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ORDINANCE NO. <br />• AN ORDINANCE GRANTING A FRANCHISE TO CHELSEA <br />COMMUNICATIONS, L.L.C. D/B/A ADELPHIA CABLE COMMUNICATIONS TO <br />CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE <br />CITY OF CHARLOTTESVILLE, VIRGINIA; SETTING FORTH CONDITIONS <br />ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR <br />REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; <br />AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF <br />THIS ORDINANCE HEREIN. <br />PREAMBLE <br />The City of Charlottesville, Virginia, does ordain that it is in the public interest to <br />permit the use of public rights-of-way and easements for the construction, maintenance, <br />and operation of a Cable Television System under the terms of this Franchise; said <br />public purpose being specifically the enhancement of communications within the City, <br />the expansion of communications opportunities outside the City, and the provision of <br />programming of a truly local interest. <br />SECTION 1. STATEMENT OF INTENT AND PURPOSE. <br />The City intends, by the adoption of this Franchise, to bring about the further <br />• development and the continued operation of a Cable System. This development can <br />contribute significantly to the communications needs and desires of many individuals, <br />associations, and institutions. <br />SECTION 2. SHORT TITLE. <br />This ordinance shall be known and cited as the "Charlottesville Cable Television <br />Franchise Ordinance". Within this document it shall also be referred to as "this <br />Franchise" or "the Franchise." <br />SECTION 3. DEFINITIONS. <br />For the purpose of this Franchise, the following terms, phrases, words, and their <br />derivations shall have the meanings given herein. When not inconsistent with the <br />context, words used in the present tense include the future tense, words in the plural <br />number include the singular number, and words in the singular number include the <br />plural number. All capitalized terms needed in the definition of any other term shall <br />have their meaning as otherwise defined in this Section 3. The words "shall" and "will' . <br />are mandatory and "may" is permissive. Words not defined shall be given their common <br />and ordinary meaning. <br />3.01 "Applicable Laws" means any lawful federal, state or local law. <br />3.02 "Basic Cable Service" means any Service tier which includes the lawful <br />. retransmission of local television broadcast signals and any public, <br />