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<br />March 25. 2008 <br /> <br />(h) All taxes and fees in connection with the proposed use shall be paid when due. <br /> <br />(i) If the Chief of Police, in his discretion, determines that there are sufficient <br />violations of this type to comprise a significant law enforcement problem, he shall so <br />notify the applicant in writing and shall provide a copy of such notice to the Director of <br />Planning. <br /> <br />If, within six months of the date of such letter, the Director of Planning determines that <br />the offenses against peace and good order are continuing, then he may initiate <br />proceedings for the revocation of this permit. Provided, however, that if at any time <br />problems exist of such a severity that the Chief of Police determines that there is a <br />significant risk to public safety or peace and good order of such proportions as to create <br />a risk of blight, revocation proceedings may be initiated by the Director of Planning <br />regardless of the six-month requirement. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Moody, Psimas, Randall, D. Smith, R. Smith, Holley <br />Nays: None <br />Abstain: Heretick (Still Inc. is a corporate client) <br /> <br />- City Manager's Report - <br /> <br />08 - 159 - Adoption of an ordinance granting an ordinance cable franchise to Cavalier <br />IP TV, L.L.C., to construct, operate and maintain a cable system in the City of <br />Portsmouth. Vision Principle: Bold New Directions. <br /> <br />Background: <br />. Cavalier IPTV, LLC, has proposed an ordinance cable franchise pursuant to <br />sections 15.2-2108.21 and 15.2-2108.22 of the Code of Virginia <br /> <br />Discussion: <br />. The General Assembly adopted section 15.2-2108.21 Ordinance Cable <br />Franchise, thereby allowing entrance into the marketplace of new cable providers. In <br />accordance with this law, Cavalier IPTV, LLC has requested an ordinance cable <br />franchise in the City and has provided a proposed ordinance cable franchise for <br />adoption. <br /> <br />Financial Impact: <br />. Cavalier will provide to the City a Public, Educational and Governmental (PEG) <br />Capital Grant Surcharge Fee to the City in the amount of 1.5% of Cavalier's gross <br />revenues. <br />. Cavalier will provide to the City a franchise fee on a quarterly basis which will be <br />equal to 5% of Cavalier's gross revenues or such other amount which may be <br />subsequently permitted by state or federal law. <br /> <br />Staff Recommends: <br />Adoption of ordinance. Vision Principle: Bold New Directions. <br /> <br />Next Steps Following Council Action: <br />. The City Manager will have the authority to sign the ordinance cable franchise <br />and Cavalier may begin offering its services to the citizens of Portsmouth <br /> <br />Motion by Mr. Heretick, and seconded by Mr. R. Smith, to adopt the following <br />ordinance, and was adopted by the following vote: <br />