Title
Ordinance Granting a Nonexclusive Franchise Agreement to Lumos Telephone LLC to Occupy and Use the Public Streets and Public Rights-of-Way Located in the City of Hampton for Providing Telecommunications Services
Purpose
PURPOSE/BACKGROUND:
Lumos Telephone LLC (“Lumos”), a Virginia limited liability company, contacted the City of Hampton (the “City”) and advised that they desire to use and occupy the public streets and public rights-of-way located within the City for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City to provide services to the citizens of the City. Therefore, Lumos requested that the City grant a telecommunications franchise to them to provide the services that they propose. Pursuant to the Constitution of Virginia and the Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the public streets and public rights-of-way. The franchise term requested by Lumos is for a period of five (5) years, which does not necessitate the bid process required under §15.2-2100 of the Code of Virginia, 1950, as amended.
City staff recommends allowing Lumos to use the public streets and public rights-of-way, subject to the terms and conditions set forth in that certain nonexclusive franchise agreement between the City and Lumos titled “CITY OF HAMPTON, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH LUMOS TELEPHONE LLC” (the “Agreement”) attached to this Ordinance as “EXHIBIT 1”, and further subject to all applicable local, state, and federal ordinances, laws, regulations, and policies in effect or that may be adopted in the future.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Hold public hearing and approve the Ordinance.
Body
WHEREAS, Lumos Telephone LLC (“Lumos”) is a limited liability company duly organized and existing under the laws of the Commonwealth of Virginia;
WHEREAS, Lumos desires to use and occupy the public streets and public rights-of-way located within the City of Hampton (the “City”) for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City;
WHEREAS, Lumos has requested that the City grant a telecommunications franchise to allow them to provide the proposed services to the citizens of the City;
WHEREAS, pursuant to Article VII, Section 9 of the Constitution of Virginia and Chapter 21 of Title 15.2 of the Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the public streets and public rights-of-way;
WHEREAS, the public streets and public rights-of-way are a valuable public resource that have required and will continue to require substantial investment by the City;
WHEREAS, the City finds that it is in the public interest of its citizens to enter into a franchise agreement consistent with all applicable laws to minimize inconvenience and disruption to the public, to provide for the orderly and efficient use of the public streets and public rights-of-way now and in the future, and to preserve adequate capacity for existing and future uses of the public streets and public rights-of-way;
WHEREAS, the City is agreeable to allowing Lumos to use the public streets and public rights-of-way, subject to the terms and conditions set forth in that certain nonexclusive franchise agreement between the City and Lumos titled “CITY OF HAMPTON, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH LUMOS TELEPHONE LLC” (the “Agreement”) attached to this Ordinance as “EXHIBIT 1”, and further subject to all applicable local, state, and federal ordinances, laws, regulations, and policies in effect or that may be adopted in the future;
WHEREAS, the franchise term requested by Lumos is for a period of five (5) years, which does not necessitate the bid process required under §15.2-2100 of the Code of Virginia, 1950, as amended; and
WHEREAS, the City should grant the aforesaid nonexclusive franchise to Lumos subject to the execution of the Agreement in substantially the same form as attached hereto as “EXHIBIT 1” by the parties.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia as follows:
1. That the grant of the aforesaid telecommunications franchise to Lumos Telephone LLC is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized to execute the Agreement attached hereto as “EXHIBIT 1”, in substantially the same form as set forth in this Ordinance, and to take any and all actions necessary to carry out the purposes of this Ordinance, subject to approval by the City Attorney.