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208 On motion by Mr. Toscano, seconded by Ms. Daugherty, the resolution granting an extension of the MCI franchise was unanimously approved by Council. BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the request made in behalf of MCI Telecommunications Corporation for an emergency temporary franchise up to the date of July 1, 1997, is hereby granted, subject to the following conditions: 1. All applicable provisions of the franchise initially granted MCI Telecommunications Corporation (successor in title to SouthernNet Systems, Inc.) on November 4, 1991, shall continue in effect during the temporary franchise period; and 2. The Franchisee will make all reasonable efforts to ensure that a new proposed franchise is available for consideration by this Council well before the expiration of this temporary franchise; and 3. No new above ground extensions of existing lines belonging to Franchisee or its subsidiaries shall be installed between the date of this resolution and July 1, 1997, without the express written approval of the City Manager. 4. Any portion of any public street or any public utility that may be disturbed by reason of Franchisee's construction, reconstruction, repair, maintenance, or removal pursuant to its encroachments shall be restored and replaced by Franchisee in a manner satisfactory to the City Engineer and with materials approved by him. 5. Upon request of the City Franchisee shall, within a reasonable time, relocate any of the facilities herein permitted as a part of any public improvement project at Franchisee's sole expense to the extent not financed by state and federal funding. 6. The Franchisee shall furnish the City a current certificate of insurance naming the City as an additional insured in an amount not less than $1,000,000 to cover the injury or death of persons and damage to property resulting from the construction, maintenance, operation and removal of the encroachments. The FranChisee shall pay for all premiums chargeable for the insurance and shall keep the same in full force and effect at all times during the construction, maintenance, operation, repair, existence and removal of the encroachments. The insurance shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty (60) days written notice to that effect being given to the City. 7. Franchisee agrees to comply with all terms and provisions of any subsequent ordinances and agreements promulgated by City. STAFF REPORT: LEGISLATIVE PACKAGE - t 997 GENERAL ASSEMBLY Mr. Gouldman reviewed the proposed 1997 legislative package highlights requesting: funding implementation of welfare reform; protecting local government rights regarding telecommunications; preserving current reversion statutes; and supporting recodifying of state code. Councilors supported adding language endorsing establishment and funding of a public defender's office. Ms. Slaughter expressed concern about the language regarding federal mandates, noting that she would not like to see increased flexibility in some areas. Mr. Toscano recommending that language be added to indicate that Council would support increased flexibility regarding federal mandates as long as the public's health, safety and environment is not compromised. There was general agreement to add language endorsing hate crime legislation.