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L75 <br /> <br />December 4, 1973 <br /> <br /> At a regular meeting of the City Council, held on December 4, 1973, there were <br />present: <br /> <br />E. Saunders Early, Jr., James W. Holley, Isaac W. King, Raymond B. Smith, <br />H. M. Myers, Jr., Assistant to the City Manager, W. J. O'Brien, Jr., City <br />Attorney. <br /> <br />Absent: ~ack P. Barnes, Burrell R. Johnson, Robert W. Wentz, Jr. <br />Vice Mayor Isaac W. King presiding. <br /> <br />Prayerawas 6ffe~ed-?by:'~Ac~=~ayof!King. <br /> <br /> Motion of Mr. Smith and seconded by Mr. Holley, minutes of November 27, 1973, to <br />be approved as received, was adopted by the following vote: <br /> <br />Ayes: Early, Holley, King, Smith <br />Nays: None <br /> <br />The {61iowing reports from the City ~anager were ~ead: <br /> <br /> 73-498 "I submit the attached orRinance~and recom.~endthat it be placed on first <br />reading. These amendments have been prompted by several suggestions of prospective <br />bidders and by the necessity to make the franchise more desirable for bidders in light <br />of recent events which have created a discouraging financial picture for cable system <br />operators throughout the cable television industry. <br /> <br />In general, the amendments make the following changes: <br /> <br />(1) The discretiog~y&~enewal period has been changed from <br /> five to ten years. <br /> <br />(2) The City's right to purchase the cable system upon <br /> expiration of the franchise shall be made contingent <br /> upon its willingness to pay full fair market value <br /> therefor instead of fair market value minus good <br /> will (the valuation criteria as stated in the present <br /> ordinanceS. Also, an appraisal system is established <br /> to determine such fair market value. <br /> <br />(3) The requirement as stated in the present ordinance that <br /> a second trunk be laid initially for future activation <br /> as a point to point service net has been eliminated. <br /> Instead, the amended ordinance will require that as <br /> future demand requires, extra channel capacity will <br /> be added by the franchisee. <br /> <br />(4) Various penalties under Section 5A-76 have been decreased <br /> as follows: <br /> <br />5A-76(a) From $500.00 to $350.00 <br /> <br />SA-76(b) From $500.00 to $350.00 <br /> <br />5A-76(c) From $250.00 to $100.00 <br /> <br />SA-76(f) From $250.00 to $100.00 <br /> <br />(s) <br /> <br />Various other changes have be~n made which are purely <br />technical in character for the purpose of smoothing out <br />some rough spots in the present ordinance." <br /> <br /> On motion of Mr. Early and seconded by Mr. Smith, the followinggordinance was <br />approved on first reading, and by the following vote: <br /> <br />"AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTM, VIRGINIA, <br />1961, BY AMENDING SECTIONS 5A-9, 5A-14, SA-18, SA~21, 5A-28, 5A-29, <br />5A-48 and 5A~76 THEREOF PERTAINING TO CABiE TV COMMUNICATIONS SYSTEm, S." <br /> <br />Ayes: Early, Hotley, King, Smith <br />Nays: None <br /> <br /> 73-499 "I submit the attached ordinance and recommend that it be placed on first <br />reading. By this ordinance, the revised City Code entitled "Code of the City of Portsmou~ <br />1973" will be adopted and made effective from and after February 1. 1974. <br /> <br /> It is anticipated that prior to February 1, distribution will be made within the <br />City Government of the two-volume set of the newly published Code." <br /> <br /> On motion of Mr. Smith and seconded by Mr. Early, the following ordinance was <br />approved on first readimg~,and by the following vote: <br /> <br /> <br />