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7 WHEREAS , pursuant to Adelphia’s written request of J anuary 10, 2003, the City Council deferred action on this Resolution based upon Adelphia’s agreement to provide Lewis and Associates certain information relating to Adelphia’s advertising revenues (“Requested Information”); and WHEREAS , on April 21, 2003, at a regularly scheduled City Council meeting, the City Council was provided information from the City staff concerning Adelphia’s failure to pay franchise fees over the period from January 1, 1999 to December 31, 2001 in an amount of $80,968 including lat e fees and interest as set forth in the December 23, 2002 report of Lewis and Associates, a copy of which is attached as Exhibit 1 and incorporated herein by reference; and WHEREAS , the parties have exchanged substantial correspondence in an effort to reso lve this dispute, copies of which are attached as Exhibit 2 and incorporated herein by reference; WHERAS , as of the date of this Resolution, Adelphia has failed to provide the Requested Information; and WHEREAS , Section 10.01(C) of the Franchise provides that when the City conducts an audit of franchise fee payments and the independent auditor determines that a discrepancy which favors the City in excess of three percent (3%) exists, that the Grantee shall pay the auditor’s full costs and expenses as well as all outstanding franchise fees; and WHEREAS , it appears that Adelphia has failed to remit the outstanding franchise fees and the auditor’s full costs and expenses as required under Section 10.01(C) of the Franchise; and WHEREAS , pursuant to Section 10.0 6(A) of the Franchise, if the City finds that Adelphia has violated one or more terms of the Franchise it must provide Adelphia written notice of the violation; and WHEREAS , Section 10.06(A) of the Franchise provides that Adelphia is to be given twenty (20 ) days within which to cure the alleged violation or the City may thereafter draw from the security fund required under the Franchise; and WHEREAS , Section 10.05 provides that the applicable penalty for failure to comply with a provision of the Franchise s hall be One Hundred and No/100 Dollars ($100.00) per day. NOW, THEREFORE , the City Council for the City of Charlottesville, Virginia resolves and makes the following Findings of Fact: 1. Each and every whereas clause is incorporated herein and deemed to be a finding by Council. 2. Adelphia is in violation of Section 10.01(C) of the Franchise for failure to remit the outstanding franchise fees and auditor’s full costs and expenses. BE IT FURTHER RESOLVED that City shall, pursuant to Section 10.06, provide Adelph ia with a copy of this Resolution which shall constitute written notice of the violation and the possibility for penalties to be drawn from the security fund in accordance with the Franchise. CONSENT AGENDA Mr. Schilling removed the ordinance regarding p arking in parks and cemeteries and on - street parking. Ms. Richards removed the ordinance regarding panhandling on the downtown mall.