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HomeMy Public PortalAbout1970_01_14 11 6 MINUTES OF REGULAR MEETING OF -LEESBURG TOWN COUNCIL, JANUARY 14 , 1970. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street, Leesburg, Virginia , on January 14 , 1970 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Orr offering the prayer. Those present were : Mayor Kenneth B . Rollins , Councilmen G. Dewey Hill, Frederick R. Howard, Walter F . Murray , Robert A. Orr, John W. Pumphrey and John A. Wallace , Jr. , also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The Minutes of the regular meeting of December 10, 1969 were ap- proved as written. , Town Manager Ritter reported the following : (1) He explained several of the appropriations needed in Item (1) on the Agenda . (2) The two monitors for the Police cars are necessary in order that the Police may know from which direction fire and rescue vehicles are coming and going. (3) Tri-County Asphalt 's proposal to construct Edwards Ferry Road is lower at this time than it would be in the spring or summer. This is a Major Thorofare Street and should be constructed with a 70-foot right-of-way, however, at the present time , it would have to be built on a 50-foot right-of-way . The Telephone Company and Power Company would have to move some equipment and we do need additional right-of-way. (4) He hired a man to be a future Sewer Plant Operator and he was sent to school in Hagerstown, but decided this was not his kind of work and quit after one day. (5) Both Mr. Phillips and Mr. Owens had been asked by Council to - take up the matter of legislation re advertising airport property before it could be leased by a municipality . Mr. Phillips has advised- that this cannot be changed unless the Constitution of Virginia would be amended. (6) The Northern Virginia Regional Planning Commission has advised that new members joining would not have to pay any dues for the balance of this fiscal year. (7) He met with Mr. Patteson of Dewberry, Nealon and Davis the other day in discussing a formula for water and sewer lines outside the corporate limits , and he should have some definite formula to present in a week or two. (8) Regarding the Master Plan study , there have been seven (7) Consultants interested in this and he and Mr. Forbes have met with all of them, spending a considerable amount of time on this project . It is still in the discussion stage . It has been narrowed down to 2 or 3 of these consultants now. (9) No action has been taken with regard to the sale of the old Sewer Plant property since Mr. Warner gave his appraisal. Mr. Warner has said he will be glad to meet with the Utility Committee at any time . (10) The Street Committee still has under study the downtown flood- ing problem and Lee Phillips has plans on this project . (11) Nothing has been heard from Frank Myers since our offer to purchase his Well for $10,000 . Councilman Pumphrey commented that Mr. / Myers does not yet have a figure from his appraiser. JMayor Rollins presented a letter for the record from the Virginia Historic�V Landmarks Commission, advising that the Leesburg Preservation Zone has been included in the Virginia Register and the National Register. Mayor Rollins also stated that he was instrumental in suggesting • • that the Hospital Road have a 70-foot right-of-way , in order that this be a nice looking road, with a median strip with lights and some sort of beautification, since it is a road that will be used a great deal. 117 MINUTES OF JANUARY 14, 1970 MEETING. Councilman Hill commented that we have no idea how much the owners want for this land and the price could be too prohibitivn�o include this extra land, however, he thinks the road is necessary� we should do something about it just as soon as possible . Mayor Rollins said he thinks this should be considered anyway . Councilman Hill said, if we are going to make our section of the road a nice. looking one , thenhe would think the Hospital should make their section equally as nice look- ing. Mr. Ritter said he had talked with Mr. Phillips and asked for an answer on the price of this land before Mr. Phillips left for Legisla- ture in Richmond and Mayor Rollins said he had talked with him about it too, however, we still have no answer. Councilman Murray commented concerning the water quality control hearings being . conducted regarding the Potomac River. This was dis- cussed by Mr. Murray and by Mr. Ritter, who said he and Mr. Moody are both _ thoroughly familiar with what is going on in this regard. They failed to attend a meeting regarding this in Fairfax on Monday due to a meeting here which ran longer than they had anticipated, however, they are well aware of the situation, andLkeeping an eye on it . Mayor Rollins also commented on this situation, stating that he believed Virginia was going to be forced to get off of the Blue Plains Plant very soon. It is pos- t sible that we might have to build a holding pond sooner than we had an- ticipated. On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : (a) . $ . 285 . 77 - Yount, Hyde & Co. Supplemental Appropria- tion for Audit . . (b) 115 .00 - Walter L. Phillips . Drawing plat for street dedication through Lucas Phillips land. General Fund-Capital Outlays - Engineering. (c) 19. 70 - A & E Blueprinters . Printing during month of October. 1969 Bond Issue . (d) :1;000.00 - Supplemental Appropriation. Utility Fund- Equipment Repairs . (e) 480.00 - Johnson & Williams . RevisiohitO Rt. 15 South Sewer Plans . 1969 Bond Issue. (f) 5 ,531.40 - Maryland Excavators . Part payment on Rt . 654 Sewer. 1969 Bond Issue . (g) 7 ,022 .65 - Sydnor Pump & Well for installation of pumping equipment in Myers Well . Utility Fund - Capital Outlays . (h) 7 . 90 - A & E. Blueprinters . Printing during month of November. 1969 Bond Issue . (i) 1,000.00 - Supplemental Appropriation - Other Services & Supplies - Repairs & Supplies . (j ) 800.00 - Supplemental.Appropriation - Other Services & Supplies - Telephone . (k) 1,996 .00 - Semi-Annual Interest paid Jan. 1 on Airport Bonds . (1) 34,304 . 94 - English Constr. Co. for Est . #15 on Project S-I . (m) 1,821.80 - Johnson & Williams . Engineering Coordination on Contracts S-I , S-II , and S-III . 118 MINUTES OF JANUARY 14, 1970 MEETING. . On motion of Councilman Pumphrey , seconded by Councilman Wallace, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to purchase two (2) Scanner Monitors for the Police Department at an approximate cost of $300 . This motion was discussed and Chief of Police Karlton Kirk stated that he could not see the value of the Scanner Monitor, he believed the plain monitor would be all that would be needed, the main concern being in having contact with Fire Control here . After further discussion, on motion of Councilman Orr, seconded by Councilman Pumphrey , a roll call vote showed a vote of 5. to 2 to table this motion, with Councilman Wallace and Mayor Rollins voting against tabling it . It was decided that this matter would be taken up at the next Finance Committee meeting and Councilman Orr asked that all Police be present at this meeting. On motion of Councilman Pumphrey , seconded by Councilman Howard, the following resolution was offered: BE- IT RESOLVED by the Town Council of the Town of Leesburg , • that Tri-County Asphalt Co. be awarded a contract to construct Edwards Ferry Road from Mayfair Drive to By-Pass ramp, in ac- cordance with their proposal of December 16 , 1969, in the a- mount of $32,791 . 70 . Discussion revealed that this project has not been budgeted, however, Mr . Ritter said he understood that Tri-County would be willing to wait for most of this money until July 1st, the paving cannot be done until April anyway . Councilman Hill said there are rights-of-way needed and he believed this motion should be contingent on this . Mr. Ritter said they have talked with Mrs . Carr and she has said to let her know when we are ready to=.build this road. Town Attorney Martin said there would have to be Deeds of Dedication when the property. along this road is de- veloped. Mr. Martin was asked to draw up the Deeds of Dedication and, once we get the rights-of-way needed, then we can let the contract. Mr. Ritter said that, since this road is in the Major Thorofare Plan, it will ultimately be a 70-foot right-of-way , although only 50 feet will be built at this time . Council was in complete agreement that this - should be a 70-foot right-of-way and that the Deeds of Easement should include the 70 feet . On motion of Mayor Rollins , seconded by Councilman Wallace, this resolution was unanimously tabled, however, to be placed on the Agenda for the next session of Council. • On-motion of Councilman Howard, seconded by Councilman Hill , and after a great deal of discussion, the following resolution was unani- mously adopted : WHEREAS, the Town: of Leesburg has agreed to participate in the cost of construction of a sanitary sewer line through the land of John C. Wright , with the Town paying the dif- ference in cost - between a 21" sewer and a 12 ' sewer, and WHEREAS, bids were secured by Mr. Wright , with Jennings Construction Corp . submitting the lowest difference in bid between the 21" sewer and the 12" sewer, the amount being $10,507 , • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Mr. John C. Wright be advised that the Town of Leesburg is willing to pay an amount of $10,507 on ' the installation of 2 ,335 feet of 21" sewer line , in ac- cordance . with plans prepared by Payne Associates dated Sep- tember, 1969. • The cost of running this - line to serve the Dry Mill Subdivision was questioned by Councilman Wallace. Councilman Hill spoke of the problems cropping up in this subdivision with septic fields . Mr. Ritter said the approximate cost per- foot to run the line to -Dry -Mill Subdivision would be $6 ,000 to $7 ,000 , and it would be approximately 1200 feet from the sewer line to the Baptist Church property . It seemed to be the gene- ral consensus , though, that this would be the most feasible and economical way of sewering this subdivision at a future date. 119- 4 MINUTES OF JANUARY 14, 1970 MEETING. -- On motion of Councilman Orr, seconded by Councilman Murray, the following resolution was unanimously adopted: . WHEREAS, the term of office of Paul McDonald as a member of the Leesburg Planning Commission expired on December 31, 1969, and WHEREAS, a member should be appointed or reappointed, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, . that Paul McDonald, a duly qualified freeholder in the Town of Leesburg , Virginia , be and he is hereby appointed to serve as a member of the Leesburg Plan- ning Commission for a term of four years , beginning on Janu- ary 1, 1970 and ending on December 31, 1973 . Discussion was held regarding the status of the funds in the 1969 Bond Issue Account . The question was raised as to when the $35 ,000 on the water system would have to be paid to Johnson and Williams . Mr. Ritter said it would probably have to be paid before the end of the ;9 fiscal year - we will owe it to Johnson and Williams for design and, p if he completes the design on the Filtration Plant , we will owe him this and then some more . Mr. Ritter outlined several projects that have been paid for out of the Bond Issue Account that had not been an- ticipated. He said he believes the fallacy was in the $500,000 estimated for Contracts S-I , S-II , S-III and S-IV, this was not enough money. Mayor Rollins said emphatically that he would not be in favor of raising utili- ty rates. to take care of this shortage, he does not think it fair to raise utility rates to pay for capital outlay improvements . He also said we have more money in the Utility Fund now than we had last year at this time . Mr . Ritter pointed out that the purpose of this report was just to let the Council know where we stand as of now, we are not hurting for money yet. Mayor Rollins said he would rather borrow money on a two or three year note and pay it back in annual installments , rather than raise utility rates . Discussion continued on the Budget appropriations and expenditures and the Bond Issue Account , with no action taken. On motion of Councilman Murray , seconded by Councilman Wallace, the following resolution was offered : WHEREAS , the construction of physical improvements in Country Club Subdivision is secured by certain deeds of trust , with Mr. Martin and Mr. Engle being Trustees , and WHEREAS , certain work has been completed with a value of $93 , 781 , and there remains to be done certain work estimated to cost $13 ,000 , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that Mr. Martin and Mr. . Engle be authorized to release the note in the amount of $56 ,000, and retain the other notes totaling $57 , 792 until the work is completed. After a great deal of discussion , on motion of Mayor Rollins , seconded by Councilman Wallace, the resolution was unanimously tabled until the next session of Council. On motion of Councilman Wallace , seconded by , Councilman Howard, the following resolution was unanimously adopted: • BE IT RESOLVED, that the First National Bank. of Purcellville, Purcellville, Virginia , is hereby designated as the depository of the Town of Leesburg, in Virginia , and that a checking ac- count shall be maintained at said bank in the name , "Town of Leesburg , Virginia , Airport Fund". • BE IT FURTHER RESOLVED, that checks , drafts , bills of exchange, and acceptances or other orders for the payment of money from said account shall be signed , on behalf of this Town and in its name , by any two of the following officers , namely : Town Mana- ger, Town Treasurer and Deputy Treasurer. 120 MINUTES OF JANUARY 14 , 1970 MEETING. -- BE IT FURTHER RESOLVED, that the Treasurer is hereby author- • ized on behalf of this Town and in its name , to endorse checks , bills , certificates of deposit, or other instruments owned or held by this Town, for deposit in said account or for collec- tion- by said bank ; however , the endorsement of such instru- ments may be made by rubber stamp endorsement containing the name of this Town without a signature , or by the endorsement of any person by such writing as to designate that the instru- ment is intended to be credited to the said account ; to accept drafts , acceptances , and other instruments payable at said bank; to waive demand, protest and notice of protest or dishonor of any check, note , bill of exchange, draft, or other instruments made, drawn or endorsed on behalf of this Town. However, strict . compliance as to the words "Town Manager, " "Treasurer," or "Deput Treasurer, " appearing after the names of said officers on any of said instruments for the payment of money from said checking ac- count shall not be required. BE IT FURTHER RESOLVED, that First National Bank of Purcellville , • • Purcellville , Virginia , is hereby authorized to honor, receive, certify , or pay all instruments signed in accordance with these resolutions , even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the individual obligation of any such officer, or for de- posit to his personal account , and said bank shall not be re- quired, or be under any obligation to inquire as to- the circum- - stances of the issuance , or use of any instrument signed in ac- cordance with these resolutions , or the application, and dis- position of such instrument , or the proceeds thereof. • BE IT FURTHER RESOLVED, that First National Bank of Purcellville , Purcellville , Virginia, is hereby relieved of and discharged from any and all liability by reason of the payment of checks , drafts , notes, bills of exchange , acceptances , or other orders that have heretofore been charged against the account of this Town with said Bank, regardless of the signatures thereto, and the manner in which said signatures are made , and said Bank is further re- lieved of and discharged from any and all liability by reason of the acceptance of any checks , bills of exchange, or other instruments that have heretofore been deposited to the account of this Town with said Bank, = regardless of the endorsement thereon and the manner in which such endorsements were made . BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer- tify to said Bank, the names and signatures of the presently duly qualified and acting town manager, treasurer and deputy treasurer of this Town, and the Clerk of the Council shall , from time to time hereafter as changes in the personnel of said officers are made, certify such changes to the bank, and the bank shall be fully protected in relying on such certifications of the Clerk of the Council and shall be indemnified and saved harmless from any claims , demands , - expenses , loss - or damage resulting from, or growing out of honoring the signatures of any officer so certi- fied, - or in refusing to honor any signature not so certified, or in refusing to honor any signature which may be replaced through changes made by any such certification. BE IT FURTHER RESOLVED, that said bank is hereby authorized and directed to rely and act upon the foregoing resolutions from and after the date of their adoption, and that the foregoing resolutio s shall remain in full force and effect until written notice- of their amendment or rescission shall have been received and ac- knowledged by said bank, and that receipt of any such notice shall not affect any action taken-by said bank prior thereto. BE IT ALSO RESOLVED, that the Clerk of the Council is hereby au- thorized and directed to certify to First National Bank of Pur- cellville, Purcellville , Virginia, the following resolutions : "That the provisions thereof are in conformity with the charter and ordinances of this Town, and the laws of the State of Virginia ." 121 . MINUTES OF JANUARY 14 , 1970 MEETING . , I , the Clerk of the Council of the Town of Leesburg, in Virginia, further certify that the Council of the Town of Leesburg is au- , thorized and empowered to adopt the foregoing resolutions by virtue of its charter and ordinances , and pursuant to the laws of the State of Virginia . I further certify that the names and official signatures of the presently duly qualified and acting Town Manager, Treasurer, and Deputy Treasurer of the Council of said Town are as follows : Office Name Official Signature IITown Manager James W. Ritter, Jr. Treasurer George E. Ward Deputy Treasurerfi. Emory Plaster, Jr. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia , by direction of the Council this 14th day of January , 1970 . - CO CD = Clerk of the Council of the `a Town of Leesburg , in Virginia Q Mr. Moody commented on the Amendments to the Water Pollution Con- trol criteria of Virginia . He said he has made a thorough study of this situation and the only way it affects Leesburg is that our Plant must meet certain criteria , which Mr. Williams believes our new Plant will do. Should it not meet this criteria , then we will have to take it from there . On the Sewage Treatment Plant, he said no records have been broken Ion construction in the last several weeks due to bad weather. They are also short-handed, since a lot of their laborers cannot get here from where they live because of bad roads , snowdrifts , , etc . However, they are working in the Control Building. On the two Rt . 654 sewer lines , they are shooting the balance of the rock and, at the same time , they are working on the Rt . 15 By-Pass line . The same contractor is doing both jobs , so he can work on both of them at the same time . On motion of Councilman Murray , seconded by Councilman Pumphrey, the attached Cablevision Ordinance and Legal Notice to advertise same were offered. Councilman Wallace said he was concerned about the two- year clause and did not understand what we might get out of such a system. , He believed it needed more study and suggested that we talk to the Federal Communications Commission and get some other Ordinances from them. The question of the required Performance Bond was also discussed with Mr . Engle and Mr. Martin, both pointing out that this is required by State law. The amount of said Bond could be set by. Council at the time the bid is awarded. Also, the question of whether the franchise could be sold without the approval of Council was raised. This matter was discussed at length, after which two additional paragraphs were added with no objection from Council (these are shown in the attached Ordi- nance) . Councilman Wallace moved that this matter be tabled and re- ferred back to the Laws and Administration Committee, however, this I motion died for lack of a second. A roll call vote was then taken on the adoption of the Ordinance and the Legal Notice , with the vote being 4 to 2 , those against being Councilman Wallace and Mayor Rollins . Council- man Murray asked that the Town Manager contact the Virginia Municipal League and any other source he might know of for any guidelines that might be used regarding this Ordinance . Regarding the Edwards Ferry Road project, Mr. Bozel said it is planned to ask Mrs . Carr and others for a 70-foot right-of-way. There being no further business , on motion of Councilman Murray, seconded by Councilman Howard, the meeting adjourned at 9:50 P.M. b "---e--(-"HC)-'-s--IA' -71 elLf A ' , /9, Mayor 7-L--) Clerk of thjCouncil AN ORDINANCE GRANTING UNTO , ITS SUCCESSORS AND ASSIGNS, AN EXCLUSIVE FRANCHISE, RIGHT OF CONVENIENCE OR PRIVILEGE TO ERECT, OPERATE AND MAINTAIN POLES, CABLES AND ALL OTHER ELECT- RICAL EQUIPMENT, STRUCTURES, OR FIXTURES NECESSARY AND INCIDENTAL TO THE OPERATING OF A COMMUNITY ANTENNA SYSTEM SERVICE AND CLOSED CIRCUIT TELEVISION TRANSMISSION SERVICE, SUBJECT TO THE • LIMITATIONS AND RESTRICTIONS HEREIN SET FORTH UNDER, OVER, UPON AND ACROSS THE STREETS, ALLEYS, SIDEWALKS, AND PUBLIC PLACES OF • THE TOWN OF LEESBURG, VIRGINIA, FOR THE PURPOSE OF ERECTING, OPERATING AND MAINTAINING A COMMUNITY ANTENNA SYSTEM AND CLOS- ED CIRCUIT TELEVISION TRANSMISSION SERVICE FOR THE USE OF THE RESIDENTS AND CITIZENS OF SAID TOWN, AND FOR THE PERSONS, FORMS AND CORPORATIONS DOING BUSINESS THEREIN, AND TO USE THE PROPERTY OF OTHER COMPANIES UPON SUCH ARRANGEMENTS AND CONDITIONS AS THE ' COMPANIES MAY AGREE. • BE IT ORDAINED, by the Council of the Town of Leesburg, County of Loudoun, State of Virginia: SECTION L Short Title. This Ordinance shall be known and may be cited as the " Fra ichise • Ordinance. " SECTION 2. Definitions. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given here- in. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the; singular number include the plural number. The word "shall" is always mandator y and not merely directory. (I) "Town" is the Town of Leesburg, Virginia. (2) "Company" is the grantee of rights under this Franchise. • I (3) "Council" is the Town Council of the Town of Leesburg, Virginia. • (4) "Person" is any parson, firm, partnership, association, corporation, company or organization of any triad. (5) t henever used, in 8he•Orditiance, the words "audio", "video", "television", and "frequency modulation" shall mean a system for•tranamie tion of audio signals and visual images, or the•separate transmission of either of them, •by means of • electrical impulses. SECTION 3. Grant of Authority. There is hereby granted by the Town to the Company the exclusive right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and cinder the streets, alleys; public ways and public•places now paid out or dedicated, and all extensions thereof, and additions thereto, in the Town, poles; wirer, cables, underground conduits, manholes and other television conductor° and i i'cturea necessary#b''the maims- • once and operation in the Town of a community television system for•the inter- ' caption, sale end distri tion of television aignala. , • SECTION 4. Compliantr5 with Applicable Laws and Ora/anew. The. Company shall, at all times during the life of this Franchise, be subject to all . lawful exercise of the police power by the Town, and to such reasonable regulation. " . as the Town shall hereafter by resolution or ordinanoa provide. SECTION 5. Company Liability --Indemnification. It is expressly under- stood and agreed by and between the Company and, the Town that the Company shall pave the Town harniler° from nil loss sustained by the Town on account of any snit, judgment, execution, claim, or demand whatsoever, reitlilltiag•trom negli- gence on the'part.of the COmpany in the comstructitm, .operation or•maintenance etas television systeam_ in thaToan. The Town °hall notify the Company's repre- • • oettrtive in the'Town t7ithia►. ¢3ty (90) dayti after the presrtetian of any claim or demand, either by suit.Or ( h6ni°Q,-made•e3ainpt the Town id account of•any • negligence as aforesaid on the part of the Company. . • The Company shall also take out and maintain throughout the term of this • -g- • • • grant insurance against personal injury with limitations of not lees than ' 0100,000.- 0900, 000, and hist/ranee coaSnst property damage in amounts of not leen than $50,000 - 0103,inn for the-bstz it of the Town of Leesburg, Virginia. SECTION 0. The •Coaapany shall install its palen,. Mires,.cables, fixtures ;7;. akd appurtenance® in aceordence with the.requiremento of the National•Electrical' - Cade and the current•E=dition Of the NRtioanl Electrical Safety Code, and eo'as not • to interfere with the igstallatien of the Town, or of any public utility engaged in serving the Teem. 411"poles, pasts, or other structures, and alllines equipment and connections, m, over, unser and over the streets,• sidewalks, alleys sad public grounds or places of this:Town, wherever situated or located, shall at all • • times be kept and mafztdined in a safe, suitable and substantial condition, end in , ;gaud order and repair. . - 'SECTION 7. (a) Tho'dicbribution faeilitiep of,the Coitigany ohAll be at !muse maintained in acad and,cafe t,cw and condition end shall be constructed . sthi$tained-cad.as not to " ac vitisa tQ c 1ooian rekfltian ' inhabitants.of - 't8ie 'ban of Lsedmrg ads V.363 fes?Cas a t•t, ice?. •: ,: ,.. ' C)) In the maainti k as. 0'OZ ooaretion of d telonioion transmission and • t.a.: button system-iii th TotS of. ,.a,,,�^�httra anti in the'bourse of the construction oY cdditions to its sacili¢i0o of rho• Co 'rhn)t ptdseedco.eo to cause the least passible ancon enienee to the general gublib and any opening-or ebctruction in the circlets or other public placed a by the.-Company in the cauree of its operation® 4an21 be maintt}taad in Sana With trip applicable ordinanoea of the Town of • esi sburg (o)• la-the ©rdotiasi•of she anapliid rs; azJter-appliancas or equipment and :1w stringing of cables aeras ter Wiikcs ;IS hGrab anttitirisa, the•Company Shall avoid . . 'tall•untieceseary damage and/ori my to any and all shade trees in and along the •erupts, public'wayn sad pias as is dee Toga and than cut and other • - wise injt rd such trees only to tRae'eatent.neceopary for the atutdtructione, rnaintc-n- ahce, operation and repair of said cables, wires, amplifiers, appliances and other . fixtures of the Company aa herein authorized end provided. •• -3- • I SECTION 8. Condition.a on Street Occupancy. • • (1) Uee. all traaomiseicn•and diotrihutiva strudtures, lines and equip- a1. crected by the Camp*? 'Within the Foes chat be co loci ca to cause • • r fi interfere ce with i e lr v eief GBf'epto, alleys end ether Public ' • t7gglLt d places, end *cause interfgrace with the rights or reason- t convenience of prapirty.baners'w7ho adjoin-any of the paid streets, .alleys , or other public way'$ and placeb. • -(g) .Restoration. •Incar-of any disturbance of pavetent, sidewalk, drive- way or,ether surfacing, the Company shall, at its own cost and expense and in a manner approved-by the Town Inspector, replace and restore all paving, side- ' .tmlk, driveways or surfds;e of any street or alley disturbed, in as good condition as before Said work was commence& . • t' (9) Relocation.. . In the nat.that at tiny time during the pertod of this , " tfrattehise the Tocm shalllawfully elect to alter,' or bhnnge the grade.of, any t ilydy,,or 0a8aar . i ert,:t 04A,9*.1. .r 4rcnbflq ftbtice bq the " of ,`bbtul remove, reltyy, atae la $t0'(g a, aim, scales, underground • etaalnitij,.manholes end oth(r tpltptt+ta4 finterSo 'bt.itt) own Se. 1 (4) . Plaacetnem'of FiSturai. we COMV:3147 c+ tl not piano:poles or other flztures where the same till.$ fcr with any goo, electric or telephone fixture, . • toter hydrant or main, mita)! such pale Cr other fiitturea placed in any street • (3thaII be placed at the outer edge of the sidewalk and inside the curb line, and, °t :)Dm iPk et1 in alleys n 1)1a placed close to the lins,:of the lot abutting on,said S p to= and then In Gush a 1rristur r aa not to interfere With Abe usual travel,on said •• atr4tq. blleyri encl public (8) Tc%rc Yy . . . :_ .,•,: .x . :. -� shall, • 'AAcnl�o4'Qis�a for M m� Qn i)vp rqueat pf;any,(nag to1c t q a'blialitt6 itgovlgel permit iesu2d by'the Toon,• • ' + •.touporarily,raise or lower its wit¢a to permit the movi ig of hut/dingo.: The • • : ctspz4se of such temporery•r moval, -raising or lowering-of wirno,• shall be paid •\ ii • y tte'person requesting the spme, cud the Company shall have the authority to require such payment in advt ce. 'past Company shall be given not less than 4 -4- •• forty-eight hours' advance notice to arrange for such temporary wire changes. ' 1 (6). •Tree Trimming. The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Town an as to prevent the branches of such trees from coming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direction of the Town and at the expense of the Company. (7) Existing poles, posts, and other such structures of telephone and power companies for leasing or licensing at reasonable terms shall be used as practicable in order to minimize interference with travel. I . . SECTION 9. Town Rights in Franchise. • (1) Town Rules. The right is hereby reserved to the Town to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations Bait shall find necessary in the exercise-of the police power, provided that such regulations; by ordinance or otherwise, shall be reasonable, and not in conflict with the tights herein granted, and shall not be in conflict with the laws of the State of Virginia. i � (2) Supervision and Inspection. The Town shall have the right to super- ' . vise all construction or installation work performed subject to the provisions of this Ordinance•and to,make such inspections as it shall find necessary to insure . •compliance with governing ordinances. , (3) All rights, rights of way, and easements hereinabove designated shall remain the property of the Town. ntil such time as said poles or other equipment. are actually installed, and in the ent of future removal of said equipment, said franchise shall immediately rever to the Town and be automatically cancelled. Should said franchise not sooner r vert to the Town, then this grant shall termi- nate and expire Thirty (30) years from the effective date hereof. It being under- stood that the Company, shall have the right at any time during the effective term of this grant to surrender and relinquish all of its rights hereunder and thereupon be released from its duties as herein required. Surrender, by the Company, of ri 's grant shall be preceded by a written notice of its intention to do so at least -5- • I six (6) months before the surrender date. On the surrender date . ' specified in such notice, all of the rights and privileges and all of the obligations , duties and liabilities of the Company ur. • der this ordinance, except previously accrued hereunder, shall terminate. • SECTION 10. Time Period ,for Installation. The Company shall. have Twenty-four (fa4) months from the effective date of this ordi - nance within which to erect, install and energize its system. , Failure of the Company to erect, install and energize its system• within this period shall be determined a breach by the Company and the Town shall have the option to cancel the rights given to the Company by this franchise. SECTION 11. Payment to Town. Amount of payment to be deter- . mined by bid. SECTION 12 . Approval of Transfer. This franchise. shall not be transferred unless such transfer has received the approval of the Town Council of the Town of Leesburg. SECTION 13. Bond. The person or corporation to whom suet' franchise is awarded shall first execute a bond in favor of the Town, pursuant to Section 15. 1-312 of the 1950 Code of Virginia, • as amended. SECTION 14. Publication Costs . The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Company 's filing of acceptance and shall be paid at that time. • SECTION 15. Severability of Provisions. If any provision of this Ordinance, or the application thereof to any person or circumstances , is held invalid the remainder of this Ordinance • and the application of such provision to the person or circumstance shall not be affected thereby and to this end, the provisions of this Ordinance are declared to be severable. SECTION 16. Effective Date. This Ordinance shall take ef- fect from the date of its passage. • ,.y' • • LEGAL NOTICE TOWN OF LEESBURG, VIRGINIA • • Notice is hereby given that pursuant to an ordinance adopt- ed by the Council of the Town of Leesburg, Virginia on •Ja�,a., 43- , 19 /0 , bids will be received for the franchise privileges ' and rights proposed to be granted by such ordinance, such bids to be presented to the presiding officer of the Council of the Town • of Leesburg, Virginia, at a meeting in open session of such Council to be held_.in the Council Chamber, Town of Leesburg, Virginia, on the ___ day of _iI2 r0., 19 'Lei, at :J_3�_ o'clock ,Jfzl• (Eastern Standard Time). After thetreceipt and opening of such bids , the Council will proceed with the consideration of the . granting of Much franchise in the manner prescribed by law. All bids must be in writing and the successful bidder shall pay all costs for advertising the franchise in addition to the . r sum bid by it. The right is hereby expressly reserved to reject any and all bids. The proposed franchise ordinance is as follows: AN ORDINANCE asking bids to be submitted for franchise to use and occupy the streets , alleys , and other public • grounds of the Town of Leesburg, as the same now exists, or may hereafter be laid out for a franchise, right of convenience or privilege to erect, operate and maintain • poles, cables, and all other electrical equipment, structures, or fixtures necessary and incidental to the operating of a community antenna system service and closed circuit television transmission service, subject • to the limitations and restrictions herein set forth under, over, upon and across the streets, alleys, sidewalk°, and public places of the Town of Leesburg,, Virginia, for the purpose of erecting, operating and maintaining a community antenna system and closed circuit television transmission service for the use of the residents and citizens of said Town, and for the persons, firms , and corporations doing business therein, and to use the property of other companies upon such arrangements and con- ditions as the companies may agree. BE IT ORDAINED BY THE TOWN COUNCIL OF LEESBURG, VIRCTN'IA: maonoma That bids in writing be received by the presiding officer JR C.HALL :KIT AT LAW of the Council at a meeting thereof, in open session, tc be held 112'3.VCgp111 on the ots day of / �, 19_2z, at _?�v 0'clock _.4 I • -2- (Eastern Standard Time) for a franchise to use and occupy the streets, alleys and other public grounds of the Town of Leesburg; as the same now exist', or may hereafter be laid out, for a fran- chise, right of convenience or privilege to erect,' operate and maintain poles, cables , and other electrical equipment, 'structures, or fixtures necessary and incidental to the operating of a commun- ity antenna system service and closed circuit television transniss- ion service, subject to the limitations and restrictions herein set forth under, over, upon and across the streets, alleys sidewalks, and public places of the Town of Leesburg, Virginia, . for the purpose of erecting, operating and maintaining a community • antenna system and closed circuit television transmission service for the use of the residents and citizens of said Town, and for . the persons, firms, and corporations doing business therein, arid to use the property of other companies upon such arrangements and conditions as the companies may agree. The Council reserves the right to reject any and all bids. The person or corporation to whom the grant is finally made, if any, shall reimburse the Town for the cost of advertising this ordinance as required by law. The form of the franchise for which bids are hereby request- ed shall be substantially as follows : • tlONAHAN • 7 C.HALL ' ¢Y AT taw _. oa.Vraccu*