, as of the due date of the bill notifying the Subscriber of
an unpaid balance, the bill remains unpaid. Late fees may not exceed a monthly rate of one
and one-half percent (1.5%).
9.05 Cavalier shall also provide the necessary facilities, equipment and personnel to
comply with the consumer protection standards set forth in Exhibit C, under Normal
Operating Conditions.
17
SECTION 10.
GENERAL FINANCIAL AND INSURANCE PROVISIONS.
10.01 Payment to City.
A. During the term of this Franchise, Cavalier shall pay a Sales or Use Tax
("Tax") of five percent (5%) of its Gross Revenues, or such other amounts as are
subsequently permitted by state or federal statute. If the Cable Service is provided to
Subscribers in conjunction with other services, then the Tax required by this section shall be
applied only to the value of the Cable Service, as reflected on the books and records of
Cavalier in accordance with any applicable rules, regulations, standards, or orders of the
Federal Communications Commission or the State Corporation Commission, or generally
accepted accounting principles. Any discounts resulting from purchasing the services as a
bundle shall be reasonably allocated between the respective services that constitute the
bundled transaction.
B. With respect to the payment of the Tax, the parties shall comply with all
applicable requirements ofthe provisions of Section 58,1-645 et. seq. of the Code of Virginia
(the "Virginia Communications Sales and Use Tax") in its current form and as may be
amended. Upon payment by Cavalier of any Tax pursuant to this Section 10.01, Cavalier
shall provide to the City a brief report in a form substantially similar to that appearing in
Exhibit B hereto and prepared by a representative of Cavalier showing the basis for the
computation.
C. All amounts paid shall be subject to audit and recomputation by City. In the
event the City should conduct a review of Cavalier's books and records pursuant to Section
8.01 ofthis Franchise and such review indicates a Tax underpayment of three percent (3%)
or more, Cavalier shall assume all reasonable documented costs of such audit, and pay same
upon demand by the City.
10.02 Letter of Credit.
A. Cavalier shall furnish and file with the City a letter of credit in the sum of
Fifty Thousand and No/lOO Dollars ($50,000). The letter of credit shall be conditioned upon
the faithful performance of Cavalier of all terms and conditions of this Franchise. The rights
reserved to City with respect to the letter of credit are in addition to all other rights City may
have under the Franchise or any other law.
B. The letter of credit shall be subject to the approval of City Attorney and shall
contain the following endorsement:
"It is hereby understood and agreed that this letter of credit may not be
cancelled without the consent of the City until sixty (60) days after receipt by
18
the City by registered mail, return receipt requested, of a written notice of
intent to cancel or not to renew."
1 0.03 Liquidated Damages from Letter of Credit. In addition to any other remedies
provided herein, City and Cavalier understand and agree that the failure to comply with any
time and performance requirements set forth in this section will result in damage to the City
and that it is and will be impracticable to determine the actual amount of such damage in the
event of delay or non-performance. Accordingly, as a result of any acts or omissions by
Cavalier, the City may draw from the letter of credit the following liquidated damages:
A. For failure to provide a System meeting the minimum requirements set forth
in Section 5 ofthis Franchise, the liquidated damage shall be Two Hundred and NollOO
Dollars ($200.00) per day for each day or part there of, such failure occurs or continues.
B. For failure to test, analyze and report on the performance of the System
following a reasonable request by City pursuant to Sections 5.07 ofthis Franchise, the
liquidated damage shall be Two Hundred and Noll 00 Dollars ($200.00) per day.
C. For failure to provide the access Charmels and programming origination
points in accordance with Section 6.06 of this Franchise, the liquidated damage shall be
Three Hundred and Noll 00 ($300.00) per day for each day, or part thereof, such breach
occurs or continues.
D. For failure of Cavalier to comply with the construction, operation or
maintenance standards set forth in Section 7 of this Franchise, or the conditions of any
permits issued by the City to disturb Streets, fix Streets, or other terms or conditions placed
on Cavalier's construction activities, the liquidated damage shall be Two Hundred and
NollOO Dollars ($200.00) per day.
E. For failure to provide data, documents, reports or information to cooperate
with City pursuant to Section 8 of this Franchise, the liquidated damage shall be Two
Hundred Dollars and Noll 00 Dollars ($200.00) per day.
F. For failure to maintain a local payment capability pursuant to Section 9.01 of
this Franchise, the liquidated damage shall be One Hundred Fifty and Noll 00 Dollars
($150.00) per day for each day, or part thereof, such breach occurs or continues.
G. For failure to comply with the customer service standards measured on a
quarterly basis contained in Section 9 of this Franchise, the liquidated damage shall be One
Thousand and Noll 00 Dollars ($1,000.00) per calendar quarter for each subsequent quarter
of non-compliance.
H. For failure to obtain or maintain the letter of credit or insurance in a timely
fashion pursuant to Section 10 of this Franchise, the liquidated damage shall be One Hundred
Fifty and Noll 00 Dollars ($150.00) per day for each day, or part thereof, such breach occurs
or continues.
1. For failure to comply with the system transfer provisions pursuant to Section
12 of this Franchise, the liquidated damage shall be Two Hundred Fifty and Noll 00 Dollars
19
($250.00) per day for each day, or part thereof, such failure occurs or continues, measured
from the date of the closing of the transaction in question.
10.04 Procedure for Imposition of Liquidated Damages.
A. Whenever the City finds that Cavalier has violated one (1) or more terms,
conditions or provisions of this Franchise, for which relief is available against the Letter of
Credit, a written notice shall be given to Cavalier informing it of such violation or liability.
The written notice shall describe in reasonable detail the specific violation so as to afford
Cavalier an opportunity to remedy the violation. Cavalier shall have thirty (30) days
subsequent to receipt of the notice in which to correct the violation before the City may
impose liquidated damages or may resort to Cavalier's letter of credit. Cavalier may, within
seven (7) days of receipt of notice, notify the City that there is a dispute as to whether a
violation or failure has, in fact, occurred. Such notice by Cavalier to the City shall specify
with reasonable detail the matters disputed by Cavalier and shall stay the running of the
above-described time.
1. The City or its designee shall hear Cavalier's dispute at a meeting
called in a timely manner. Cavalier shall be afforded notice of the meeting not less
than ten (10) business days prior to the meeting and afforded an opportunity to
participate in and be heard at this meeting, including the opportunity to introduce
evidence. The City or its designee shall supplement the decision with written
findings of fact.
2. If after hearing the dispute the claim is upheld by the City, Cavalier
shall have ten (10) business days from notice of such a determination within which to
file an appeal with an appropriate state or federal court or agency.
B. The time for Cavalier to correct any violation or liability may be extended by
the City if the necessary action to correct such violation or liability is of such a nature or
character to require more than thirty (30) days within which to perform, provided Cavalier
commences the corrective action within the thirty (30) day period and thereafter uses
reasonable diligence to correct the violation or liability. City and Cavalier agree that for
violations involving Section 9.02(A) and (B) ofthis Franchise, Cavalier shall be given a
calendar quarter to cure such violation.
C. The rights reserved to the City with respect to Cavalier's letter of credit are in
addition to all other rights of the City whether reserved by this Franchise or authorized by
law, and no action, proceeding or exercise of a right with respect to Cavalier's letter of credit
shall affect any other right the City may have.
20
10.05 Damages and Defenses.
A. Cavalier shall be responsible for, defend, indemnify and hold City harmless
from and against any damage or loss to any real or personal property of City or any Person,
and for injury to or death of any Person and any officer, employee or agent of City arising
out of or in connection with the construction, operation, maintenance, repair, or removal of,
or any other action of Cavalier with respect to, the System, any service or related activity, or
the distribution of any service over the System.
B. City, its officers, employees and agents shall not be liable for any loss or
damage to any real or personal property of any Person, or for any injury to or death of any
Person, arising out of or in connection with the construction, operation, maintenance, repair
or removal of, or other action or event with respect to the System, except as may result from
the acts of City, its officers, employees and its agents.
C. Cavalier shall be responsible for, defend, indemnify, and hold harmless City,
its officers, employees and agents, from and against any and all liability, damages, costs and
expenses (including reasonable attorneys' fees) arising out of or in connection with the
construction, operation, maintenance, repair, or removal of the System, or as a result of the
procedures for granting this Franchise or of Cavalier's exercise of this Franchise.
D. In order for City to assert its rights to be indemnified, defended, and held
harmless, City must:
1. . Promptly notify Cavalier of any claim or legal proceeding which gives
rise to such right;
2. Afford Cavalier the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of such claim or
proceeding; unless, however, City reasonably determines that its interests cannot be
represented in good faith by Cavalier; and
3. Fully cooperate with the reasonable requests of Cavalier, at Cavalier's
expense, in its participation in, and control, compromise, settlement or resolution or
other disposition of, such claim or proceeding subject to Section 10,06(D)(2).
E. In the event City reasonably determines that its interests cannot be represented
in good faith by Cavalier, Cavalier shall pay all reasonable expenses incurred by City in
defending itself with regard to all damages mentioned in Section 1 O. 06( A) above. These
expenses shall include all out-of-pocket expenses, such as attorney's fees and costs.
10.06 Insurance.
A. As a part of the indemnification provided by Section 10.06, but without
limiting the foregoing, Cavalier shall file with its acceptance of this Franchise, and at all
times thereafter maintain in full force and effect at its sole expense, an acceptable policy or
policies of liability insurance, including comprehensive general liability insurance,
products/completed operations liability, personal injury liability, broad form property
damage, contractual liability, automobile liability (owned, non-owned and hired automobiles)
21
and worker's compensation. Except for worker's compensation and for liabilities arising
from this Franchise, the policy or policies shall name as additional insured, City, and in their
capacity as such, its officers, agents and employees. Cavalier will provide comprehensive
liability coverage and automobile liability coverage with a combined single limit of not less
than One Million and Noll 00 Dollars ($1,000,000), and an Excess Liability Policy with a
combined single limit of not less than Two Million Dollars and Noll 00 ($2,000,000). The
insurance policy or policies shall contain contractual liability insurance naming Cavalier, and
shall insure against the types of liabilities covered by the indemnification and hold harmless
provision of Section 10.06.
B. The policy or policies of insurance shall be maintained by Cavalier in full
force and effect during the entire term of the Franchise. Each certificate of insurance shall
contain a statement on its face that the insurer will not cancel the policy or fail to renew the
policy, whether for nonpayment of premium, or otherwise, and whether at the request of
Cavalier or for other reasons, except after thirty (30) calendar days' advance written notice
mailed by the insurer to City and that such notice shall be transmitted postage prepaid, and
return receipt.
10.07 Work Performed by Others.
A. All provisions of this Franchise shall remain the responsibility of Cavalier,
and Cavalier shall hold City harmless from and against any claims or liability arising out of
work performed by Persons or entities other than Cavalier.
B. All provisions of this Franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of this Franchise.
C. Any subcontractor or other individual or entity performing any work or
services pursuant to the provisions of this Franchise shall fully identify all of its vehicles, and
equipment by decals and signs. All employees and agents of subcontractors and others
performing any work or services pursuant to the provisions of this Franchise shall carry
badges identifying them as contractors for Cavalier.
10.08 City's Right to Revoke. In addition to all other rights which City has pursuant to law
or equity, City reserves the following rights to revoke, terminate or cancel this Franchise, and
all rights and privileges pertaining thereto:
(a) Upon completion of the term of the Franchise, if a new, extended, or renewed
Franchise is not granted to Cavalier by the City, Cavalier's right to occupy the
Public Rights-of-Way shall terminate, subject to applicable federal or state law.
(b) The City shall have the right to revoke the Franchise for any material breach of
the Franchise. To revoke the Franchise for material breach, the City shall give
Cavalier written notice of the default in its performance. If within thirty (30)
calendar days following such written notice from the City to Cavalier, or such
other period as the Franchise Agreement shall require or Cavalier and the City
shall agree, Cavalier has not taken corrective action to the satisfaction of the City,
the City may give written notice to Cavalier of its intent to revoke the Franchise,
stating its reasons; provided that no opportunity to cure shall be provided where
22
Cavalier is shown to have defrauded or attempted to defraud the City or its
Subscribers.
(c) Prior to revoking the Franchise, the City shall hold a public hearing, on thirty (30)
calendar days' notice, at which time Cavalier and the public shall be given an
opportunity to be heard and to present evidence and witnesses. Following the
public hearing, the City may determine whether to revoke the Franchise based on
the information presented at the hearing, and other information of record, or,
where applicable, grant additional time to Cavalier to affect any cure. If the City
determines to revoke the Franchise, it shall issue a 'Written decision setting forth
the reasons for its decision. A copy of such decision shall be transmitted to
Cavalier. After the public hearing and upon determination by City to revoke the
Franchise, Cavalier shall have a period of thirty (30) days from the date of City's
determination within which to file an appeal de novo with an appropriate state or
federal court or agency. During the appeal period, the Franchise shall remain in
full force and effect.
(d) If the City revokes the Franchise, or if for any other reason Cavalier terminates it,
the following procedures and rights are effective: The City may require Cavalier
to remove its facilities and equipment at Cavalier's expense and restore affected
sites as required by applicable law, or permit Cavalier to abandon such facilities
in place, unless Cavalier sells its facilities and equipment to an entity that is
granted a franchise by the City. If Cavalier fails to remove its facilities within a
reasonable period of time, the City may have the removal done at Cavalier's
and/or surety's expense.
SECTION 11.
FORECLOSURE, RECEIVERSHIP AND ABANDONMENT.
11.01 Foreclosure. Upon the foreclosure or other judicial sale of the System, Cavalier shall
notify City of such fact and such notification shall be treated as a notification that a change in
control of Cavalier has taken place, and the provisions of this Franchise governing the
consent to transfer or change in ownership shall apply without regard to how such transfer or
change in ownership occurred.
11.02 Receivership. City shall have the right to cancel this Franchise subject to any
applicable provisions of federal or Virginia law, including the Bankruptcy Act, one hundred
twenty (120) days after the appointment of a receiver or trustee to take over and conduct the
business of Cavalier, whether in receivership, reorganization, bankruptcy or other action or
proceeding, unless such receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred twenty (120) days, or unless:
A. Within one hundred twenty (120) days after his election or appointment, such
receiver or trustee shall have fully complied with all the provisions of this Franchise and
remedied all defaults thereunder; and
B. Such receiver or trustee, within said one hundred twenty (120) days, shall
have executed an agreement, duly approved by the Court having jurisdiction in the premises,
whereby such receiver or trustee assumes and agrees to be bound by each and every
provision of this Franchise.
23
11.03 Abandonment. Cavalier may not abandon any portion of the System without having
first given three (3) months written notice to City. Cavalier may not abandon any portion of
the System without compensating City for damages resulting from the abandonment. City
may recover from Cavalier, its parent company or subsidiaries for the reasonable cost of
removal of the System.
SECTION 12.
REMOVAL, TRANSFER AND PURCHASE.
12.01 Removal After Expiration and Non-Renewal. or Revocation.
A. At the expiration of the term for which the Franchise is granted, and absent
renewal or extension, or upon its revocation, as provided for, City shall have the right to
require Cavalier to remove, at Cavalier's expense, all or any portion of the System from all
Streets and Public Property within the City. In so removing the System, Cavalier shall refill
and compact at its own expense, any excavation that shall be made and shall leave all Streets,
Public Property and private property in as good a condition as that prevailing prior to
Cavalier's removal of the System, and without affecting, altering or disturbing in any way
electric, telephone or utility, cables, wires or attachments. City shall have the right to inspect
and approve the condition of such Streets and Public Property after removal. The letter of
credit, insurance, indemnity and penalty provision of the Franchise shall remain in full force
and effect during the entire term of removal.
B. If, in the sole discretion of City, Cavalier has failed to commence removal of
the System, or such part thereof as was designated, within thirty (30) days after written notice
of City's demand for removal is given, or if Cavalier has failed to complete such removal
within one (1) year after written notice of City's demand for removal is given, City shall
have the right to exercise one (1) of the following options:
1. Declare all right, title and interest to the System to be in City with all
rights of ownership including, but not limited to, the right to operate the System or
transfer the System to another for operation by it; or
2, Declare the System abandoned and cause the System, or such part
thereof as City shall designate, to be removed at no cost to City. The cost of said
removal shall be recoverable from the letter of credit, indemnity and penalty section
provided for in the Franchise, or from, Cavalier directly.
12.02 Sale or Transfer of Franchise. Transfer of the Franchise is subject to applicable local,
state, and federal laws and regulations.
SECTION 13.
RIGHTS OF INDIVIDUALS PROTECTED.
13.01 Discriminatory Practices Prohibited. Cavalier shall not deny Service, deny access, or
otherwise discriminate against Subscribers, programmers or general citizens on the basis of
race, color, religion, national origin, sex, age or handicap. Cavalier shall comply at all times
with all other applicable federal, state and local laws, and all executive and administrative
orders relating to non-discrimination.
24
13.02 Subscriber Privacy. Cavalier shall comply with the provisions of 47 U.S.c. S 551 as
currently written and as may from time to time be subsequently amended, and with any
successor provision, however numbered.
SECTION 14.
MISCELLANEOUS PROVISIONS.
14.01 Compliance with Laws. Cavalier and City shall comply with all applicable state and
federal laws and rules regarding cable television as they become effective. Cavalier shall
also comply with all City ordinances, resolutions, rules and regulations of general
applicability heretofore or hereafter adopted or established during the entire term of the
Franchise,
14.02 Franchise Renewal. Any renewal of this Franchise shall be performed in accordance
with applicable federal, state and local laws and regulations.
14.03 Continuity of Service Mandatory, Upon expiration and non-renewal or the
termination of this Franchise, City may require Cavalier to continue to operate the System for
a further period of time not to exceed sixty (60) days. During that time period, Cavalier shall
continue to operate the System under the terms and conditions of this Franchise. In the event
Grantee does not so operate the System, City may take such steps as it, in its sole discretion,
deems necessary to assure continued Service to Subscribers,
14.04 Compliance with Federal. State and Local Laws.
A. If any federal or state law or regulation requires Cavalier to perform any
service or act, or prohibits Cavalier from performing any service or act, which may be in
conflict with the terms of this Franchise, then as soon as possible following Cavalier's
knowledge thereof, Cavalier shall notify City of the point of conflict believed to exist
between such law or regulation.
B. If any federal or state law or regulation permits Cavalier to perform any
service or act, or permits Cavalier to cease the performance of any service or act, which may
be to conflict with the terms of this Franchise, then as soon as possible following Cavalier's
determination to exercise such permission, Cavalier shall notify City of the point of conflict
believed to exist between such law or regulation,
C. If any term, condition or provision of this Franchise or the application thereof
shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the
application of such term, condition or provision other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue to be effective and to be
complied with. In the event that such law, rule or regulation is subsequently repealed,
rescinded, amended or otherwise changed so that the provision which had been held invalid
or modified is no longer in conflict with the law, rules and regulations then in effect, said
provision shall thereupon return to full force and effect and shall thereafter be binding on
Cavalier and City.
D. If any section, sentence, clause or phrase of this Franchise, or any part thereof,
is for any reason found to be inconsistent with the rules and regulations of the FCC or invalid
25
by a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Franchise or any part thereof.
14.05 Nonenforcement by City. Cavalier shall not be relieved of its obligation to comply
with any of the provisions of this Franchise by reason of any failure or delay of City to
enforce prompt compliance. Any waiver by City of a breach or violation of any provision of
this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or
violation. However, City shall notify Cavalier prior to City's insistence on strict
performance subsequent to any previously waived breach or delayed compliance.
14.06 Administration of Franchise.
A. City shall have continuing regulatory jurisdiction and supervision over the
System and Cavalier's operation under the Franchise. City may issue such reasonable rules
and regulations concerning the construction, operation and maintenance of the System as are
consistent with the provisions of the Franchise. City reserves the right to delegate and
redelegate from time to time any of its rights and obligations under this Franchise.
B. Cavalier shall construct, operate and maintain the System subject to the
supervision of all the authorities of City who have jurisdiction in such matters and in strict
compliance with all laws, ordinances, and departmental rules and regulations consistent with
the provisions of the Franchise affecting the System.
14.07 No Recourse Against the City. Cavalier shall have no recourse whatsoever against
City or its officials, agents or employees for any loss, costs, expense, or damage arising out
of any provision or requirement of this Franchise, or because of the enforcement of the
Franchise.
14,08 Rights Cumulative. All rights and remedies given to City and Cavalier by this
Franchise shall be in addition to and cumulative with any and all other rights or remedies,
existing or implied, now or hereafter available to City and Cavalier at law or in equity, and
such rights and remedies shall not be exclusive, but each and every right and remedy
specifically given by this Franchise or otherwise existing or given may be exercised from
time to time and as often and in such order as may be deemed expedient by City and
Cavalier, and the exercise of one (1) or more rights or remedies shall not be deemed a waiver
of the right to exercise at the same time or thereafter any other right or remedy.
14.09 Incorporation of Attachments. The attachments to this Franchise consisting of
Exhibits A through C, as specifically incorporated herein and made a part hereof.
14.10 Captions. The paragraph captions and headings in this Franchise are for convenience
and reference purposes only and shall not affect in any way the meaning or interpretation of
this Franchise.
14.11 Calculation of Time. Where the performance or doing of any act, duty, matter,
payment or thing is required hereunder and the period of time or duration for the
performance or doing thereof is prescribed and fixed herein, the time shall be computed so as
to exclude the first and include the last day of and prescribed or fixed period or duration of
time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day
26
shall be omitted from the computation. Unless otherwise specifically stated, the calculation
of days shall be based upon calendar and not business days.
14.12 Confidentiality. To the fullest extent allowed by law, City shall keep confidential any
information identified as confidential by Cavalier, and provided to City by Cavalier pursuant
to this Franchise.
14.13 Force Maieure. In the event Cavalier unavoidably fails to comply with any deadline
or schedule contained herein, or unavoidably fails to perform any of the terms and conditions
contained herein, without any fault or negligence of Cavalier, or by any cause beyond the
reasonable control of Cavalier, including, but not limited to, unavoidable casualty,
unavoidable delay in delivery of required materials, strikes, embargoes, government orders or
other requirements, acts of civil or military authorities, acts of God or other emergency
conditions, Cavalier shall not be deemed in breach of this Franchise and shall be entitled to
an appropriate extension of applicable deadlines or schedules.
SECTION 15.
EFFECTIVE DATE AND TIME OF ACCEPTANCE.
15.01 Effective Date. This Franchise shall take effect on the _ day of
2007.
15.02 Time of Acceptance: Incorporation of Proposal; Exhibits.
A. Cavalier shall accept this Franchise in a form and substance acceptable to City
within thirty (30) days of the adoption of this ordinance unless the time of acceptance is
extended by City. Such acceptance by Cavalier shall be deemed the grant of this Franchise
for all purposes. In the event acceptance does not take place, this Franchise shall be null and
void.
B. With Cavalier's acceptance of this Franchise, Cavalier and City shall be
bound by all terms and conditions contained herein.
C. Within thirty (30) days of this acceptance, Cavalier shall also deliver any
letter of credit and insurance certificates required herein that have not previously been
delivered. Cavalier shall also provide a chart showing the current ownership structure of the
company, including any parent entities.
D. Upon acceptance of this Franchise, Cavalier shall be bound by all the terms
and conditions contained herein. Cavalier shall provide all services and offerings specifically
set forth herein. Cavalier acknowledges representations, adoption of this made by Cavalier,
the obligations that all promises, offers, and inducements resulting in the Franchise were
freely and voluntarily and Cavalier further acknowledges that of Cavalier contained herein
are commercially practicable.
E. The Franchise shall be permanently kept and filed in the office of the City
Clerk and non-confidential portions of the originals or reproductions thereof shall be
available for inspection by the public during Normal Business Hours.
Passed and adopted by the City Council on this _ day of
,2007.
27
ATTEST:
By:
CITY OF VIRGINIA BEACH, VIRGINIA
By:
Its:
Its: Mayor
Approved as to Content:
eJs\
\.Y'I.A
De . f Communications and
Information Technology
Approved as to Legal Sufficiency:
/if II - C"v'
, . '--~ It/--'" IV-
Office of ity Attorney
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and
conditions.
Date: upri I 2. 3 , _ 2007
SWORN TO BEFORE ME this
z.3 day of '41 r d , 2007.
NOT!!~
CA V ALlER IP TV, LLC
BY:~/~
Its: /J- e.J) A, ,7 +
~
Sherry Brown
NOTARY PUBUC
Commonwealth of Virginia
My Commission expires
February 29, 2008
28
EXHIBIT A TECHNICAL STANDARDS
1. The Cable System shall be designed, constructed, routinely inspected, and
maintained to guaranty the Cable System meets or exceeds the requirements of the most
current applicable editions of the National Electrical Code (NFPA 70) and the National
Electrical Safety Code (ANSI C2).
2. General Requirements. Cavalier shall use equipment used in high-quality,
reliable, modem Cable Systems of similar design.
3, General Descriotion, The Cable System shall provide Subscribers with a
technically advanced and reliable Cable System. The System shall operate with a
minimum capability of being capable of delivering a minimum of seventy-eight (78)
Channels of programming. The System will be two-way active. The design will provide
the benefits of proven seventy-eight (78) Channel electronics while positioning the
System for expansion of bandwidth and Channel capacity as technology and future
services develop.
4. Design. The design of the System shall be based upon a copper-based DSL
architecture.
5. System Requirements. The System shall, at all times during the Franchise term,
meet or exceed the following requirements:
(a) The System shall ensure that each part of the System's distribution
network is capable of operating for not less than three (3) hours according to
manufacturer's reasonable specifications, in view of local conditions, in the event of an
electrical outage. Cavalier shall use equipment that will (A) cut in automatically on
failure of commercial utility AC power, (B) revert automatically to AC power when such
power is restored, (C) prevent the standby power source from powering a "dead" utility
line, and (D) alert Cavalier's staff when the backup power supply cuts in. The obligation
to provide such backup power supplies shall apply to Cavalier's headend, each fiber optic
node, and any other location(s) within the System necessary to maintain service to
Subscribers who have power for not less than three hours in the event of an electrical
outage affecting the System.
(b) The System shall function so that a signal received at the headend in color
may be received by a Subscriber in color and a stereo signal in stereo, without substantial
alteration or deterioration in those respects.
(c) Cavalier shall comply with all applicable laws and regulations concerning
System compatibility with Subscribers' television receivers and/or electronic recording
devices.
(d) Cavalier shall comply with all FCC regulations regarding scrambling or
other encryption of signals.
(e) The System shall function so that there is no significant deterioration in
the quality of PEG Access signals or leased Access signals, either upstream or
downstream, as compared with any other channel on the System.
(f) Cavalier shall ensure that means are available to enable Subscribers to
block out audio and video on any undesired channels on the System.
(g) The System shall function so that any Subscriber can limit access to pay-
per-view programming by ensuring that pay-per-view programming can only be activated
by the positive action of the Subscriber using, for example, a private identification
number or other individual selection procedure.
(h) All programming delivered to Cavalier with closed captions shall be
retransmitted by the System with the closed-caption signal included.
(i) Cavalier shall work cooperatively with any services that allow hearing-
impaired Subscribers to contact Cavalier by telephone.
G) System capabilities: The System shall utilize a copper (or better) fed DSL
distribution network (or better) or fiber distribution network.
(k) Cavalier shall maintain sufficient trucks, tools, testing equipment,
monitoring devices and other equipment and facilities and trained and skilled personnel
required to enable Cavalier to substantially comply with applicable law, including
applicable customer service standards and including requirement or responding to system
outages.
(1) The system shall be designed to be capable of interconnecting with other
cable systems in the Franchise Area. -
(m) The system shall, if technically capable, transmit in high definition any
signal which is received in high definition.
EXHIBIT B SALES OR USE TAX QUARTERLY REPORT
QUARTER ENDED
,20_
REVENUE NUMBER OF GROSS REVENUE 5% YTD
SOURCE SUBSCRIBERS TAX
Basic Cable Service
Expanded Basic
Premium services
Pay-Per-Channel
Pay-Per-View
Installation
Shopping Channels
Advertising Sales
Equipment Rental
Administrative Fees
Other Income
Other
TOTAL
REVENUE SOURCES MAY INCLUDE:
INSTALLATION:
Standard Installation
Additional Outlet
FM Service
VCR
Reconnection of Service
A/B Switch
Relocation
Non-Standard
Change of Service
BASIC CABLE SERVICE:
Basic Cable Service
Bulk Rates
Reduced Promotional Basic
Commonly occurring normal Installation
Installation on additional sets within a Subscriber's home
Separate Installation of FM Service
Installation of Converter to a VCR
Reconnection of cable to a Subscriber's address
Separate Installation of an A/B Switch
Moving an outlet within a Subscriber's home
Usually Installation of a commercial type of an account
Charge for upgrading or switching a premium Service
Revenue derived from Basic Cable Service
Revenue derived from non-standard billings (i.e., apt. complex)
Revenue derived from a discounted Basic Cable Service
PAY-PER-VIEW:
All Movies
Events
ADVERTISING:
Sales
Ad Production
Production Income
Tape Duplication
Bill Stuffer
OTHER:
Returned Check Fees
Pre-wired Cable Purchases
Antenna Rental
AIB Switch
Late Fee
OTHER:
DOES NOT INCLUDE:
Reimbursements
Verified and submitted this
Revenue derived from pay-per-view movies
Revenue derived from special events (i.e., concerts, boxing matches, etc.)
Revenue generated locally, regionally or nationally
Revenue generated from the production of a locally produced commercial
Revenue generated from the production of training tapes, studio rentals,
personnel fees, or rental income from renting vans or equipment
Revenue generated from duplication of L.a. or access tapes
Revenue generated as a result of providing a bill stuffer to an advertiser
Revenue generated from charges on returned checks
Revenue generated from the sale of Cable Service to Subscribers who pre-wire
their home
Any revenue derived from renting space on towers
Revenue generated from sale of an AIB Switch
Revenue generated from receiving a late fee
Revenues from the Department of Transportation or other government entities
for mandatory relocations of Cable System. Revenue from employee
reimbursements for cash advances.
day of
,20_.
By:
Its:
EXHIBIT C
CUSTOMER SERVICE STANDARDS
1. Customer service - Generally. These standards sets forth minimum customer service
standards that Cavalier must satisfy. In addition, Cavalier shall at all times satisfy any
additional or stricter requirements established by FCC regulations, or other applicable
federal, state, or local law or regulation, as the same may be adopted or amended from
time to time.
2. Telephone answering.
(a) Trained company representatives shall be available to respond to customer
telephone inquiries during normal business hours.
(b) Cavalier shall use its best efforts to comply with the following standards.
Cavalier shall not be subj ect to liquidated damages for noncompliance with the standards
set forth in sections 2(b)(1) and 2(b)(2) below if, under normal operating conditions, the
standards are met at least ninety percent (90%) of the time, measured quarterly. For
purposes of this calculation and all pertinent reports, Cavalier may not omit data for
conditions other then normal operating conditions unless Cavalier has explained to the
City the time period and the conditions involved, and the City has approved that
classification.
(1) Telephone answering time shall not exceed thirty (30) seconds, and the
time to transfer the call to a customer service representative (including
hold time) shall not exceed an additional thirty (30) seconds.
(2) A customer will receive a busy signal less than three percent (3%) of the
time.
(c) Cavalier shall obtain and maintain sufficient telephone lines and staffing to
meet the requirements of this article. Cavalier shall not block incoming calls or
otherwise use equipment or procedures that would result in an inaccurate account of all
calls made to Cavalier; any such practice shall constitute fraud and shall be an
independent violation of the customer service standards.
(d) At least one person in responsible charge of Cavalier's operations in the City
shall be available by local telephone during such hours as the business office is closed,
and the telephone number of such person shall be supplied in advance to the City
manager and to the City's police and fire divisions.
3. Installations and service calls.
(a) Cavalier shall respond to service calls and complaints promptly and shall use
its best efforts to comply with the following standards. Cavalier shall not be subject to
liquidated damages for noncompliance with these standards if, under normal operating
conditions, the standards are met at least ninety-five percent (95%) of the time, measured
quarterly.
(1) Cavalier shall commence repairs for service interruptions affecting more
than one hundred (100) subscribers within two (2) hours after Cavalier
becomes aware of the interruption, including Saturdays, Sundays, and
legal holidays.
(2) Cavalier shall commence repairs for all other service interruptions within
twenty-four (24) hours after Cavalier becomes aware of the interruption,
including Saturdays, Sundays, and legal holidays.
(3) Cavalier shall commence work on all requests for service other than
service interruptions by the next business day after it receives the request
for service or otherwise becomes aware of the need for service.
(4) Cavalier will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four (24) hours a day,
seven (7) days a week. Trained Cavalier representatives will be available
to respond to customer telephone inquiries during Normal Business Hours.
After Normal Business Hours, the access line may be answered by a
service or an automated response system, including an answering
machine, Inquiries received after Normal Business Hours must be
responded to by a trained Cavalier representative on the next business day.
(b) All service for which a completion time is not otherwise specified must be
completed within a reasonable time after the date of the initial request, unless, for reasons
beyond Cavalier's control, the work could not be completed in those time periods even
with the exercise of all due diligence, in which case Cavalier shall complete the work in
the shortest time possible. The failure of Cavalier to hire sufficient staff or to properly
train its staff shall not justify Cavalier's failure to comply with this provision.
(c) Cavalier shall investigate subscriber complaints referred by the City within
five (5) business days. Cavalier shall notify the City of those matters that necessitate an
excess offive (5) business days to resolve, but those matters must be resolved within
fifteen (15) days of the initial complaint. The City may require reasonable
documentation to be provided by Cavalier to substantiate the request for additional time
to resolve the problem. For purposes of this Section, "resolve" means that Cavalier shall
perform those actions, which, in the normal course of business, are necessary to
investigate the Customer's complaint and advise the Customer of the results of that
investigation.
(d) Appropriate records shall be made of service calls, showing when and what
corrective action was completed. Such records shall be available to the City during
normal business hours and retained for not less than three (3) years.
(e) Cavalier shall perform service calls, installations, and disconnects at least from
8 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 5 p.m. Saturday. In addition,
maintenance service capability enabling the prompt location and correction of major
system malfunctions shall be available seven (7) days a week, twenty-four (24) hours a
day, including Saturdays, Sundays, and holidays.
(f) The appointment window for installations, service calls, and other installation
activities shall be either a specific time or, at maximum, a four (4)-hour time block during
the time from 8 a.m. to 6 p.m. Monday through Friday and 8 a.m, to 5 p,m. Saturday.
Where a subscriber is unable to arrange for a service call or installation during that
period, Cavalier shall also schedule service and installation calls at reasonable times
outside that period.
(g) Cavalier may not cancel an appointment with a subscriber after 6 p.m. on the
business day preceding the appointment, unless the appointment is for a Monday, in
which case Cavalier may not cancel after 5 p.m. on Saturday. If Cavalier's representative
is running late for an appointment with a subscriber and will not be able to keep the
appointment as scheduled, the subscriber will be contacted, and the appointment
rescheduled, as necessary, at a time which is reasonably convenient for the subscriber.
(h) Cavalier shall afford subscribers a three (3)-day right of rescission for ordering
service over the cable system, except that such right of rescission shall end upon
initiation of installation, whether physically or electronically, on the subscriber's
premises or upon provision of service to the subscriber,
(i) Under normal operating conditions, billing inquiries and requests for service,
repair, and maintenance not involving service interruptions must be acknowledged by a
trained customer service representative within twenty-four (24) hours, or prior to the end
of the next business day, whichever is earlier. Cavalier shall respond to all other
inquiries within five (5) business days of the inquiry.
G) Except as federal law may specifically require, no charge shall be made to the
subscriber for repairs or maintenance of Cavalier-owned equipment or facilities, except
for the cost of repairs to Cavalier's equipment or facilities where it can be shown that the
equipment or facility was damaged by a subscriber.
(k) With regard to mobility-limited subscribers, upon subscriber request, Cavalier
shall arrange for pickup and/or replacement of converters or other Cavalier equipment at
the subscriber's address or by a satisfactory equivalent (such as the provision of a
postage-prepaid mailer).
(1) All personnel, agents and representatives of Cavalier, including subcontractors
that have occasion to deal directly with subscribers in the field shall carry photo
identification badges, to be displayed upon request, when acting on behalf of Cavalier.
(m) Cavalier shall provide advance notice, in light of the circumstances, prior to
entry whenever desiring to enter any private property within the City. Work performed
in easements and rights-of-way during system outage periods is exempted.
4. Notice.
(a) When a subscriber is connected or reconnected to a cable system, and at any
time upon request, Cavalier shall provide each subscriber with written information
concerning the following. Copies of all such materials provided to subscribers shall also
be provided to the City.
(1) a written description of products and services offered, including a
schedule of rates and charges, a list of channel positions, and a description
of programming services, options, and conditions;
(2) a written description of Cavalier's installation and service maintenance
policies, delinquent subscriber disconnect and reconnect procedures, and
any other of its policies applicable to its subscribers;
(3) notice regarding subscribers' privacy rights pursuant to 47 D,S.C. S 551;
(4) notice regarding subscribers' rights relating to home wiring.
(b) Cavalier shall provide to all subscribers and to the City at least thirty (30)
days' written notice before the implementation of any change in rates, services, channel
positions, business hours, or legal holidays. Such notice shall state the precise amount of
any rate change and briefly explain in accurate and readily understandable fashion the
cause of the rate change (e.g., inflation, changes in external costs or the addition/deletion
of channels). When the change involves the addition or deletion of channels, each
channel added or deleted must be separately identified.
( c) All Cavalier promotional materials, announcements, and advertising of
residential cable service to subscribers and the general public, where price information is
listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-
per-view or pay-per-event programming, all promotional materials must clearly and
accurately disclose price terms and in the case oftelephone orders, Cavalier shall take
_ appropriate steps to ensure that price terms are clearly and accurately disclosed to
potential customers before the order is accepted.
5. Billing.
(a) Bills shall be clear, concise, and understandable, and shall not be such as to
mislead a reasonable subscriber as to any matter reflected on the bill. Bills must be fully
itemized with itemizations including, but not limited to, basic and premium service
charges and equipment charges. Bills shall clearly delineate all activity during the billing
period, including optional charges, rebates, and credits.
(b) Refund checks or credits to subscribers shall be issued promptly, but no later
than the later of-
(1) the subscriber's next billing cycle, or thirty (30) days, following resolution
of the refund request, whichever is earlier; or
(2) the return of all equipment supplied by Cavalier, if service is terminated.
(c) Cavalier's first billing statement after a new installation or service change shall
be prorated as appropriate and shall reflect any security deposit.
(d) Credits
(1) The account of any subscriber shall be credited a prorated share of
the monthly charge for service, upon the subscriber's reasonably prompt
request, whenever:
(A) the subscriber is without service for a period that exceeds
twelve (12) hours during any twenty-four (24) -hour period; or
(B) service is substantially impaired for any reason for a period
that exceeds twelve (12) hours during any twenty-four (24) -hour
period.
(2) The credits required under subsection (d)(l) shall not apply if:
(A) it can be documented that a subscriber seeks a refund for an
outage or impairment that the subscriber caused; or
(B) a planned outage occurred between the hours of 12:00
midnight and 6:00 a.m.
(3) Credits for service shall be issued no later than the subscriber's
next billing cycle following the determination that a credit is warranted.
(e) No charge may be made for any service or product that the subscriber has not
affirmatively indicated it wishes to receive. Payment of the regular monthly bill does not
in and of itself constitute such an affirmative indication.
6. Disconnection.
(a) Any security deposit and/or other funds due the subscriber shall be refunded
on disconnected accounts after any customer premises equipment provided by Cavalier
has been recovered by Cavalier. The refund must be made within thirty (30) days or by
the end of the next billing cycle, whichever is earlier, from the date disconnection was
requested (or, if later, the date on which any customer premises equipment provided by
Cavalier is returned).
(b) Cavalier shall provide at least three (3) days' written notice prior to
discontinuance of service due to nonpayment and shall not terminate for nonpayment
where the payment relates to service not yet provided. Where Cavalier has improperly
discontinued service, it shall provide free reconnection.
(c) Cavalier may immediately disconnect a subscriber if the subscriber is
damaging or destroying Cavalier's cable system or equipment. After disconnection,
Cavalier shall restore service after the subscriber provides adequate assurance that it has
ceased the practices that led to disconnection, and paid all proper fees and charges,
including any reconnect fees and amounts owed Cavalier for damage to its cable system
or equipment.
(d) Cavalier may also disconnect a subscriber that causes signal leakage in excess
of federal limits. Disconnection may be effected after five (5) days' written notice to the
subscriber, if the subscriber fails to take steps to correct the problem. Alternatively,
Cavalier may disconnect a subscriber without notice where signal leakage is detected
originating from the subscriber's premises in excess of federal limits, provided that
Cavalier shall immediately notify the subscriber of the problem and, once the problem is
corrected, reconnect the subscriber.
7, Customer service - Other.
Cavalier shall keep such records as are necessary to show compliance with these
customer service standards and FCC customer service standards.
.~ i
; ~ ~
,. .;
~ i
()
;::;:
'<
<-
-.()
lOo
-.c
2.::s
m-<,
(D-
roll
m-i
0<
~=r 0
~~
'"'I
m
(Q
CD
a~ ~
~~i ~
:H :
;i;
;a
'.,
~F
:(\
.~
,:~
;..u
" .~
. < .: ""'.
'.. ",,-'
~~.:~'qJ
; ~ ~.~
\~;
EXHIBIT D
INITIAL SERVICE AREA
_._---_._-------------,--------------------------_._-~-----~-_.._--
--
~
48"':'\"""
~~"'."".""l..C+'A
,rtf.t'~l..~'::fl
(Jo:.' ,...-'" , .......)
}si " %,' r~~
(,~.~? ' ~~iJ
t~4~~..::"~~J
,-:~~:,O...,..
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Approve the Transfer of $3,900,000 within the FY 2006-07 School
Board Operating Budget
MEETING DATE:
May 1, 2007
. Background: The FY 2006-07 School Operating Budget was appropriated by City
Council by categories, and any transfer of funds between the categories must be approved by
City Council prior to the transfer and expenditure of funds by the School Board.
. Considerations: On April 17, 2007, the administration of the Virginia Beach City Public
Schools presented a mid-year review of the FY 2006-07 Operating Budget and indicated that
approximately $7.9 million of appropriated funds is available (largely through turnover in
personnel) to purchase needed materials, services, and equipment. Of this $7.9 million, $3.9
million needs to be transferred to accommodate these purchases.
On April 17, the School Board adopted a resolution requesting the transfer of $3.9 million. The
attached School Board Resolution requests that the City Council approve categorical transfers
as follows:
. $2,375,000 from Instruction to Operations and Maintenance
. $500,000 from Instruction to Transportation
. $825,000 from Instruction to Administration
. $200,000 from Instruction to the School Cafeteria Fund
. Public Information: Public Information will be handled through the normal Council
agenda notification process.
. Alternatives: $3.9 million in excess funds in the Instruction category would revert to the
fund balance of the City's General Fund at the end of the fiscal year. By City Council Policy, the
School Board would then seek appropriation of these funds after the end of the fiscal year to
meet one-time needs.
. Recommendations: It is recommended that the City Council approve the transfer of
$3.9 million.
. Attachments: School Board Resolution dated April 17, 2007 and Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager~ t,~~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
AN ORDINANCE TO APPROVE THE TRANSFER OF
$3,900,000 WITHIN THE FY 2006-07 SCHOOL
OPERATING BUDGET
WHEREAS, on April 17, 2007, the School Board adopted a
resolution recommending the transfer of funds from the
Instruction category to purchase needed materials, services, and
equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That as requested by the School Board, City Council hereby
approves the transfer of $3,900,000 from the Instruction
Category of the FY 2006-07 School Operating Fund as follows:
(1) $2,375,000 to the Operations and Maintenance Category
within the School Operating Fund;
(2) $500,000 to the Transportation Category within the
School Operating Fund;
(3) $825,000 to the Administration Category within the
School Operating Fund; and
(4) $200,000 to the School Cafeteria Fund.
Adopted by the
Virginia, on this
Council of the City
day of May, 2007.
of
Virginia
Beach,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~4
~b
City Attor~ce
CA10377
V:\applications\citylawprod\cycom32\WpdocS\D023\P001\O0031958.DOC
R-3
April 23, 2007
~ IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
-,
:J
SCHOOL BOARD
:]
Daniel D. Edwards
Chairman
District 1 . Centerville
1513 Beachview Drive
VA Beach, V A 23464
495.3551 (h) . 717.0259 (c)
Rita Sweet Sellitto
Vice Chairman
At.Large
P.O. Box 6448
VA Beach, VA 23456
418.0960 (c)
]
Todd C. Davidson
At. Large
2424 Savannah Trail
VA Beach. VA 23456
427.3330 (w) . 285.9409 (c)
]
Emma L. "Em" Davis
District 5 . Lynnhaven
1125 Michaelwood Drive
VP-. Beach, VA 23452
340.8911 (h)
Patricia G. Edmonson
District 6 - Beach
401.205 Harbour Point
VP-. Beach. VA 23451
428.5240 (h)
]
Edward F. Fissinger, Sr.
At-large
412 Becton Place
VA Beach, VA 23452
486.4567 (hi
3
Dan R. lowe
District 4 - Bayside
4617 Red Coat Road
VA Beach. VA 23455
490.3681 (hI
]
Lyndon S. Remlas
District 7 - Princess Anne
3225 Nansemond Loop
VA Beach. VA 23456
630-6102 (cl
Sandra Smith-Jones
District 2 - Kempsville
705 Rock Creek Court
VA Beach. VA 23462
490.8167 (hi
..\
Michael W. Stewart
District 3 . Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498.4303 (h) . 445-4637 (w)
Carolyn D. Weems
At-Large
1420 Claudia Drive
VA Beach. VA 23455
464.6674 (h)
SUPERINTENDENT
James G. Merrill, Ed.D.
25 t 2 George Mason Drive
VA Beach. VA 23456
263-1007
RESOLUTION REGARDING FY 2006/07 SPENDING PLAN AND
REQUEST FOR CATEGORICAL TRANSFER
WHEREAS, On April 17, 2007, the Administration presented to the School Board a mid-year
review of the FY 06/07 Operating Budget which indicated that approximately $7,900,000 million of
$695,251,573 or 1.13% of the FY 06/07 appropriated funds were available; and
WHEREAS, on Aprill7, 2007 the Administration made recommendations regarding the uses of
the FY 06/07 available funds; and;
WHEREAS, the administration recommends that the $7.9 million be allocated as follows:
. $ 1,000,000 for remaining ARC for GASB-45
. $ 1,500,000 for School Plant general maintenance and repair
. $ 1,500,000 for the Bus Replacement cycle
. $ 1,600,000 for 3 MS Distance Learning Labs, classroom projectors & printers
. $ 1,800,000 for Servers, administrative computers for schools & departments
. $ 300,000 for vehicle replacement
. $ 200,000 for Food Service Replacement Equipment; and
WHEREAS, the Board approves and affirms the recommended uses of the FY 2006/2007
Operating funds as presented by the Administration; and
WHEREAS, categorical transfers are necessary to facilitate some of these purchases; and
WHEREAS, any transfer of funds between categories must be approved by City Council prior to
transfer and expenditure of funds by the School Board; now therefore be it
RESOLVED: That the Board approves and affirms the recommended uses and directs the
Administration to proceed with expending/encumbering/transferring items (after approval ofthe City
Council), and be it further
RESOLVED: That the Board requests the City Council to approve categorical transfers as
follows
. $ 2,375,000 from Instruction to Operations and Maintenance
. $ 500,000 from Instruction to Transportation
. $ 825,000 from Instruction to Administration
. $ 200,000 from Instruction to Cafeteria Fund
and be it further
RESO L VED: That a copy of this resolution be spread across the official minutes of this Board,
and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member
of City Council, the City Manager, and the City Clerk.
:-f;t~'->. ~
SEAL
Attest:
~?~
Dianne P. Alexander, Clerk of the Board
School Administration Building. 2S 12 George Mason Drive . P.O. Box 6038 . Virginia Beach. VA 23456-0038
,
:J
Detailed Description of Items in Resolution Regarding FY 2006-07 Spending Plan
(Resolution Dated 4/17/07)
J
GASB-45
VBCPS' Annual Required Contribution (ARC) is $10.5 million -to-date
we have set aside $4.5 million from Actual Over Budget funds, $4.5 million
in the proposed 2007-08 Operating Budget and this $1 million will
provide a combined total of $10.5 million
]
School Plant General Maintenance and Repair
Chiller replacement at W.T. Cooke Elem., auditorium HVAC replacement at
Kempsville HS, design of football lighting pole replacements, design of
replacement HVAC console units at Pembroke Elem., replacement of
specialty sound systems at 18 schools, kitchen range hood fire suppression
system at 7 schools, termite damage repairs at 4 schools, replace asbestos-
containing fire doors in various locations, repair fire doors at Larkspur MS.
repair portable classrooms being moved to Kemps Landing, remove asbestos.
floor tile in the Plumbing Shop at Tech Center, remove peeling paint and repaint
part of gym ceiling at Landstown HS, remove damaged canopies at Virginia
Beach MS, purchase new forklift for Supply Services.
"
-l
]
Bus Replacement (22 buses)
Bus replacement cycle
3
MS Distance learning labs (3), Classroom Projectors/Printers,
Software/Hardware
The installation of these 3 MS DL Labs will complete the build out of DL Labs
in all MS and HS; and provide for classroom projectors and printers to enhance
the instructional capability of teachers in the integration of technology.
J
Servers, Administrative Computers for Schools and Departments
Provides for new servers and server consolidation, access controls,
and replacements for outdated computers in numerous schools and
departments including updated software.
Vehicle Replacement
Replacement vehilces for small vehicle fleet for high milage vehicles and
highly used and in need of replacement
Food Service Replacement Equipment
Replace current system with Point-of-Sale systems for elementary schools
and replace outdated computers and software for cafeteria managers
J
Total
1,000,000
1,500,000
1,500,000
1,600,000
1,800,000
300,000
200,000
7,900,000
L. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
MINORITY BUSINESS COIJNCIL
OPEN SPACE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Council Chamber at 6:00 p.m.
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: April 24, 2007 M B L
D C E L
E D H C R A W
PAGE: 1 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
I RESOURCE MANAGEMENT PLAN
(FY 2007-2008 Operating and Capital Budget)
II-A CITY MANAGER'S BRIEFINGS
HAMPTON ROADS TRANSPORTATION Arthur L. Collins,
AUTHORITY (HRTA) Executive
Director -
Hampton Roads
Planning District
Commission
B PRINCESS ANNE COMMONS WilIiamJ. R
Whitney, Jr. E
(Jack), Interim S
Director - C
Planning H
E
D
U
L
E
D
C INDOOR SPORTS VENUEIPRINCESS ANNE Cindy Curtis, R
COMMONS Director - Parks E
and Recreation S
C
H
E
D
U
L
E
D
IIV
IVN,
VI-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y
F-l MINUTES- April 10, 2007 APPROVED 9-0 A A Y Y Y Y Y Y Y Y Y
B
S
T
A
I
N
E
D
G/H-I LEASE OF CITY PROPERTY NO SPEAKERS
Pieces of Eight, LLC C.B.M. Co. TIA Schooner
Inn
2 ACQUISITION OF EASEMENTS NO SPEAKERS
Diamond Sorine:s Road Bride:e Reolacement
3 TAX RATE ON REAL PROPERTY FOR 35 SPEAKERS
FY2007 (real estate tax rate)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: April 24, 2007 M B L
D C E L
E D H C R A W
PAGE: 2 S I E J L N U N 1
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM II SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
4 CA V ALlER IPTV, LLC FRANCHISE NO SPEAKERS
Construct or ooerate a cable svstem
II-I Ordinance to ADD ~~ 33-120 through 33-131 to ADOPTED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
City Code re newsracks in the Resort Area AMENDED BY
CONSENT
2 Ordinance to AUTHORIZE City Manager to ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y
execute Lease for less than five (5) years with CONSENT B
Pieces of Eight, LLC/C.B.M. Co. T/A Schooner S
Inn for City-owned property at 2nd Street/Atlantic T
Avenue for Pirate Cruise
A
I
N
E
D
3 Ordinance to AUTHORIZE acquisition of ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
permanent/temporary easements either by CONSENT
agreement/condemnation, for Diamond Springs
Road Bridge Replacement; AUTHORIZE City
Manager to make reasonable offer to
owners/persons having interest in said property.
DISTRICT 4 - BA YSIDE
4 Ordinance to AUTHORIZE temporary ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
encroachment into portion of Lake Wesley, for CONSENT
BRUCE L THOMPSON at 456 Southside
Road/construct/maintain a fixed pier/gangway/
float/mooring piles/vertical boat lift/maintain
existing piles/portions of an existing decklbrick
Datiolbulkhead and rinran. DISTRICT 6 - BEACH
5-a Ordinances to ACCEPT and APPROPRIATE: ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
$1,965,315 HUD Federal Section 8 Voucher CONSENT
RevenuesrrRANSFER $12,835 from the
Community Dev Site Acquisition to Dept of
Housing and Neighborhood Preservation's FY
2006-2007 oDeratin!! bud!!et re rental housin!!
b $34,842 from State Comp Bd to the ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
Commonwealth's Attorney's FY 2006-07 CONSENT
operating budget re the purchase of office
eauiDment
c $20,000 from Va Beach Parks and Recreation ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
Foundation to Community Recreation Center CONSENT
Repairs and Renovations - Phase II, re
constructing a preschool playground, with revenue
from local sources increased accordingly, to be
used by the Pre-Scbool Buddies Dro!!T:im
d ACCEPT donation oftbermal imager, valued at ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
$11,850, from the Commercial Equip Direct CONSENT
Assistance program (CEDAP) to Police Dept in
their homeland securitv mission
6-a Ordinances to TRANSFER: ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
CONSENT
$500,000 from Gen Fund Reserve for
Contingencies to dedicated Reserve for Sberifrs
Dept to support potential increased costs of food
/medical contracts
CITY OF VIRGINIA BEACH
SUMMARYOFCOUNCnACnONS
V
0 I
DATE: April 24, 2007 M B L
D C E L
E D H C R A W
PAGE: 3 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
b $90,000 from operating budget of Arts and ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
Humanities Commission to general fund CONSENT
Transportation Reserve for Contingencies re
acquisition of artWork for Sandler Center for
Performinl' Arts
K-I GRACE BIBLE CHURCH at Anso] APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
Lane/Norfolk Southern Railway: DISTRICT 3 - CONDITIONED
ROSE HALL BY CONSENT
a. discontinuance/closure/abandonment of
unnamed/unimproved r-o-w
b. C02 Dist Classification from 1-] Light
Industrial District to 0-2 Office District
c. CUP for church
2 ZION CITY OF DELIVERANCE APPROVED/ 9-1 Y Y Y Y Y N Y Y Y Y Y
OUTREACH for CUP re church at 5405 Indian CONDITIONED
River Road. DISTRICT I CENTER VILLE
3 CHECKERED FLAG MOTOR CAR REFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y
COMPANY for CUP for motor vehicle sale! BACK TO
rentals/service at 5193 Va Beach Boulevard. PLANNING
DISTRICT 2 - KEMPSVILLE COMMISSION
BY CONSENT
4 PRINCE OF PEACE LUTHERAN CHURCH APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
for CUP for columbarium/memorial CONDITIONED
plaques/garden with benches/walkway at 424 BY CONSENT
Kine.5 Grant. DISTRICT 5 L YNNHA VEN
5 T-MOBILE COMMUNICATIONS CAP APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
OPERA nONS, L.L.C. for CUP for wireless CONDITIONED
communications tower at 4300 Pembroke BY CONSENT
Boulevard. DISTRICT 4 - BA YSIDE
6 Ordinance AMENDING 991 II, 401, SOl, 601, ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
801, 90land 1001; ADDING 99 242.3 and 242.4 CONSENT
of czOto establish definitions of Home-Based
Wildlife Rehabilitation Facility/Wildlife
Rehabilitation Center: ESTABLISHING
specific standards/aoolicable districts for each use
7 CAROL CASE CUP for Home-Based Wildlife ADOPTED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
Rehabilitation Facility to care for CONDITIONED
injured/orphaned wildlife animals at 113 Matt BY CONSENT
Lane. DISTRICT 6 - BEACH
8 SANDLER AT BRENNEMAN FARM, L.L.C. APPROVED AS 10-0 Y A Y Y Y Y Y Y Y Y Y
for Modification of the Brenneman Farm PD- PROFFERED BY
H2Land Use Plan (approved by City Council on CONSENT
September 9, 2003) to change designated land use
from carriage homes to two-story townhomes at
Brenneman Trail. DISTRICT 2 KEMPSVILLE
L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
HEALTH SERVICES ADVISORY BOARD
MIN/ ADJOURNMENT 8:34 PM
0
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DA TE: April 24, 2007 M B L
D C E L
E D H C R A W
PAGE: 4 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R y S N F N A N 0
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
May I (Workshop)
Council Conference Room
May 8 (Reconciliation Workshop)
Council Conference Room
May 15 (Adoption)
Council Chamber at 6:00 p.m.
CITYWIDE TOWN MEETING SCHEDULE - Topics and locations to be determined
Tuesday, June 19
Tuesday, September 18
Tuesday, November 20