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179 <br /> <br /> NOW THEREFORE, BE IT RESOLVED, that the City Manager, or his designee, is <br />hereby authorized and directed to execute the following agreements, all of which shall be in a <br />form approved by the City Attorney: <br /> <br /> 1. A tolling agreement between the City and Trigon which will halt any applicable <br />statute of limitations at least long enough to give the parties an opportunity to consider a fair <br />and reasonable proposed settlement with regard to this dispute; and <br /> <br /> 2. A retainer agreement with Alexander W. Bell based on a contingency fee rather than <br />an hourly rate structure. <br /> <br /> BE IT FURTHER RESOL¥~D that the City Attorney, in association with Alexander <br />W. Bell, is authorized to enter into appropriate litigation to settle this dispute if settlement <br />negotiations, in the City Attorney's opinion, reach a point where the negotiations have no <br />realistic chance of succeeding. <br /> <br />ORDINANCE: CFW FRANCHISE (FIBER OPTIC CABLE) <br /> <br /> Mr. Gouldman stated that CFW has requested a franchise to use the City's streets and <br />rights of way for 14 miles of fiber optic cable. Mr. Gouldman stated that an unresolved issue <br />involves the City's access to the fiber optic cable, but recommended that these details be <br />worked out prior to the second reading of the ordinance. <br /> <br /> Mr. Gene Sandridge, a manager with CFW, an independent phone and <br />telecommunications company, explained that a fiber optic network looping around the City is <br />proposed to be installed which will serve businesses using cable for access to long distance <br />carriers. As telecommunications regulations change, CFW would expanded into other <br />services such as Internet access. If approved, the cable would be installed by October 1 st. <br /> <br />Mr. Vandever joined the Council meeting. <br /> <br /> Responding to a question from Ms. Daugherty, Mr. Gouldman stated that there would <br />be no expense to the City. <br /> <br /> On motion by Rex,. Edwards, seconded by Ms. Daugherty, the ordinance entitled "AN <br />ORDINANCE GRANTING A TELECOMMUNXCATIONS AGREEMENT TO CFW <br />NETWORK, INC., ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND <br />OTHER PUBLIC PLACES OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, FOR <br />ITS POLES, WIRES, CONDUITS, CABLES, AND FiXTURES FOR A PERIOD OF FIVE <br />(5) YEARS" was offered and carried over to the next meeting for consideration. <br /> <br /> Responding to a question from Mr. Toscano, Mr. Gouldman explained that if and when <br />CFW proposed to provide television signals, the franchise fee would be renegotiated in order <br />to treat CFW on the same basis as Adelphia Cable. <br /> <br /> Mr. Toscano stated that he has discussed with CFW officials the possibility of providing <br />cable drops for City schools in order to provide faster Internet access. <br /> <br />DISCUSSION: CITY MANAGER SELECTION PROCESS <br /> <br /> Mr. Toscano stated that Council supports appointing Gary O'Cormell as Acting City <br />Manager. Mr. Toscano explained that in individual discussions with Councilors, Council has <br />agreed to involve the Weldon Cooper Center for Public Service for an expedited search for a <br />City Ma~ usingefiteria set by Council. Following review by the search committee and <br />when~_ the f~¢kl~ ~ camt~ates has been narrowed, there would be opportunities for citizen <br /> <br />~ ~:veeommend~ that more detail about the salary range and education and <br /> <br /> <br />