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Public Hearing Meeting
Saturday, June 18, 1994 - - 9:30 am

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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Sanderson, Director of Real Estate Assessments; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Boyd, Director of Citizen Assistance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Ms. Ross, Deputy Director of Planning and Community Development; Police Chief Samarra; Mr. McAndrews, Assistant City Attorney, Ms. Johnson, Division Chief of Planning and Community Development; Mr. Pritchett, Chief of Environmental Health; Ms. Brownstein, Landscape Architect; Mr. Crabtree, Chief of Surveys; and Lieutenant Robbins, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.



OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except for Councilwoman Pepper who arrived at 9:40 a.m.

(a) Sarah Becker, 105-107 S. Fairfax Street, representing the Apothecary Museum, spoke about an article which appears in the magazine Early American Life, concerning the Stabler-Leadbeater Apothecary Shop.

(A copy the of magazine is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 6/18/94, and is incorporated herewith as part of this record by reference.)



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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item Nos. 3, 17, 18, 19, 20, 22, 25, 26 and 27 from the Action Consent Calendar.

4. SUP #0366-A - Public Hearing and Consideration of a request for a special use permit for alterations to the existing gasoline service station and modifications to the highway setback for a proposed canopy located at 4368 King Street; zoned OCM/Office Commercial Medium. Applicant: Barber's Auto Service, Inc., by Nan E. Terpak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/18/94, and is incorporated herewith as part of this record by reference.)

5. SUP #1741-B - Public Hearing and Consideration of a request for a special use permit to change the hours of operation and ages of children for the day care center located at 2932 King Street; zoned R-S/Residential. Applicant: First Baptist Church, by Archie M. Doering.

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/18/94, and is incorporated herewith as part of this record by reference.)

6. SUP #2268-A - Public Hearing and consideration of a request for a special use permit to extend the time of the special use permit and to amend the hours of operation for the automobile sales business located at 1615 North Quaker Lane; zoned CL/Commercial Low. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.
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COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/18/94, and is incorporated herewith as part of this record by reference.)


7. SUP #2542-C - Public Hearing and Consideration of a review of a special use permit for a restaurant with delivery service located at 4115 Mount Vernon Avenue; zoned CL/Commercial Low. Applicant: Pizza Hut of Washington--Pizza-Hut, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 6/18/94, and is incorporated herewith as part of this record by reference.)







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8. SUP #2584-A - Public Hearing and Consideration of a review of a special use permit for the rooming house located at 403 East Monroe Avenue; zoned RB/Residential. Applicant: Herbert L. Munday.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 6/18/94, and is incorporated herewith as part of this record by reference.)

9. SUP #2628-B - Public Hearing and Consideration of a request for a special use permit to add outdoor seating for the restaurant, including a parking reduction for the use, located at 281 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG/Commercial General. Applicant: Edgardo's Restaurant.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/18/94, and is incorporated herewith as part of this record by reference.)

10. SUP #2672-A - Public Hearing and Consideration of a request for a special use permit to add outdoor seating and extend the hours of operation of the of the restaurant located at 297 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG/Commercial General. Applicant: Ali S. Hasan, by Syed N. Shah.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/18/94, and is incorporated herewith as part of this record by reference.)

11. SUP #2679-A - Public Hearing and Consideration of a request for a special use permit to increase outdoor seating and amend the hours of operation for outdoor seating for the restaurant located at 1310 Braddock Place; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Le Bon Cafe, Inc. of Virginia, by William J. Clusky, Jr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/18/94, and is incorporated herewith as part of this record by reference.)

12. SUP #2683-B - Public Hearing and Consideration of a request for a special use permit to extend the time of the special use permit for the automobile towing and storage lot located at 3128 Colvin Street; zoned I/Industrial. Applicant: Summs Recovery and Collections, by Tony Newton.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/18/94, and is incorporated herewith as part of this record by reference.)




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13. SUP #2693-C - SUP #2693-D - Public Hearing and Consideration of a review of special use permits for the automobile repair garages (noncomplying uses) located at 722 North Henry Street (SUP #2693-C) and 1106 Madison Street (SUP #2693-D); zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Catoctin Circle Auto, Inc., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/18/94, and is incorporated herewith as part of this record by reference.)

14. SUP #2735-A - Public Hearing and Consideration of a request for a special use permit to add an interior bar, add an outdoor dining area and extend the hours of operation of the restaurant located at 34 South Reynolds Street; zoned CG/Commercial General. Applicant: DGF Restaurant, by Dimitri Alexis.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 6/18/94, and is incorporated herewith as part of this record by reference.)

15. SUP #2810 - Public Hearing and Consideration of a request for a special use permit for lighting of an athletic field in Hensley Park located at 4200 Eisenhower Avenue; zoned POS/Public Open Space. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities, by Richard Kauffman.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/18/94, and is incorporated herewith as part of this record by reference.)

16. ENCROACHMENT #94-006 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a bay window for the business located at 1209-1211 King Street; zoned CD/Commercial Downtown. Applicant: Richard A. Schoppet.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/18/94, and is incorporated herewith as part of this record by reference.)

21. TA #94-002 - Public Hearing and Consideration of an amendment to Article I (General Regulations), Section 1-400(B) (Interpretation of Zone Regulations) of the Zoning Ordinance, to clarify when density calculations may be made on an overall land tract basis. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/18/94, and is incorporated herewith as part of this record by reference.)

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23. SUP #2775 - Public Hearing and Consideration of a request for a special use permit, with site plan, to intensify an existing nursing home by making physical improvements to the exterior of the existing building and to the site. Modifications to zoning requirements are requested. The property is located at 900 Virginia Avenue; zoned R-8/Residential. Applicant: Integrated Health Services at Alexandria, Inc., by Mark H. Fields.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/18/94, and is incorporated herewith as part of this record by reference.)

24. SUP #2253-H - Public Hearing and Consideration of a request for an amendment to special use permit #2253 to (1) convert 7,500 gross square feet of floor area on "Block H" from retail to residential space in conjunction with the Lipnick elderly housing development; and (2) clarify minor amendment procedures related to reducing square footage. Applicant: Carlyle Development Corporation, c/o The Oliver Carr Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 6/18/94, and is incorporated herewith as part of this record by reference.)

28. SUP #2812 - Public Hearing and Consideration of a request for a special use permit to operate a concrete recycling facility located at 701 South Van Dorn Street; zoned I/Industrial. Applicant: Vulcan Materials Company, by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/18/94, and is incorporated herewith as part of this record by reference.)

39. SUP #2799 - Public Hearing and Consideration of a request for a special use permit to operate a health and fitness club located at 111 North Columbus Street; zoned CD/Commercial Downtown. Applicant: Stephanie R. Dimond. (#37 5/14/94)

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of Ms. Dimond's letter of withdrawal dated June 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 39; 6/18/94, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 3, 17, 18, 19, 20, 22, 25, 26, and 27 which were considered under separate motions, and noted the withdrawal of Docket Item No. 39. The Planning Commission recommendations are as follows:

4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #8.

5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.




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16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

21. City Council approved the recommendation of the Planning Commission and approved the text amendment.

23. City Council approved the recommendation of the Planning Commission and approved the special use permit, subject to all applicable codes, ordinances and staff recommendations and amended conditions R-13 and R-19, deleted condition R-16 and added conditions R-24 through R-27.

24. City Council approved the recommendation of the Planning Commission and approved the amendments to the special use permit, subject to all applicable codes, ordinances and staff recommendations, with amendments to conditions 54A and 60.

28. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #9, #11, and #12 and deleted Condition #18.
The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

3. SUP #2765 - Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot located at 1302 Roosevelt Street; zoned R-8/Residential. Applicant: Anthony Beale for the Estate of Marcellius T. Beale.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council deferred this item until June 28, to allow staff the opportunity to work with the applicant regarding obtaining more brick construction, and closed the public hearing. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

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The City Clerk read Docket Item Nos. 17, 18, 19 and 20 together.

17. MPA #94-002 - Public Hearing and Consideration of a request for an amendment to the Strawberry Hill/Seminary Hill Small Area Plan chapter of the 1992 Master Plan to change the land use designation of the property located at 3750 Duke Street from RL/Residential Low to RM/Residential Medium. Applicant: Rosewood Development Company, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/18/94, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain the Strawberry Hill/Seminary Hill Small Area Plan chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adding and incorporating therein the amendments heretofore approved by City Council to such small area plan chapter as Master Plan Amendment No. 94-002, and no other amendments, and to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendments.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 6/18/94, and is incorporated herewith as part of this record by reference.)

19. REZONING #94-002 - Public Hearing and Consideration of a request for rezoning of a 1.13-acre site located at 3750 Duke Street from R-8/Residential to RB/Residential. Applicant: Rosewood Development Company, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/18/94, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of The City of Alexandria Zoning Ordinance, by rezoning the property at 3750 Duke Street from R-8 Zone to RB Zone with proffers (RZ No. 94-002) in accordance with the said zoning map amendment heretofore approved by City Council.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 6/18/94, and is incorporated herewith as part of this record by reference.)

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NOTE: Docket Item Nos. 17, 18, 19 and 20 were considered under one motion as follows:

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried on a vote of 6-to-1, (17) City Council approved the recommendation of the Planning Commission and approved the master plan amendment to amend the Strawberry Hill/Seminary Hill Small Area Plan designating this particular parcel of land RM from RL, (18) City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 28, 1994; (19) City Council approved the recommendation of the Planning Commission and approved the rezoning, changing the zone from R-8/Residential/Single Family to RB/Residential/Townhouse with a proffer limiting the development to no more than 12 townhouses; and (20) City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, June 28, 1994. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
22. SUP #1096-A - Public Hearing and Consideration of a request to amend the existing special use permit to include the existing restaurant operations for the Santa Fe East restaurant located at 110 South Pitt Street; zoned CD/commercial Downtown. Applicant: Farthings Limited, Inc., by W. Howard Rooks.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/18/94, and is incorporated herewith as part of this record by reference.)




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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Speck and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #4, #13, #14, #15 and #17. The voting was as follows:

25. SUP #2348-A - Public Hearing and Consideration of a request for a special use permit to change the ownership and expand the restaurant located at 3127 Duke Street, within the Hechinger Commons Shopping Center; zoned CG/Commercial General. Applicant: Capital Restaurant Group Limited Partnership, t/a Boston Chicken, by William C. Thomas, Jr. attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/18/94, and is incorporated herewith as part of this record by reference.)






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WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #7 and #9. The voting was as follows:

26. SUP #2809 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant located at 3101-3233 Duke Street, within the Hechinger Commons Shopping Center; zoned CG/Commercial General. Applicant: Lone Star Steakhouse of Richmond, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of the Planning Director's memorandum dated June 17, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated June 17, 1994, is on file in the office of the City Clerk. and Clerk of Council, marked Exhibit No. 3 of Item No. 26; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #7 and #11, and added condition #13, and deleted Condition #14. The voting was as follows:


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27. SUP #2784 - Public Hearing and Consideration of a request for a special use permit for a limousine dispatch and storage business located at 1321-1333 Powhatan Street; zoned CSL/Commercial Service Low. Applicant: Boston Coach, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Conditions #4, #5, and #7, and deleted Condition #18. The voting was as follows:

ORDINANCES AND RESOLUTIONS

NOTE: Docket Item Nos. 29, 30 and 31 were read and considered together; however, separate motions were made.

29. Public Hearing on and Consideration of the Proposed Cable Television Franchise Agreement with Jones Intercable, Inc. (#15 5/10/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/18/94, and is incorporated herewith as part of this record by reference.)

30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rescind the city's current regulations governing cable television, and to enact an entirely new set of such regulations. (#17 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/18/94, and is incorporated herewith as part of this record by reference.)

31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE granting Cable Television Franchise to Jones Intercable, Incorporated. (#45 6/14/94) (ROLL-CALL VOTE)

(Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 31; and is incorporated herewith as part of this record by reference.)



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29. No Council action was necessary on this item; however, please refer to Docket Item No. 31.

30. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
The ordinance finally passed reads as follows:
ORDINANCE NO. 3727

AN ORDINANCE to repeal Chapter 3 (CABLE TELEVISION REGULATION) of, and to add a new Chapter 3 (ALEXANDRIA CABLE COMMUNICATIONS CODE) to, Title 9 (LICENSING AND REGULATIONS) of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 3 of Title 9 of The Code of the City of Alexandria, 1981, as amended, be and the same hereby is repealed.

Section 2. That Title 9 of The Code of the City of Alexandria, 1981, as amended, be and the same hereby is amended by adding a new Chapter 3, to read as follows:
Chapter 3
Alexandria Cable Communications Code
Article A
General Provisions

This chapter shall be known and may be cited as the "Alexandria Cable Communications Code."

Sec. 9-3-2 Purpose.

The City Council of Alexandria finds that the development of cable television systems has the potential to be of great benefit to those who reside and work in the city. Cable technology is rapidly changing, and cable plays an essential role as part of the city's basic infrastructure. Cable

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television systems make extensive use of scarce and valuable public rights-of-way in a manner that differs from the way in which the general public uses them. Moreover, a cable company typically operates a monopoly in its service area, or faces very limited competition. As a result, the grant of a franchise for the use of public rights-of-way has the effect of giving the holder extensive economic benefits and has the potential of placing the holder in a position to abuse its public trust. For these reasons, the city council finds that general welfare of the city requires that regulations be established to ensure that any cable television franchise granted by the city is in accord with and is operated in the public interest. In light of the foregoing, the following goals, among others, underlie the provisions set forth in this chapter:

(a) Cable television should be available to as many city residents as possible.

(b) A cable system should be capable of accommodating both the present and the reasonably foreseeable future cable-related needs of the community.

(c) A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated into existing system facilities to the maximum extent feasible.

(d) A cable system should be responsive to the needs and interests of the local community.

It is the intent of the city council that all provisions set forth in this chapter be construed to serve the public interest and the foregoing public purposes, and that any franchise issued pursuant to this chapter be construed to include the foregoing findings and public purposes as integral parts thereof.
ARTICLE B
Definitions and Word Usage
Sec. 9-3-11 Definitions and usage - general.
For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given in this article, unless otherwise expressly stated. Words not defined herein shall have a meaning set forth in Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 U.S.C. § 521, et seq., as amended, and, if not defined therein, should have their common and ordinary meaning within the cable television industry.

Sec. 9-3-12 Access channel.

"Access channel" shall mean any channel on a cable system set aside by a franchisee for public, educational or governmental use.

Sec. 9-3-13 Affiliate.

"Affiliate" shall mean any person who owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee.

Sec. 9-3-14 Administrator.

"Administrator" shall mean the cable television administrator appointed by the city manager.


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Sec. 9-3-15 Basic service.

"Basic service" shall mean any service tier that includes the retransmission of local television broadcast signals.

Sec. 9-3-16 Cable act.

"Cable Act" shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq, as it may be amended from time to time.

Sec. 9-3-17 Cable service.

"Cable service" shall mean (1) the one-way transmission to subscribers of video programming or other programming services, and (2) subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

Sec. 9-3-18 Cable system or system.

"Cable system" or "system" shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and is provided to multiple customers within the city, but such term does not include any of the following: (1) any facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) any facility that serves only customers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any public right-of-way, including streets or easements; (3) any facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, provided that such facility shall be considered a cable system if it is used in the transmission of video programming directly to subscribers, whether on a common carrier or non-common carrier basis; or (4) any facility of any electric utility used solely or operating its electric utility systems. A reference to a cable system refers to any part thereof, including, without limitation, converters.

Sec. 9-3-19 City.
"City" shall mean the City of Alexandria, Virginia.
Sec. 9-3-20 City council or council.
"City council" or "council" shall mean the governing body of the city.

Sec. 9-3-21 Educational access channel.

"Educational access channel" shall mean any channel on a cable system set aside by a franchisee for educational use.

Sec. 9-3-22 FCC.

"FCC" shall mean the Federal Communications Commission, its designee or any successor governmental entity.

Sec. 9-3-23 Franchise.

"Franchise" shall mean a non-exclusive authorization granted in accordance with this chapter to construct, operate and maintain a cable system along and within the public rights-of-way of the city or a specified portion thereof. Any such authorization, in whatever form granted, shall not include, or be deeded to include, an authorization to transact or carry on a business within the city, or to attach



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devices to poles or other structures, whether owned by the city or a private entity, or to excavate or perform work in or along any public right-of-way.

Sec. 9-3-24 Franchise agreement.

"Franchise agreement" shall mean a contract between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.

Sec. 9-3-25 Franchise area.

"Franchise area" shall mean the area of the city that a franchisee is authorized to serve by its franchise agreement.

Sec. 9-3-26 Franchisee.

"Franchisee" shall mean a person who has been granted a franchise by the city.

Sec. 9-3-27 Governmental access channel.

"Governmental access channel" shall mean any channel on a cable system set aside by a franchisee for government use.

Sec. 9-3-28 Gross revenues.

"Gross revenues" shall mean any and all cash, credits, property and other consideration of any kind or nature received on an accrual basis directly or indirectly by a franchisee, any of its affiliates, any person in which a franchisee has a financial interest, or any other entity that is a cable operator of a system which is attributable to, arises from or is in any way derived from the operation of a franchisee's cable system, including the studios and other facilities associated therewith. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel or per-program service; installation, disconnection, reconnection and change-in-service fees; leased channel fees; late fees and administrative fees; fees, payments or other consideration received from programmers for carriage of programming on the cable system; revenues from the rentals and sales of converters or other equipment; fees for the rental of studios and production equipment and the use of franchisee personnel; advertising revenues; revenues from program guides; revenues from the sale or carriage of non-cable services, including information services and bypass services; and revenues from home shopping and bank-at-home channels, including commissions from the sales of goods. Gross revenues shall be the basis for computing the franchise fee. Gross revenues shall not include barter, the franchise fee, or any taxes on services furnished by a franchisee which are imposed directly on any subscriber or user by the state, city or other governmental unit and which are collected by a franchisee on behalf of said governmental unit.

Sec. 9-3-29 Person.

"Person" shall mean a natural person, partnership, association, joint stock company, organization, corporation, limited liability corporation and any other legal entity, and any lawful successor thereto or transferee thereof, but such term does not include the city.






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Sec. 9-3-30 Public access channel.

"Public access channel" shall mean any channel on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a non-discriminatory basis.

Sec. 9-3-31 Public rights-of-way.

"Public rights-of-way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive or bridge, in which the city holds a property interest and which, consistent with the purposes for which it was acquired or dedicated, may be used for the installation, operation and maintenance of a cable system. No reference in this chapter or in any franchise agreement to a "public right-of-way" shall be deemed to be a representation or guarantee by the city that its interests or other rights in such right-of-way are sufficient to permit its use for the installation, operation and maintenance of a cable system, and a franchisee shall be deemed to gain only those rights which the city has the undisputed right and power to give.

Sec. 9-3-32 Sale.

Sec. 9-3-33 Service tier.

"Service tier" shall mean a package of two or more cable services for which a separate charge is made by a franchisee, other than a package of premium and pay-per-view services that are also sold on a genuine a la carte basis.

Sec. 9-3-34 Subscriber.

"Subscriber" shall mean any person who legally receives any service delivered over a cable system.

Sec. 9-3-35 Transfer.

(i) more than twenty percent of the ownership interest in a franchisee or in the cable system is sold, assigned, leased, subleased or mortgaged, whether directly or indirectly;

(iii) the rights or obligations, or both, of a franchisee under a franchise are assigned or otherwise transfered, whether directly or indirectly;

(iv) one or more general partners, with management responsibilities, are removed from or added to a franchisee; or

(v) a debt that is secured, in whole or in part, by the cable system of a franchisee is materially increased, whether by the franchisee or an affiliate, in a manner that may adversely affect the cable system's rates or services.

(b) "Control," for purposes of this section, means the legal or practical ability to exert actual working control over the affairs of a franchisee, whether directly or indirectly and whether by contractual agreement, by majority or lesser ownership interest or by any other means.


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ARTICLE C
General Franchise Characteristics

Sec. 9-3-51 Grant of franchise.




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to, or install a cable system on, private property without the property owner's consent (except for use of compatible easements pursuant to section 621 of the Cable Act, 47 U. S. C. § 541(a)(2), or to use conduits without a separate agreement with the owner of same.

(b) A franchise is non-exclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the city, affect the city's right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes, or affect the city's right to construct, operate, or maintain a cable system itself, with or without a franchise.

(c) Once a franchise agreement has been executed by the city and a franchisee, the agreement shall constitute a contract between the franchisee and the city, and the terms, conditions, and provisions of the agreement, subject to this chapter and all other duly enacted and applicable laws (except as expressly otherwise provided in this agreement), shall define the rights and obligations of the franchisee and the city relating to the franchise.

(d) All privileges provided by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the city shall always retain the right to designate where a franchisee's facilities are to be placed within the public rights-of-way in order to avoid actual or potential conflicts between users of the public rights-of-way and to ensure the safety and convenience of the public.

(f) Except as otherwise provided in a franchise agreement, a franchisee may not enter into or enforce any exclusive contract with a subscriber (including, but not limited to, a building owner) as a condition of providing or continuing service.

Sec. 9-3-55 Franchisee subject to other laws, police power.

(a) At all times, a franchisee shall be subject to and shall comply with all applicable federal, state and local laws, and shall be subject to the lawful exercise of the city's police power authority, including all rights the city may have under the Cable Act, 47 U.S.C. § 552.

(b) Except as expressly otherwise provided in a franchise agreement, the city shall retain all authority, including that given to it by federal and state law, to regulate cable systems, franchisees and franchises.

Sec. 9-3-56 Acts at franchisee's expense.

Any act that a franchisee is or may be required to perform under this chapter, a franchise agreement or other applicable law shall be performed at the franchisee's sole expense, unless expressly provided to the contrary in this chapter, the franchise agreement or other applicable law.

Sec. 9-3-57 Eminent domain.

Nothing in this chapter shall be deemed or construed to impair or affect, in any way or to any extent, any right the city may have to acquire the property of the franchisee through the exercise of the right of eminent domain, or be deemed or construed to contract away or to modify or abridge, either for a term or in perpetuity, any right of eminent domain the city may have with respect to any public utility.




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Sec. 9-3-58 Interpretation of franchise terms.

(a) Except as otherwise expressly provided in a franchise agreement, in the event of a conflict between this chapter and a franchise agreement, the provisions of this chapter shall control.

(b) The provisions of this chapter and a franchise agreement shall be construed in favor of the city in order to effect the purposes of this chapter and to promote the public interest.

(c) Except as to matters that are governed solely by federal law or regulation, a franchise agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

Sec. 9-3-59 Filing fees.

To be acceptable for filing, applications and requests submitted under this chapter shall be accompanied by the following filing fees which are designed to cover the costs incurred by the city, other than out-of-pocket expenses, in processing the applications and requests:

(1) a request to initiate the bidding process pursuant to section 9-3-62: $5,000;

(2) a bid submitted pursuant to section 9-3-63: $50,000; provided, that, if more than one bidder submits a bid, the city shall refund to each bidder a pro rata share of the fee paid so that the total fee received by the city is $50,000;

(1) not involving an administrative proceeding:$25,000;


(2) involving an administrative proceeding: the sum set out in subsubsection (1) and an additional $15,000;

(c) for the modification of a franchise or a franchise agreement pursuant to section 9-3-72: $12,500;

(d) for approval of a transfer pursuant to section 9-3-80, et seq. :

(e) for the approval of an increase in cable rates or charges pursuant to section 9-3-208:

(1) not involving a cost of service showing: $15,000 (provided, that the administrator may reduce this fee where the proposed increase will not require significant review by the city);

(2) involving a cost of service showing: the sum set out in subsubsection (1) and an additional $15,000.

In addition, the city may require a franchisee or, where applicable, a transferee to reimburse the city for its reasonable out-of-pocket expenses in receiving any of the applications and requests identified above, or others addressed in this chapter, including reasonable consultants' fees. Any payments made by a franchisee pursuant to this section, including for consultants' fees, fall within one or more

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ARTICLE D
Initial Grant of Franchise

(b) A RIFBP shall include information sufficient to permit the city to determine whether it would be in the public interest to commence the franchise bidding process under sections 15.1-307 through 15.1-316, Code of Virginia (1950), as amended. Such information shall include, by way of illustration and not of limitation, information regarding:




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council concludes that the public interest would be served by initiating the franchise bidding process, the administrator shall cause the process provided for in section 9-3-63 to commence.

(d) Notwithstanding the prior provisions of this section, the city council may, on its own, commence the process provided for in section 9-3-63 if it determines that the public interest would be served thereby.

Sec. 9-3-63 Grant of franchise: bids, notices, publications, acceptance.

(a) The general law governing the granting of a franchise to use public property, found in sections 15.1-307 through 15.1-316, Code of Virginia (1950), as amended, is, to the extent applicable to the granting of initial franchises addressed in this article, hereby incorporated by reference into this article. Thus, by way of illustration, the city council will grant an initial franchise under this chapter in the following manner.

(b) Following a determination under section 9-3-62 to initiate the franchise bidding process, the city council shall enact an ordinance proposing to grant a franchise and calling for the solicitation of bids, which ordinance shall contain an ordinance making the franchise grant and containing the terms and conditions of the franchise (subject to the execution of a franchise agreement with a successful bidder). The ordinance proposing to make the grant shall be advertised once a week for four successive weeks in a newspaper having general circulation in the city. The advertisement shall invite the submission of bids for the franchise, which bids are to be in writing, are to comply with section 9-3-64 and are to be delivered to city council upon a day and hour named in the advertisement.

(c) Upon receipt of bids, the city council may refer the bids to the administrator for review and evaluation and for the submission of recommendations, and may make or provide for such other investigation as it may determine appropriate.

(d) In evaluating bids for an initial franchise, the city council, and if applicable the administrator, shall consider, among other things, the following factors:

(1) whether the bidder has the financial, technical and legal qualifications to construct, operate and maintain a cable system and to provide, or provide for the provision of, cable service;

(2) whether, the bidder has the financial, technical and legal qualifications to provide adequate public, educational and governmental access channel capacity and facilities, and adequate financial support for same;

(3) whether the bidder or an affiliate of the bidder owns or controls any other cable system in the city;

(4) whether issuance of a franchise to the bidder will eliminate or reduce competition in the delivery of cable service in the city; and

(5) whether issuance of a franchise to the bidder would be in the public interest considering the factors described in section 9-3-62 (b) .





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(e) If the council determines to grant an initial franchise to a bidder, it shall enact the ordinance proposing to make the grant as advertised, subject to the execution of an appropriate franchise agreement specifying the details of the franchise. If the council determines to reject any bids, it shall issue a written decision explaining the basis for its determination.

(f) This chapter is not intended and shall not be interpreted to grant any bidder or any existing franchisee standing to challenge the issuance of a franchise to another person.

(g) Within 30 days after the enactment of the ordinance granting an initial franchise to it, the successful bidder shall present to the city a signed and notarized agreement accepting the provisions of the franchise. At that time, the successful bidder shall file any bonds and security fund deposits required, and fulfill any other requirements then imposed, by this chapter.

Sec. 9-3-64 Contents of bid.

Any bid submitted pursuant to section 9-3-63 shall contain, at a minimum, the following information:

(a) the name and address of the bidder and of the following persons: the 10 largest holders of an ownership interest in the bidder; all persons with five percent or more ownership interest in the bidder; all the persons who control the bidder; all officers and directors of the bidder; and, as to each such identified person who holds a five percent or more ownership interest in another cable system, the name of such system and the person's ownership interest in it;

(b) a demonstration of the bidder's technical ability to construct, operate and maintain the proposed cable system, including the identification of key personnel;

(c) a demonstration of the bidder's legal qualifications to construct, operate and maintain the proposed cable system, including a demonstration that the bidder meets the following criteria;

(1) the bidder has not had any cable television franchise validly revoked by any franchising authority within the three years preceding the submission of the bid;

(2) the bidder is authorized under Virginia law to operate a cable system;

(3) the bidder is not precluded by federal law from operating a cable system in the city, and possesses or is qualified to obtain any necessary federal franchises or waivers required to operate a system in the city;

(4) the bidder, within 10 years preceding the submission of the bid, has not been convicted of any act or omission of such character that the bidder cannot be relied upon to deal truthfully with the city and with subscribers of the cable system, or to comply with its obligations under applicable law;

(5) the bidder has not filed any materially misleading information with its bid and has not intentionally withheld information that is required to be provided; and

(6) no elected official of the city holds a controlling interest in the bidder or an affiliate of the bidder;

notwithstanding the foregoing provisions of this subsection, a bidder shall be provided an opportunity to show that it would be inappropriate to find it unqualified to obtain a franchise under

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this chapter by virtue of subsections (b) (2) or (b) (5), in light of the particular circumstances surrounding the matter and the steps taken by the bidder to cure all harms flowing therefrom and to prevent their recurrence, the lack of involvement of the bidder's principals, or the remoteness of the matter from the operation of a cable system;

(d) a statement prepared by a certified public accountant regarding the bidder's financial ability to complete the construction and to operate the proposed cable system;

(e) a description of the bidder's prior experience in cable system ownership, construction and operation, and an identification of communities in which the bidder or any of its principals have, or have had, a cable franchise or any interest in a cable franchise;

(f) an identification of the area of the city to be served by the proposed cable system;

(g) a detailed description of the physical facilities of the proposed cable system, including the system's channel capacity, technical design, performance characteristics, head-end and access facilities;

(h) a description of the construction of the proposed cable system, including an estimate of plant mileage and its location, a proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in existing conduits, including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities;

(i) the proposed rate structure for the proposed cable system, including projected charges for each service tier, installation, converters and other equipment or services;

(j) a description of the manner in which the bidder will reasonably meet the future cable-related needs and interests of the city, including descriptions of how the bidder will meet the needs described in any recent community needs assessment conducted by or for the city, and how the bidder will provide adequate public, educational, and governmental access channel capacity, facilities or financial support to meet the city's needs and interests;

(k) pro forma financial projections for the proposed franchise term, including a statement of projected income and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules;

(l) if the bidder proposes to provide cable service to an area already served by an existing cable franchisee, an identification of the area where the overbuild would occur, the potential subscriber density in the area that would encompass the overbuild, and the ability of the public rights-of-way and other property that would be used by the bidder to accommodate an additional cable system;

(m) any other information that may be reasonably necessary to demonstrate compliance with the requirements of this chapter, and any other information that the city may request of the bidder which is relevant to the city's consideration of the bid; and

(n) an affidavit or declaration of the bidder or an authorized officer certifying the truth and accuracy of the information in the bid, acknowledging the enforceability of bid commitments, and certifying that the bid meets all federal and state law requirements.

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Sec. 9-3-65 Requests for initiation and bids.

The original of any request for the initiation of the franchise bidding process, submitted pursuant to section 9-3-62, and of any bid, submitted pursuant to section 9-3-63, shall be accompanied
by 12 copies and the filing fee set out in section 9-3-59, and shall contain all information required by this article. Except as otherwise provided in this chapter, any such submitted request or bid shall be made available for public inspection.

Sec. 9-3-66 Public hearings.

Prior to the granting an initial franchise under this article, the city council shall hold at least one public hearing, following reasonable notice to the public, at which every bidder, all other interested parties and the public shall be afforded a reasonable opportunity to be heard. Reasonable notice to the public shall consist of an advertisement of the date, time, place and subject of such hearing that shall be published in a newspaper having general circulation in the city.
ARTICLE E
Franchise Renewal and Modification

Sec. 9-3-71 Renewal.

A franchise may be renewed by the city at its discretion for a period of no more than 15 years, upon application of the franchisee in accordance with the then-existing rules of the FCC and applicable law, including section 15.1-314, Code of Virginia (1950), as amended. The city retains the right to modify the terms of a franchise as a condition of any such renewal.

Sec. 9-3-72 Application for grant of a franchise renewal.

(a) An application by a franchisee for renewal of its franchise shall be filed with the administrator, and the application shall be received and reviewed in a manner consistent with the Cable Act, 47 U.S.C. § 546(a)-(g). If neither a franchisee nor the city activates in a timely manner, or can activate, the renewal process set forth in 47 U.S.C. § 546(a)-(g) (including, for example, if the said provisions are repealed), then, except for applications submitted pursuant to 47 U.S.C. § 546(h), the provisions of article D shall apply, and a franchise renewal application shall be treated as a request for the initiation of the bidding process and evaluated using the process and criteria governing the granting of initial franchises.

(b) If the provisions of 47 U.S.C. § 546(a)-(g) are properly invoked, and if the city act does not act under 47 U.S.C. § 546(h), the administrator shall forward the franchisee's application for renewal to the city council, and thereafter the council, having reviewed the franchisee's past performance under its existing franchise and considered the future cable-related needs and interests of the Alexandria community, may request the franchisee to submit a proposal defining the cable system it proposes to provide under a renewal franchise. If council so requests, the administrator shall establish deadlines for the franchisee's proposal and may, before or after submission of the proposal, require the franchisee to provide information that the administrator deems pertinent to the franchisee's renewal application or its proposal, or both.





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(c) Upon receipt of a franchisee's proposal and all additional information that the administrator has required, the administrator shall provide notice to the public of the receipt of the proposal. No later than 120 days following the receipt of the proposal, the administrator shall recommend to the city council, and the council shall preliminarily determine, by resolution, whether the franchisee's franchise is to be renewed.

(1) If the council determines preliminarily to renew the franchise, it shall direct the administrator to prepare a franchise agreement that incorporates, as appropriate, the commitments made by the franchisee in its franchise renewal proposal and contains other matters deemed pertinent by the administrator. If the franchisee accepts the franchise agreement prepared by the administrator, and the agreement is approved by the city council, the council shall grant a renewal franchise to the franchisee. If the franchise agreement prepared by the administrator is not accepted by the franchisee or is not approved by council within the time limit established by 47 U.S.C. § 546(c)(1), the franchisee's request for a franchise renewal shall be deemed preliminarily denied, and an administrative proceeding under the Cable Act shall be commenced if the franchisee, within 10 business days from the expiration of the time limit established by 47 U.S.C. § 546(c)(1), requests the commencement of such a proceeding.

(2) If the city council determines, preliminarily or otherwise, that a franchise should not be renewed, and the franchisee notifies the administrator no later than 10 business of the council determination that it wishes to pursue its right to an administrative proceeding under the Cable Act, then such an proceeding shall be commenced in accordance with the Cable Act.

(d) If an administrative proceeding under the Cable Act is commenced on a franchisee's franchise renewal request, the request shall be evaluated on the basis of factors that are consistent with federal law, and shall be conducted in accordance with the following procedures:

(1) The city council shall, by resolution, appoint a hearing officer to preside over the proceeding, which officer can be the council itself.

(2) The hearing officer shall establish a schedule for the proceeding which allows for documentary discovery and interrogatory responses, production of evidence, and cross-examination of witnesses. Depositions shall not be permitted unless the party requesting the deposition shows that documentary discovery and interrogatory responses will not provide it an adequate opportunity to present its, case. The hearing officer may require the production of evidence as the interests of justice may require, including the production of evidence by the franchisee and any entity that owns or controls or is owned or controlled by the franchisee. The hearing officer may also issue protective orders. Enforcement of any order issued by the hearing officer shall be in and by the Circuit Court for the City of Alexandria.

(3) The hearing officer may conduct a prehearing conference and establish appropriate prehearing orders. Intervention by non-parties is not authorized, except to the extent required by the Cable Act.

(4) The hearing officer may require the city and the franchisee to submit prepared testimony prior to the initiation of the hearing. Unless the parties agree otherwise, the franchisee shall present its evidence first, followed by the city. The hearing officer shall see that a transcript is prepared of the proceeding.

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(5) The primary factors to be considered by the hearing officer and the parties during the administrative proceeding are:

(i) whether the franchisee has substantially complied with the material terms of its existing franchise and with applicable law;

(ii) whether the quality of the franchisee's service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix or quality of the programming and similar services provided over the cable system, has been reasonable in light of the needs of the Alexandria community;

(iii) whether the franchisee has the financial, legal and technical ability to provide the services, facilities and equipment, as set forth in the operator's proposal; and

(iv) whether the operator's proposal is reasonable to meet the future cable-related needs and interests of the Alexandria community, taking into account the cost of meeting those needs and interests.

(6) Following completion of any hearing, the hearing officer shall require the parties to submit proposed findings of fact with respect to the four factors identified in subsubsection (5). Based on the record of the proceeding, the hearing officer shall then prepare written findings of fact with respect to those factors, and shall submit those findings to the city council (unless the hearing officer is the council, in which case the written findings shall constitute the final decision of the city), with copies to the administrator and the franchisee.

(7) Where the hearing officer is not the city council, the parties shall have 30 calendar days from the date the hearing officer's findings of fact are submitted to council to file, with the city clerk, their exceptions to the findings. Following the filing of such exceptions and within 90 days of the issuance of the hearing officer's findings of fact, the council, based upon the record before the hearing officer, the officer's findings and any exceptions that have been filed, shall determine whether to renew the franchise. Within 30 days of making its determination, the council shall commit its determination to writing, stating the reasons therefor, which determination shall be consistent with the requirements of the Cable Act and based on the record compiled before the hearing officer. A copy of the final decision of the council shall be provided to the franchisee.

(8) Any determination to deny a franchisee's request for the renewal of its franchisee shall be based on one or more adverse findings made with respect to the factors described in subsubsection (5) and 47 U.S.C. § 546(c)(1), which findings are based on the record of the administrative proceeding conducted under this subsection. A determination to deny shall not be based upon a franchisee's failure to substantially comply with the material terms of its franchise under subsubsection (5)(i) or 47 U.S.C. § 546(c)(1)(A), or upon events considered under subsubsection (5)(ii) or 47 U.S.C. § 546(c)(1)(B), where such failure to comply or such events occur after the effective date of the Cable Act, unless the administrator has provided the franchisee with notice and the opportunity to cure, or where it is documented that the city has waived its right to object, or where the franchisee has given written notice of a failure or inability to cure and the city has failed to object within a reasonable time after receipt of such notice.





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(9) Any administrative proceeding under this subsection shall be conducted with due speed, but with due regard for the right of the franchisee to fully present its case.

(10) In conducting the administrative proceeding under this subsection, and except as inconsistent with the foregoing, the hearing officer shall adhere, to the extent permissible and feasible, to the Virginia Administrative Process Act, § 9.6-14:1, et seq., Code of Virginia (1950), as amended, or any successor statute.

(e) Nothing in this section shall be construed as preventing a franchisee from submitting an informal request for the renewal of its franchisee pursuant to 47 U. S. C. § 546 (h), which application may be granted or denied in accordance with the provisions of 47 U.S.C. § 546(h).

(f) The provisions of this article shall be read and applied so that they are consistent with the Cable Act, 47 U.S.C. § 546.

Sec. 9-3-73 Application for modification of a franchise or franchise agreement.

(a) An application for modification of a franchise or a franchise agreement shall be filed with the administrator and shall include, at minimum, the following information:

(i) the specific modification requested;

(ii) the justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the franchisee if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;

(iii) a statement whether the modification is sought pursuant to the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;

(iv) any other information that the franchisee believes is necessary for the city to make an informed determination on the application for modification; and

(v) an affidavit or declaration of the franchisee or an authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(b) Following review of the proposed modification, the administrator shall forward the modification, along with a recommendation, to the city council. In making a recommendation, the administrator shall utilize the factors identified below in subsection (c).

(c) Following a public hearing, the city council shall determine whether to approve the proposed modification. In making this determination, the council shall consider the extent to which the modification departs from the terms, conditions and intent of the existing franchise or franchise agreement, the justification for the modification and the extent to which the modification is consistent with and furthers the cable-related needs and interests of the Alexandria community.






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ARTICLE F
Franchise Transfers

Sec. 9-3-81 City approval required.

No transfer shall occur without prior written application to and approval of the city council, and only then upon such terms and conditions as the council deems necessary and proper. A franchise is a privilege that is in the public trust and personal to the franchisee, and the franchisee's obligations under a franchise involve personal services whose performance involves personal credit, trust and confidence in the franchisee. Any transfer without the prior approval of the city council shall be considered to impair the city's assurance of due performance. The council approval of a transfer in one instance shall not render unnecessary council approval of any subsequent transfer.

Sec. 9-3-82 Three-year holding requirement.


No transfer shall be approved by city council within a three-year period following either the acquisition of a cable system, or the initial construction of a system, measured from the date on which cable service is activated to the system's first subscriber, except by a recorded affirmative vote of three-fourths of the members of the city council and in accordance with federal law and regulation.

Sec. 9-3-83 Application for a transfer.

(a) A franchisee shall promptly notify the administrator of any proposed transfer. If a transfer should take place without prior notice to the administrator, the franchisee shall promptly notify the administrator that such a transfer has occurred; provided, that such notice shall not be construed as curing the franchisee's failure, before the transfer, to provide the required notice to the administrator and to obtain the required city council approval of the transfer.

(b) At least 120 calendar days prior to the contemplated effective date of a transfer, a franchisee shall submit to the administrator an application for approval of the transfer, unless the administrator has waived this requirement in writing based upon the nature of the proposed transfer. Such an application shall provide complete information on the proposed transfer, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on the cable system, cable service and subscriber rates. At a minimum, the following information shall, unless waived in whole or in part by the administrator, be included in the application:

(1) all information and forms required under federal law;

(2) all information required in section 9-3-64(a) through (e), (i), (j), (k), and (n), substituting in these provisions the term "proposed transferee" for the term "bidder'';

(3) a detailed statement of the corporate or other business entity organization of the proposed transferee, together with an explanation of how decisions regarding the cable system will be made if the proposed is transfer approved;

(4) any business relationships or transactions of any kind, past, present or anticipated, between the franchisee, or its owners, subsidiaries or affiliates and any of the proposed transferees, or their corporate parents, subsidiaries or affiliates, other than the proposed transfer;

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(5) any contracts, financing documents or other documents that relate to the proposed transfer, and all documents, schedules, exhibits or the like referred to therein;

(6) any documents related to the transfer, including any documents regarding rates that the transferee expects to charge, that have been provided to any entity that has been asked to provide financing (debt, equity or any other kind) for, or to underwrite any offering made in connection with, the proposed transfer;

(7) any documents provided to the boards of directors, executive committees or similar controlling bodies of the franchisee and of any proposed transferee, or their corporate parents, subsidiaries or affiliates, regarding the proposed transfer;

(8) any shareholder reports or filings with the Securities and Exchange Commission or the Federal Trade Commission that discuss the transaction, and any filings required under the Clayton Act in connection with the proposed transfer;

(9) complete financial statements for the franchisee and any potential transferees for the prior three years, including balance sheets, income statements, profit and loss statements, and documents detailing capital investments and operating costs;

(10) a detailed description of the sources and amounts of the funds to be used in the proposed transfer, indicating how the debt-equity ratio of the cable system will change in the course of the transaction, what entities will be liable for repayment of any debt incurred, what interest, payment schedule and other terms or conditions will apply to any debt financing, any debt coverages or financial ratios that any proposed transferees will be required to maintain over the franchise term if the proposed transfer is approved, what financial resources would be available to the system under the control of the proposed transferee, and whether the proposed transferee can meet debt-equity or any other required ratios without increasing subscriber rates, with any assumptions underlying that conclusion, and, if not, what rate increases would be required and why;

(11) any other information necessary to provide a complete and accurate understanding of the financial position of the cable system before and after the proposed transfer, including but not limited to two sets of projected income statements and cash flow statements, including capital investments, for at least five years after the proposed transfer, one set assuming the transfer is approved, and one set assuming the transfer is not approved, and each set stating specifically what assumptions are being made with respect to any rebuild or upgrade of the system;

(12) complete information regarding any potential impact of the transfer on subscriber rates and service;

(13) a detailed analysis of franchise fee payments made by the franchisee, or any affiliate, during the life of the franchise, showing (i) total gross revenues, by category (e.q., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other), (ii) the revenues, by category, that were included in the calculation of the franchise fee, so that it is clear what, if any, revenues were not included and the dollar value of those exclusions, (iii) the value of any non-cash compensation received (e.q., trades for advertising spots), showing what amounts of non-cash compensation were included in the franchise fee calculation, (iv) what, if any, deductions




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were made from revenues in calculating the franchise fee (e.g., bad debt), and the amount of each deduction, and (v) if an outside agency was used to collect revenue (e.g., a collection agency, an advertising agency paid on the basis of percentage of sales), how much revenue was received by these agencies, and the total amount of such revenues included for purposes of the franchise fee calculation;

(14) information sufficient to permit the city to determine the franchisee's compliance with its franchise obligations over the term of the franchise, including specific descriptions of any noncompliance of which the franchisee or any potential transferee is aware;

(15) any representations made to anyone, in connection with the proposed transfer, about the franchisee's compliance with its franchise; and

(16) a brief summary of the proposed transferee's plans for at least the upcoming five years regarding line extension, plant and equipment upgrades, channel capacity, expansion or elimination of services, and any other changes affecting the performance of the cable system.

(c) For purposes of determining whether a proposed transfer should be approved, the city council, and the administrator, may inquire into all qualifications of the proposed transferee and such other matters as is deemed necessary to determine whether the transfer is in the public interest and should be approved, denied or conditioned.

(d) Following review of the application and the proposed transfer, the administrator shall forward the application, along with a recommendation on the proposed transfer, to the city council. In making a recommendation, the administrator shall utilize the factors identified in section 9-3-85.

Sec. 9-3-84 Right of city to exercise first refusal.

If a proposed transfer involves a change in control of the franchisee, as defined in section 9-3-35, the city shall have the right of first refusal to acquire the cable system at a price not to exceed its then fair market value. Any payment for the transfer or assignment of rights to the city shall be governed by the standards of section 9-3-95.

Sec. 9-3-85 Determination by city council.

(a) Following receipt of an application for approval of a transfer and the administrator's recommendation, the city council shall determine whether to approve or deny the application, or approve it subject to conditions. In making this determination, the council shall consider the following factors:

(1) the legal, financial and technical qualifications of the proposed transferee to operate the cable system in accordance with this chapter and the franchise agreement between the incumbent franchisee and the city;

(2) the potential impact of the transfer on subscriber rates or services;

(3) whether the incumbent franchisee is in compliance with this chapter and its franchise agreement with the city, and, if not, the proposed transferee's commitment and ability to cure such noncompliance;




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(4) whether the proposed transferee owns or controls any other cable system in the city;

(5) the effect that the proposed transfer will have on the competition in the delivery of cable service in the city; and

(6) whether operation of the cable system by the proposed transferee would adversely affect subscribers, the city's interests under this chapter, the existing franchise agreement between the incumbent franchisee and the city, or the public interest, or make it less likely that the future cable-related needs and interests of the Alexandria community will be satisfied at a reasonable cost.

(b) Any transfer without the prior approval of the city council shall be ineffective, and shall make the franchise affected by the transfer subject to cancellation at the city's sole discretion and to any other remedies available under the franchise, this chapter or other applicable law.

(c) The city reserves the right to review, inter alia, the compensation and other consideration associated with any transfer, and to take any necessary steps to ensure that any negotiated sale value which the city deems unreasonable will not adversely affect subscriber rates, including denial of the transfer.

(d) Any mortgage pledge or lease shall be subject and subordinate to the rights of the city under this chapter or other applicable law.

Sec. 9-3-86 Transferee's agreement.

No application for the approval of a transfer shall be approved by the city council unless the transferee agrees in writing that it will abide by and accept all terms of the franchise agreement between the incumbent franchisee and the city, and all applicable provisions of this chapter, and that it will assume the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under the franchise agreement and this chapter, for all purposes, including renewal, unless the council, in its discretion, expressly waives all or part of this requirement.

Sec. 9-3-87 Approval does not constitute waiver of city rights.

Approval by the city council of a transfer does not constitute a waiver or release of any of the rights of the city under this chapter or a franchise agreement against the transferor franchisee, whether arising before or after the date of the transfer.
ARTICLE G
Termination of Franchise

Sec. 9-3-91 Forms of termination.

A franchise may, in accordance with this article, be terminated by revocation or terminate by expiration.

Sec. 9-3-92 Revocation of franchise.

(a) The city shall have the right to revoke a franchise, effective on a date set by the city council no less than 90 days following the date of the decision to revoke, for a franchisee's failure to construct, operate or maintain the cable system as required by this chapter or a franchise



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agreement, for any other material violation of this chapter or material breach of a franchise agreement, for a franchisee's defrauding or attempting to defraud the city or subscribers, or if the franchise or the cable system is assigned for the benefit of the creditors of the franchisee, or a receiver or trustee is appointed to take over the business of the franchisee, or the franchisee is declared a bankrupt.

(b) Prior to revoking a franchise for one or more of the grounds stated in subsection (a), the city shall follow the procedures in subsubsections (1), (2) and (3) below, except where the grounds for revocation involve the assignment of the franchise or the cable system for the benefit of creditors, the appointment of a receiver or trustee to take over the franchisee's business, or the franchisee is declared a bankrupt, in which case the provisions of subsection (c) only shall govern.

(1) Whenever the city believes there are grounds to revoke a franchise, written notice shall be provided to the franchisee informing it of those grounds and providing it with an opportunity to remove the grounds within a period of 30 or more days, except that no such opportunity need be provided where the franchisee is believed to have defrauded or attempted to defraud the city or subscribers in which case the notice required by this subsubsection may be provided and the city may then proceed immediately to the public hearing provided for in subsubsection (3).

(2) If, within the period stated in the city notice, the franchisee fails to remove the identified grounds for revocation, or at least to initiate and actively pursue corrective action to remove those grounds to the satisfaction of the city, a second written notice to the franchisee shall be provided to the franchisee informing it of the city's intention to pursue revocation of its franchise by holding a public hearing before the city council, or a designee of the council, and of the date, time and place of the hearing, which shall be no less than 30 days after the date of the notice.

(3) At the public hearing on a franchise revocation, the franchisee shall be given the opportunity to be heard and to present information and evidence regarding the grounds for revocation that have been identified by the city. Following a hearing held before the city council, the council shall determine, based on the information and evidence presented at the hearing and other information of record, whether to revoke the franchise and, if so, the date on which the revocation shall be effective. Following a hearing held before a designee of council, the designee shall determine whether to recommend to council that the franchise be revoked or not revoked, and shall prepare and forward to the council a written report containing the designee's recommendation and the reasons for the recommendation. In addition, the designee shall forward to the council a copy of the record complied in conjunction with the hearing. Following receipt of such report, the council shall determine, based on the report and the hearing record, whether to revoke the franchise. Whenever the city council determines to revoke a franchise, it shall issue a written decision setting forth the reasons for its decision, and a copy of the decision shall be transmitted to the franchisee.

(c) A franchise may, at the option of the city council following a public hearing, be revoked effective 120 days after the council decision, based upon an assignment of the franchise or the cable system for the benefit of the creditors of the franchisee, or the appointment of a receiver




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(1) such assignment, receivership or trusteeship has been vacated; or

(2) such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the franchise agreement, and has executed an agreement, approved by a court of competent jurisdiction, in which the assignee, receiver or trustees assumes and agrees to be bound by the terms and conditions of this chapter and the franchise agreement, and such other conditions as may be established or as are required under article D of this chapter.

(d) In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the city may revoke the franchise, following a public hearing before the city council, by serving notice of the revocation on the franchisee and the successful bidder, in which event the franchise and all rights and privileges of the franchisee shall be revoked and shall terminate 30 days after the service of the notice, unless:

(1) the city has approved the transfer of the franchise to the successful bidder; and

(2) the successful bidder has covenanted and agreed with the city to assume and be bound by the terms and conditions of the franchise agreement and this chapter, and such other conditions as may be established or as are required pursuant to article D of this chapter.

(e) If the city revokes a franchise, the city, pursuant to resolution of the city council, may acquire ownership of the cable system at its then-fair market value. Alternatively, in the case of revocation, the city council may require the former franchisee to remove its facilities and equipment from all, or some, public rights-of-way at the franchisee's sole expense. If the franchisee fails to do so within a reasonable period of time, the removal shall be undertaken by the franchisee's surety. If removal is not undertaken by said surety, the city may undertake the removal itself, and it shall then be reimbursed for all its expenses by the franchisee or the franchisee's surety, or both.

(f) Notwithstanding any other provision of this chapter to the contrary, where the city has granted a franchise requiring the completion of construction of a cable system or of a cable system upgrade, or the completion of other specific obligations, by a specified date, the failure of the franchisee to complete such construction or upgrade, or to comply with such other specific obligations, as required, may, at the option of the city council, result in the automatic termination of the franchise, without the procedures set out in this section, where such automatic termination is provided in the franchise or franchise agreement.

Sec. 9-3-93 Expiration of franchise.
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sole expense. If the franchisee fails to do so within a reasonable period of time, the removal shall be undertaken by the franchisee's surety. If removal is not undertaken by said surety, the city may undertake the removal itself, and it shall then be reimbursed for all its expenses by the franchisee or the franchisee's surety, or both.
ARTICLE H
System Facilities, Equipment, and Services




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provide backup power supplies requires the franchisee to install equipment that will (i) cut in automatically on failure of commercial utility AC power, (ii) revert automatically to commercial power when it is restored and (iii) prevent the standby power source from powering a "dead" utility line.

(c) A franchisee shall not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the cable system of another franchisee, or individual or master antennae used for receiving television or other broadcast signals.

Sec. 9-3-107 Proof of performance tests.

A franchisee shall perform proof of performance tests, as required by FCC rules, designed to demonstrate compliance with the technical standards in this article, the franchise agreement and FCC requirements. The franchisee shall provide the proof of performance test results promptly to the administrator. The franchisee shall provide the administrator 10 days' advance written notice when a proof of performance test is scheduled so that the city may, if it wishes, have an observer present. The city shall have the right to inspect the cable system during and after its construction to ensure compliance with the technical standards in this article, the franchise agreement and applicable provisions of federal, state and local law, and may require the franchisee to perform additional tests based on the city's investigation of cable system performance or on subscriber complaints.

Sec. 9-3-108 Interconnection.

(a) A franchisee shall design its cable system so that it may be interconnected with any other cable television system or similar communications systems in the Washington, D.C., metropolitan area. Such interconnection may be made by direct cable connection, microwave link, satellite or any other appropriate method.

(b) Upon receiving a request of the city to interconnect, a franchisee shall initiate and pursue negotiations with the other affected system or systems and shall, within a reasonable time, effect the requested interconnection unless the city council finds that the cost of interconnection would cause an unreasonable increase in subscriber rates or, for other reasons, the interconnection would not be in the public interest.

(c) No interconnection shall take place without the prior approval of the administrator, and such approval shall be given if a franchisee demonstrates that all signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a low level of distortion.

(d) A franchisee shall cooperate with any federal, state or regional regulatory agency established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems beyond the boundaries of the city.

Sec. 9-3-109 Integration of advancements in technology.

(a) In addition to such upgrades as may be required under a franchise agreement, it shall be the responsibility of a franchisee to periodically upgrade its cable system to implement advancements in technology as may be required to meet the cable-related needs and interests of the Alexandria community in light of the costs thereof. It is recognized that subscribers in the city have an

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The proposed system design shall be shown on maps of industry standard scale using standard symbols, shall depict all electronic and physical features of the cable plant, and shall satisfy all design and construction obligations applicable to the franchisee under its franchise agreement, this chapter and other applicable law. The city may review the proposed system design and, within 30 days of the date the design is made available for city review, propose revisions that it believes are required to satisfy such obligations. Within 15 days of receipt of these proposed revisions, the franchisee shall submit a revised design to the city incorporating the revisions, unless the city finds, after further discussion with the franchisee, that the revisions are not required to satisfy the franchisee's obligations.

Sec. 9-3-111 Emergency alert system.

A franchisee shall install and thereafter maintain for use by the city an emergency alert system. This system shall be remotely activated by telephone and shall allow a representative of the city to override the audio and video on all channels on the franchisee's cable system in the event of a civil emergency or for reasonable tests. The city shall provide reasonable notice to a franchisee prior to any test use of this system.
ARTICLE I
Construction, Operation and
Maintenance of Cable System

Sec. 9-3-121 System construction schedule.

(a) Every franchise agreement shall specify, or provide for the preparation of, the construction schedule that will apply to any required construction, upgrade or rebuild of the franchisee's cable system.

(b) Failure on the part of a franchisee to timely commence and thereafter to diligently pursue construction, or otherwise to comply with an agreed-upon construction schedule. shall be grounds for termination of the franchise or for the imposition of penalties under this chapter; provided, that the city council may, for good cause shown, provide additional time for a franchisee to comply with construction schedule requirements.

Sec. 9-3-122 Construction, operation and maintenance requirements.

(a) A franchisee shall construct, operate and maintain its cable system in compliance with all applicable laws, ordinances, rules and regulations. The system, and all parts thereof, shall be subject to periodic inspection by the city.

(b) No construction or other activity on or related to a cable system, including any activity within a public right-of-way, shall be commenced by a franchisee until all required permits and approvals have been obtained from the city and other authorities. Any such permit or approval may impose conditions that are necessary to protect structures in the public right-of-way, to ensure the proper restoration of the public right-of-way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the public's utilization of the public right-of-way.






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(c) The construction, operation and maintenance of a cable system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, the National Electrical Safety Code, the National Electric Code and other applicable federal, state and local laws and regulations.

(d) All cable system transmission, distribution and other lines, equipment and structures shall be located and installed so as to cause minimum interference with the rights and convenience of property owners.

(e) All installation of electronic equipment shall be of a permanent nature, using durable components.

(f) Any cable system antennae and their supporting structures shall be constructed, painted, lighted and maintained in accordance with applicable rules and regulations of the Federal Aviation Administration and other applicable state and local laws and regulations.

(g) All of a franchisee's plant and equipment, including, but not limited to, its antennae site, head-end, distribution system, towers, house connections, structures, poles, wires, cable, coaxial cable, fiber optic cable, fixtures and apparatuses shall be constructed, reconstructed, installed, located, erected, replaced, removed, repaired, operated and maintained in accordance with good engineering practices, and shall be performed by experienced and properly trained maintenance and construction personnel so as not to endanger or unreasonably interfere with any public right-of-way or the use thereof, with any improvements located therein or with the legal rights of any property owner, and so as not to unnecessarily hinder or obstruct the public's use of the right-of-way, including pedestrian and vehicular traffic.

(h) All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents that are likely to cause damage, injury or nuisance to the public.

(i) A franchisee shall not locate facilities, equipment or fixtures where they will interfere with, or in a manner which will cause them to interfere with, any gas, electric, telephone, water, sewer or other utility facility or equipment; nor shall a franchisee, through its facilities, equipment or fixtures, obstruct or hinder in any manner the various utilities serving the residents and businesses of the city or their use of any public rights-of-way.

(j) Any public right-of-way, public property or private property that is disturbed or damaged during, or as a result of the construction, reconstruction, repair, replacement relocation, operation or maintenance of a cable system shall be promptly repaired by the franchisee, at its sole expense.

(k) A franchisee shall, by a time specified by the city and at its sole expense, protect, support, temporarily or permanently disconnect, temporarily or permanently remove or relocate, or take other specific action identified by the city with respect to any of its facilities, equipment, fixtures or other property when required by the city by reason of any of the following: traffic conditions; public safety demands; public right-of-way relocation, vacation, construction, regrading, maintenance or repair (including resurfacing or widening); construction undertaken by the city;




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construction, installation, replacement or repair of, or other work on, sewers, drains, water pipes, power lines, signal lines, tracks or any other type of communications system, public improvement or public utility by the city or any entity providing utility services to residents and businesses of the city; or any other activity undertaken for the general welfare; provided, that the franchisee may, in all such cases, abandon its property in place, so long as the city consents to the abandonment and the abandonment is done in accordance with any terms and conditions established by the city, including the removal of the abandoned property at the franchisee's sole expense.

(1) If a franchisee is required to take action with respect to its property in order to accommodate the construction, operation, maintenance or repair of, or a similar activity involving, the facilities, equipment, fixtures or other property of another person who is authorized to use the public rights-of-way, a franchisee shall take the action requested. The city may resolve disputes between the franchisee and other persons who are authorized to utilize public rights-of-way as to the responsibility for the costs associated with the action undertaken by the franchisee, where the parties are unable to do so themselves and resolution of the dispute is not governed by a contract between the parties or federal or state law or regulation.

(m) In the event of an emergency, or where a cable system creates or is contributing to an imminent danger to health, safety or property, the city may remove, disconnect, relay, repair or relocate, or take any other necessary action with respect to, any or all parts of the cable system without prior notice to the franchisee.

(n) A franchisee shall, on the request of any person holding a permit issued by the city to move a building, temporarily raise or lower its wires and other facilities to permit the moving of the building. The expense of such temporary removal or raising or lowering of facilities shall be borne by the person requesting same, and the franchisee may require such payment in advance, except in the case where the requesting person is the city, in which case no payment shall be required. The franchisee shall be given at least 48 hours' advance notice of any building movement under this subsection.

(o) A franchisee may trim trees that overhang a public right-of-way so as to prevent the branches of such trees from coming in contact with the wires and cables of its cable system. However, no such tree trimming by a franchisee may take place unless pursuant to a tree trimming plan that has been reviewed and approved by the administrator. Moreover, any such tree trimming may, at the option of the city, be performed by the city itself, and the costs of the trimming shall be paid by the franchisee.

(p) In all areas of the city where electric utility lines or telephone lines, or both, are located overhead, all trunk, feeder, drop cables and lines, and other facilities, associated with a franchisee's cable system may be constructed, and may thereafter continue to be located (except as provided below), overhead. In all areas of the city where electric utility and telephone lines are located underground, all trunk, feeder, and drop cables and lines, and other facilities, associated with a franchisee's cable system shall be constructed, and thereafter shall continue to be located, underground, and any such facilities of the franchisee that are already constructed in said areas shall be relocated underground, and all such undergrounding shall be undertaken at the sole expense of the franchisee.



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Whenever and wherever electric utility lines and telephone lines are relocated from overhead to underground placement in an area of the city, all cables, lines and other facilities associated with a cable system in the area that are located overhead shall be relocated underground no later than 180 days following the undergrounding of the electric and telephone lines, or by another date determined by the city council.

(q) A franchisee shall use, with the owner's permission, existing underground utility conduits or overhead utility facilities whenever feasible, and shall not erect any poles or other structures or facilities in any public right-of-way without the express permission of the administrator and the director of transportation and environmental services. Copies of agreements for a franchisee's use of underground conduits and overhead utility facilities shall be filed with the administrator, if required by a franchise agreement or upon city request. To the extent and in the manner required by federal or state law, the owners of poles supporting electric, telephone or other utility lines shall make such poles available to a franchisee.

(r) The city shall have the right to install and maintain free of charge upon any poles owned by a franchisee any cables, lines, wires and other fixtures and facilities used for city communications purposes, so long as they do not unreasonably interfere with the operations of the franchisee's cable system.

(s) Except as otherwise provided in a franchise agreement, prior to the construction or installation of any towers, poles, underground conduits or other structures or facilities associated with a cable system, or the construction, upgrade or rebuild of a cable system or any part thereof, a franchisee shall submit to the administrator and any other persons designated by the administrator, for their approval, a concise description of the work to be performed, including engineering drawings and a map and plans indicating the proposed location of all proposed structures and facilities. No construction or installation work shall be commenced by the franchisee until approval therefor has been received from the administrator.

(t) Any contractor or subcontractor who assists in the construction, installation, operation, maintenance or repair of, or who undertakes any other work on a, cable system shall be properly licensed under the laws of the commonwealth and this code. Any such contractor and subcontractor shall perform work in compliance with all applicable provisions of law and any applicable franchise agreement, and the franchisee shall be responsible for ensuring that the work is so performed.

Sec. 9-3-123 Use of public property.

(a) In the event that the location or the grade, line or other characteristic of any public right-of-way that a franchisee is authorized to use and occupy is altered by the city, the franchisee shall, at its sole expense, relocate or otherwise modify its cable system so as to conform to the new location or the new grade, line or other right-of-way characteristic.

(b) In the event that an alteration is made to a sanitary or storm sewer or to any other structure or facility maintained by the city or the Alexandria Sanitation Authority and located in a public right-of-way, the franchisee shall, at its sole expense, relocate or otherwise modify its cable system or any part thereof as necessary to conform to such alteration. If any alternation to such a sanitary or storm sewer or to another structure or facility maintained by the city or the Alexandria Sanitation Authority is required on account of the presence in a public right-of-way of a




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franchisee's cable system or a part thereof, any such alternation shall be made at the sole expense of the franchisee.

(c) During any work associated with or performed on its cable system, the franchisee shall, at its sole expense, protect and, if damaged, repair any and all existing structures and facilities located within or adjacent to a public right-of-way, regardless of the person owning such structures and facilities.

(d) Any work by a franchisee in a public right-of-way shall be undertaken only after all city approvals have been obtained, and shall be performed in the manner required by this code and by the city as part of such approvals.

Sec. 9-3-124 Interference with public projects.

Nothing in this chapter shall be construed to interfere with the right of the city and other governmental entities to construct, operate, repair and maintain public improvements and public works of every description, whether or not within a public right-of-way, and, in the event that a cable system interferes or poses a danger of interfering with the construction, operation, repair or maintenance of any public improvement or public works, the franchisee, at its sole expense, either shall undertake such protective measures identified by the city or other governmental entity as necessary to protect such improvement or works, or shall relocate its cable system, or any part thereof, as directed by the city or other governmental entity.

Sec. 9-3-125 Publicizing proposed construction and other work.

A franchisee shall publicize scheduled construction work by causing written notice of such work to be delivered to the administrator at least one week prior to the commencement of the work and by notifying those persons most likely to be affected by the work, by telephone, in person, by mail, by distribution of flyers to residences, or in another manner approved by the administrator that is reasonably calculated to provide adequate notice. In addition, before entering onto any person's property, a franchisee shall make a reasonable effort to contact the property owner or, in the case of residential property, the property's occupant; provided that, if a franchisee must enter a single family home or another structure used as a person's residence (e.g., a condominium or apartment), it shall schedule an appointment to do so at the convenience of the owner or occupant.

Sec. 9-3-126 Continuity of service.

(a) It is the right of all subscribers located in a franchisee's franchise area to receive all available services from the franchisee, so long as their financial and other obligations to the franchisee are satisfied.

(b) A franchisee shall ensure that all subscribers receive continuous uninterrupted service. At the city's request, a franchisee shall continue to operate its cable system for a temporary period (the "transition period") whenever necessary following the termination, sale or transfer of its franchise to maintain service to subscribers, and it shall cooperate with the city to ensure an orderly transition to another franchisee. The transition period shall be no longer than the reasonable period required for the selection of another franchisee and the construction of a replacement system, and shall be no longer than 36 months, unless extended by the city for good cause. During such transition period, a




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(c) If a franchisee abandons its cable system during the term of its franchise, or fails to operate its system in accordance with the terms of its franchise agreement and this chapter during the term of its franchise or any transition period, the city may, at its option, operate the system, designate another entity to operate the system temporarily until the franchisee restores service under conditions acceptable to the city or until the franchise is revoked and a new franchisee is providing service, or obtain an injunction requiring the franchisee to continue operations. If the city is required to operate or designate another entity to operate the cable system, the franchisee shall reimburse the city or its designee for all reasonable costs and damages incurred that are in excess of the revenues derived from the operation of the cable system.

(d) The city shall be entitled to injunctive relief under the preceding subsection if:

(1) The franchisee fails to provide cable service in accordance with its franchise and franchise agreement for more than 20 percent of the franchise area for 96 consecutive hours, unless the city authorizes a longer interruption of service; or

(2) The franchisee, for any period following notice from the city, willfully and without cause refuses to provide cable service in accordance with its franchise and franchise agreement over any portion of the franchise area.
ARTICLE J
Operation and Reporting Provisions
Sec. 9-3-151 Open books and records.
(a) The city shall have the right, upon 24 hours written notice, to inspect and copy, during normal business hours and at such location as the city may designate, all books, receipts, maps, plans, financial statements, contracts service complaint logs, performance test results, records of requests for service, computer records, codes, programs, disks and other storage media, and other like materials which may be relevant to the franchisee's compliance with the requirements and obligations imposed upon it by this chapter, a franchise agreement or applicable law. The right of the city under this section to inspect extends to the materials identified above that are in the possession or under the control of the franchisee, of an affiliate of the franchisee, and of any other person responsible for managing and administering the cable system. The franchisee is responsible for collecting the materials covered by this section and producing it at the location designated by the city or, in the case of materials meeting the requirements of section 9-3-156, at its option, for paying all costs incurred by the city in inspecting the materials where they are located. Upon a request for confidentiality by franchisee, information obtained by the city pursuant this section shall be made available only to persons needing access to the materials in order to perform their responsibilities on behalf of or for the city and, as to all other persons, shall, to the extent permitted by law, be treated as confidential.

(b) A franchisee shall maintain separate financial records governing its operations in the franchise area.


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(c) Access to a franchisee's records shall not be denied by the franchisee on the basis that said records contain "proprietary" information. A franchisee's refusal to provide information required under this section to the city shall be grounds for revocation of the franchise.

(d) A franchisee shall maintain a file of the records that are to be open to public inspection under FCC rules and regulations.

Sec. 9-3-152 Communication with regulatory agencies.

Upon request by the administrator, a franchisee shall file with the administrator, in a form acceptable to the administrator, all reports required by the FCC, including, but not limited to, proof of performance test results, equal employment opportunity reports and all petitions, applications and communications of all types regarding the cable system, or a group of cable systems of which the franchisee's cable system is a part, submitted or received by the franchisee, an affiliate or any other person on the behalf of the franchisee, either to or from the FCC, the Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee's system. Public access to such reports received by the city shall not be denied.

Sec. 9-3-153 Reports.

(a) Annual report. No later than 90 days following the close of its fiscal year, a franchisee shall submit a written report to the city council, in a form directed by the administrator. The report shall be presented at a regular meeting of the council no earlier than 10 days following submission of the report. The report shall include the following information pertaining to the franchisee's immediately preceding fiscal year:

(1) a summary of the year's activities in the development of the cable system, including but not limited to services begun or discontinued and subscribers gained or lost;

(2) a summary of the year's complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions;

(3) an audited and certified financial report for the year, including the following: a year-end balance sheet; an income statement showing gross revenues for the year, subscriber revenue from each category of service and non-subscriber revenue from each source, line item operating expenses, depreciation expense, interest expense and taxes paid; a statement of cash flows; and a depreciation schedule;

(4) a statement of all capital expenditures, including for construction and equipment, made during the year;

(5) a statement of construction plans and major equipment expenditures for the current and the next fiscal years;

(6) an ownership report, indicating all persons who at any time during the year held an ownership interest in the franchisee of five percent or more;

(7) a list of the individuals who served during the year as officers and as members of the board of directors of the franchisee;




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(8) an organizational chart (i) identifying all persons with more than a five percent ownership interest in the franchisee and stating, for each such person, its legal form (e.g., corporation, limited liability company, partnership, natural person), and (ii) for each person with more than a thirty-three percent ownership interest in the franchisee, identifying all persons with more than a thirty-three (33) percent interest in the ownership of said person and stating their legal form; and

(9) such other information as the administrator or the city council may direct.

(b) Annual opinion survey report. The franchisee shall prepare and submit to the administrator, by August 31 of each year or such other date as set by the administrator, the results of an opinion survey which shall identify the satisfaction and dissatisfaction among the franchisee's subscribers and the cable-related needs and interests of the Alexandria community that are being met and those that are not being met by the franchisee. The opinion survey shall be conducted in conformance with such requirements, including supervision, as the administrator and the city council may direct.

(c) Annual plant survey report. The franchisee shall prepare and submit to the administrator, by August 31 of each year or such other date as set by the administrator, a complete survey of and a full report on its plant. The purpose of the report shall be to assure the city that the technical standards of the FCC are being maintained. This plant survey shall include appropriate electronic measurements and shall be conducted in conformance with such requirements including supervision, as the administrator and the city council may direct.

(d) Special reports and documents. A franchisee shall deliver the following special reports and documents. Unless otherwise specified in the subsubsections below, these reports and documents shall be delivered to the administrator within five days of their completion, filing or receipt by, or on behalf of, the franchisee.

(1) A report shall be prepared and submitted to the administrator bimonthly that describes any cable system construction that is ongoing, including any system rebuild.

(2) Any notice of deficiency or forfeiture or any other document issued by any state or federal agency instituting an investigation or a civil or criminal proceeding regarding the cable system, the franchisee or any affiliate of the franchisee, to the extent the same may affect the franchisee's operations in the city, shall be filed with the administrator.

(3) Any petition or request for protection under bankruptcy laws filed by or on behalf of, or any judgment related to a declaration of bankruptcy by, the franchisee or any person holding more than a twenty percent ownership interest in the franchisee shall be filed with the administrator.

(4) Any report or other document containing or discussing technical tests, or the results of such tests, required by the city as specified in this chapter or a franchise agreement shall be filed with the administrator.

(5) A report shall be filed with the administrator within 30 days of the end of each calendar quarter, stating the number of service calls, by type of service requested, received by the franchisee during the prior quarter and, for each type of service, the percentage of service calls compared to the subscriber base.

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(6) A report shall be filed with the administrator within 30 days of the end of each calendar quarter, (i) stating the number of outages and service degradations that occurred during the prior quarter, (ii) identifying separately each planned outage that occurred during the quarter, the time it occurred, its duration and the estimated area and number of subscribers affected, (iii) identifying each unplanned outage or service degradation that occurred during the quarter, the time it occurred, its duration and the area and number of subscribers affected, and (iv) stating the total hours of outages and service degradations, the total number of viewing hours that subscribers lost due to the outages and degradations (i.e., hours of outages and degradations multiplied by the number of subscribers affected), and the percentage such viewing hours were of the total potential subscriber viewing hours during the quarter.

(e) General reports. A franchisee shall prepare and filed with the administrator, at the times and in the form prescribed by the administrator, such additional reports with respect to the franchisee's operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city in connection with this chapter or the franchise agreement.

Sec. 9-3-154 Records required.

(1) records of complaints received. The term "complaints" as used herein and in this chapter refers to any written or verbal statement of dissatisfaction with one or more aspects of a cable system, including service outages, the technical quality of video transmissions, and the performance by franchisee's employees, but not including the quality or nature of programming, that a franchisee receives in its administrative offices or in the field from a subscriber, whether or not the complaint requires a service call;

(2) a full and complete set of plans, records and "as built" maps showing the exact location of all cable system equipment installed or in use in the city, exclusive of subscriber service drops;

(3) records of service outages, indicating date, duration, area and the estimated number of subscribers affected, type of outage, and cause;

(4) records of service calls for repair and maintenance, indicating the date and time service was requested, the date of acknowledgement, the date and time service was scheduled (if it was scheduled), the date and time service was provided, and (if different) the date and time the problem was solved; and

(5) records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended.

(b) A franchisee shall maintain records and provide information in addition to the records and information specified in subsection (a) as are reasonably required by the administrator.

Sec. 9-3-155 Performance evaluation.

(a) The city may, at its discretion, hold performance evaluation sessions. All such evaluation sessions shall be open to the public.



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(c) During the review and evaluation by the city, a franchisee shall cooperate with the city and shall provide such information and documents as the city may need to reasonably perform its review.

Sec. 9-3-156 Voluminous materials.

If any books, records, maps, plans or other documents requested from a franchisee by the city are too voluminous to copy or move, or for security reasons cannot be moved, then a franchisee may request that the city's inspection take place where such documents are located rather than at a location designated by the city, provided that the franchisee must (i) make necessary arrangements for copying, at its sole expense, the documents selected by the city after review, and (ii) pay all transportation, lodging and other travel-related expenses incurred by the city in inspecting the documents or having the documents inspected by its designee where the documents are located. The parties agree that any payments made by the franchisee under this section are not a franchise fee and fall within one or more of the exceptions in the Cable Act, 47 U.S.C. § 542(g)(2).

Sec. 9-3-157 Retention of records; relation to privacy rights.

A franchisee shall take all reasonable steps to ensure that it is able to provide the documents and information which must be provided or may be requested under this chapter or a franchise agreement, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require a franchisee to violate the Cable Act, 47 U.S.C. § 551. A franchisee shall be responsible for redacting from documents any data that federal law prevents it from providing to the city. Unless otherwise required by federal law, records required to be complied by this chapter shall be maintained by a franchisee for at least five years.
ARTICLE K
Consumer Protection Provisions
Sec. 9-3-171 General provisions.
A franchisee shall comply with the customer service standards set forth in this article. A franchisee shall also comply with any additional or stricter customer service standards or requirements established by federal or state law or regulation. Nothing in this article shall relieve a franchisee of its obligation to comply with applicable consumer protection laws.

Sec. 9-3-172 Telephone and office availability.

(a) A franchisee shall maintain an office at a convenient location in the city that shall be open during the hours of 8:00 a.m. to 9:00 p.m., Monday through Friday, 8:00 a.m. to 5 p.m. on Saturday, and, if found by the administrator to be reasonably necessary, 12:00 p.m. to 5:00 p.m. on Sunday, to allow subscribers to request service, pay bills and conduct other business. A franchisee shall perform service calls, installations and disconnects during at least the hours 8:00 a.m.

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to 8:00 p.m., Monday through Saturday, and shall respond to outages 24 hours a day, seven days a week. A franchisee shall establish a publicly-listed, local toll-free telephone number. The phone at such number must be answered by customer service representatives at least during the hours of 8:00 a.m. to 8:00 p.m., Monday through Saturday, for the purpose of receiving requests for service, inquiries and complaints from subscribers. After those hours, a franchisee shall arrange for the phone to be answered so that customers can register complaints and report service problems on a 24-hour per day, seven-day per week basis, and so that the franchisee can respond to service outages as required herein.

(b) Telephone answering time shall not. exceed 30 seconds, and the time to transfer a call to a customer service representative, including hold time, shall not exceed an additional 30 seconds. This standard shall be met 95 percent of the time, measured quarterly. Under normal operating conditions, customers shall receive a busy signal less than three percent of the time. When the business office is closed, an answering machine or service capable of receiving and recording service complaints and inquiries shall be employed. The after-hours answering service shall comply with the same telephone answer time standards set forth in this subsection. Upon request of the administrator, a franchisee shall supply statistical data to verify that it has met the standards set forth in this subsection.

(c) A franchisee shall hire sufficient staff fluent in both Spanish and English so that it can adequately respond to customer inquiries, complaints and requests for service in its office, over the phone and at a subscriber's residence.

Sec. 9-3-173 Scheduling work.

(a) All appointments for service, installation or disconnection shall be specified by date. A franchisee shall identify a specific time at which the work shall be done, or offer a choice of time blocks which shall not exceed four hours in length. A franchisee shall also, upon request, schedule service installation calls outside normal business hours, for the convenience of the customer, provided the customer pays a reasonable additional charge for such service. If, at any time, an installer or technician believes it impossible to make a scheduled appointment time, an attempt to contact the subscriber shall be made prior to the time of appointment, and the appointment shall be rescheduled at a time convenient to the subscriber.

(b) Subscribers who have experienced two missed appointments due to the fault of a franchisee, if the appointment was for installation, shall receive installation free of charge or other cable services of comparable value; if such installation was to have been free of charge or if the appointment was for a reason other than installation, subscribers shall receive three months of the franchisee's most widely subscribed-to service tier free of charge or other cable services of comparable value.

(c) With regard to mobility-limited subscribers, upon their request, a franchisee shall arrange for pickup and/or replacement of converters or other franchisee equipment at the subscribers' address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer).

(d) Requests for service, repair and maintenance must be acknowledged by a trained customer service representative of the franchisee within 24 hours or prior to the end of the next business day, whichever is earlier. A franchisee shall respond to all other inquiries, including billing inquiries, and to all complaints within five business days of the inquiry or complaint.


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(e) Standard installations made within 125 feet of a franchisee's existing distribution system shall be completed within seven business days after the order is placed. Other installations shall be commenced as soon as reasonably possible after the order is placed and thereafter diligently pursued to completion. Repairs and maintenance for service interruptions and other repairs not requiring in-unit work must be commenced within 24 hours of the subscriber request or complaint, and thereafter diligently pursued to completion. Work on all other requests for service shall be commenced by the close of the next business day after notification of the service problem, and shall be completed within three days from the date of the initial request. Where, for reasons beyond the franchisee's control, service work cannot be completed within the specific time period set out in this subsection even with the exercise of all due diligence, the franchisee shall complete the work in the shortest time reasonably possible. Except as federal law requires, no charge shall be made to a subscriber for repairs or maintenance work by a franchisee, except for the cost of repairs to the franchisee's equipment or facilities where it can be documented that the equipment or facility was damaged by the subscriber.

(f) A franchisee shall not cancel a service or installation appointment with a customer after the close of business on the business day immediately preceding the appointment.

(g) The standards set out in subsection (d) and in subsection (e) shall be met by a franchisee at least 95 percent of the time, measured on a quarterly basis.

Sec. 9-3-174 Notice to subscribers.

(a) A franchisee shall provide each subscriber, at the time cable service is installed and at least once a year thereafter, written instructions for placing a service call, filing a complaint or requesting an adjustment. As part of the notice provided at the time of installation, the franchisee shall provide the telephone number of the city office responsible for receiving customer complaints, a schedule of rates and charges, a statement of channel positions, a description of programming services, a copy of the service contract between the franchisee and the subscriber, a description of delinquent subscriber disconnect and reconnect procedures, and a description of other franchisee policies and procedures that may affect its subscribers. Copies of the installation and the annual notice shall be provided to the administrator. Except as otherwise provided below in article L, a franchisee shall provide the administrator and all subscribers at least 60 days' prior notice of any significant changes in the information that is required by this subsection to be provided to subscribers. Such notice shall be in writing, either delivered or mailed to subscribers and the administrator, and by announcement on the cable system.

(b) A franchisee's promotional materials, announcements and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-per-view or pay-per-event programming, all promotional materials shall clearly and accurately disclose price items. In the case of telephone orders, a franchisee shall take reasonable steps to ensure that price terms are clearly and accurately disclosed to potential customers.

(c) A franchisee shall maintain a file containing a copy of each notice provided to subscribers as required by this article, as well as a copy of each promotional offer made to subscribers.




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Sec. 9-3-175 Interruptions of service.

A franchisee may intentionally interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations, only after a minimum of 48 hours prior notice to subscribers and the administrator of the anticipated service interruption; provided, that planned maintenance that does not require more than two hours interruption of service and that occurs between the hours of 12:00 a.m. and 6:00 a.m. shall not require any notice to subscribers, and notice of such interruption to the administrator may be given at least 24 hours prior to the anticipated service interruption.

Sec. 9-3-176 Billing.

(a) A franchisee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.

(b) A franchisee's billing statement shall be clear, concise and understandable, shall itemize each category of service and equipment provided to the subscriber, and shall state the charge for each such category of service and equipment.

(c) A franchisee's billing statement shall show a specific payment due date that is the later of (i) 20 days after the date the statement is mailed, or (ii) the fifteenth day of the month in which the service being billed is rendered.

(d) A franchisee's billing statement shall notify subscribers that they can remit payment in person at the franchisee's office in the city and shall state the address of that office.

(e) Subscribers shall not be charged a late fee or otherwise penalized for any failure by a franchisee, including a failure to timely or correctly bill the subscriber or to properly credit the subscriber for a payment timely made.

(f) The account of any subscriber shall be credited a prorated share of the monthly charge if the subscriber is without service or service is substantially impaired for any reason for a period exceeding four hours during any 24-hour period, except where the franchisee can show that the service outage or impairment was caused by the subscriber or was part of a planned outage that occurred between the hours of 12:00 a.m. and 6:00 a.m.

(g) A franchisee shall respond to all written billing complaints from a subscriber within 30 days of its receipt of the complaint.

(h) Refund checks to subscribers shall be issued no later than (i) the earlier of the subscriber's next regular billing date or 30 days following resolution of the refund request, or (ii) where service has been terminated, the date on which all equipment has been returned to the franchisee.

(i) Credits for service shall be issued no later than the subscriber's next regular billing date after the determination that a credit is warranted.

Sec. 9-3-177 Disconnection / downgrades.
(b) A franchisee shall promptly disconnect from its cable system, or downgrade the level of service of, any subscriber who so requests. No period of notice prior to voluntary termination

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or downgrade of service may be required of subscribers by a franchisee. No charge may be imposed for any voluntary disconnection, and downgrade charges must comply with the requirements of federal law. So long as the subscriber returns equipment necessary to receive a service within five business days of the disconnection, no charge may be imposed by a franchisee for any cable service delivered after the date of the disconnect request.

(c) A subscriber may be asked, but not required, to disconnect a franchisee's equipment and return it to the franchisee's business office.

(d) Any security deposit and other funds due a subscriber shall be refunded on disconnected accounts after the converter has been recovered by the franchisee. Any refund to which a subscriber who has requested service disconnection is due shall be received by the subscriber no more than 30 days following the date on which the franchisee received the disconnection request.

(e) If any subscriber fails to pay a monthly subscriber or other fee or charge, a franchisee may disconnect the subscriber's service outlet; provided, that no such disconnection shall be effected until after 45 days from the due date of the monthly subscriber fee or other charge, and after 10 days from the subscriber's receipt of written notice of the franchisee's intent to disconnect following expiration of such 45-day period. If the subscriber pays all amounts due, including late charges and any special charges of which the subscriber has been notified, before the date scheduled for disconnection, the franchisee shall not disconnect service. After disconnection, upon payment by the subscriber in full of all due fees or charges, including any reconnection charge, the franchisee shall promptly reinstate service.

(f) A franchisee may immediately disconnect a subscriber if the subscriber is damaging or destroying the franchisee's cable system or equipment. After disconnection, the franchisee shall restore service after the subscriber provides adequate assurance that the subscriber has ceased the practices that led to disconnection, and after the subscriber has paid all proper fees and charges, including any reconnect fees and any amounts owed the franchisee for damage to its cable system or equipment.

(g) A franchisee may disconnect a subscriber who causes signal leakage in excess of federal limits. It may do so after five days written notice to the subscriber, if the subscriber fails to take steps to correct the problem. It may also do so without notice, provided that, immediately after the disconnection, the franchisee notifies the subscriber of the problem and, once the problem is corrected, reconnects the subscriber without charge.

(h) Except as federal law may otherwise provide, a franchisee shall remove its property from a subscriber's premises within 30 days of the termination of service, whether the termination is voluntarily or involuntarily. If a franchisee fails to remove its property in that period, the property shall be deemed abandoned.

Sec. 9-3-178 Changes in service.

In the event a franchisee decides to alter the service (e.g., by retiering or restructuring service) that it provides to a class of subscribers, it shall provide each subscriber a 60 days advance notice that explains the substance and full effect of the alteration and provides to the subscriber the right within the sixty-day period to select any combination of services offered by the franchisee. Except as federal law otherwise provides, a subscriber may not be required to pay any charge (other than the

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regular service fee), including an upgrade or downgrade charge, in order to receive the services selected; provided, that the franchisee may impose its regular installation charge if installation work is required by a subscriber's selection of services. No charge may be made for any service or product that a subscriber has not affirmatively selected. A subscriber's payment of the regular monthly bill shall not in and of itself constitute an affirmative selection of a service or product.

Sec. 9-3-179 Deposits.

A franchisee may require a reasonable, non-discriminatory deposit on equipment that is provided to subscribers.

Sec. 9-3-180 Parental control option.

A franchisee shall provide control devices to any subscriber who wishes to be able to block the video or audio portion of any, or any channels of, cable service programming entering the subscriber's home. This control option shall be provided at no charge, except as federal law may otherwise provide.

Sec. 9-3-181 Exclusive contracts and anti-competitive acts prohibited.

(a) Except as otherwise provided by federal law or a franchise agreement, a franchisee shall not enter into an exclusive contract for the provision of cable service with any person, or demand the exclusive right to serve a person or location as a condition of extending service.

(b) A franchisee shall not engage in acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service in the city, except for such actions as are expressly authorized by federal or state law.
ARTICLE L
Rate Regulation

Sec. 9-3-201 Scope and applicability.

(a) This article governs the regulation of rates and charges for basic cable service and equipment within the city for any franchisee which has been notified that (i) the city has been certified by the FCC to regulate its basic cable service and equipment rates and charges, and (ii) the city has adopted regulations governing the regulation of basic cable service and equipment rates and charges. The provisions set forth in this article are intended to be consistent with all regulations of the FCC governing the regulation of basic cable service rates and equipment charges, and the city will regulate and interpret the provisions of this article so that they are consistent with such regulations, as if the regulations were set forth herein. A franchisee is prohibited from engaging in any activity which it is prohibited from engaging in under the regulations of the FCC.

(b) For purposes of this article, the term "equipment" means all equipment and services subject to regulation under 47 C.F.R. § 76.923.

Sec. 9-3-202 Local regulatory framework.

(a) The city shall regulate all rates and charges for cable service imposed on subscribers by a franchisee, except to the extent the city is prohibited from doing so by law, and no such rate or charge may be imposed or increased without the prior approval of the city except such rates and charges that the city is prohibited from regulating. Subject to the foregoing, the imposition of any

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rate or charge for cable service, or the increase in any such rate or charge, without the prior approval of the city shall be illegal. A franchisee is prohibited from requesting or requiring a subscriber to pay an illegal rate or charge as a condition of providing cable service.

(b) All rates and charges that are subject to regulation by the city must be reasonable. The city may, by ordinance or by regulation proposed by the city manager and approved by council, adopt such rules, procedures and standards as it deems necessary to implement rate regulation.

(c) By its acceptance of a franchise, a franchisee agrees that no costs associated with franchise obligations that are in effect on the date the franchisee is notified that it is subject to rate regulation may be passed through to subscribers in any form.

(d) In addition to any filing fees imposed for rate filings by this chapter, a franchisee shall pay the reasonable out-of-pocket costs incurred by the city in conducting rate regulation for the franchisee, including but not limited to consultants' fees and costs. By its acceptance of a franchise under this chapter, a franchisee agrees that such filing fees and consultants' fees and costs are not franchise fees, but fall within one of the exceptions in the Cable Act, 47 U.S.C. § 542 (g) (2) .

Sec. 9-3-203 Schedule of rates, rules and regulations.

A franchisee shall prepare and file with the administrator a schedule of rates and charges for all services offered to the subscribing public under its franchise. The schedule shall state the cost of each offered service or combination of offered services, together with all rules and requirements affecting the installation, maintenance and provision of service or which otherwise affect the quality or cost of service to a subscriber. The schedule shall be printed and filed in the form and manner specified by the administrator and within the time periods set out in section 9-3-207. The schedule shall be made available for public inspection during normal business hours, in an accessible and convenient place in the offices of the franchisee. Copies of the schedule shall be provided to subscribers in accordance with section 9-3-204.

Sec. 9-3-204 Notice to subscribers.

(a) A franchisee shall provide each subscriber, at the time cable service is installed and at least once a year thereafter, written instructions for placing a service call, filing a complaint or requesting a billing adjustment. As part of the notice provided at installation, a franchisee shall provide the telephone number of the city officer responsible for receiving customer complaints, a schedule of rates and charges for cable service and equipment, a statement of channel positions, a description of programming services, a copy of the service contract between franchisee and the subscriber, a description of delinquent subscriber disconnect and reconnect procedures, and a description of other franchisee policies and procedures that may affect its subscribers. Copies of the installation and the annual notices shall be provided to the administrator.

(b) A franchisee shall maintain a file containing a copy of each notice provided to subscribers under this section. This file shall be available for inspection upon the request of the administrator.




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Sec. 9-3-205 Departure from schedules prohibited.

No rate or charge shall be made or billed to a subscriber, nor shall any service be provided, by or on behalf of a franchisee unless the franchisee has prepared and filed the schedule as required by section 9-3-203. Except under circumstances as may be specified in its schedule, a franchisee shall not impose, collect or receive any rates or charges other than those specified in its schedule. Nor shall a franchisee refund or remit, in any manner or by any device, any portion of compensation received from a subscriber or confer any special privilege or concession upon a subscriber, except as may be specified in its schedule.

Sec. 9-3-206 Discrimination and preferences prohibited.

A franchisee shall not, by a special rate schedule, rebate, concession or any other device or practice, impose upon or collect from any subscriber, directly or indirectly, rates or charges that differ from the rates and charges that the franchisee imposes upon and collects from other subscribers for a like and contemporaneous service under substantially similar circumstances or conditions; provided, that this section shall not be construed to prohibit the establishment of special rates or charges for subscribers who are 65 years of age or older or are handicapped persons, or the establishment of other special rates or charges that are permitted by law.

Sec. 9-3-207 Establishment of rates, charges and rules.

(a) A franchisee's initial schedule of rates, charges and other matters, required by section 9-3-203, shall be filed with the administrator within 60 days of the commencement of service by the franchisee. If a franchisee is providing services on the effective date of this section, it shall file the required schedule with the administrator within 30 days after the effective date of this section.

(b) No change shall be made in the rates, charges and other matters set out in a schedule required by section 9-3-203 and filed with the administrator, except upon not less than 60 days notice to the administrator and each subscriber; provided, that the administrator may, by general regulation or in particular instances, permit changes to be made on lesser notice to correct errors, to provide special or new service, or to address special emergency conditions. Notice of a proposed change in the rates, charges or other matters set out in a schedule shall consist of a statement which shall describes each matter as to which a change is proposed, the manner in which the current schedule treats the matter, the change that is proposed and the reason for the proposed change.

(c) Any proposed change in a schedule of rates, charges and other matters filed with the administrator shall be examined by the administrator for compliance with the requirements of the franchise, this chapter, applicable federal law and FCC regulations, and any specifications established by the administrator governing form. The administrator shall inform the franchisee filing the proposed change, no later than 20 days prior to the effective date of the proposed change, that it is or is not in compliance with such requirements. If found to be not in compliance, the proposed change in the schedule of rates, charges and other matters shall be rejected and returned to the franchisee with a statement of the reasons for the rejection, and thereafter any action implementing the proposed change shall be unlawful, null and void. Any such rejection may be appealed to city council pursuant to section 9-3-215.



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(1) If a franchisee is notified by the city that its basic service and equipment rates and charges are subject to regulation, it shall file a submission ("rate filing") within 30 days of the notification, justifying its then-existing basic service and equipment rates and charges. All such rates and charges, for all customer classifications, shall be justified. Once a franchisee has been notified by the city that its basic service and equipment rates and charges are subject to regulation, it may not thereafter increase any such rates or charges without the prior approval of the city. This prohibition applies in all cases, including rate and charge increases announced but not implemented prior to the date of the city notice informing the franchisee that its rates and charges are subject to regulation. In addition to its initial rate filing, franchisee shall file a rate filing for any increase in basic service or equipment rates and charges, and for any new basic service or equipment rate or charge (collectively, a "rate increase"). An "increase" occurs when there is an increase in rates or charges, or a decrease in program or customer services without a corresponding decrease in rates or charges. Rate filings proposing a rate or charge increase shall be filed at least 30 days in advance of the proposed effective date of the increase. This requirement does not alter or eliminate any other notice requirement.

(2) Every rate filing shall be filed with the city's office of citizen assistance, and shall be considered filed on the date that the original and three copies of the filing (including all supporting materials) are received by that office. Information that the franchisee claims is proprietary under section 9-3-213 must be clearly identified and segregated from the remainder of the filing so that the city may determine the manner in which it was used by the franchisee in setting rates.

(3) Subject to any FCC rules governing the burden of proof, a rate filing submitted by a franchisee shall demonstrate that the rates and charges being proposed for basic service and equipment are reasonable. Except as inconsistent with FCC rules:

(i) The rate filing shall state in a cover letter whether it addresses the existing rates and charges of the franchisee or a proposed increase in the franchisee's rates and charges, and shall contain a brief, narrative description of the existing or the proposed increase in rates and charges. The letter shall also identify any rate that is based, in whole or in part, upon cost of service, and identify any pages of the rate filing that contain information that the franchisee claims is proprietary. If the filing proposes an increase in rates or charges, the cover letter shall also state whether any part of the proposed increase is based on an inflation adjustment or an increase in external costs.

(ii) The pages of the rate filing shall be numbered sequentially.

(iii) The rate filing shall contain all applicable FCC forms which shall be correctly completed.

(iv) If the rate filing proposes, for different classes of customers, different rates or charges for basic service, it shall demonstrate that the classifications of customers and the differences in rates or charges are reasonable and consistent with federal law.




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(i) If a franchisee seeks to support a rate or charge based upon the cost of providing cable service, the city will establish a rate that provides the franchisee an opportunity to recover the reasonable costs associated with providing basic cable service, including a reasonable profit. An expense or investment shall not be presumed to be reasonable merely because the franchisee has incurred or made it.

(ii) If a franchisee seeks to justify all or any part of its rates or charges based upon the cost of providing cable service, then, in addition to information the city requires the franchisee to provide, and unless the city grants a waiver of this provision, the franchisee shall also submit a complete cost of service analysis that shows all expenses it incurs and all revenues derived from its cable system, directly or indirectly, by the franchisee or any person that constitutes a cable operator of the system within the meaning of the Cable Act, 47 U.S.C. § 522(5). This cost of service analysis shall identify the accounting level (as that term is used in the FCC regulations) at which each expense or revenue identified was aggregated, and shall show how the expense or revenue was allocated. The franchisee may not include costs at an accounting level unless it also includes the revenues from that same level that are attributable to the system or to a group of systems of which the system serving the city is a part. The cost of service analysis shall also identify the replacement cost of a comparable cable system and contain a justification for the identified figure. Further, the analysis shall identify the name and address of any person with which the franchisee has a contract, other than a programmer, and which derives revenues from the system, and shall state whether and how the revenues and costs of that person are included in the analysis. In addition, the analysis shall show the rate that is being proposed by the franchisee for each channel on the system and, for each such rate, the derivation of the rate and the application of the rate to yield a basic service rate. The analysis shall also show, for each of the items listed below, the manner in which the item was used in the derivation of the basic service rate:

(C) programming expenses (identifying retransmission consent costs and copyright fees separately);

(D) costs for public, educational and governmental access channel programming;

(F) investment in the system and associated depreciation;

(G) other expenses, including federal, state and local taxes, itemized; and

(H) the proposed return on equity and the actual interest expense paid by the franchisee.

(iii) Notwithstanding the foregoing, a franchisee seeking to base its rates and charges upon the cost of providing cable service is not required to submit the cost of service analysis described in subsubsubsection (ii) of this section for equipment rates, and instead may complete, submit and support the costs of equipment using applicable FCC forms and



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presenting any other information the city deems necessary or appropriate, consistent with FCC regulations. The cost of service analysis submitted to justify basic service rates must show that it does not include equipment costs.

(1) After receiving a rate filing, the office of citizen assistance shall publish a notice in a newspaper having general circulation in the city that the filing has been received and that, except for those parts which may be withheld as proprietary, it is available for public review. The notice shall state that interested parties may comment on the filing, and shall provide such parties at least ten calendar days from the date of the notice to submit written comments on the filing to the office. The office shall submit any comments it has received, along with the city manager's recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least ten calendar days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than four calendar days before the date scheduled for consideration of the filing by council. The response shall be filed with the office of citizen assistance and, if submitted in a timely fashion, shall be forwarded to the council.

(2) After conducting a public hearing on the filing and within 30 days of the date of the rate filing, the city council shall issue a written order, which may be in any lawful form, approving the rates and charges proposed in the filing in whole or in part, denying the rates and charges in whole or in part, or tolling the rates and charges in whole or part. If the council takes the latter action, its order shall explain that it requires additional time to review the rate filing, shall identify any deficiencies in the franchisee's filing then known to the council, and shall state that the franchisee may cure the deficiencies by submitting a supplemental filing as provided in subsection (c) of this section. With respect to a filing that addresses franchisee's existing rates and charges, tolling means that the rates and charges may remain in effect, subject to refund. With respect to a filing that proposes an increase in rates and charges, tolling means that the increase, or the portion thereof, that is tolled may not go into effect. If the council issues an order allowing the rates to go into effect subject to refund, the franchisee shall thereafter maintain an accounting in accordance with 47 C.F.R. § 76.933.

(c) Supplemental filing.

(1) If the city council tolls a rate filing in whole or in part, the franchisee shall file a supplemental filing within 20 days from the date the tolling order issues, containing corrections, if any, to its filing (including any required supplement to its cost of service analysis) and containing, at the option of the franchisee, a response to information and comments presented by interested parties or to the recommendations of the office of citizen assistance, or any additional information necessary to support the filing. A supplemental filing shall be filed in accordance with section 9-3-208(a)(2).

(2) A supplemental filing shall also contain such information, reasonably related to the issues addressed by the filing, as the city directs the franchisee to provide.




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(3) In addition to information the city requires the franchisee to provide, unless the city grants a waiver of this provision, and except to the extent inconsistent with FCC rules, a franchisee seeking approval of a rate based, in whole or in part, upon the adjustments for inflation and external costs contemplated by 47 C.F.R. § 76.922(d)(1)-(2) shall submit, as part of its supplemental filing, the following:

(i) as to the adjustment for inflation, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(ii) as to the adjustment for external costs, a statement relating it to the rates and charges for which the franchisee is seeking approval, and a calculation showing how the adjustment was made;

(iii) as to each external cost (as defined by FCC rules) for which the franchisee seeks an adjustment, a statement describing the make-up of the cost, and the amount of the cost for the two calendar years prior to the year in which the supplemental filing is made and for the portion of such year prior to the date of the filing, and the projected amount of the cost for the remainder of such year and for the following calendar year;

(iv) if the filing seeks approval of rates and charges based, at least in part, upon one or more increases in programming service costs, the contract for each programming service whose cost has increased, a sworn statement identifying each programming service whose costs increased where the programmer is an affiliate of the franchisee (as defined by FCC regulations), the contract for each programming service whose cost has decreased over the two calendar years prior to the year in which the supplemental filing is made, and, for any contract for programming services that has been in effect less than 12 months, the prior contract for the services; and

(v) a sworn statement by the franchisee's chief financial officer or an independent, certified accountant that:

(A) states that the individual has examined all of the franchisee's external costs (including all programming costs) for the two years immediately prior to the supplemental filing and has offset against the claimed increase in those costs both the amount of any decreases in external costs incurred during such period and the amount by which the increase in external costs (net of such decreases) was below the Gross National Produce Fixed Weight Price Index (GNP-PI), as required by 47 C.F.R. § 76.922(d)(2);

(B) affirms that the franchisee is only seeking to recover external costs to the extent that such costs exceed the GNP-PI; and

(C) affirms that the franchisee has not attempted to recover any increase in the cost of programming purchased by an affiliate, except as authorized in 47 C.F.R. § 76.922 (d) (2) (vi) .

(4) Upon receipt of a supplemental filing, the office of citizen assistance shall promptly publish a notice in a newspaper with general circulation in the city that the filing has been received and that it is available for public review, except those parts which may be withheld as proprietary. The notice shall state that interested parties may comment on the filing, and shall provide interested parties twenty days to submit written comments on the filing to the office. The office shall submit

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the comments it receives, along with its recommendations on the filing to the city council, and shall provide a copy of those comments and recommendations to the franchisee at least twenty business days before the consideration of the filing by council. The franchisee may submit a response to the comments and recommendations no later than ten business days before the date scheduled for the council consideration of the filing. The response shall be filed with the office of citizen assistance and, if timely, shall be forwarded to the council.

(5) After conducting a public hearing on the supplemental filing, the city council shall, within the periods identified in subsubsection (6), issue a written order, which may be in any lawful form, approving the proposed rate in whole or in part, or denying the proposed rate in whole or in part.

(6) The order specified in subsubsection (5) shall be issued within 90 days after the tolling order for any rate the franchisee justifies based on the benchmark rates set out in the FCC regulations. The order shall be issued within 150 days of the tolling order for any rate the franchisee justifies on the basis of a cost of service analysis.

Sec. 9-3-209 Provisions generally applicable to rate orders.

(a) Any rate order of the city council shall be effective upon the date and upon such terms and conditions as specified by the council. A rate order shall be released to the public and the franchisee. In any case where the council approves, denies or tolls a rate or charge, orders that a rate or charge may go into effect subject to refund, orders refunds or establishes a rate or charge, a public notice shall be published in a newspaper with general circulation in the city stating that the order has been issued and is available for review in the office of citizen assistance. Any such order shall be in writing, and explain the basis for the city's decision.

(b) Except as prohibited by federal law, the city council may, as part of a rate order, impose terms and conditions on a franchisee that, it concludes, reasonably advance the public interest. Any order establishing rates or charges other than those proposed by the franchisee shall explain why the franchisee's proposed rates or charges were unreasonable and why the rates and charges established by the order are reasonable. In no event may an order establishing rates or charges other than those proposed by the franchisee or requiring a franchisee to make refunds to subscribers be issued by the city council unless and until the franchisee has been given notice of, and an opportunity to comment upon, the order.

Sec. 9-3-210 Obligations of franchisee.

(a) A franchisee shall implement remedial requirements, including refunds and prospective rate reductions, within 60 days of the date on which the city council issues the order imposing the requirements.

(b) Within 90 days of the date on which an order mandating a remedy is issued, a franchisee must file a certification, signed by an authorized representative, stating:

(1) whether the franchisee has complied with all provisions of the council order;

(2) describing the measures taken to implement the council order; and

(3) showing how any refunds (including interest thereon) were calculated and distributed.


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(c) It is the franchisee's obligation to maintain books and records of account so that it can make proper refunds.

(d) It is the franchisee's obligation to submit as complete a rate filing as possible.

(1) A franchisee and any other person having records showing revenues or expenses that are allocated to the franchisee's cable system in the city shall respond to requests for information from the administrator within reasonable deadlines established by the administrator. A franchisee is responsible for ensuring that such other entity responds to the city's requests.

(2) Because federal law limits the time available to the city to provide an initial response to a rate filing, a franchisee shall be prepared to respond to a request for information from the administrator, made prior to the issuance of an order under section 9-3-208(b), within five days of the date it receives the request; provided, that a franchisee may decline to respond to such a request if it consents to the issuance of a tolling order by the council, pursuant to section 9-3-208(b), and to providing the requested information as part of its supplemental filing pursuant to section 9-3-208(c). Information requests made under this section may include a request for information that the franchisee would be required to provide as part of a supplemental filing.

Sec. 9-3-211 Duties of the office of citizen assistance and administrator.

(a) The office of citizen assistance and the administrator shall be responsible for administering the provisions of this article, as provided below. Without limitation and by way of illustration, and except as inconsistent with FCC regulations:

(1) The office shall ensure that notices are given to the public and the franchisee as required by this article and by FCC regulations.

(2) The administrator may submit requests for information to a franchisee and establish deadlines for the franchisee's response to them.

(3) For good cause, the administrator may extend any filing or response deadline except as to matters that are mandatory under FCC regulations.

(4) The administrator shall rule on any request for confidentiality.

(5) The office shall prepare the recommendations to the city council under section 9-3-208. If the office recommends that a proposed increase in rates and charges be denied in whole or in part, it shall:

(i) recommend other rates and charges, which may be the franchisee's existing rates and charges, and explain the basis for its recommendation;

(ii) determine whether the franchisee shall make refunds and, if so, recommend an amount of refunds and explain the basis for its determination and recommendation; and

(iii) notify the franchisee of its recommendations and determinations at the time they are submitted to the council.

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Sec. 9-3-212 Penalties and forfeitures.

Except as prohibited by federal law, a request by a franchisee for approval of rates and charges may be denied, if the franchisee:

(a) knowingly submits false or fraudulent information to the city in connection with any request; or

(b) fails to comply with any lawful order or request of the city, including, but not limited to, a request for information and an order setting rates.

Sec. 9-3-213 Proprietary information.

(a) If any provision of this article, or if any request for information properly made pursuant to this article, requires a franchisee to produce for the city what the franchisee considers to be proprietary information, the franchisee shall produce the information. However, at the time such information is produced, the franchisee may request that all or specific, identified portions of the information be treated as confidential and withheld from public disclosure. Such a request shall state the reasons why the identified information should be treated as proprietary and the facts that support those reasons. Requests for the confidential treatment of proprietary information will be reviewed by the administrator based upon FCC regulations and state and local law, as applicable. Any determination by the administrator that information is proprietary and is to be withheld from public disclosure shall be made in writing, and such information shall be placed in a file for inspection by the public. If a franchisee's request for the confidential treatment of proprietary information is denied, the franchisee may seek review of the denial by filing a request for review with the city attorney within five working days of the denial, in which case disclosure of the alleged proprietary material shall be stayed pending review. Notwithstanding any provision of this section to the contrary, where a franchisee which is proposing an increase in its rates or charges has submitted what it considers to be proprietary information and has requested the confidential treatment of that information, the city shall, upon the franchisee's withdrawal of its rate filing, immediately return the information.

(b) Information that a franchisee claims is proprietary must be clearly identified. If it is part of a larger submission, such as a rate filing, the proprietary information must be segregated from the remainder of the submission. It must also be clearly marked so that the city may determine where the proprietary information belongs within the submission and how it relates to the remainder of the submission.

(c) Any interested person may file with the administrator a request to inspect material that is being withheld as proprietary. In determining such requests, the administrator shall weigh the considerations favoring non-disclosure against the reasons given for permitting inspection in light of the facts of the particular case. The administrator may grant, deny or conditionally grant a request. The administrator shall promptly notify the requesting person and the franchisee as to the disposition of the request. The party aggrieved by such disposition may seek review of the disposition by filing a request for review with the city attorney. Disclosure will be stayed pending review. Notwithstanding any provision of this subsection to the contrary, the administrator shall deny any request to inspect proprietary material whenever such inspection is prohibited by federal or state law.



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Sec. 9-3-214 Petition for changein effective competition status.

A franchisee may petition for a change in effective competition status, and the city shall consider that petition, in accordance with 47 C.F.R. § 76.915. The petition and three copies shall be filed with the office of citizen assistance.

Sec. 9-3-215 Regulation of rates; complaints.

(a) Whenever, including following receipt of a complaint from any subscriber or other person or receipt of an inquiry from the city council, the administrator has reason to believe that any provision of this article or any term, condition or provision of a franchise or franchise agreement pertaining to rates and charges that are subject to this article, has been, is being or will be violated, the administrator shall promptly undertake to investigate the matter. Notice of the investigation shall be given to the franchisee, and the administrator shall undertake to mediate or otherwise adjust informally the matter raised in the complaint or inquiry. If the matter cannot be adjusted informally, the administrator shall, upon notice to the franchisee and the complainant or the city council, as the case may be, set the matter for public hearing in accordance with the provisions of subsection (b).

(b) In any public hearing under this section, the hearing officer shall be the administrator, unless the council designates otherwise. The hearing officer shall provide the franchisee and the complaining party or city council, whichever is applicable, with written notice of the date, time and place of the hearing by first-class mail at least 10 days in advance of the hearing. The hearing officer shall conduct the hearing in such a manner as will expeditiously and accurately ascertain the facts at issue. As far as reasonably possible, the hearing shall be informal and free from technical rules of evidence. The franchisee and complainant shall have the right to be represented by counsel at the hearing, to present evidence and testimony, and to cross-examine witnesses. The hearing officer shall receive and consider such evidence and testimony at the hearing as is deemed relevant. The franchisee shall furnish all books, papers or other records requested for review and consideration by the hearing officer, and shall make employees or agents available for testimony at the hearing. A taped or stenographic record of the proceeding shall be made.

(c) Not more than 60 days following the hearing, the hearing officer shall issue a written decision which shall be final and binding unless appealed. Within 20 days of the date that the written decision is issued, the franchisee, the complainant or any subscriber to the franchisee's system who is aggrieved by the decision may appeal it to the city council. The decision may be appealed by filing with the city clerk a petition which describes the hearing officer's decision, sets forth the reasons why the decision is erroneous, and requests the council to review the decision. If an appeal is taken, the decision of the hearing officer shall be stayed until the council issues a decision on the appeal.

(d) The administrator shall give public notice of the hearing officer's written decision, and the text of the decision shall be made available to the public.







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ARTICLE M
Franchise Fee
Sec. 9-3-231 Finding.
The city council finds that public rights-of-way of the city to be used by a franchisee for the operation of a cable system are valuable public properties that have been acquired and maintained by the city, and in some cases the commonwealth of Virginia, at substantial expense to the taxpayers. The city council further finds that the grant of a franchise to use public rights-of-way for a cable system is a valuable property right without which a franchisee would be required to invest substantial capital.

Sec. 9-3-232 Payment to city.

As compensation for use of the public rights-of-way, a franchisee shall pay the city a franchise fee in an amount no less than three percent (3%) of its gross revenues. Every franchise agreement shall specify the actual percentage of the franchisee's gross revenues that the franchisee is initially required to pay as a franchise fee. If the percentage of gross revenues that is specified in a franchise agreement is the maximum which, at the time the agreement is executed, federal and state law authorizes the city to assess as a franchise fee, and if federal or state law is subsequently amended to increase that maximum percentage, then the franchise fee, as a percentage of gross revenues of the franchisee subject to the agreement, shall automatically increase to such larger maximum percentage, effective upon the effective date of the amended federal or state law, unless the city expressly declines to apply the larger percentage.

Sec. 9-3-233 Not a tax or in lieu of any other tax or fee.

(a) Payment of the franchise fee shall not be considered a tax or a payment in the nature of a tax.

(b) The franchise fee is in addition to all other taxes and payments that a franchisee may be required to pay under any federal, state or local law, and to any other tax, fee or assessment imposed by utilities or cable operators for use of their services, facilities or equipment, including any applicable amusement taxes, except to the extent that such fees, taxes or assessments are required to be treated as a franchise fee under the Cable Act, 47 U.S.C. § 54.

Sec. 9-3-234 Payments.

(a) Unless otherwise provided in a franchise agreement, the franchise fee and any other costs assessed by the city against a franchisee shall be paid monthly to the city and shall commence as of the effective date of a franchise. The city shall be furnished at the time of each payment with a statement, certified by the franchisee's chief financial officer or an independent certified public accountant, stating that the figure which is reported by the franchisee as its gross revenues for the payment period, and upon which the franchisee fee payment has been based, is a correct representation of the franchisee's gross revenues for the period. Unless otherwise provided in a franchise agreement franchise fee payments shall be made to the city no later than 30 days following the end of applicable payment period. Within 90 days of the end of any fiscal year, a franchisee shall file with the administrator an audited financial statement, certified by an independent public accountant, for the just concluded fiscal year, which shall include a statement of the franchisee's gross revenues for the year.

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(b) In the event any franchise fee payment is not made on or before its due date as specified in this section, the franchisee shall pay a penalty in the amount of 10 percent of the payment and, in addition, interest charges computed from the payment's due date until the payment is made, using an annual rate of interest equal to the average commercial prime rate of interest of the city's primary depository bank during the period the payment is unpaid.

Sec. 9-3-235 No accord or satisfaction.

The acceptance of any payment by the city shall not be construed as a release or an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee under this article, or as the penalty and interest due on an unpaid franchisee fee payment, or for the performance of any other obligation of a franchisee.

Sec. 9-3-236 Audit and related records.

(a) The city shall have the right to inspect and copy records related to a franchisee's gross revenues that are in the possession or under the control of the franchisee, an affiliate or any other person that collects or receives funds related to the franchisee's operation in the city. The franchisee shall be responsible for providing such records to the city, without regard to the person possessing them. A franchisee shall ensure that the records which are subject to the city's right of inspection and copying under this section are maintained for at least five years.

(b) The city shall have the right to audit a franchisee's fiscal and financial records, and to recompute any amounts that are payable under this article by the franchisee. The expenses for such an audit shall be borne by the city unless the audit discloses an underpayment by a franchisee, in which case the costs of the audit shall be borne by the franchisee as a cost incidental to the enforcement of its franchise. Any additional amounts due to the city as a result of the audit shall be paid, together with a penalty of 10 percent of such amounts and interest calculated in accordance with section 9-3-234, within 30 days following written notice to the franchisee by the city of the underpayment, which notice shall include a copy of the audit report.

(c) A franchisee shall maintain its fiscal and financial records, and ensure that all relevant fiscal and financial records are maintained by others on its behalf, in such a manner as to enable the city to determine the cost of assets of the franchisee which are used in providing services within the city and to determine the franchisee's gross revenues.
ARTICLE N
Insurance; Indemnification; Performance Guarantees

A franchisee shall maintain and, by its acceptance of a franchise, shall have agreed that it will maintain, throughout the term of the franchise, at least the following liability insurance coverages insuring both the city and the franchisee: worker's compensation and employer liability insurance to meet all requirements of Virginia law; comprehensive general liability insurance with respect to the construction, operation and maintenance of the cable system and the conduct of the franchisee's




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business in the city; and commercial automobile liability insurance covering all motor vehicles owed or leased by franchisee and any other vehicles while driven by franchisee's employees, in the minimum amounts of:

(a) $2,500,000 for property damage resulting from any one occurrence;

(b) $5,000,000 for personal bodily injury or death resulting from any one occurrence; and The city may review these policy limits no more than once a year and may require reasonable adjustments to them. In the event that the franchisee objects to an increase in a policy limit and the parties are unable to agree on a mutually acceptable amount, the dispute shall be resolved by arbitration in accordance with the procedures of the American Arbitration Association.

Sec. 9-3-252 Qualifications of sureties.

All insurance policies shall be with sureties qualified to do business in the commonwealth of Virginia, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and shall be in a form approved by the city.

Sec. 9-3-253 Policies available for review.

All insurance policies maintained by a franchisee shall be available for review by the city, and, for each policy, a certificate of insurance shall be filed with the administrator.

Sec. 9-3-254 Additional insureds; prior notice of policy cancellation.

All general liability and automobile liability insurance policies shall name the city, its officers, boards, commissions, commissioners, agents and employees as additional named insureds, and shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the administrator. A franchisee shall not cancel any insurance policy required by this article without obtaining alternative insurance that has been approved by the city.

Sec. 9-3-255 Failure constitutes material violation.

Failure to comply with the insurance requirements set forth in this article shall constitute a material violation of a franchise.

Sec. 9-3-256 Indemnification.

(a) A franchisee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the city, and its officers, employees and agent from and against any and all losses and any and all claims, suits, actions, liability and judgments for damages or other relief, or otherwise subject to the Cable Act, 47 U.S.C. 558, arising out of the installation, construction, operation or maintenance of the franchisee's cable system, including but not limited to any claim for bodily injury, for property damage, for the violation of civil rights, for the invasion of the right of privacy, for defamation of any person, for the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or for the violation of any other right of any person. This indemnity requirement does not
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apply to programming carried on any channel set aside for public, educational or government use, or any channel leased pursuant to 47 U.S.C. § 532, unless the franchisee was engaged in determining the editorial content of the program, or had a policy of prescreening programming for the purported purpose of banning indecent or obscene programming.

(b) The indemnity obligation of a franchisee under this section shall include, but is not limited to, providing legal representation and otherwise defending the city and city offices, employees and agents against any claim, suit, or action referenced in subsection (a).

(c) The city shall provide a franchisee with prompt notice of any loss, claim, suit or action referenced in subsection (a).

Sec. 9-3-257 No Limit of liability.

Neither the provisions of this article nor any damages recovered or indemnification received by the city shall be construed to limit the liability of a franchisee for damages under any franchise issued pursuant to this chapter.

Sec. 9-3-258 No recourse.

Without limiting such immunities as it may have under applicable law, the city shall not be liable to a franchisee for any loss or damages that the franchisee may suffer as the result of the city's exercise of its authority pursuant to this chapter, a franchise agreement or other applicable law.

Sec. 9-3-259 Security fund.

(a) Prior to a franchise becoming effective, the franchisee shall post with the city a cash security deposit to be used as a security fund to ensure the franchisee's faithful performance of and compliance with all provisions of this chapter, the franchise agreement and other applicable law, and all orders, permits and directions of the city, including the franchisee's payment of any claims, liens, fees, taxes or other payments due the city under this chapter, the franchise agreement or other law. The amount of the security fund shall be equal to three percent of the franchisee's projected annual average gross revenues.

(b) In lieu of a cash security fund, a franchisee may file and maintain with the city an irrevocable letter of credit with an acceptable surety in the amount specified in the preceding paragraph to serve the same purposes as set forth therein. Said letter of credit shall remain in effect for the full term of the franchise plus an additional six (6) months thereafter. The franchisee and its surety shall be jointly and severally liable under the terms of the letter of credit for the franchisee's failure to ensure its faithful performance of and compliance with all provisions of this chapter, the franchise agreement and other applicable law, and all orders, permits and directions of the city, including the franchisee's payment of any claims, liens, fees, taxes or other payments due the city under this chapter, the franchise agreement or other law. The letter of credit shall provide for 30 days' written notice to the city prior to its cancellation, non-renewal or any material alteration of its terms. Neither the filing of a letter of credit with the city, nor the city's receipt of any payment thereunder, shall be construed to excuse the franchisee's faithful performance of and compliance with all provisions of this chapter, the franchise agreement and other applicable law, and all orders, permits and directions of the city, or to limit the liability of the franchisee for damages.
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(c) The rights of the city with respect to the security fund are in addition to all other rights of the city provided by this chapter, other law, a franchise and a franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund or letter of credit shall affect any such other rights of the city.

(d) The following procedures shall apply to drawing on the security fund and letter of credit: (i) If the franchisee fails to make timely payment to the city of any amount due under its franchise, a franchise agreement or applicable law, fails to make timely payment to the city of any taxes due, or fails to compensate the city within 10 days of written notification that such compensation is due for damages, costs or expenses that the city has incurred by reason of any act or omission of the franchisee in connection with its franchise or franchise agreement, or by reason of the city's enforcement of this chapter, the franchise or the franchise agreement, the city may withdraw the amount which it is due, with any interest and penalties that are payable, from the security fund or from monies available under the letter of credit.

(ii) Within three days of a withdrawal from the security fund or under the letter of credit, the city shall, by certified mail, return receipt requested, provide written notification of the amount, date and purpose of such withdrawal to the franchisee.

(iii) If, at the time of a withdrawal from the security fund and under the letter of credit by the city, the amounts available are insufficient to provide the total payment towards which the withdrawal is directed, the balance of such payment shall continue as the obligation of the franchisee to the city until it is paid.

(iv) No later than 30 days after providing the notice under subsubsection (ii), the franchisee shall deliver to the city, for deposit in the security fund, an amount equal to the amount so withdrawn and shall restore the letter of credit to its original amount. Failure to make timely delivery of such amount to the city or to restore the letter of credit shall constitute a material violation of the franchise.

(v) Upon termination of the franchise under conditions other than those providing for forfeiture of the security fund, the balance then remaining in the fund shall be withdrawn by the city and paid to the franchisee within 90 days of such termination, provided that there is then no outstanding default on the part of the franchisee.

Sec. 9-3-260 Performance bond.

(a) Prior to any cable system construction, upgrade or other cable-related work in the public rights of way, a franchisee shall establish in the city's favor a performance bond, in an amount specified in the franchise agreement or other authorization, to ensure the franchisee's faithful performance of the construction, upgrade or other work. Except as otherwise provided in a franchise agreement, the amount of any required performance bond shall be equal to 10 percent of the total cost of the work.

(b) In the event a franchisee subject to a performance bond fails to complete the construction, upgrade or other work secured by the bond in a safe, timely and competent manner in accord with the provisions of a franchise agreement, there shall be
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recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result of the franchisee's failure, including the full amount of any compensation, indemnification or cost of removing any property of the franchisee from the public rights-of-way, or the cost of completing or repairing the system construction, upgrade or other work in the public rights-of-way, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The city may also recover against the security fund any amount recoverable under the bond, in cases where the monies available under the bond are insufficient.

(c) Upon completion of a cable system's construction, upgrade or other work in the public rights-of-way and payment of all construction obligations of the franchisee, to the satisfaction of the city, the city shall eliminate the bond or reduce its amount after a reasonable time to determine whether the work performed was satisfactory, which time shall be established considering the nature of the work performed. The city may subsequently require a new bond or an increase in the bond amount for any subsequent construction, upgrade or other work in the public rights-of-way. In any event, unless otherwise provided in a franchise agreement, the total amount of the bond shall equal 10 percent of the cost of the work.

(d) The performance bond shall be issued by a surety, with an A-1 or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the administrator and shall contain the following endorsement:

Sec. 9-3-261 Failure constitutes material violation.

Failure to maintain the security fund, letter of credit and performance bond required by this article shall constitute a material violation of a franchise.

Sec. 9-3-262 Remedies.

In addition to any other remedies available at law or equity, the city may apply any one or a combination of the following remedies in the event a franchisee violates any provision of this chapter, its franchise agreement or applicable state or federal law:

(a) In the event of a material violation, the city may terminate the franchise or shorten its term pursuant to the procedures specified in this chapter.

(b) In the case of any violation, the city may impose penalties available under section 9-3-266 and other applicable state and local laws for violation of city ordinances.

(c) In addition to or in lieu of any other remedy, in the case of any violation, the city may seek legal or equitable relief from any court of competent jurisdiction.

(d) In the case of any violation, the city may utilize any remedy provided for in a franchise agreement.
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Sec. 9-3-263 Remedies cumulative.

All remedies under this chapter and a franchise agreement are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another; nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a franchisee of its obligations to comply with its franchise. Remedies may be used singly or in combination. In addition, the city may exercise any rights it has at law or equity.

Sec. 9-3-264 Relation to insurance and indemnity requirements.

Recovery by the city of any amounts under an insurance policy, a performance bond, a security fund or a letter of credit required by this chapter, or otherwise made available by a franchisee, shall not limit the franchisee's duty to indemnify the city for any additional amounts to which the city is due. Nor shall such recovery relieve a franchisee of its obligations under a franchise, limit amounts otherwise owed to the city, or prevent the city from exercising any other rights or remedies it may have.

Sec. 9-3-265 Cost of consultant.

When necessary to aid in the review or analysis of matters relating to rates and charges, technical standards, system construction or upgrades, market surveys or in the city's performance of other activities under this chapter, the city shall be entitled to employ the services of consultants to assist and supplement the administrator and the office of citizen assistance. Except as otherwise provided in a franchise agreement or as the city and a franchisee may agree, all reasonable consultant fees incurred by the city in this regard shall be paid by the franchisee, or the franchisees, for or with regard to which such work is undertaken by the city. By its acceptance of a franchise, a franchisee agrees that such costs are not franchise fees, but fall within one of the exceptions in the Cable Act, 47 U. S. C. § 542 (g) (2). The terms of this section shall not apply to any research by the city in connection with

Sec. 9-3-266 Penalties

For violation of provisions of this chapter or a franchise, penalties shall be payable from a franchisee's security fund as follows:

(a) For a failure to submit any plans relating to the construction, installation or upgrade of any part of a system: $100/day for each day the violation continues;

(b) For a failure to commence operations in accordance with the requirements of the franchise: $1,000/day for each day the violation continues;

(c) For a failure to substantially complete construction in accordance with the franchise: $1,000/day for each day the violation continues;

(d) For transferring a franchise without approval: $2,000/day for each day the violation continues;

(e) For a failure to comply with a requirement pertaining to the provision of public, educational and governmental access channels or to the use of the cable system by members of the public, by educational entities or by governmental agencies: $1,000/day for each day the violation continues;
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(f) For failure to comply with a requirement under this chapter or a franchise agreement pertaining to, or for failure to respond to a request of the city for, information, records or documents: $100/day for each day the violation continues;

(g) For a violation of any customer service standard: $200; and

(h) For any other violation for which actual damages may not be ascertainable: $1,000/day for each day the violation continues.
ARTICLE 0
Administrator
Sec. 9-3-281 Cable television administrator.
The position of cable television administrator, under the city manager, is hereby established. The administrator shall be appointed and may be removed by the manager. Whenever the administrator is authorized by this chapter to present a recommendation, report or other matter to the city council, such presentation shall be made through the city manager. The manager may designate any additional staff as needed to assist the administrator in the performance of the administrator's duties.

Sec. 9-3-282 Responsibilities of administrator.

The administrator shall be responsible for the day-to-day administration and enforcement of this chapter, of franchises granted pursuant to this chapter and of franchise agreements. The administrator's responsibilities shall include, but not be limited to, the following:

(a) to assist in the preparation of the invitation to bid for a franchise, to establish criteria for review and ranking of franchise bids, to review and screen bids for a franchise and to make recommendations to the city council;

(b) to monitor the timely performance of franchisees in making application for and obtaining all certificates, permits and agreements as required under this chapter or any franchise agreement;

(c) to monitor the performance of franchisees in meeting the construction timetable as provided for in this chapter or any franchise agreement;

(d) to advise and make recommendations to they city council on matters which may constitute grounds for revocation of a franchise in accordance with this chapter;

(e) to advise and make recommendations to the city council on the regulation of rates in accordance with this chapter;

(f) to cooperate with cable systems and government agencies in other jurisdictions and with other franchisees in the development of, and in the supervision of, the interconnection of systems;

(g) to review all franchise records, as required by this chapter, and all franchise reports filed with the FCC and, in the administrator's discretion, to require the preparation and filing by a franchisee of information in addition to that required in this chapter;
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(h) to monitor franchisees' performance under the terms of this chapter and any franchise agreement, and to make recommendations to the council to ensure such compliance;

(i) to promote, develop and coordinate the use of public access channels in conjunction with the Alexandria Cable Television Advisory Commission;

(j) to make an annual report to the council, which shall include an account of franchise fees received and distributed by the city, the total number of hours of utilization of various channels with hourly sub-totals for various programming categories, and a review of any plans submitted during the year by each franchisee for development of new services;

(k) to conduct, with franchisees, evaluations of the city's cable systems at least every three years, and to make recommendations to the city council regarding amendments to this chapter or to franchise agreements;

(l) to receive and investigate complaints against franchisees by any person or upon direction of the city council and, if warranted, to initiate enforcement action in connection with the complaint;

(m) to provide staff assistance and information to the Alexandria Cable Television Advisory Commission; and

(n) to assist the city council in the regulation of rates.

Sec. 9-3-283 Expenditures.

The administrator may make expenditures to carry out the duties assigned in this chapter, subject to the availability of funds.
ARTICLE P
Alexandria Cable Television Advisory Commission
Sec. 9-3-291 Creation.
There shall be established a commission to advise the city council about cable television and to promote and develop access to cable systems. The commission shall be known as the Alexandria Cable Television Advisory Commission ("Commission").

Sec. 9-3-292 Members and term.

The city council shall appoint eight members of the Commission, who shall be residents of the city. Five members shall be citizen at-large members. One member shall be a representative of the Alexandria Campus of Northern Virginia Community College, one member shall be a representative of the Alexandria city public schools, and one member shall be a representative of the Alexandria library system. Each member shall serve a three-year term. Any interim vacancy shall be filed by the council for the unexpired portion of the term. No employee of or person with any ownership interest in a franchisee or a franchise granted pursuant to this chapter shall be eligible for membership on the Commission.
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Sec. 9-3-293 Officers; quorum; meetings; action by majority.

A quorum of four members present shall be required before the Commission may take official action. A member present but not voting shall be considered in counting a quorum. The Commission shall meet at least six times per year. Additional meetings may be held when necessary and may be called by the chairperson or any two members with 48 hours' notice to all members. All members shall be entitled to vote, and decisions of the Commission shall be determined by majority vote of the members present. Members shall serve without compensation, but may receive reimbursement for expenses subject to the availability of funds.

Sec. 9-3-294 Functions of the Commission.

The Commission shall have the following functions:
(a) to make recommendations and advise the city government in the formulation and implementation of general cable communications policy and promote citizen participation in the formulation of such policy through public information programs;

(b) to encourage the use of public access channels among the widest range of persons, including institutions and public agencies;

(c) to advise the city council concerning the use of funds for cable television access and local origination programming, concerning the construction and maintenance of facilities for the production of such programming, and concerning the education of the public in the use of such facilities when they become available;

(d) to request the administrator to provide additional information on complaints against a franchisee where injury to the public interest is deemed by the Commission to have occurred. Such complaints will be investigated according to procedures established by the Commission. Complaints not resolved in a manner deemed satisfactory by the Commission will be so noted in the permanent files maintained by the administrator;

(e) to perform such other duties and functions to support the community access channels as may be appropriate in order to maximize use among the widest range of individuals, institutions and community groups; and

(f) to make an annual report to the city council which shall include a review and evaluation of the activities of the Commission, along with any comments or recommendations relative to its functions that it may choose to make.
ARTICLE Q
State Regulation
Sec. 9-3-301 Virginia public telecommunications board.
A franchisee shall comply with all requirements of the Virginia Public Telecommunications Board not in conflict with FCC regulations, as such requirements may be amended from time to time.
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ARTICLE R

Rights of Individuals

Sec. 9-3-311 Discriminatory practices prohibited.

(a) A franchisee shall not deny service, deny access or otherwise discriminate against subscribers, programmers or residents of the city on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(b) A franchisee shall not discriminate or take any retaliatory action against a person because of the person's exercise of any right under federal, state or local law; nor may a franchisee require a person to waive any such rights as a condition of receiving service.

(c) A franchisee shall not deny access or levy different rates or charges on any group of potential residential cable subscribers because of the income of the residents of the local area in which the group resides.

(d) A franchisee shall not discriminate in its rates or charges among, and shall not grant undue preferences to, subscribers, potential subscribers or any group of subscribers or potential subscribers; provided, that a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of subscribers throughout the city, and may offer discounts for the elderly, the handicapped or the economically disadvantaged, and such other discounts as it is expressly entitled to provide under federal law, if such discounts are applied in a uniform and consistent manner. A franchisee shall comply with all applicable federal, state or local laws and regulations relating to nondiscrimination in the provision of cable service.

Sec. 9-3-312 Equal employment opportunity.

A franchisee shall not refuse to employ, and shall not discharge from employment or discriminate in compensation or in any other terms, conditions or privileges of employment against, any person because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability. A franchisee shall comply with all federal, state and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended.

Sec. 9-3-313 Subscriber privacy.

(a) A franchisee shall at all times protect the privacy of all subscribers pursuant to the provisions of the Cable Act, 47 U.S.C. § 551. A franchisee shall not condition subscriber service on the subscriber's grant of permission to disclose information which, under federal or state law, cannot be disclosed without the subscriber's explicit consent.

(b) Neither a franchisee, nor its agents or employees shall, without the prior written authorization of a subscriber, sell or otherwise make available for commercial purposes the name, address or telephone number of the subscriber, or any information that identifies the individual viewing habits of the subscriber.

(c) A franchisee shall take reasonable steps to ensure that the privacy interests of subscribers, programmers and general citizens are not infringed as a result of any device or signal associated with the system.
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Sec. 9-3-314 Restrictions on cable monitoring.

(a) Except as otherwise provided by federal law or by this section, a franchisee shall not monitor, arrange for the monitoring of or permit any person, expressly or impliedly with its knowledge, to monitor any subscriber outlet or receiver for any purpose whatsoever, without the specific written authorization of the subscriber being monitored and then only to the extent so authorized by the subscriber; provided, that a franchisee may conduct such monitoring as may reasonably be necessary for the maintenance and operation of its cable system, and the collection of data for the purpose of ascertaining viewer response to programming.

(b) Any data collected for the purpose of ascertaining viewer response to programming may be disseminated, so long as the data do not reveal any information, including identity, as to individual subscribers.

Sec. 9-3-315 Permission of property owner required.

Except as statutory or common law provides otherwise, no cable, line, wire, amplifier, converter or other equipment owned by a franchisee or used in conjunction with a cable system shall be installed by a franchisee over, under or upon any property without first securing the permission of the owner of the property or, if applicable, the owner of an easement which the equipment is to occupy. If such permission is subsequently validly revoked, the franchisee shall remove any of its equipment which is visible and movable, and promptly restore the property to its original condition, at its expense.
ARTICLE S

Resolution of Disputes

Sec. 9-3-330 Reasonable conduct.

A franchisee and the city shall act reasonably and in good faith, and shall deal fairly and cooperate with each in furtherance of the purposes of this chapter.

Sec. 9-3-331 Intent.

It is the intent of the city to provide for the orderly resolution of any dispute between a franchisee and the city arising out of the interpretation or enforcement of any provision of this chapter, a franchise, or a franchise agreement or any rule, regulation or procedure relating to cable communications matters. Fact-finding and mediation shall be the method of resolving such disputes, except that disputes specifically designated in this chapter as arbitrable may be submitted to that process for binding resolution. None of these methods, however, shall be the first resort of the parties, but shall be undertaken only after reasonable time and effort to resolve the dispute by negotiation and agreement.

Sec. 9-3-332 Fact-finding.

Any dispute, upon the election of either a franchisee or the city, shall be submitted to an expert individual, acceptable to both parties, for an investigation of the facts and a report thereof. Such fact-finding shall be for the purpose of developing better information for the use of both parties and shall not be binding on either party.
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Sec. 9-3-333 Mediation.

Any dispute, upon the election of either a franchisee or the city, shall be submitted to an expert individual, acceptable to both parties, for the purpose of facilitating discussion and receiving new perspectives on the issues and new proposals for compromise. Such mediation shall not be binding on either party.

Sec. 9-3-334 Arbitration.

Only those matters which are expressly arbitrable under the provisions of this chapter may be submitted for arbitration. Arbitrable matters may be submitted to a single expert individual, if both parties agree to do so. Otherwise, the parties shall agree to a three-member panel. Within 30 calendar days after appointment of the arbitrators and upon at least 15 calendar days written notice to the parties, the arbitrators shall commence a hearing on the dispute. Arbitration shall be held under the rules and procedures of the American Arbitration Association. Arbitration shall be binding on all parties. Arbitration matters shall be held to have been adjudicated and settled, and not open, either directly or indirectly, for review, pursuant to the rules and procedures of the American Arbitration Association.

Sec. 9-3-335 Selection procedures.

(a) In the case of fact-finding or mediation, each party shall, with 15 calendar days of the election by one party to proceed with fact-finding or mediation, present up to three names each for possible service as experts. If there is no agreement on any of the names and if one of the parties agrees, the American Arbitration Association shall select an individual to fulfill the function as expert. (b) In the case of arbitration, both parties shall, within 15 calendar days of their decision to proceed with arbitration, agree upon the number of persons to serve on the arbitration panel. Such number shall be either one or three. If a single-member panel is agreed upon, both parties shall jointly name the person, utilizing the procedures established for fact-finding and mediation. If a three-member panel is agreed upon, the membership shall be one person named by the franchisee, one person named by the city and a third person jointly named by the franchisee and the city. Said third person shall serve as the presiding officer of the panel. If there is no agreement on the single arbitrator or the presiding officer of a three-member panel, the parties may decline to proceed to arbitration or may select the single arbitrator or the panel's presiding officer, as the case may be, by requesting the American Arbitration Association to select an individual to serve as arbitrator or presiding officer. Sec. 9-3-336 Fees and expenses.

All fees of single experts and arbitrators and all other expenses resulting from fact-finding, mediation or arbitration shall be shared equally by the franchisee and the city.
ARTICLE T

Miscellaneous Provisions

Sec. 9-3-351 Compliance with laws.

A franchisee shall comply with all applicable federal, state and local laws (including all city ordinances), rules and regulations apart from this chapter, heretofore and hereafter adopted and amended.
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Sec. 9-3-352 Captions.

The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.

Sec. 9-3-353 No recourse against the city.

A franchisee shall have no recourse against the city or its officials, boards, commissions, agents or employees for any loss, cost, expense, damage or liability arising out of any provision or requirement of this chapter or arising out of the enforcement of this chapter, unless the same shall be caused by criminal acts or by willful or gross negligence of a city officer or employee.

Sec. 9-3-354 Rights and remedies.

(a) The rights and remedies provided by this chapter are cumulative and shall be in addition to and not in derogation on of any other rights and remedies which the city, a franchisee or another person may have with respect to the subject matter of this chapter.

(b) The city hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this chapter.

(c) Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial.

(d) No franchisee shall be relieved of its obligation to comply with any provision of this chapter by reason of a failure on the part of the city to initiate enforcement action against, the franchisee for a violation of the provision. Nor shall any a failure by the city to enforce a provision of this chapter be deemed to waive the franchisee's violation or to void that provision.

Sec. 9-3-355 Day-to-day enforcement.

The day-to-day enforcement of the provisions of this chapter and any franchise granted pursuant to the chapter shall be the responsibility of the administrator.

Sec. 9-3-356 Powers of court to enforce obedience to franchises.

Nothing in this chapter shall be construed to prevent any party from enforcing compliance with the terms and conditions contained in any franchise, pursuant to section 15.1-315 of the Code of Virginia (1950), as amended.

Sec. 9-3-357 Subsequent action by state or federal agencies.

Should the Commonwealth of Virginia, the FCC or any other agency of the federal government require a franchisee to deliver any signals in addition to those required by this chapter, to perform any act which is inconsistent with any provision of this chapter or to cease to perform any act required by this chapter or a franchise agreement, the franchisee shall so notify the city.
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Sec. 9-3-358 Amendments to this chapter.

In order to further the purposes of this chapter, to facilitate the provision of additional communications services to the city through the use of cable television and cable systems, and to ensure that the benefits of such services will reach city residents, the city retains the right to amend this chapter, and no provision to the contrary in a franchise or franchise agreement shall be of any force or effect.

Sec. 9-3-359 Incorporation by reference.

Except as otherwise agreed by a franchisee and the city, a franchise granted pursuant to this chapter shall incorporate by reference this chapter into such franchise as fully as if set forth therein.

Sec. 9-3-360 Prohibition of ownership by city employees.

Persons employed by the city who are involved in the administration or enforcement of this chapter and members of their immediate families shall not own any individual or joint interest, control or holding, direct or indirect, in a franchisee in the form of shares of stock, notes or other indebtedness, in trust or otherwise. The prohibition of this section shall also apply to members of the city council, the city attorney and members of their immediate families.

Sec. 9-3-361 Force majeure.

A franchisee shall not be deemed in default with provisions of its franchise where performance was rendered impossible by war or riots, civil disturbances, natural catastrophes or other circumstances beyond the franchisee's control, and a franchise shall not be revoked or a franchisee penalized in such a situation, provided that the franchisee takes immediate and diligent steps to bring itself into compliance with its Franchise without unduly endangering the health, safety and integrity of the franchisee's employees or property, or of public rights-of-way, public or private property or the public.

Sec. 9-3-362 Public emergency.

In the event of a major public emergency or disaster, as determined by the administrator, a franchisee immediately shall make its cable system, employees and property, as may be necessary, available for use by the city or a civil defense or governmental agency designated by the city to operate the system for the term of such emergency or disaster, for emergency purposes. The city shall return use of the system, employees and property to the franchisee after the emergency or disaster has ended or has been dealt with.

Sec. 9-3-363 Connections to system; use of antennae.

(a) Subscribers shall have the right to attach devices to a franchisee's cable system that will allow them to lawfully transmit signals or services, for which they have paid the franchisee, to VCRs, receivers and other terminal equipment, and a franchisee shall provide information to subscribers that will enable them to adjust such devices so that they may be used with the franchisee's system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.
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(b) A franchisee shall not, as a condition of providing cable service, require any subscriber or potential subscriber to remove any existing antenna, shall not disconnect an antenna except at the express direction of the subscriber or potential subscriber, and shall not prohibit or discourage a subscriber from installing an antenna switch, provided that the subscriber's equipment and installation are consistent with applicable codes.

Sec. 9-3-364 Severability.

If any provision of this chapter shall, to any extent, be held to be invalid or unenforceable, the remainder of the chapter shall be valid in all other respects and shall continue to be effective. In the event of a subsequent change in applicable law under which the provision that had been held invalid is no longer invalid, the provision shall thereupon return to full force and effect without further action by the city, unless the city determines otherwise.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage. Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94


31. (General Discussion. Councilman Donley requested that the Cable Television Advisory Commission work with Jones Intercable to expand the number of households that are included in its survey.) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3728
AN ORDINANCE granting a franchise to Jones Intercable of Alexandria, Inc., for the construction, operation and maintenance of a cable television system in the City of Alexandria, and approving a franchise agreement between Jones Intercable of Alexandria, Inc., and the City of Alexandria

WHEREAS, Jones Intercable of Alexandria, Inc. ("Jones") currently provides cable television services to residents of the city pursuant to a cable television franchise granted by the city on June 28, 1979 (the "Current Franchise");
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WHEREAS, in light of the expiration of the Current Franchise on July 26, 1994, Jones has sought the grant of a new cable television franchise that will authorize it to construct, operate and maintain a cable system along the public rights-of-way within the city for the purpose of providing cable television services; and

WHEREAS, representatives of Jones and the city, in a proposed franchise agreement between Jones and the city ("Franchise Agreement") (attached hereto as Exhibit A), have defined a range of terms and conditions pursuant to which Jones, if granted a new franchise, will upgrade its cable television system in the city and provide cable television services to the Alexandria community; and

WHEREAS, the city council, having considered the cable television and related needs and interests of the Alexandria community, has determined that approval of the Franchise Agreement, and the grant of a new cable television franchise to Jones, are consistent with the general welfare of the residents of Alexandria and are in the public interest; now, therefore,
Section 1. That the Franchise Agreement be and is hereby approved.

Section 2. That a new non-exclusive franchise be and is hereby granted to Jones, subject to the terms and conditions set forth in the Franchise Agreement and to applicable provisions of chapter 3, title 9 of The Code of the City of Alexandria, 1981, as amended ("Cable Code"), said franchise conveying to Jones, for a term of 15 years as provided in the Franchise Agreement, the right to construct, operate and maintain a cable television system within the public rights-of-way in the city; provided, that this franchise shall not become effective unless and until Jones has fulfilled the following conditions:
(c) made any payments, posted any securities and supplied any information that it is required to make, post or supply, by the Franchise Agreement or applicable provisions of the Cable Code;

provided further, (i) that these conditions must be fulfilled within 30 days of the effective date of this ordinance, (ii) that, if they are so fulfilled, the franchise granted by this ordinance shall be deemed effective as of the effective date of this ordinance, and (iii) that, if the conditions are not so fulfilled, said franchise shall be null and void and without affect.

Section 3. That the city manager be and is hereby authorized to execute, on behalf of the City of Alexandria, the Franchise Agreement and to take any actions necessary or desirable to effect the grant of the cable television franchise to Jones.

Section 4. That, in the event that Jones timely fulfills all of the conditions set out in Section 2, the Current Franchise shall, as of the effective date of the ordinance, be of no further force and effect, except as provided in the Franchise Agreement.
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Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Attachment: Franchise Agreement

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

(A copy of the Franchise Agreement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 6/18/94, and is incorporated herewith as part of this record by reference.)

At this point, City Council considered Docket Item No. 47.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) Planning Commission (continued)
47. SUP #2796 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a one-story food court and two-story office building. A modification to the front yard or highway setback is requested. The site is located at 1503-1505 Mount Vernon Avenue, contains 10,704 square feet and is zoned CL/Commercial Low. Applicant: C.S. Taylor Burke III and William H. Everard, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 6/18/94, and is incorporated herewith as part of this record by reference.)
Rod Kuckro, 209 East Alexandria Avenue, spoke;
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanamously, City Council approved the Planning Commission recommendation, as amended, and approved the special use permit, subject to all applicable codes, ordinances, and staff recommendations, and amendments to Conditions R-5, R-20, R-22, R-24, R-26 and new conditions R-20A and R-37, with the changes noted in Condition R-25, that beer and wine will not be served in the original container, and the last sentence shall read: "There shall be only one beer and wine license holder (i.e. one vendor) for the food court."; and in R-20A added "that the Director of Planning and Community Development consult with the Del Ray Civic Association, as well as the applicant,
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regarding the outside design." The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

32. SUP #2804 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 16-unit multi-family residential building, with a proposed parking reduction. A modification to open space requirements is requested. The property is located at 6325 Stevenson Avenue, contains 22,310 square feet, and is zoned RC/High Density Residential. Applicant: RPJ Housing Development Corporation, by Mark Fields.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of Ms. Lewis' letter dated June 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 6/18/94, and is incorporated herewith as part of this record by reference.

Copies of communications received in opposition from residents of the Olympus Condominium, together with a petition, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 32; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission and approved the special use permit [subject to all applicable codes, ordinances and staff recommendations] with the addition of Condition R-20, related to the affordable housing policy. The voting was as follows:

Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "no"
Ticer "aye" Rich "aye"
Speck "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

33. Consideration of a Loan of Federal HOME Funds and Local Housing Trust Fund Monies to Assist the Robert Pierre Johnson Housing Development Corporation's Proposed New Construction Condominium Project on Stevenson Avenue and Required HOME Program Description Amendments Related to the Project. (This is not a public hearing item.)

(A copy of the City Manager's memorandum dated June 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council (1) approved the following assistance for the Robert Pierre Johnson Housing Development Corporation's proposed new construction condominium homeownership project on Stevenson Avenue: (a) a construction loan totaling $1,320,000 (consisting of $1,152,900 in Federal Fiscal Year (FFY) 1992 and 1993 HOME Program funds and $167,100 in Housing Trust Fund and General Fund monies) with an interest rate of 3%, to be repaid following the repayment of the first trust private construction loan; and (b), a reservation of $400,000 for homeownership assistance (consisting of $254,828 in FFY 1994 HOME Program funds and $145,172 in Housing Trust Fund monies) to assist eligible purchasers with up to $25,000 each for down payments, closing costs and principal or interest reduction. Eligible purchasers must have incomes within the Section 8 low income guidelines (currently $39,900 for a family of four) and are subject to the Homeownership Resale Provisions; and (2) approved the amended HOME Program Descriptions for the FFY 1992 and FFY 1993 grants which have been revised to consist solely of new construction and program administration. The voting was as follows:
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Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

At 12:53 p.m., City Council recessed for the lunch break. New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council convened an executive session at this time for the purpose of discussing the past year's performance of the city manager and the city attorney, pursuant to Virginia Code § 2.1-344(A)(1). The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

At 2:35 p.m., City Council reconvened the meeting and the following transpired:

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

34. TA #94-007 - Public Hearing and Consideration of an amendment to the zoning ordinance to add a definition of a "food court." Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 5-1
(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved passage of the text amendment. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

NOTE: This item was reconsidered after the vote on Docket Item No. 35.
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ORDINANCES AND RESOLUTIONS (continued)

35. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend and reordain Section 1-400 (Interpretation of Ordinance) of Article I (General Regulations) (TA No. 94-002), and to add a new section 2-146.1 (Food Court) (TA No. 94-007) to Article II (Definitions), all of The City of Alexandria Zoning Ordinance.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council passed the ordinance on First Reading; scheduled the ordinance for Public Hearing, Second Reading and Final Passage on Tuesday, June 28, 1994, with the understanding that staff will bring back a substitute ordinance regarding the limitation of the sale of alcohol and some idea of the predominance of a full-service restaurant in a food court should one be included within the City limits. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

NOTE: Docket Item No. 35 was reconsidered at the end of the meeting. Please see page 155 for action taken.

At this point, Councilman Donley stated that the City Attorney has advised him that it is best to reconsider the text amendment to include the limitation in the text amendment as well.

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Council Member Rich and carried unanimously, City Council moved to reconsider Item No. 34. The voting was as follows:

Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Rich "aye" Pepper "aye"
Speck "aye"

34. WHEREUPON, upon motion by Councilman Donley, seconded may by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the text amendment, with one language change, and instructed staff when they bring a substitute ordinance on Second Reading, that provision be made regarding the limitations of the sale of alcohol in a food court and the predominance of a full-service restaurant should one be included in a food court within the City. The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

36. Public Hearing on and Consideration of a Proposal by First Night, Incorporated, to Sponsor a Non-Alcoholic New Year's Eve Celebration from 6:00 p.m. on December 31, 1994, to 12:15 a.m. on January 1, 1995, along Washington Street from Duke Street to Queen Street and along King Street, West of Washington Street. (Mayor Ticer) (#13 6/14/94)

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 6/18/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 36; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the First Night Alexandria celebration sponsored by First Night, Incorporated, from 6:00 p.m. on December 31, to 12:15 a.m. on January 1, 1995, including the use of City facilities and personnel, contingent upon First Night Incorporated meeting requirements set forth by the City. These requirements include, but are not limited to the following: (1) hire the appropriate number of City police officers for the event with the number of officers to be determined by the Police Department; (b) secure parking locations and advertise
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these locations in promotional material; (c) secure a $2,000,000 certificate of insurance naming the City as a co-insured; (d) secure any permits and licenses required by the City; (e) hire the appropriate number of City fire marshals to be determined by the Fire Department; (f) provide payment in advance for the rental and personnel costs of City facilities and personnel; and (g) provide a complete financial statement on the event by February 15, 1995, to the satisfaction of the Director of Finance; with the explicit understanding that Council made a decision to go ahead with this once and any decision to be made subsequently would be made by the Council on the basis of the experience that we had. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

41. VACATION #94-005 - Public Hearing and Consideration of a request for vacation of the public right-of-way located at 426 Timberbranch Parkway; zoned R-8/Residential. Applicant: Ivan J. and Katherine Porterfield, by Steven T. Weir, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Ben Brenman, Chair, and Edward Bell and Lillian Patterson as Viewers. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich out of room
Speck "aye"
40. SUP #2811 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 2107 North Early Street; zoned R-8/Residential. Applicant: Zannetta M. Johnson.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"

At this point, City Council returned to Docket Item No. 37.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
37. Public Hearing on and Consideration of Proposed Changes to the Policies for Sponsoring Major Events in Old Town Established by City Council in 1986. (#14 6/14/94)

(A copy of the City Manager's memorandum dated June 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council adopted the following recommendations proposed to become effective January 1, 1995: (1) re-define a major event as any event, including races and parades, held on City property and open to the public which attracts 500 people or more. The current definition of a major event (which does not include parades or races) is any event designed to attract 1,000 people or more; (2) modify the Major Events Policy as follows: (a) Continue to schedule all major events in Old Town no more frequently than every other weekend; (b) Beginning January 1995, all major events and parades scheduled in 1994 would automatically continue the same schedule through December 31, 1998, unless an existing organization decided to not hold an event. September 10, 1998, would be the registration date set for all organizations (new and existing) to apply to sponsor a major event in Old Town for the five-year period commencing January 1, 1999; (c) Establish a waiting list, during the five-year period (on a first come, first serve basis), for groups wanting to schedule an event in Old Town. When an existing group no longer holds an event in Old Town, the group at the top of the waiting list would be scheduled in their place. Organizations giving up their scheduled event could reapply by putting their name on the waiting list; (d) Limit the number of races in Old Town to five: Run vs. Row Race, the Colin Casey Fun Run, the George Washington Classic, the D.C. Roadrunners Race, and the Bar Association Race. All other races would be scheduled elsewhere in the City. (e) Limit the number of organizations holding two or three day events to those currently scheduled for more than one day (Red Cross Waterfront Festival, United Way Health Fair and Race, Ballyshaners St. Patrick's Day Parade and Irish Festival, the Alexandria Wine and Arts Festival and the Alexandria Mental Health Association's Arts and Crafts Fair). All other groups would be allowed only one day. (3) require activities at Market Square to conclude by 7:00 p.m., except for City-sponsored events which may be scheduled after 7:00 p.m. These evening events currently include the concerts by the Citizens Band, the Alexandria Harmonizers Concert, the Christmas Tree Lighting Ceremony and holiday concerts; and (4) limit for profit commercial events in Old Town to one per year (currently four are permitted). The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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38. Public Hearing and Consideration of the Potowmack Crossing II Apartments Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated June 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council (1) approved the Potowmack Crossing II Apartments Conversion Assistance Plan with Landlord-Tenant Relations Board recommendations; and (2) authorized the City Manager to sign a legal conversion plan agreement between the CAP Care Group, Inc., and the City. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
42. SUP #0888-E - Public Hearing and Consideration of a request for a special use permit to delete a condition of the special use permit concerning the time limitations for embarking and debarking for cruise ships located at 0 Prince Street; zoned W-1/Waterfront. Applicant: Port of Alexandria Company and Potomac Party Cruises, Inc., by Nina Wilson.
COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of additional proffers and representations dated June 18, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 6/18/94, and is incorporated herewith as part of this record by reference.

Copies of communications received from the applicant, together with letters of support, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 42; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the applicant's request, [and granted the special use permit, subject to compliance with all applicable codes, ordinances and conditions], with the following added conditions: #28. That the applicant will submit a parking management plan for employee parking to the satisfaction of the Director of Planning; #29. The Potomac Party Cruises will require all buses providing service to the Dandy to have routes that are approved by the Director of Planning; #30. After unloading passengers, buses will be escorted to their designated parking area at Robinson North Terminal. Drivers will be brought back to the Dandy, and may join the cruise at no charge; #31. Organizations chartering late night cruises will be told to have their guests park in the Dandy's reserved spaces on the Port of Alexandria site adjacent to the dock. The applicant will subsidize 50% of the current $5 cost of the evening parking; #32. The Dandy will provide a 24-hour phone number for a senior representative of Potomac Party Cruises to be used by neighborhood residents in case of any problem or emergency; #33. Security personnel will be assigned to monitor and direct patrons exiting and entering the parking area at the foot of Prince Street; amending the Planning Commission's Condition #14 to stipulate that it be 25 cruises during a six-month period that shall be permitted to embark by 11:30 p.m. and disembark by 2:00 a.m.; same change in Condition #25. The number of Midnight cruises shall be limited to 25 per half-year; and amended Condition #26 for a six-month review, rather than a one-year review; and deleted Condition #27. The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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43. VACATION #94-004 - Public Hearing and Consideration of a request for vacation of the public right-of-way in "Outlot A" adjoining 1003 Janney's Lane within the Walleston subdivision. Applicant: David R. Murphy, and appointment of viewers for same.

COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and denied the vacation request. The voting was as follows:

Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich "aye"
Speck "aye"
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44. SUP #2814 - Public Hearing and Consideration of a request for a special use permit to reduce the frontage requirement of a lot located at 1003 Janney's Lane; zoned R-8/Single-family Residential. Applicant: David R. Murphy.
COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 6/18/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the special use permit [subject to compliance with all applicable codes, ordinances and staff recommendations]. The voting was as follows:

Pepper "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
45. SUP #2413-C - Public Hearing and Consideration of a request for a special use permit to change the hours of operation and delete a condition concerning expiration of the special use permit for the noncomplying use restaurant located at 1225 Powhatan Street; zoned RB/Residential. Applicant: Eduardo and Aurora Arcilla.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/18/94, and is incorporated herewith as part of this record by reference.

Copies of communications received are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 45; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, added a condition to read "That an amendment to the SUP will be required if there is any change either to the ownership or to the lessee." and amended Condition #2 "to change the hours to 7:00 a.m. to 10:00 p.m. daily." The voting was as follows:

Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "no"
Rich left meeting

46. SUP #2513-C - Public Hearing and Consideration of a request for a special use permit to extend the hours of operation, increase seating and allow dancing at the restaurant located at 3606 Mount Vernon Avenue; zoned CG/Commercial. Applicant: Tamarind Seed and Nite Club, by Lela E. Harris.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 6/18/94, and is incorporated herewith as part of this record by reference.

A copy of Jon Liss' letter dated June 14, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 46; 6/18/94, and is incorporated herewith as part of this record by reference.)

At 7:47 p.m., Vice Mayor Cleveland left the meeting.
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WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 5-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #2, and added Condition #25, with the following changes, Condition #4 Hours of operation shall be limited to 11:00 a.m. to 12:00 Midnight, Monday through Wednesday, Thursday through Saturday until 12:30 a.m., and Sunday until 12:00 Midnight as a close; Condition #8 Live entertainment shall be limited to 7:00 p.m. to thirty minutes prior to closing; Condition #9 Live entertainment shall be restricted to music and comedy acts only; Condition #15 would be restored; Condition #23 Dancing shall be permitted on the property and shall cease thirty minutes before the closing hour; Condition #20 Applicant shall employ security personnel inside during operating hours and off-duty police officers to monitor patrons leaving the restaurant at the close of business and until two hours after closing when live entertainment is offered; and Condition #24 The outdoor public telephone shall be moved inside the building. The voting was as follows:

Donley "aye" Cleveland left meeting
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich left meeting

ORDINANCES AND RESOLUTIONS (continued)

48. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend human rights provisions of the city code in the following ways: (1) by clarifying that discrimination includes harassment in the workplace; and (2) by requiring annual, in lieu of biannual, reports to city council on the city's affirmative action employment program; (3) by providing for a remedy of specific performance in cases of discrimination in the area of public accommodations; (4) by creating a panel, consisting of three members of the human rights commission, to conduct confidential preliminary hearings on pending complaints; (5) by extending the period for filing complaints for housing discrimination from 300 days to 365 days; and (6) by mediating complaints between parties by having the administrator or her designee hold predetermination conferences prior to or during an investigation. (#18 6/14/94) (ROLL-CALL VOTE)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Jackson "aye" Cleveland left meeting
Pepper "aye" Donley "aye"
Ticer "aye" Rich left meeting
Speck "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3729

AN ORDINANCE to amend and reordain Section 12-4-3 (DEFINITIONS), Section 12-4-5 (UNLAWFUL EMPLOYMENT PRACTICES), Section 12-4-15 (POWERS AND DUTIES OF THE HUMAN RIGHTS COMMISSION), Section 12-4-16 (COMPLAINTS GENERALLY), and Section 12-4-17 (INVESTIGATION AND PROBABLE CAUSE OF COMPLAINT), of Chapter 4 (HUMAN RIGHTS), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of The City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-4-3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 12-4-3 Definitions.

(a) Affirmative action employment program. A positive program designed to ensure that a good faith effort will be made to employ applicants without regard to race, color, sex or disability. Such program, to be developed by the commission and approved by city council, shall include, where applicable, but shall not be limited to, the following: recruitment and recruitment advertising, selection and selection criteria, upgrading, promotion, demotion or transfer, lay-off or termination, rates of pay or other forms of compensation, other terms or conditions of employment and selection for training, including apprenticeship, and shall include realistic and attainable goals, methodology and timetable for implementation of the program.

(b) Age. Unless the context clearly indicates otherwise, the word "age" as used in this chapter shall refer exclusively to persons who are 18 years of age or older.

(c) Commission. The human rights commission created by section 12-4-15 of this chapter.

(d) Complainant. Any person filing a complaint or on whose behalf a complaint is filed by the human rights administrator pursuant to this chapter.

(e) Credit. The right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

(f) Disability. A physical or mental impairment which substantially limits one or more major life activities. "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic or lymphatic; skin and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(g) Discriminate, discrimination, discriminatory practice. Any arbitrary difference in treatment not permitted by this chapter, including harassment.
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(h) Educational institution. Any nursery, day care center, kindergarten, elementary or secondary school, academy, college, university, extension course or nursing, secretarial, business, vocational, technical, trade or professional school or joint apprenticeship program.

(i) Employer. Any person who employs four or more employees for wages, salaries or commission within the city, exclusive of parents, spouse or children, and excluding any bona fide religious, fraternal or sectarian organization not supported in whole or in part by governmental appropriations.

(j) Employment agency. Any person regularly undertaking with or without compensation to advertise for or otherwise procure opportunities to work or to procure, recruit, refer or place employees.

(k) Familial status. One or more individuals who have not attained the age of 18 years and who are domiciled with:

(1) a parent or another person having legal custody of such individual or individuals; or

(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The term "familial status" shall also apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. The provisions regarding familial status do not apply with respect to housing for older persons.

(l) Family. One or more individuals living together on the premises as a single housekeeping unit.

(m) Harassment. Any verbal or physical conduct that denigrates or shows hostility toward an individual because of his or her race, color, religion, gender, national origin, age, disability, marital status or sexual orientation.

(n) Health or social service agency. Any person rendering health or social services. The term includes but is not limited to any hospital, clinic, dispensary, nursing home, convalescent home, rehabilitation center, social work agency, community service center, group work-recreation center, counseling and guidance services agency, day camp or resident camp, protective service organization or facility; but except for a hospital, clinic or dispensary, this term shall not include any health or social service agency operated, supervised or controlled by or in conjunction with a religious organization, association or society exclusively or primarily for members of its own faith. (o) Housing. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(p) Human rights administrator. That person appointed pursuant to section 12-4-14 of this chapter.

(q) Labor organization. Any organization which exists for the purpose in whole or in part of collective bargaining or of dealing with employers on behalf of employees concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
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(r) Lending institution. Any person, including but not limited to a bank, insurance company or savings and loan association, regularly engaged in the business of lending money, guaranteeing loans or furnishing consumer credit or other credit-related services.

(s) Owner. Any person, including but not limited to a lessee, sublessee, assignee, manager or agent, and also including the city and its departments, boards, commissions, authorities, committees and agencies, having the right of ownership or possession or the authority to sell or rent any dwelling. (t) Pattern or practice of discrimination. Any event, course of conduct or way of doing business with respect to housing, employment, public accommodations, credit, health and social services or city contracts which happens on several occasions and which actually or predictably results in different treatment which is discriminatory on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(u) Person with a disability. Any person who has a disability, as defined above, or had a record of such impairment, or is regarded as having such an impairment. "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. "Is regarded as having an impairment" means (i) has a physical or mental impairment that does not substantially limit major life activities but is treated by a respondent as constituting such a limitation; (ii) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment or (iii) has none of the impairments defined under "disability" above but is treated as having such an impairment by any person within the jurisdiction of this chapter; provided, however, that the term "person with a disability" shall not include any person who engages in the current, illegal use of a controlled substance as defined in Virginia or federal law.

(v) Public accommodation. Includes every business, professional or commercial enterprise, refreshment, entertainment, sports, recreation or transportation facility in the city, whether licensed or not, public or private, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available in any manner to the general public. Public accommodation does not include a bona fide private club or other establishment not in fact open to the general public.

(w) Public funds. Any funds derived from any governmental body or agency.

(x) Qualified person with a disability. (i) With respect to employment, a person with a disability, who with reasonable accommodation, can perform the essential functions of the job in question, and (ii) with respect to other services, a person with a disability who meets the essential eligibility requirements for the receipt of such services.

(y) Real estate broker. Any person, who for a fee or other valuable consideration, manages, sells, purchases, exchanges, rents or negotiates, or offers or attempts to negotiate the sale, purchase, exchange or rental of the real property of another, or holds himself or herself out as engaged in the business of managing, selling, purchasing, exchanging or renting the real property of another, including real estate salespersons, agents or any other persons employed by a real estate broker to perform or to assist in the performance of his or her business.
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(z) Respondent. Any person against whom a complaint is filed pursuant to this chapter.

(aa) Restrictive covenant. For purposes of this chapter, this is a provision written into a deed, lease, mortgage, deed of trust or contract that bars any person from owning or occupying housing on the basis of race, color, sex, religion, ancestry, national origin, familial status, age, sexual orientation or disability.

(bb) Sexual orientation. Having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference. (cc) To rent. Includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Section 2. That Section 12-4-5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 12-4-5 Unlawful employment practices.

(a) Except as provided in subsection (b) of this section, it shall be unlawful:

(1) for any employer to fail or refuse to hire or to discharge any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(2) for any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting the employment, membership or apprenticeship opportunities of any person on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(3) for any employer, labor organization, employment agency or any joint labor management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or to participate in a guidance program, an apprenticeship training program, an on-the-job training program or any other occupational training program because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(4) for any employer, employment agency or labor organization to publish or circulate, or to cause to be published or circulated with intent to circumvent the spirit and purpose of this section, any notice or advertisement relating to employment or membership which indicates any preference, limitation or discrimination based on race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability, or an intention to make any such preference, limitation or discrimination;
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(5) for any employment agency to fail or refuse to accept, register, classify properly or refer for employment or otherwise to discriminate against any person because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(6) for any labor organization to discriminate against any person in any way which would deprive or limit his or her employment opportunities or otherwise adversely affect his or her status as an applicant for employment or as an employee with respect to hiring, seniority, tenure, referral, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(7) for any employer, employment agency or labor organization to discriminate against any person because he or she has opposed any practice forbidden by this section or because he or she has made a complaint or testified or assisted in any manner in any investigation or proceeding under this chapter relating to the provisions of this section; or

(8) for any employer to deny any employment opportunity to a qualified person with a disability who is an employee or applicant if the basis for the denial is the need to make reasonable accommodations to the physical or mental limitations of the employee or applicant.

(b) Exceptions. Nothing in subsection (a) of this section shall apply to:

(1) any type of employment, occupation, or position where the job involves a bona fide occupational qualification requiring the employment of a person or persons of a particular religion, sex, ancestry, national origin, marital status, age, sexual orientation or physical or mental capabilities, where the qualification is reasonably necessary to the normal operation of that business or enterprise;

(2) any employment practice based upon applicable laws or regulations established by the United States or any agency thereof, the Commonwealth of Virginia, or any political subdivision of the Commonwealth having jurisdiction in the City of Alexandria;

(3) the observance of the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this section, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual who is at least 40 years of age but less than 70 years of age because of the age of such individual;

(4) any person who is 70 years of age or older; provided, however, that no form of discrimination based on race, color, sex, religion, ancestry, national origin, marital status, sexual orientation or disability that is prohibited by this section may be practiced against any person who is 70 years of age or older;

(5) agreements or contracts concerning contribution rates for employer or employee for group insurance, when the contribution rate may be affected by marital status or number of dependents;
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(6) any employment agency providing services only to elderly persons or to minors; provided, however, that no employment agency may discriminate on the basis of race, color, sex, religion, ancestry, national origin, marital status, sexual orientation or disability; and

(7) notwithstanding any other provisions of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, nor shall it be an unlawful employment practice for any employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability.

(c) Affirmative action employment program. The city manager shall establish an affirmative action employment program for the city and shall report to the city council regarding the status of same annually.

Section 3. That Section 12-4-15 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 12-4-15 Powers and duties of the human rights commission.

(a) Powers and duties. The commission shall administer the provisions of this chapter as stated above and shall have the following powers and duties:

(1) Receive complaints about alleged unlawful acts under this chapter or any other alleged act of discrimination in cases where a complainant seeks the commission's good offices to conciliate through actions not involving a penalty under this chapter.

(2) Utilize methods of persuasion, conciliation and mediation or informal adjustment of grievances; hold public hearings, and, in the case of complaints of alleged unlawful discriminatory acts, make findings of fact, issue orders and make public the findings and orders.

(3) Conduct studies and hold public hearings on discrimination against persons with a physical or mental disability, in concert with the commission on disabled persons and the Alexandria mental health and mental retardation services board, to explore local legislative proposals in the areas of employment, credit, education, health and social services, public accommodations and housing.

(4) Conduct studies and hold hearings on social conditions that may cause discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability that is prohibited by this chapter. Gather and disseminate reliable information by issuing publications and reports of studies and research relating to such discrimination.
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(5) Institute and conduct educational and informational programs with wide sectors of businesses, unions, professions, agencies and organizations to promote equal rights and opportunities for all persons and to promote understanding among persons and groups of different races, colors, sexes, religions, ancestries, national origins, marital statuses, familial statuses, ages, sexual orientations or disabilities.

(6) Assist in developing, negotiating and reviewing voluntary fair housing affirmative action agreements as mandated by the city council in resolution no. 355, adopted on November 26, 1974, and develop and review other voluntary affirmative action programs.

(7) Review the city's affirmative action employment program and the performance of the city government, its contractors and subcontractors in employment policies and practices as they may relate to discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age or disability. The commission shall report its findings to the city manager and city council.

(8) Establish, administer or review programs at the request of the city council or the city manager and make reports on these programs to the city council and city manager.

(9) Conduct studies and hold public hearings on policies and practices of public educational institutions with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, sexual orientation or disability that is prohibited by this chapter, and of public health and social service agencies with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability that is prohibited by this chapter, and bring to the attention of the appropriate policy-making body and chief administrator problems that require notice or action to resolve.

(10) Bring to the attention of the city manager items that requite city manager or city council notice or action to resolve.

(11) Conduct studies and hold public hearings on policies or practices that cause or may be caused by a pattern or practice of discrimination.

(12) Render to city council and the city manager annual written reports of its activities under the provisions of this chapter along with such comments and recommendations as it may choose to make.

(13) Cooperate with and render technical assistance to federal, state, local and other public or private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter.

(14) With the approval of the city council, accept grants from federal, state, local and other public or private agencies, organizations and institutions, including but not limited to foundations, colleges and universities.

(15) Make use of uncompensated services of public agencies and private organizations as may from time to time be offered and needed to perform advisory and research duties.
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(16) As far as it is practicable, the services, including advisory and consultative services of all city departments, agencies, boards and commissions shall be made available to the commission for the purpose of carrying out the functions, powers and duties herein set forth, and with the approval of the city manager, the heads of such departments or agencies shall furnish to the commission any information in the possession of the departments or agencies as is relevant to the duties of the commission and which the commission, by written communication, may require. This includes the use of counsel from the office of the city attorney to aid in the conduct of its investigations and hearings.

(17) Establish panels of up to three members to conduct confidential hearings on pending complaints that have been identified by the administrator. As to such complaints, a panel may advise the administrator on whether (i) probable cause exists to believe unlawful discrimination has occurred, (ii) the time for the investigation should be extended, (iii) a public hearing should be scheduled, (iv) subpoenas should be obtained, and (v) a plan of settlement should be proposed to the parties.

(b) Subpoenas. In the course of any investigation of a complaint under this chapter or in any hearing held by the commission in accordance with section 12-4-18 or section 12-4-21 of this chapter, the commission, by majority vote of those members present, may apply to the appropriate circuit court for a subpoena or subpoena duces tecum to compel the attendance and testimony of witnesses and the production of evidence; provided, that, at the time it votes to apply to the court, the commission shall have grounds to believe that unlawful discrimination has occurred, shall have made a good faith effort to obtain the data and other information necessary to determine whether such discrimination has occurred, and shall have been unable to obtain such data and information on a voluntary basis. At least five days prior to applying for a subpoena, the commission shall notify the city manager of its intention to apply for the subpoena and its reasons for doing so. The judge of the circuit court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena.

(c) Funds. In the exercise of its powers and the performance of its duties the commission shall not expend funds in excess of those appropriated to it by the city council and those received by it from approved grants.

Section 4. That Section 12-4-16 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 12-4-16 Complaints generally.

(a) Complaints under this chapter may be filed only by (i) any person claiming to have been injured by an unlawful discriminatory practice under this chapter (known as "person aggrieved"), or (ii) the human rights administrator on behalf of any person or persons whom he or she has probable cause to believe has been the subject of an unlawful discriminatory practice under this chapter. All complaints shall be made in writing, be under oath or affirmation and accompanied by an affidavit. An additional copy shall be made for each respondent, if more than one. Any complaint shall be on a form furnished by the human rights administrator, shall state the name and address of each respondent, the address of the complainant (person aggrieved), the date of the alleged offense and
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alleged facts surrounding the acts complained of. The human rights administrator shall forthwith transmit a copy of the complaint to each respondent by certified mail, return receipt requested, with another copy by ordinary mail. Each complaint shall be held in confidence by the human rights administrator unless or until the complainant (person aggrieved) and the respondent consent to its being made public, or until the time a hearing procedure such as described in section 12-4-21 has begun. A complaint must be filed within 300 days after the date of the alleged unlawful discriminatory practice, except that a complaint alleging housing discrimination may be filed within 365 days of the alleged unlawful practice.

(b) Where a complainant or respondent in a case filed with the human rights administrator is a person with a disability, the administrator shall provide reader services if blind, interpreter services if deaf, or other special services to persons with a disability as are appropriate.

(c) Nothing in this chapter shall prevent any member of the human rights commission from filing a complaint if he or she claims himself or herself to be the subject of a discriminatory practice or to be a person aggrieved under this section. Such person shall disqualify himself or herself as a member of the commission when his or her complaint is before the commission for a public hearing and for disposition.

(d) Nothing in this section shall be construed to prevent any person from seeking the commission's good offices to conciliate through actions not involving a penalty under this chapter pursuant to section 12-4-15(a)(1).

Section 5. That Section 12-4-17 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 12-4-17 Investigation and probable cause of complaint.

Upon the filing of a complaint, the administrator shall make an investigation, which shall be completed within 180 days, unless additional time is allowed by the commission, from the date of the filing of a complaint, to determine whether there is probable cause for the complaint. At any time following the filing of a complaint, the administrator may convene a conference, over which the administrator or her designee shall preside, in order to mediate the issues in dispute between the parties. The administrator may also convene a confidential hearing, over which a panel of commission members shall preside, in order to obtain advice from the panel in one or more of the areas set forth in section 12-4-15(a)(17). If the administrator determines that there is probable cause for the complaint, the administrator shall immediately endeavor to eliminate the unlawful discriminatory practice complained of in accordance with section 12-4-18. If the administrator determines after such investigation that there is no probable cause for the complaint, the administrator shall within the 180-day period, or other period allowed by the commission, so notify by certified mail, with a copy by ordinary mail, each party to the action. A finding of no probable cause by the administrator shall constitute a final order of the commission for the purpose of judicial review pursuant to section 12-4-23.
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Section 6. This ordinance shall become effective upon the date and at the time of its final passage. Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

49. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to require every person 14 years of age and under, while riding a bicycle within the City of Alexandria, to wear a helmet that meets nationally recognized safety standards. (Councilmen Donley and Speck) (#19 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 6/18/94, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 49; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Speck "aye" Cleveland left meeting
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich left meeting
ORDINANCE NO. 3730

AN ORDINANCE to add a new Section 10-7-12 (BICYCLE HELMETS), to Chapter 7 (BICYCLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 7, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 10-7-12, to read as follows:
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Sec. 10-7-12 Bicycle helmets.

(a) Requirement. Every person 14 years of age or younger shall wear a protective helmet when riding or being carried on a bicycle on any roadway, sidewalk or public bicycle path within the city. For the purpose of this section, "protective helmet" shall refer to any helmet that meets the standards promulgated by the American National Standards Institute or the Snell Memorial Foundation.

(b) Civil penalty. The parents of any person who violates this section shall be, jointly and severally, liable for a civil penalty. For each such violation, the parents of the violator shall be liable for a penalty of $25; provided, that such penalty shall be suspended (i) for any person's first violation and (ii) for any person's second or subsequent violation, if the person provides proof of ownership of, or of having purchased or acquired, subsequent to the violation but prior to the deadline for payment of the civil penalty, a helmet of the type required by this section.

(c) Procedures. If a violation of this section has occurred, the violator shall be given written notice of the violation. The notice shall state:

(1) that the parents of the violator shall be liable for the civil penalty set forth in subsection (b);

(2) the circumstances under which the civil penalty may be suspended, as provided in subsection (b); and

(3) the deadline by which the parents of the violator must appear, either in person or by mail, before the treasurer of the city and admit liability for or plead no contest to the violation, and pay the civil penalty established for the violation, or alternatively provide satisfactory proof of ownership, purchase or acquisition, within the time specified in subsection (b), of a helmet of the type required by subsection (a).

An admission of liability or a statement of no contest to a violation of this section shall not be deemed a criminal violation for any purpose. If the parents of a violator do not elect to admit liability or plead no contest, the violation shall be tried in the Alexandria General District Court upon the filing of a warrant in debt.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94
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50. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the city code to allow the director of finance, in defined situations, to extend the date on which a penalty accrues for unpaid parking tickets. (#20 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 50; 6/18/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Donley "aye" Jackson "aye"
Ticer "aye" Rich left meeting
Speck out of room

The ordinance as finally passed reads as follows:
ORDINANCE NO. 3731

AN ORDINANCE to amend and reordain Section 3-2-354 (PENALTIES FOR UNCONTESTED PARKING CITATIONS), of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-354 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 3-2-354 Penalties for uncontested parking citations.

Any other provisions of this code to the contrary notwithstanding, the penalty for any of the following violations of this code shall, when the citation which was issued for the violation is uncontested, be as follows:

(a) If a payment is tendered to the director of finance within 30 calendar days from the date the citation is issued:

(1) $25 for a violation of section 10-4-1, "Stopping contrary to directions of police officers; (2) $35 for a violation of section 10-4-2, "Permitting vehicle to remain parked contrary to the directions of an official sign;" (4) $25 for a violation of section 10-4-4, "Stopping so as to obstruct traffic or on crossing;"
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(7) $25 for a violation of section 10-4-7, "Parking of vehicles by businesses on streets;" (8) $25 for a violation of section 10-4-8, "Parking for more than 72 continuous hours;" (9) $25 for a violation of section 10-4-9, "Parking trailers or recreational vehicles in residential districts;" (12) $35 for a violation of section 10-4-12, "Parking of vehicles on private property;" (13) $25 for a violation of section 10-4-13, "Stopping for purpose of sale, repairs, etc.;" (15) $25 for a violation of section 10-4-15, "Stopping for loading or unloading passengers or cargo generally;"

(16) $25 for a violation of section 10-4-16, "Permit for parking truck beside railroad car on public right-of-way;" (17) $25 for a violation of section 10-4-17, "Angle parking for loading and unloading;"
(18) $35 for a violation of section 10-4-18, "Use of loading zones;" (19) $125 for a violation of subsection (a) of section 10-4-19, "Parking in spaces reserved for handicapped persons;" (22) $25 for a violation of section 10-4-24, "Depositing coin in meter for purpose of extending time;" (23) $20 for a violation of section 10-4-25, "Permitting vehicle to remain parked at meter after expiration of time limit;" (24) $35 for a violation of section 10-4-28, "Parking across lines designated parking space;" (25) $25 for a violation of section 10-4-30, "Interfering with enforcement of chapter;" (26) $25 for a violation of section 10-4-33, "Use of metered parking lots by vehicles other than private passenger automobiles;" (27) $35 for a violation of section 10-4-34, "Parking illegally in permit parking district;" (28) $35 for a violation of section 5-8-114, "Designation of parking spaces; parking across lines;"
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(30) $35 for a violation of section 10-4-37, "Failure to procure and display city license plate, windshield tag or decal;" (31) $35 for a violation of section 10-4-38, "Parking without display of current state inspection sticker or current state license plate;" (33) $25 for a violation of section 9-12-162, "Use of locations other than designated parking spaces by sight-seeing buses;" (34) $25 for a violation of section 9-12-163, "Use of parking spaces designated for use by sight-seeing buses by other vehicles;" (35) $25 for a violation of section 9-12-164, "Use of designated spaces by sight-seeing buses;" (36) $35 for a violation of section 10-4-41, "Parking prohibited at certain locations;" (37) $100 for a violation of section 10-4-42, "Parking prohibited near fire hydrant, etc.;" (38) $25 for a violation of section 10-4-35, "Parking in two-hour parking zones in the central business district;" (39) $25 for a violation of section 10-4-36, "Removal of chalk marks placed for enforcement purposes;" (40) $35 for a violation of section 3-2-336, "Offenses relating to city license plate, windshield and decal." (b) If payment is not tendered to the director of finance within 30 calendar days of the date the citation is issued, a penalty of $25 in addition to the penalty imposed by subsection (a) for the violation for which the citation was issued; provided, that, in the event the 30th calendar day from the date the citation is issued is a Saturday, Sunday or legal holiday, such additional penalty shall not be imposed if payment is tendered in the amount required by subsection (a) on the next succeeding business day; provided further, that if payment is remitted to the director of finance in a sealed envelope bearing a postmark on or before midnight of the 30th calendar day from the date the citation is issued, no such additional penalty shall be imposed; and provided further, that the director of finance may waive such additional penalty, even though payment has not been tendered or mailed within 30 calendar days of the date the citation was issued, whenever the owner of the vehicle identified in the citation establishes any of the following to the satisfaction of the director:

(i) that the owner did not find the citation at the time of its issuance on the owner's vehicle and only learned of the citation after the day on which it was issued, and has tendered the required payment within 30 days of first learning of the citation;

(ii) that, within 30 days after the issuance of the citation or, if later, after first learning of the citation, the owner has made a written request to the director for information concerning the citation, and has tendered the required payment within 30 days of the director's response; or
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(iii) that the owner was medically incapable of making the required payment within 30 calendar days of the date the citation was issued.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

51. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to allow taxis to charge the fee they are required to pay to National Airport for the privilege of picking up airport passengers. (#21 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 6, 1994, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 51; 6/18/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 4-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Jackson "aye" Donley "aye"
Ticer "aye" Rich left meeting
Speck out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 3732

AN ORDINANCE to amend and reordain Section 9-12-132 (AMOUNT OF FARE TO BE CHARGED) of Division 6 (FARES), Article A (TAXICABS AND FOR-HIRE VEHICLES), Chapter 12 (TAXICABS AND OTHER VEHICLES FOR HIRE), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-12-132 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 9-12-132 Amount of fare to be charged.

(a) The rates to be charged passengers by owners or drivers of taxicabs shall be as follows, and it shall be unlawful for any owner to permit or a driver to make any greater or lesser charge:
(2) For the second and for each additional passenger who is two years of age or older, $1.25. (3) For each one-seventh mile or fraction thereof for one or more passengers, $0.20. (4) For each one hour of waiting time for one or more passengers, $15. The incremental cost of this charge shall be $0.20 for each 48 seconds. Waiting time shall include time consumed while the taxicab is waiting and available to passengers beginning three minutes after the time of arrival at the place to which it has been called, time consumed while the taxicab is stopped or slowed for traffic to a speed of less than seven miles per hour and time consumed for delays or stopovers enroute at the direction of a passenger. No time shall be allowed for a premature response to a call. There shall be no charge for mileage when time is being charged for a taxicab that is stopped or slowed for traffic to a speed of less than seven miles per hour. Waiting time shall not include time lost on account of the inefficiency of a taxicab. (6) For each trunk, footlocker, duffelbag or other bulky or heavy item, $2, provided that the carrying of same to and from the immediate vicinity of the taxicab and the rate therefor shall be subject to agreement between the driver and passenger. (7) For each bag of groceries, $0.25 if handled by the driver in the immediate vicinity of the taxicab. (8) For each animal, $1, provided that there shall be no charge for guide dogs for the blind. (9) For each trip originating at Washington National Airport, the fee required to be paid to the airport for the privilege of picking up passengers. (10) Taximeter fares may be increased by $2 on those days on which snow emergency plans are put into effect by the city manager or her authorized representative. The transportation division of the department of transportation and environmental services will notify each Alexandria cab company by telephone of the exact time the snow emergency plan is to go into effect and the exact time that the snow plan is terminated.

(b) This section shall not apply when any taxicab is operated pursuant to a contract provided for in section 9-12-133 of this code.

Section 2. This ordinance shall become effective upon the date and at the time of its final passage. Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94
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52. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to adopt, for application in the City of Alexandria, a standardized process that will be adopted by other jurisdictions in the Washington, D.C., metropolitan area for the testing and certification of food-handling managers who are employed in restaurants and other establishments that serve food. (#22 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 52; 6/18/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 52; 6/18/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading, as amended, by amending the fee in Sec. 11-2-384(f) from $30 to $20. The voting was as follows:

Jackson "aye" Cleveland left meeting
Pepper "aye" Donley "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The ordinance as amended reads as follows:
ORDINANCE NO. 3733

AN ORDINANCE to amend and reordain Sections 11-2-383 (FOOD-HANDLING MANAGER'S CERTIFICATE AND RESPONSIBILITY) and 11-2-384 (ISSUANCE OF PERMIT OR FOOD-HANDLING MANANGER'S CERTIFICATE), of Article J (COMPLIANCE PROCEDURES), Chapter 2 (FOOD AND FOOD HANDLING ESTABLISHMENTS), Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-2-383 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
(a) After September 1, 1994, it shall be unlawful to operate a food-handling establishment unless it is under the immediate control of a person possessing a food-handling manager's certificate issued by the director, or a certificate issued by another jurisdiction that is accepted by the director; provided, that a limited food service establishment shall not be in violation of this section if it is under the immediate control of a person possessing a limited food service manager's certificate and if the director finds that the establishment satisfies one of the following criteria:

(1) it does not prepare or handle potentially hazardous foods; (2) it handles only pre-packaged foods that have been transported and stored under conditions that meet the requirements of this chapter; (3) it handles only foods that are prepared and prepackaged in individual servings, and have been transported and stored under conditions that meet the requirements of this chapter; or

(4) it handles only beverages that are not potentially hazardous, and have been transported and stored under conditions that meet the requirements of this chapter. For the purposes of this article, the term "limited food service establishment" shall mean any of the following food-handling establishments: mobile food units, pushcarts, retail food stores and temporary food-handling establishments.

(b) The certified food manager shall be responsible for training food-handling personnel in sanitary food-handling procedures and proper methods of food protection. The certified food manager shall also be responsible to ensure that good public health and food protection practices and sanitary techniques in manufacturing, storing, serving and transporting foods are used at all times on the premises under his or her control.

Section 2. That Section 11-2-384 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 11-2-384 Issuance of permit or food-handling manager's certificate.

(a) Any person desiring to obtain a permit required by section 11-2-381 shall apply in writing on forms provided by the director. Such application shall include the name and address of each applicant, the location and type of the proposed food-handling establishment and the signature of each applicant.

(b) Prior to approval of an application for a permit, the director shall inspect the proposed food-handling establishment to determine compliance with the requirements of this chapter.

(c) The director shall issue a permit that is valid for no more than one year to the applicant if the director's inspection reveals that the proposed food-handling establishment complies with the requirements of this chapter.

(d) The director may exempt coffee and related beverage service and service areas and such one time events or affairs from such provisions or requirements of this chapter as the director may deem advisable upon determining that the operation of such service, service areas, events or affairs will not adversely affect the public health.
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(e) A food-handling manager's certificate shall be issued only to a person who has passed a food-handling manager certification examination approved by the director.

(f) A food-handling manager's certificate shall be issued in the name of an individual applicant only, shall not be assignable or transferable, and shall be valid only for a period of three years from the date of issuance. Prior to the issuance of a certificate, a fee of $20, or as otherwise established by resolution of city council, shall be paid to the director of finance.

(g) A limited food service manager's certificate shall be issued only to a person who has successfully passed a limited food service manager certification examination, given by the director or the director's designee, which tests the applicant's knowledge of food-handling techniques necessary for the safe operation of a limited food service establishment. Prior to the issuance of a limited food service manager's certificate, a fee of $30, or as otherwise established by resolution of city council, shall be paid to the director of finance.

(h) A certified food-handling manager or a certified limited food service manager shall be entitled to the renewal of his or her certificate for a subsequent three year period upon payment of a renewal fee of $30, or any other amount set by resolution of city council, provided that:

(1) an application for renewal is filed with the director not more than 30 days following the expiration date of the certificate; and

(2) if the applicant's certificate has been revoked or suspended during the preceding three years, the applicant retakes and passes either a food-handling manager certification examination approved by the director or a limited food service manager certification examination given by the director or the director's designee, whichever is appropriate.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

53. Consideration of a Resolution authorizing the city manager to execute, on behalf of the City of Alexandria, the Food Service Manager Certification Agreement, between the District of Columbia and several Northern Virginia and Maryland jurisdictions, for the purpose of standardizing the process for the testing and certification of food-handling managers in the Washington, D.C., metropolitan area. (ROLL-CALL VOTE)

(A copy of a letter dated June 17, 1994, from the Restaurant Association of Metropolitan Washington, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 53; 6/18/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the substitute resolution. The voting was as follows:

Jackson "aye" Cleveland left meeting
Donley "aye" Pepper "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The substitute resolution reads as follows:
RESOLUTION NO. 1695

WHEREAS, in 1980 the City of Alexandria became the first jurisdiction in Virginia to require certified food managers to be present and on duty during all hours of operation at food-handling establishments in the city; and

WHEREAS, during the 1980s most other Northern Virginia jurisdictions followed Alexandria's lead and enacted similar certification requirements; and

WHEREAS, to become certified, an applicant must currently present satisfactory proof of having completed a course on food service sanitation in order to obtain a food-handling manager's certificate ("certificate") from the Alexandria Department of Health; and

WHEREAS, applicants seeking a certificate in Alexandria must complete a food service sanitation course that has been approved by the director of the Alexandria Health Department ("director"); and

WHEREAS, at the present time, nearly 100 different food service sanitation courses are offered in the Washington metropolitan area, making it extremely difficult and time consuming for the director to monitor standards of instruction and quality of course content; and

WHEREAS, health department field staffs throughout the metropolitan area are reporting with increasing frequency incidents of food-handling managers who appear to be unfamiliar with basic sanitation practices due to inadequate training and lax testing procedures by food service sanitation course providers; and

WHEREAS, the lack of uniform standards and testing procedures among area jurisdictions and the resulting absence of reciprocity among local jurisdictions force food service managers who work at establishments in several different jurisdictions to obtain separate certificates from each jurisdiction; and

WHEREAS, local Northern Virginia jurisdictions have formed a committee to evaluate food service sanitation courses, tests and instructors and to investigate the possibility of implementing a standardized regional food-handling manager certification process; and

WHEREAS, the committee consists of representatives from the Alexandria Health Department, Arlington County Health Department and Fairfax County Health Department (which also represents the Towns of Herndon and Vienna, and the Cities of Fairfax and Falls Church); and
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WHEREAS, the committee has drafted a Food Service Manager Certification Agreement to be signed by participating jurisdictions, in which the signatories agree: (a) to create a Food Service Managers Certification Committee ("Committee") that will (1) develop a regional food-handling managers certificate that will be recognized and accepted in all signatory jurisdictions, (2) devise a standard certification fee, and (3) review and approve standardized examinations that would be (i) developed in accordance with the Uniform Guidelines for Employee Selection Procedures and the American Psychological Association Standards for Educational and Psychological Testing, (ii) recognized standardized examinations such as those associated with the National Assessment Institute, the Educational Testing Service Center of Princeton, New Jersey, or the Educational Foundation of the National Restaurant Association, and (iii) administered locally and graded by an independent testing organization; (b) to recognize only those standardized certification examinations recommended by the Committee, and accept successful completion of one or those tests as sufficient for local certification; (c) to recognize the standardized Food Service Managers Certificate ("Certificate") established by the Committee, regardless of which signatory jurisdiction issued it; and (d) that the term of the Certificate shall be for a period of three years, and that it may be renewed upon expiration, provided that the required fee is paid and that the application for renewal is not more than 30 days past expiration of the Certificate;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ALEXANDRIA

That the city manager, or her designee, shall be and hereby is authorized to execute, on behalf of the City of Alexandria, the Food Service Manager Certification Agreement, a copy of which is attached hereto as Attachment 1.

ADOPTED: June 18, 1994

Attachment: Agreement
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FOOD SERVICE MANAGER CERTIFICATION AGREEMENT

This Agreement is made and entered into on this _____day of _________, 1994, by and among the County of Fairfax, acting by the County Executive; the County of Arlington, acting by the County Manager; the City of Alexandria, acting by the City Manager; the City of Fairfax, acting by the City Manager; the Town of Herndon, acting by the Town Manager; the Town of Vienna, acting by the Town Manager; and the City of Falls Church, acting by the City Manager (hereafter referred to collectively as the "Parties").

THE PARTIES HEREBY AGREE AS FOLLOWS:

1. The parties enter into this Agreement for the purpose of establishing a uniform method of issuing food service manager certificates in and among the participating jurisdictions, and establishing reciprocity among the parties for food service manager certificates.

2. The term of this Agreement is perpetual. A party may withdraw from the Agreement by serving all other parties with written notice of withdrawal.

3. The parties hereby establish a Food Service Managers Certification Committee (hereafter, "Committee"), which shall be comprised of the Sanitarian or Environmental Health Manager of each Health District in which a party is located.

4. The Committee shall establish a regional food service manager certificate (hereafter, "Certificate"). Upon approval by the Committee, all parties shall recognize and accept a Certificate validly issued by another party. The Certificate shall be in the form of a photographic identification. It shall be good for a period of three years. It shall be renewable upon expiration, provided that the required fee is paid and that the application for renewal is not filed with the issuing party more than thirty (30) days after the expiration date of the Certificate.

5. The Committee shall recommend a uniform food service manager certificate fee. The fee shall be presented by each party to its local governing body with the recommendation that the proposed fee be adopted by that body so that such fees will be uniform throughout the Washington metropolitan area. Each year, the Committee will review the fee and, if necessary, recommend any adjustments.

6. The Committee shall review and approve standardized food service manager examinations that have been developed in accordance with Uniform Guidelines for Employee Selection Procedures and the American Psychological Association Standards for Educational and Psychological Testing. The examinations shall be recognized standardized examinations such as those associated with the National Assessment Institute, the Educational Testing Service Center in Princeton, New Jersey, or the Educational Foundation of the National Restaurant Association.
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7. Each party agrees that it shall issue food service manager certificates only to applicants who have successfully passed an examination approved by the Committee.

8. Amendment or termination of this Agreement must be in writing and signed by all parties.

County Executive
County of Fairfax_________________ Date_________________

County Manager
County of Arlington _________________ Date_________________

City Manager
City of Alexandria_________________ Date_________________

City Manager
City of Fairfax _________________ Date_________________

City Manager
City of Falls Church_________________ Date_________________

Town Manager
Town of Herndon_________________ Date_________________

Town Manager
Town of Vienna _________________ Date_________________

54. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to prohibit a pawnbroker whose permit has been revoked by the chief of police for a knowing violation of the city code from applying for the issuance of a new permit for a period of 12 months from the date that the revocation becomes final. (#23 6/14/94) (Councilwoman Pepper) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 6, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 54; 6/18/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Jackson "aye" Donley "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3734

AN ORDINANCE to amend and reordain Section 9-8-23 (REVOCATION), of Chapter 8 (JUNK DEALERS, ANTIQUE DEALERS, CANVASSERS, PAWNBROKERS AND DEALERS IN SECONDHAND ARTICLES, PRECIOUS METALS OR GEMS), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-8-23 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 9-8-23 Revocation.

(a) Any permit issued to an established dealer under the provisions of this article may be revoked by the chief of police after notice and hearing if the chief of police finds that such person has knowingly violated any provision of this article. A seven-day written notice of the hearing stating the reasons for the proposed revocation shall be mailed, postage prepaid, to the permit holder at the business address appearing on the permit application, or if there be none, to the residence address, appearing thereon.

(b) Said notice shall set forth the grounds of the proposed revocation and the time and place of the hearing. At the hearing, the permit holder may be represented by counsel, may cross-examine witnesses and may present evidence in his favor.

(c) In the case of an itinerant dealer, the chief of police may forthwith revoke such permit if the chief of police finds that such person has knowingly violated the provisions of this article. An itinerant dealer who has had his or her permit revoked by the chief of police may demand notice and hearing as described above within 48 hours of the next business day following revocation. At such hearing, the itinerant dealer shall be afforded all of the rights and privileges described above.

(d) Appeals from the decision of the chief of police shall be made in accordance with section 9-8-24.

(e) Any dealer who has received written notice of a revocation hearing pursuant to this section shall be ineligible to apply, pursuant to section 9-8-13, for issuance of a permit until the revocation proceeding has concluded. Any dealer whose permit has been revoked by the chief of police in accordance with this section shall be ineligible to apply, pursuant to section 9-8-13, for issuance of a new permit for a period of 12 months following the date that the revocation becomes final.
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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

55. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 5-10-4 to permit burials within the vacated portion of Gibbon Lane. (#24 6/14/94) (Councilman Jackson) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading, as amended as suggested by the City Attorney. The voting was as follows:

Jackson "aye" Cleveland left meeting
Donley "aye" Pepper "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The ordinance as amended reads as follows:
ORDINANCE NO. 3735

AN ORDINANCE to amend and reordain Section 5-10-4 (BURIALS WITHIN GIBBON LANE PROHIBITED), Chapter 10 (CEMETERIES), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-10-4 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

Sec. 5-10-4 Burials within Gibbon Lane prohibited.

No person shall bury or cause to be buried the remains of any person within seven feet of either side of the centerline of Gibbon Lane from West Street to a point 171 feet west of the monument line of West Street.
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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

56. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way of Gibbon Lane, from West Street to Hamilton Lane, in the City of Alexandria for cemetery use. (#25(b) 6/14/94) (Councilman Jackson) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Jackson "aye" Cleveland left meeting
Pepper "aye" Donley "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3736

AN ORDINANCE to vacate a portion of the public street right-of-way of Gibbon Lane, from a point 171 feet west of the monument line of West Street to Hamilton Avenue.

WHEREAS, Bethel Cemetery has requested the vacation of a portion of the 16-foot-wide public right-of-way of Gibbon Lane, an unopened and unimproved right-of-way not used by the public; and

WHEREAS, the right-of-way to be vacated by this ordinance, which abuts the Bethel Cemetery for a distance of 136.35 feet, is shown on the plat prepared by the survey section of the department of transportation and environmental services of the City of Alexandria, and dated April 13, 1994 ("Plat") (attached hereto); and

WHEREAS, the vacation of this right-of-way has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and
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WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the unopened and unimproved public right-of-way of Gibbon Lane to be vacated by this ordinance is not needed for public use and that it is in the public interest that it be vacated; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described public right-of-way, as shown on the Plat, be and the same hereby is vacated:
Section 2. That this vacation is subject to compliance with each of the conditions set forth below:
Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
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Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective as to any abutting owner until such abutting owner has satisfied the conditions set forth above in section 2 applicable to such owner, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded, together with a deed from the City of Alexandria conveying the vacated portion to the said abutting owner, among the land records of the City of Alexandria, and appropriately indexed in the said land records. Recordation of the deed and certified ordinance shall be done by each abutting owner at its own expense.
Attachment: Vacation Plat

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94
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57. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a public alley right-of-way adjacent to the property located at 3115 Carolina Place in the City of Alexandria. (#26 6/14/94) (ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Jackson "aye" Donley "aye"
Ticer "aye" Rich left meeting
The ordinance finally passed reads as follows:
ORDINANCE NO. 3737

AN ORDINANCE to vacate a portion of a public alley adjacent to the north side of the property located at 3315 Carolina Place, in the City of Alexandria.

WHEREAS, Donald M. and Lynne G. Sandler ("Applicants"), who own the property at 3315 Carolina Place in the City of Alexandria, Virginia, have applied for the vacation of a 10-foot-wide, 116.35 foot-long public alley adjacent to the north side of their property at 3315 Carolina Place; and

WHEREAS, the alley to be vacated by this ordinance is shown on the plat prepared by Alexandria Surveys, Inc. and dated December 28, 1993 ("Plat") (attached hereto); and

WHEREAS, the vacation of this alley has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the alley to be vacated by this ordinance is $3,600; and

WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the alley to be vacated by this ordinance be purchased by the Applicants for $3,600; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicants' agreement to comply with the conditions set forth below and the condition that they purchase the alley to be vacated by this ordinance for $3,600, the Council of the City of Alexandria has concluded that the alley is no longer needed for public use and that it is in the public interest that it be vacated; therefore,


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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described alley, as shown on the Plat, be and the same hereby is vacated:

Section 2. That this vacation is subject to the Applicants complying with the condition that they purchase the above-described alley for $3,600 and with each of the conditions set forth below:

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $3,600 referenced in section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be and she hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.





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Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $3,600 has been made to the city by the Applicants and the conditions set forth above in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the other conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of SANDLER, and such recordation shall be done by the Applicants at their own expense.

Attachment: Vacation Plat

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94







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58. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way of Fern Street, between Kenwood Avenue and Osage Street, in the City of Alexandria. (#27(b) 6/14/94) (ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Speck and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:
ORDINANCE NO. 3738

AN ORDINANCE to vacate a portion of the public right-of-way of Fern Street, between Kenwood Avenue and Osage Street, in the City of Alexandria, Virginia.

WHEREAS, the Lindsay Cadillac Company ("Applicant"), which owns the property at 1525 Kenwood Avenue, Alexandria, Virginia, has applied for the vacation of a portion of the public right-of-way of Fern Street, between Kenwood Avenue and Osage Street, which lies between properties owned by Applicant, with the exception of a small portion near Osage Street which abuts the Blessed Sacrament Church property; and

WHEREAS, the portion of the Fern Street public right-of-way to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated February 15, 1994 ("Plat") (attached hereto); and

WHEREAS, this vacation has been recommended for approval by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the portion of the Fern Street public right-of-way to be vacated by this ordinance to be $211,300; and

WHEREAS, the Applicant has agreed to permit customers and employees of Ernie's Crab House to park along the portion of the Fern Street right-of-way being vacated by this ordinance, in accordance with the agreement signed by both parties and dated April 4, 1994; and






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WHEREAS, Blessed Sacrament Church, which owns property that is immediately adjacent to segment of the portion of the Fern Street public right-of-way being vacated by this ordinance, has agreed to convey approximately 7,800 square feet of such property to the Applicant and, as a result, does not wish to purchase the portion of the public right-of-way being vacated by this ordinance that lies between its property and the center line of Fern Street; and

WHEREAS, Blessed Sacrament Church, in a letter dated May 13, 1994, from the Most Reverend John R. Keating, has stated that the Church consents to the vacation being effected by this ordinance; and

WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the portion of the Fern street public right-of-way to be vacated by this ordinance be purchased by the Applicant for $211,300; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicants' agreement to comply with the conditions set forth below and the condition that it purchase the portion of the Fern Street public right-of-way to be vacated by this ordinance for $211,300, the Council of the City of Alexandria has concluded that said portion of the public right-of-way, as shown on the Plat, is no longer needed for public use and that it is in the public interest that it be vacated; therefore,

Section 1. That the hereinafter described portion of the public right-of-way of Fern Street, between Kenwood Avenue and Osage Street, as shown on the Plat, be and the same hereby is vacated:


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(a) The Applicant shall consolidate the portion of the Fern Street public right-of-way vacated by this ordinance with its properties on both sides of Fern Street (1525 Kenwood Avenue and 1601 Fern Street), and provide a plat of consolidation for approval by the city director of planning and community development.

(b) The Applicant shall reserve, in the portion of the Fern Street right-of-way being vacated by this ordinance, and provide to the city, a 22-foot-wide emergency vehicle and city vehicle easement from Osage Street to Kenwood Avenue, to the satisfaction of the director of transportation and environmental services and the city fire marshal.

(c) The Applicant shall reserve and provide to the city a minimum 10-foot-wide easement over all public sewers located in the portion of the Fern Street right-of-way being vacated by this ordinance, to the satisfaction of the director of transportation and environmental services.

(d) The Applicant shall reserve, and provide to the city, a fire hydrant maintenance easement, from the emergency vehicle easement provided pursuant to subsection (b) to all fire hydrants located in the portion of the Fern Street right-of-way being vacated by this ordinance, to the satisfaction of the director of transportation and environmental services and the city fire marshal.

(e) The Applicant shall reserve and provide easements to each of the private utility companies having utilities within the portion of the Fern Street right-of-way being vacated by this ordinance, to the satisfaction of the director of transportation and environmental services.

(f) All street lights located in the portion of the Fern Street right-of-way being vacated by this ordinance shall be converted to private ownership.

(g) The Applicant shall, at the Kenwood Avenue entrance to the portion of the Fern Street right-of-way being vacated by this ordinance, provide notice to the public that said right-of-way is private, which notice could be accomplished through modification of the entrance and landscaping, and shall be to the satisfaction of the director of transportation and environmental services.

(h) The Osage Street end of the portion of the Fern Street right-of-way being vacated by this ordinance may be closed, subject to the continued provision of emergency vehicle access, to the satisfaction of the director of transportation and environmental Services and the city fire marshal.

(i) The Applicant shall provide written acknowledgement from Blessed Sacrament Church indicating that the Church's rights, concerns and questions regarding this vacation have been adequately addressed by Applicant.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the conditions set out in Section 2 above have been satisfied, and the treasurer of the city has received the payment of $211,300 referenced in section 2 above and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.



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Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in Section 2 have been satisfied, including the payment of $211,300 to the city by the Applicant, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of THE LINDSAY CADILLAC COMPANY, and such recordation shall be done by the Applicant at its own expense.

Attachment: Vacation Plat

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94






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59. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend and reordain the Braddock Road Metro Station, and King Street/Eisenhower Avenue Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such Small Area Plan Chapters as Master Plan Amendments Nos. 94-003, 94-005 and 94-007, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapters as may be inconsistent with such amendments. (#28 6/14/94) (ROLL-CALL VOTE)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Donley "aye" Jackson "aye"
Ticer "aye" Rich left meeting
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3739

AN ORDINANCE to amend and reordain the Braddock Road Metro Station and King Street/Eisenhower Avenue Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such small area plan chapters as Master Plan Amendment Nos. 94-003, 94-005 and 94-007, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapters as may inconsistent with such amendments.

WHEREAS, the City Council of Alexandria, finds and determines that:

1. In Master Plan Amendment No. 94-003, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property known as Braddock Center from Commercial Residential Mixed Used-High to Office Commercial-High.

2. In Master Plan Amendment No. 94-005, the planning commission on its own motion initiated the amendment of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the property east of South Peyton Street (extended) along the south side of Duke Street to South West Street (1400-1454 Duke Street and 301 West Street) from OCM-100 to OCM-50 and to adjust the boundaries of Height District No. 5.

3. In Master Plan Amendment No. 94-007, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District principles for Cameron Center to allow by-right development up to heights of 100 feet.

4. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.



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5. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map, Map 10, and the Zoning Map, Map 13, of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria be, and the same hereby are, amended to change the land use and zoning designations for the property bounded by North Fayette Street, First Street and Braddock Place (Tax Map and Zoning Map Parcel No. 54.01-2-05.02), from CRMU-H to OCH.

Section 2. That the Land Use Plan Map, Map 16 and the Zoning Map, Map 19, of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, be, and the same hereby are, amended to change the land use and zoning designation of the parcels at 1400-1454 Duke Street and 301 South West Street (Tax Map and Zoning Map Parcel Nos. 73.02-08-10 to 73.02-08-33 and 73.02-08-35) from OCM-100 to OCM-50.

Section 3. That the text of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan, under the heading "Cameron Center Coordinated Development District - - Development without a Special Use Permit" be, and the same hereby is, amended to increase the height permitted without a CDD development special use permit from 77 feet to 100 feet.

Section 4. That the director of planning and community development be, and he hereby is, directed to record the foregoing Master Plan map and text amendments, as part of the appropriate Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria.

Section 5. That the Braddock Road Metro Station and King Street/Eisenhower Avenue Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby are, reordained as part of the 1992 Master Plan of the City of Alexandria.

Section 6. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 7. That this ordinance shall become effective upon the date at the time of its final passage.







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60. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (Official Zoning Map and District Boundaries) of the City Of Alexandria Zoning Ordinance, by rezoning the properties at 300 and 400 Yoakum Parkway from POS Zone to RC Zone (RZ No. 93-006); Braddock Center from CRMU-H Zone to OCH Zone with Proffer (RZ No. 94-003); 301 South West Street, 310 Holland Lane and 1400-1680 Duke Street from OCM Zone to OCM-100 Zone and OCM-50 Zone, and to adjust the boundaries of Height District No. 5 (RZ No. 94-005), and to extend Height District No. 1 100 feet south of Duke Street between South Henry and South West Streets (RZ No. 94-006) in accordance with the said zoning map amendments heretofore approved by city council. (#29 6/14/94) (ROLL-CALL VOTE)

(A copy of a letter dated June 3, 1994, from Mr. Middleton, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 60; 6/18/94, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Donley "aye" Jackson "aye"
Ticer "aye" Rich left meeting Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3740

AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the properties at 300 and 400 Yoakum Parkway from POS Zone to RC Zone (RZ No. 93-006), Braddock Center from CRMU-H Zone to OCH Zone with Proffer (RZ No. 94-003), and 301 South West Street, 310 Holland Lane and 1400-1680 Duke Street from OCM Zone to OCM-100 Zone and OCM-50 Zone (RZ No. 94-005) and to adjust the boundaries of Height District No. 5 (RZ No. 94-005), and to extend Height District No. 1 100 feet south from Duke Street between South Henry and South West Streets (RZ No. 94-006), in accordance with the said zoning map amendments heretofore approved by city council.

1. The planning commission, on its own motion, has initiated the rezoning of the property known as 300 and 400 Yoakum Parkway (Zoning Map and Tax Map Parcel Nos. 57.00-02-01.04 and 57.00-02-01.05) from POS/Public Open Space to RC/High Density Apartment, as a technical correction to the zoning map to bring the zoning of said property into conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

2. An application has been made by Potomac Club Residences Phase II L.P. to rezone the property known as Braddock Center bounded by First Street, Fayette Street and Braddock Place (Zoning Map and Tax Map Parcel No. 54.01-2-05.02) from CRMU-H/Commercial Residential Mixed Use-High to OCH/Office Commercial High, with proffer; and

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3. The planning commission, on its own motion, has initiated technical amendments to the zoning map to bring the properties at 1400-1680 Duke Street (south side), 301 South West Street and 310 Holland Lane (Zoning Map and Tax Map Parcel Nos. 73.02-08-01 to 73.02-08-06, 73.02-08-08 to 73.02-08-33, and 73.02-08-35) from OCM to OCM-100 and from OCM to OCM-50, and to adjust the boundaries Height District No. 5 to bring the zoning of said properties into conformity with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

4. The planning commission has initiated, on its own motion, the extension of Height District No. 1 to the 1100, 1200 and 1300 blocks of Duke Street (south side), and 306 South West Street (Zoning Map and Tax Map Parcel Nos. 74.01-13-01 to 74.01-13-05 and 74.03-02-01) to a depth of 100 feet from Duke Street to comport with the inclusion of the said area within the Old and Historic Alexandria District; and

5. All requirements of law precedent to the adoption by ordinance of these amendments have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 57. 00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

Section 2. That Sheet No. 54. 01 of the "Official Zoning Map, Alexandria, Virginia, " adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:



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Section 3. That Sheet No. 73.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

Section 4. That Sheet Nos. 74.01 and 74.03 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:


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Section 5. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendments on the said map.

Section 6. That the above-referenced sheets of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 7. That this ordinance shall become effective upon the date at the time of its final passage.

Attachment: Sketch Plans

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94







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61. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend and reordain Section 4-303 (Special Uses) under Section 4-300 (CSL/Commercial Service Low Zone) of Article IV (Commercial, Office and Industrial Zones) (TA No. 94-004), Section 9-301 (Review Required) under Section 9-300 (Signs, Marquees and Awnings within the Old and Historic Alexandria and Parker Gray Districts and on 100 Year-Old-Buildings) of Article IX (Signs, Marquees and Awnings) TA No. 94-003), and to add a new Section 2-163.1 (Light Assembly, Services and Crafts) (TA No. 94-004) to Article II (Definitions), all of the City of Alexandria Zoning Ordinance. (#30 6/14/94) (ROLL-CALL VOTE)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland left meeting
Donley "aye" Jackson "aye"
Ticer "aye" Rich left meeting Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3741

AN ORDINANCE to amend and reordain Section 4-303 (SPECIAL USES) under Section 4-300 (CSL/COMMERCIAL SERVICE LOW ZONE) of Article IV (COMMERCIAL OFFICE AND INDUSTRIAL ZONES) (TA No. 94-004), Section 9-301 (REVIEW REQUIRED) under Section 9-300 (SIGNS, MARQUEES AND AWNINGS WITHIN THE OLD AND HISTORIC ALEXANDRIA AND PARKER GRAY DISTRICTS AND ON 100 YEAR OLD BUILDINGS) of Article IX (SIGNS, MARQUEES AND AWNINGS) (TA No. 94-003), and to add a new Section 2-163.1 (LIGHT ASSEMBLY, SERVICE AND CRAFTS) (TA No. 94-004) to Article II (DEFINITIONS), all of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 4-303 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (0.1) to read as follows:

Section 2. That Article II of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 2-163.1, to read as follows:

Section 2-163.1 Light assembly, service, and crafts. Assembly under this definition is a use engaged in the assembly, predominantly from previously prepared materials, of finished products or parts, and may include processing, assembly, treatment, packaging, incidental storage and sales of such products. Service includes business services otherwise consistent with the definition of light assembly and crafts. Crafts is a use engaged in by artists or craftpersons for the production or creation of individual handmade objects, not mass produced, such as furniture, sculpture, paintings, pottery, glassware, specialized bookbinding and clothing, and may include accessory exhibition and retail space for products created on the premises. It is specifically anticipated that assembly, service



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and craft uses under this definition will not be uses typically associated with industrial uses; will have no discernible impact, including noise, odor, light, glare or vibration, at the nearest property line; that all operations, including storage, will be housed completely within an enclosed building, and will operate with a minimal number of pickups and deliveries by trucks larger than a pickup or a van. No uses related to automobiles or other vehicles or heavy equipment are permitted, and all uses must be designed and operated so as to demonstrate compatibility with the character of neighboring uses and with all uses permitted in the zone.

Section 3. That Section 9-301 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (E), to read as follows:

(E) Prohibited signs. No sign advertising a business, which sign is within 200 feet of and visible from Washington Street, shall be permitted unless it is attached to a building in which the business being advertised is conducted, or unless it is the minimum signage necessary to comply with section 9-7-20 of the city code.

Section 4. That Sections 4-303 and 9-301, and Article II, of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 5. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94

62. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1994. (#31 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 62; 6/18/94, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Cleveland left meeting
Speck "aye" Jackson "aye"
Rich left meeting

The ordinance finally passed reads as follows:
ORDINANCE NO. 3742

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1994, which began on the first day of July 1993 and ends on the thirtieth day of June 1994.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amounts being intergovernmental revenue and interest income whose revenues have been accepted and adjusted but not appropriated in fiscal year 1994, and further that the council does hereby allot the amounts so appropriated to the city departments for fiscal year 1994, as follows:



Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1993, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:







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Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1994, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:



Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94







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63. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make appropriations for the support of the government of the City of Alexandria for fiscal year 1995. (#32 6/14/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated June 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 63; 6/18/94, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

The ordinance finally passed reads as follows:
ORDINANCE NO. 3743

AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, for the payment of interest and principal on the city debt and other municipal expenditures and expenses, and for other purposes, for the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to section 6.07 of the city charter, the sum of $302,152,942 be and it hereby is appropriated for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995.

Section 2. That, pursuant to section 6.07 of the city charter, the sum of $302,152,942 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995 be and it hereby is further appropriated to the following city departments, major operating units and major categories of expenditures in the amounts set forth below:

Department/Unit/Category of Expenditure Appropriation

City Council $398,587
City Manager 689,589
Citizens Assistance 478,697
Human Relations 1,168,775
18th Circuit Court 534,841
18th General District Court 82,700
18th Juvenile Court 23,220
Commonwealth Attorney 1,562,794
Sheriff 13,046,492
Clerk of Courts 1,165,745
Law Library 115,941
Other Correctional and Judicial 1,919,734
Court Services Unit 350,742


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Financial and Information Services 8,732,309
City Clerk and Clerk of Council 211,487
Personnel 1,294,415
Planning and Community Development 1,909,189
City Attorney 967,122
Registrar of Voters 478,784
General Services 7,233,021
Transportation and Environmental Services 17,011,444
Transit Subsidies 8,437,594
Fire 18,726,194
Police 24,784,086
Office of Housing 3,001,485
Mental Health/Mental Retardation/ Health 5,149,834
Human Services 23,625,917
Human Services Contributions 968,670
Office of Historic Alexandria 2,552,139
Recreation, Parks and Cultural Activities 10,090,622
Library 3,353,374
Schools 89,305,927
Other Educational Activities 13,814
Internal Service 2,365,909
Contingent Reserves 1,592,425
General Debt Service 11,050,739
Non-Departmental 5,942,665
Capital Projects 17,069,470

TOTAL APPROPRIATIONS $302,152,942

Section 3. That, pursuant to section 6.07 of the city charter, the sum of $302,152,942 appropriated in section 1 of this ordinance for the support of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995 be and it hereby is further appropriated to the following principal objects of city expenditures:

Object of Expenditures Appropriation

Personnel Services $ 110,038,773
Non-Personnel Services 73,468,411
Capital Outlay 1,020,047
Library 3,353,374
Schools 89,305,927
Alexandria Transit Company 4,709,770
Pilot Recycling Program 821,261
Equipment Replacement 2,365,909
Capital Projects 17,069,470

TOTAL APPROPRIATIONS $302,152,942

Section 4. That the sum of $302,152,942 appropriated in section of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of.June 1995 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

General Property Taxes $142,754,000
Other Local Taxes 52,177,000
Permits, Fees and Licenses 1,221,240
Fines and Forfeitures 2,982,000
Intergovernmental Revenue 55,509,183






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Charges for Services 16,531,574
Revenue from Use of Money and Property 5,185,500
Miscellaneous Revenue 1,081,109
Sale of Land 60,000
Unreserved Fund Balance - General Fund 6,897,743
Unreserved Fund Balance - Capital Retained Earnings - Internal Service Fund 684,123
General Obligation Bond Proceeds -
TOTAL ESTIMATED REVENUE $302,152,942

Section 5. That, pursuant to section 6.14 of the city charter, the sum of $17,069,470 be and it hereby is appropriated for capital improvement project expenditures of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995. This sum, which consists of the $17,069,470 appropriated as Capital Projects in section 2 of this ordinance, is appropriated to and for the following capital projects which are included in the fiscal year 1995 capital improvement budget adopted by city council on April 28, 1994: city capital improvement project nos. 002-003 (New Central Library), 003-014 (Mt. Vernon Ave.), 003-019 (Streams & Waterfront Dredging), 004-001 (Chinquapin Park & Recreation Center), 004-012 (Park Improvements), 004-015 (Northern Virginia Regional Park), 004-033 (Landscaping Public Sites), 004-179 (Recreation Center Improvements), 005-020 (City Building Improvements), 009-039 (Traffic Control), 010-001 (Rapid Rail Capital), 010-002 (Bus/Rail Capital Replacement), 011-012 (Sidewalk, Curb & Gutter Improvements), 011-075 (Utility Undergrounding & Street Lighting), 011-083 (Braddock Road Metro Improvements), 011-090 (Clermont Avenue), 011-096 (Bridge Repairs), 011-097 (King Street Metro Improvements), 011-104 (King & Beauregard Grade Separation), 013-010 (Combined Sewer Separation), 015-001 (Computer System Upgrades), 015-002 (Cable TV Information System), 016-001 (Northern Virginia Community College), and the Alexandria City Public Schools capital projects identified in the schools' capital budget approved by the school board on November 4, 1993.

Section 6. That the sum of $17,069,470 appropriated in section 5 of this ordinance for capital improvement project expenditures of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995 is estimated to be derived from the following sources of revenue:

Source of Revenue Amount

Unreserved Fund Balance - General Obligation Bond Proceeds
Fiscal Year 1994 Issue 9,200,000

TOTAL ESTIMATED REVENUE $17,069,470







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Section 7. That the sum of $302,152,942 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each city department, major operating unit and major category of expenditure, to the following funds maintained by the city, as set forth below:

[CHART]




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Section 8. That the sum of $302,152,942 appropriated in section 1 of this ordinance for the support of the government of the City of Alexandria in the fiscal year beginning on the first day of July 1994 and ending on the thirtieth day of June 1995 is, for accounting purposes and in accordance with generally accepted accounting principles, attributed, for each major source of revenue, to the following funds maintained by the city, as set forth below:

[CHART]

Section 9. That the sum of $86,269,809 be and it hereby is authorized to be transferred between the following funds maintained by the city, as set forth below:

From Amount To Amount

General Fund $14,986,676 Special Revenue Fund-General $14,986,676
General Fund 69,035,363 Special Revenue Fund-Schools 69,035,363
General Fund 2,247,770 Alexandria Transit Company 2,247,770

TOTALS $86,269,809 $86,269,809



Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/14/94
First Reading: 6/14/94
Publication: 6/16/94
Public Hearing: 6/18/94
Second Reading: 6/18/94
Final Passage: 6/18/94







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

64. SUP #2428-D - Public Hearing and Consideration of a review of a special use permit for an automobile repair garage with detailing and cleaning service and storage for limousines at 615 South Pickett Street, Units C and D; zoned CG/Commercial General. Applicant: Hazim Al Asad.

65. SUP #2793 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a six-story, 79,665-net-square-foot commercial office building with retail space and two levels of underground parking. The applicant is seeking a special use permit for an increase in the density. The site contains 0.61 acre of land zoned OCH/office Commercial High. Applicant: Development Resources, Inc., by Carey C. Majeski, developer, agent.

66. SUP 2794 - Public Hearing and Consideration of a request for a special use permit for a Transportation Management Plan (TMP) for the 1700 Prince Street development consisting of 79,665 net square feet of office space with retail space. The site contains 0.61 acre of land zoned OCH/Office Commercial High. Applicant: Development Resources, Inc., by Carey C. Majeski, developer, agent.

67 SUP #2808 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out and delivery service and for a parking reduction at 3817 Mount Vernon Avenue; zoned-CDD/Coordinated Development District. Applicant: Kwok Keung Chiu.

68. SUP #2785 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 66-unit townhouse development. The applicant is seeking a special use permit for an increase in density, to allow private street frontage instead of public street frontage, and to allow compact spaces to meet the parking requirement for the property located at 205 North Breckenridge Place. A modification to reduce open space is requested. The site contains 3.1363 acres of land zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Wanagan O. Hairabedian, by Mark Fields, agent.

COMMISSION ACTION: Deferred 6-0
Reason: To permit the applicant time to revise the plan.
69. SUP #2807 - Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant located at 3013 Colvin Street; zoned I/Industrial. Applicant: Pizza Hut of Washington -- Pizza Hut, Inc., by William C. Thomas, Jr., attorney.







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70. TA #94-006 - Public Hearing and Consideration of a text amendment that would require restaurants in the Special Parking District to ensure that employees who drive to work not park on any public right-of-way after 5:00 p.m. Staff: Department of Planning and Community Development.

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilmen Jackson and Speck and carried on a vote of 5-to-0, City Council noted the deferrals and withdrawal. The voting was as follows:

New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

The resolution reads as follows:
RESOLUTION NO. 1696
WHEREAS, the Alexandria City Council has this 18th day of June, 1994, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council moved to reconsider Docket Item No. 35. The voting was as follows:






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WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council passed the Ordinance on First Reading, scheduled the Ordinance described in Docket Item No. 35 for Public Hearing, [Second Reading and Final Passage) on June 28, 1994, with the conditions regarding the sale of alcohol and the provision on predominance of a full-service restaurant. The voting was as follows:

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 5-to-0, at 8:10 p.m., the Public Hearing Meeting of Saturday, June 18, 1994, was adjourned. The voting was as follows


APPROVED BY:



_____________________________


ATTEST:



______________________________
Beverly I. Jett, CMC City Clerk







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This docket is subject to change.

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