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RESOLUTION <br />• <br />Extension of MCI Franchise <br />BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the <br />request made in behalf of MCI Telecommunications Corporation ("Franchisee") for an emergency <br />temporary franchise up to the date of December 31, 1997, is hereby granted, subject to the <br />following conditions: <br />1. All applicable provisions of the franchise initially granted MCI <br />Telecommunications Corporation (successor in title to SouthernNet Systems, Inc.) on <br />November 4, 1991, shall continue in effect during the temporary franchise period; and <br />2. The Franchisee will make all reasonable efforts to ensure that a new proposed <br />franchise is available for consideration by this Council well before the expiration of this temporary <br />franchise; and <br />3. No new above ground extensions of existing lines belonging to Franchisee or its <br />subsidiaries shall be installed between the date of this resolution and December 31, 1997, without <br />the express written approval of the City Manager. <br />4. Any portion of any public street or any public utility that may be disturbed by <br />reason of Franchisee's construction, reconstruction, repair, maintenance, or removal pursuant to <br />• its encroachments shall be restored and replaced by Franchisee in a manner satisfactory to the City <br />Engineer and with materials approved by him. <br />5. Upon request of the City Franchisee shall, within a reasonable time, relocate any of <br />the facilities herein permitted as a part of any public improvement project at Franchisee's sole <br />expense to the extent not financed by state and federal funding. <br />6. The Franchisee shall furnish the City a current certificate of insurance naming the <br />City as an additional insured in an amount not less than $1,000,000 to cover the injury or death of <br />persons and damage to property resulting from the construction, maintenance, operation and <br />removal of the encroachments. The Franchisee shall pay for all premiums, chargeable for the <br />insurance and shall keep the same in full force and effect at all times during the construction, <br />maintenance, operation, repair, existence and removal of the encroachments. The insurance shall <br />contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty <br />(60) days written notice to that effect being given to the City. <br />7. Franchisee agrees to comply with all terms and provisions of any subsequent <br />ordinances and agreements promulgated by City. <br />Approved by Council <br />June 16, 1997 <br />0 <br />1 rk of City Co ncil <br />