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2022 -66 <br />AN ORDINANCE ACCEPTING THE BID SUBMITTED BY LUMOS <br />TELEPHONE LLC FOR A NON - EXCLUSIVE F I B E R FRANCHISE <br />AGREEMENT HAVING A TERM OF SEVEN YEARS WITH TWO RENEWAL. <br />TERMS AUTHORIZING THE PLACEMENT OF FIBER FACILITIES WITHIN <br />THE CITY'S PUBLIC WAYS. <br />WHEREAS, pursuant to the provisions of Section 15.2 -2100, et seq., of the Code <br />of Virginia of 1950, as amended, the City of Portsmouth has invited bids for a Non - <br />Exclusive Fiber Franchise Agreement authorizing the placement of Fiber Facilities within <br />the city's public ways; and <br />WHEREAS, the requirements of Sections 15.2 -2101 and 15.2 -2102 of the Code <br />of Virginia, 1950, as amended, have been met and the Council has carefully considered <br />all bids submitted, <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br />1. That Lumos Telephone LLC ( "Lumos ") being the highest responsible <br />bidder, its bid for a Non - Exclusive Fiber Facilities Franchise Agreement having a term of <br />seven years with two renewal terms of seven years each is hereby accepted. <br />2. That the City Manager is authorized to execute a Non - Exclusive Fiber <br />Franchise Agreement in substantially the form set forth in Exhibit A hereto (the <br />"Agreement ") on behalf of the City of Portsmouth and to do all things necessary and <br />proper to carry out its terms. <br />3. That any and all rights granted to Lumos hereunder shall be of no force or <br />effect until the Agreement has been fully executed. <br />4. That this ordinance shall take effect on the date of its adoption. <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held <br />on September 13, 2022. <br />Teste: <br />City Clerk <br />