HomeMy Public PortalAbout1980_04_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, PUBLIC
HEARING ON SYCOLIN PARTNERSHIP REZONING AND PUBLIC HEARING ON 18 9
COMMUNITY DEVELOPMENT APPLICATION, APRIL 9 , 1980 . O
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on April 9 , 1980 at 7 : 30 P.M. The meeting was called to order by
the Mayor, with the invocation by Mr. Tolbert, and followed with
the Salute to the Flag led by Mr. Hill . Present were : Mayor
Kenneth B . Rollins , Councilmember.s Glen P. Cole, Stanley D.
Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill , Walter F. Murray and
John W. Tolbert, Jr. ; also Town Manager John Niccolls , Assistant
Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope
and Town Attorney George M. Martin.
The minutes of the regular meeting of March 26, 1980 were ap-
proved as written.
PUBLIC HEARING ON SYCOLIN PARTNERSHIP REZONING
A public hearing was held on the Sycolin Partnership rezoning .
Mayor Rollins recognized Mr. E. William Chapman, attorneyrepresent-
ing the Petitioner, who stated that they are seeking the rezoning of
69 acres out of a parent tract of 95 acres - the old Finneran prop-
CO erty located at the southwest corner of Sycolin Road and the Lees-
0O burg By-Pass . The Planning Commission has given a favorable N recom-
mendation for rezoning this 69 acres from R-3 to B-2 zoning. This
is consistent with the Revised Master Plan of the Town of Leesburg,
w which shows this land designated basically for light industrial use.
Q The principals in this rezoning are J. Lynn Cornwell, Inc. and Ca-
Q toctin Land Company, composed of J. Lynn Cornwell, A. C. Echols,
Fred Hetzel and Brewster Cornwell. Most of the engineering work
is being done by DeLashmutt Associates, with the architectural
work and design being done by Arnold Kronstadt of Collins and
Kronstadt of D.C. The property is currently zoned R-3 and the
69 acres would yield approximately 550 additional town houses.
They have contacted the town house associations adjoining this
property and have talked with Mr. Niccolls, Mr. Forbes and Mr.
' Shope concerning the land use plan proposed. Development will
be staged over a 10 to 15 year period. Availability fees are
calculated to be $1, 200, 000 , assuming development is consistent
with the Land Use Plan. In addition, annual revenue will be some-
where around $75, 000. If developed as proposed, $100 , 000 worth
of real estate taxes would be generated, and this does not include
any of the associated business taxes,: professional license taxes,
personal property taxes, etc. At the same time, there would not be
a comparable increase in service demands as there would be if it
were developed according to the current R-3 zoning. He and Mr.
Niccolls considered several different comments that came before
the Planning Commission and recommendations of the staff. ,:Prior
to adoption of the "proffer" ordinance, they indicated a will-
ingness to proffer certain things , which Seemed .to be satisfactory
to Mr. Niccolls and the Planning Commission. The' four elements
are (1) a banana buffer zone between the existing town houses and
their proposed commercial and industrial use; (2) a limitation on
their non-residential land use on a percentage basis; ( 3) an agree-
ment to adhere to certain guidelines set forth by the Town Manager
concerning a storm drainage problem that exists on Harrison Street
and (4) a dedication of land for future widening of certain road-
ways . It is felt the exact language of the proffer could wait until
the public hearing tonight, but it must be ironed out prior to the
time the Council takes action.
Mr. Arnold Kronstadt exhibited and explained the actual pro-
posed land use for this property, pointing out that it is bounded
on the north by the flood plain of the Tuscarora Creek; primarily
B-2 to the east; a narrow strip of land that abuts the by-pass on
the south and R-2 and B-2 to the west. To the northwest it is
bounded by Virginia Knolls Subdivision - this is the area for which
they are not requesting rezoning. The use of this property is to
provide a logical planning relationship so that residential abuts
residential. This has been extended to provide housing for the
elderly. Abutting this, it is planned to have commercial town
houses for professional offices . The density would probably be
about 5 to 6 to the acre - Virginia Knolls is about 8 . Ground '
coverage would be approximately 11 percent. A high quality planned
MINUTES OF APRIL 9, 1980 MEETING.
190office park is proposed - a retail complex and a conference center
off of Sycolin Road and the By-Pass - this would serve as a responsible
buffer. The scale is limited to three stories in height, with the
majority proposed for two stories . It is felt that the relationship
of each of these areas to that adjoining it is good. From the mar-
ket viewpoint, there is four times more office space going up than
in D. C. and D.C. is experiencing its greatest office boom, so
there is a need for high quality office space. Its location off
of the By-Pass and its site configuration allow for this kind of
opportunity for development. It is felt that the low-key prestigious
image will serve as a decided asset to the Town - it is felt this
will become a landmark. The number of jobs this will create and
the increased revenues in taxes is most inportant. There will be
an entrance off of Sycolin Road - a gracious entrance with paving
and flanked by natural ground cover and existing trees leading up
to the Mall , which is open and has two major anchor tenants and
other small shops. (He exhibited a drawing of the Mall) . The
shopping center will be on approximately 10 acres, with about 80 , 000
square feet of commercial space and parking for about 400 cars .
This will be the first phase of development. The church-sponsored
housing for the elderly will be located between the commercial and
the town house development and may qualify for the second phase
because of its proximity to the shopping center and the needs of
the elderly. There will be 150 to 200 dwelling units on a 10-
acre site, with parking provided for about 100 cars . The pro-
fessional town house offices will be individually owned and has
a low density in keeping with the general characteristics. The
office park is intended for research and development of industry
and other related uses. The conference center will be on a 10-
acre tract and will be the last to be developed. The entire
center is planned to have good relations of one land use to a-
nother. This is an excellent site for this development and the
plan represents the best use for this land.
Mr. Peter Plasmier, President of the Virginia Knolls Neighbor-
hood Association, speaking in opposition, said the plans for this
Center are beautiful , but they (members of the Association) are
torn between the fact that sooner or later there will be 600 to
800 town houses adjacent to their area or there will be a develop-
ment such as this . Such a center would. probably be fvery bene-
ficial to their development, but they are concerned about the
use of Harrison Street as a minor access to this development.
This street is not designed for any kind of commercial traffic -
it barely handles the residential traffic now. At the Planning
Commission hearing, it was said that there would be approximately
83 cars per day using Harrison Street. They are concerned as to
whether this full plan will be carried out over a 15 to 20 year
period - they have to be very careful in their development and
aware as to the values of their property. Also, there are a lot
of children in this area and they will have to be re-educated
concerning the traffic. Harrison Street has not been mentioned
this evening - is this use still plannned and how did they account
for the 83 vehicles? What kind of traffic would this be? Mr.
Niccolls said there is no access between existing Harrison Street
and the site proposed for rezoning. However, the extension of
Virginia Knolls Subdivision calls for the extension of Harrison
Street in the future. This would then provide a tie between this
proposed commercial development and Catoctin Circle. Unless they
acquire the remaining land in Virginia Knolls and construct the
road, they would not automatically have this access. He believed
the petitioners have considered whether or not the acquisition of
this property would be to their advantage.
Mrs . Marilyn Simpson, a resident of the community with small
children, said some of the homes are only 20 feet from the curb
of Harrison Street. There is no way there would be only 83 cars
to use this street - professional businesses would have cars and
those of their customers and they would have to come out somewhere.
Would it be possible, if the suggested buffer zone is not developed,
for Harrison Street to be stopped there and access to the commer-
cial area and other proposed areas to be through the land proposed
for rezoning?
191
MINUTES OF APRIL 9 , 1980 MEETING.
Mr. Chapman said that, after discussion with Town staff mem-
bers, this potential extension of Harrison Street was added, pri-
marily to provide an alternate access for emergency vehicles and
to provide the people in Virginia Knolls and Brandon access to
this proposed portion of land. .They did not plan for a through
street and that is one of the reasons the Center sits where it
is - in order to keep people from going through some of the
property . They provided Mr. Shope a report by their traffic
engineer, the conclusions being that, under this proposed land
use, there will be no substantial adverse impact on Harrison
Street. In fact, the people who are most likely to come through
111 this property will probably be those living in the Virginia
Knolls-Brandon section. Mayor Rollins asked where it is proposed
to locate Harrison Street? Mr. Chapman said it comes to a "T"
at the shopping center and will not be a direct route to Sycolin
Road. Mayor Rollins felt Harrison is a major thoroughfare and
should go on out to Sycolin Road. Mr. Chapman said it is not
shown on the town Master Plan. He felt this should be considered
in the site plan stage. Mayor Rollins agreed with this .
Mr. Tolbert asked where the "83 cars" came from? Mr. Chapman
explained that this was a mistake on his part at the Planning Com-
mission hearing, but this has been clarified in the traffic report
filed with Mr . Shope .
Mayor Rollins asked how much chance there is that the property
will be developed in accordance with the brochure? Mr. Chapman
said it is the intention of his clients to do this unless the
economy gets substantially worse . Mr. Herrell asked if this
property would go back to its original zoning if not developed
as proffered? Mr. Chapman said this is not true . Mr. Niccolls
said this was contained in the packet and will be referred to the
Finance and Administration committee. Mr. Murray said if there
are 700 new town houses, they would need a new school . Mr.
Herrell felt this is a much better plan than 700 new houses - he
understood they were proffering this with the idea that it would
not change hands fifty times . Mr. Chapman said the proffer would be
a covenant running with the land and would be maintained in the
Zoning Administrator ' s office. Mr. Hill asked if they are using
the housing for the elderly as a buffer? Mr. Chapman said "Yes . "
Mr . Hill said the second part of the proffer proposes that not
less than one-half will be devoted to non-residential use. How
would this-be stated in the proffer? Mr. Chapman said the language
for this aspect of the proffer is still to be worked out. This
figure came out of lengthy discussions with Town staff members
in terms of ability to commit themselves to a market condition
10 to 15 years from now. Mr . Niccolls said this does not neces-
sarily represent an agreement on what he would recommend by way
of conditions to this zoning. They had two meetings on what the
proffer conditions might be, however, the applicant was very ada-
mant that he would not proffer conditions for some areas .he had
hoped to receive proffers for. In his memorandum of January 3
to the Planning Commission, he set out some of the problem areas .
Concerning non-residential uses, the Zoning Ordinance permits
residential uses in the B-2 zone - Loudoun House, Leesburg Manor,
Leesburg Gardens, Heritage Square and other major apartments are
in a B-2 zone, permitting as many as 16 units to the acre . His
concern was that this could be rezoned to B-2 uses in the hopes of
having a broader commercial base, shopping center, tourist cen-
ter, hotel-motel
en-ter, hotel-motel complexes and conference center with another major
apartment center in Leesburg. His suggestion was that conditions
be imposed to limit to some reasonable number the number of apart-
ments to be put on this site . This information is in Council ' s
packet. Mr. Hill hoped the proffer would tie it down to the pro-
posed plan. He would be in favor of this rezoning if the proffer
would do this . He asked what they would propose to do on Sycolin
Road other than dedicate the land? Mr. Chapman said this is all the
Highway Department canirequire us to docunder State law. Does this
then mean the Town would have to build the dual-lane highway recom-
mended by the State? Mr. Chapman said this is not necessarily true
but his clients are not going to commit themselves to build this at
this point. This would not be part of the proffer, other than dedi-
cating the land. The traffic analysis indicates that those people
going out onto Sycolin Road will turn right to the by-pass - traffic
192
MINUTES OF APRIL 9 , 1980 MEETING.
heading back would be very limited.
Mayor Rollins declared this public hearing closed. He re-
ferred it to the Finance and Administration Committee for considera-
tion of the comments made tonight, to be reported back and to be
voted on at Council ' s next session.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT
APPLICATION.
Mayor Rollins opened a public hearing on the above. There was
no-one to speak either for or against this application. The Chair
declared this hearing closed.
PETITIONERS AND COMMUNICATIONS : •
Mr. Charles Bos addressed Council concerning a proposed reso-
lution to lease the log cabin to the Chamber of Commerce. Although
the Chamber ' s proposal is excellent, there are several other people
concerned that there might be other uses of the cabin that Council
might want to discuss . As a member of a committee last year con-
cerning the finishing of the cabin and the use of it when finished,
it was their feeling that it would be nice to have a silversmith
or some sort of crafts operation. He urged Council to postpone
action on this tonight and allow other groups to submit proposals
for its use. The Restoration Society has put a lot of money into
this and they are concerned as to its use. He would like to see
the cabin open over week-ends and some display . There could be
lots of problems with this and someone would be needed to take
care of the property . Mr. Hill said he had worked with Mrs. Rey-
noldson this project (he publicly thanked her for her efforts on
this project) and the opportunity for someone to solicit the use
of it has always been there. There has never been a "down to earth"
proposition such as the Chamber has presented. His thought was to
restore the cabin as it was years ago - not to try to locate a
crafts dealer. Mr.. Bos said Leesburg looks better everyday inso-
far as the -downtown section is concerned and the cabin will pro-
mote
this look. He would like to see several sources considered.
He, personally, would prefer a silversmith or some craft in there.
.Ms . Joan Kilcourse, representing a group of independent crafts-
people, read their proposal for the use of this building. They pro-
pose to lease the cabin from June 1 , 1980 and ending May 31, 1981
for the sum of $1, 920, payable in monthly installments of $160 . 00 ,
all utilities to be paid by the group. They request an option to
renew on a yearly basis until 1985. They would propose to demon-
strate quilting and weaving, as a place of sales and supplying in-
formation on 18th century crafts . They would like to keep the cabin
open every month, with the exception of January and February. They.
would be paying rent for those two months.
Ms . Kitty Rose , a member of the group, said they would like
to have the hours run concurrently with the hours of the Museum.
Since this would be the No. 1 spot on the Walking Tour, they could
tell them about the building, show them their crafts and have visit-
ing craft demonstrators . They considered having the building open
week-ends only during January and February. Ms. Kilcourse added
that they would like a period of time to see how it goes . They
would have weavers, quilters, a potter, an artist and would like
to have a silversmith. They would also like to take articles on
consignment from others who are not members of the group. They
plan to incorporate. Each person would take one day a week at the
shop. Mr. Hill asked why they did not come to Council a month
ago? The reply was that they were not aware of it. Mr. Hill said
it bothers him that they are $10 . 00 more per month than the Chamber.
"It is pretty easy to run a horse after the gate is open. " The
Chamber took it upon themselves to make the offer and now, suddenly,
we are getting more interest in it. The log cabin has been here
and no interest has been generated until the Chamber approaches the
Council. Ms . Kilcourse said they were just suddenly aware that it
would be available. This group met in January and discussed this,
they were searching for place where they could demonstrate and
sell their crafts .
193
MINUTES OF APRIL 9 , 1980 MEETING.
Mr. Phillip Brownrigg felt Mr. Hill was a little "worked
up" that no-one but the Chamber of Commerce expressed interest.
It has not been at all obvious to the public that this would be
a place that a commercial enterprise could rent. It looks like
just any other restoration project. With regard to the fact that
the town has paid for the restoration, all discussions with the
architect were predicated on the development of the building
and restoration to be used in a craft, especially a silversmith,
but, if one is not available, in some other crafts . The Chamber
had a much better opportunity to know about it.
Ms . Helen Gray, also a member of the group, asked if the
building has been advertised in any way? Mr. Murray said he would
venture to say it would go for more than $160 .00 a month . It has
not been advertised. She then asked how anyone would know about
it?
Ms . Jan Myers of the White Parlour said that, in terms of
the business community, another office on the main street would
not benefit them as much as a craft type operation - something
to pull the people to the business area, plus there would be
the benefit of sales tax from such an operation.
PROPOSED ORDINANCE AMENDING THE ZONING MAP FOR JOHN H. COOK, ET UX.
A proposed ordinance amending the Zoning Map in accordance
with Application #ZM-27 by John H . Cook, III and Agnes diZerega
Cook was read by the Clerk. Mayor Rollins said Mrs . Herbert
Ingram called him concerning the fact that she and her husband
were not notified about this rezoning in accordance with the
ordinance . They were not notified because this entire property
is not the subject of the rezoning. Only 27 ,000 square feet,
where the house and the carriage house are located, is to be re-
zoned. This property does not adjoin them - this is why they re-
ceived no notice. Mrs . Ingram asked if anyone received notice
of this? Dr. Gates was notified as a courtesy, but it does not
adjoin him either. A public hearing has been held, so the record
is closed, however, he will allow them to speak as petitioners .
Mr. Herbert Ingram, a resident of 6 S . Morven Park Road,
said his property adjoins the Cook property and they have a full
view of the proposed roadway and the farm. He did not believe the
proffer changes the fact that this is a spot rezoning - it does
not comply with the Town ' s Comprehensive Plan. It is not his in-
tent to deny the Cooks the use of their property, but it should
comply with this Plan. There is enough commercially zoned prop-
erty in the town to fill the needs of the community. It has been
indicated that the property where the house is located is to be
rezoned. Will this be a public roadway through the property?
And will it be developed in accordance with State and Town regu-
lations? Mayor Rollins said this will be a private road - it will
not be maintained by either the State or the Town. Mr. Ingram
asked why he needs an office in his home when he will be at the
hospital most of the time?
Mr. Hill said he is not an advocate of spot zoning - Dr.
Cook could use this as presently zoned for his office, employing
one member of the household. To what better use could this be
put? Mr. Ingram suggested that it could be designated a historic
site and leave it there as a memento. Mr. Hill said it could be
developed into more single-family dwellings - would this be
better? Mr. Ingram said they went through all this two years
ago when Mr. diZerega proposed to build a large number of town
houses on the so-called farm. Mrs . Hill said this petition was
withdrawn by Mr . diZerega. Mr. Hill asked Mr. Ingram if this
would really bother him with the proffer - he would have to stick
to it? Mr. Ingram said it would - there are vacancies in medical
buildingsthat he could use for an office. He proposes to expand
later and build a 21 story building. He felt this zoning should
be denied.
194
MINUTES CF' APRIL 9 , 1980 MEETING
Dr. John Cook, co-petitioner in this application, said he
will be glad to answer any questions Council might have. Mr.
Hill said Mr. Ingram indicated that he ( Dr. Cook) might put a
nursing home there. Dr. Cook said he does not intend to do
this . Mr. Hill asked if he intends a facility where he would
keep patients overnight? The answer was "no. " Mr. Cole asked
if this is to be a medical office or offices? Dr. Cook said
he wants it there for his convenience - it is also close to
the hospital . As Loudoun County grows , it might be too much
for one person - then he would like to have a partner. Mr.
Herrell asked how many patients three doctors and three or four
nurses would generate in this facility in a day? Dr. Cook said
in a practice such as this , he would envision less than 20
patients per man per day - probably less than 60 people. Mr.
Cole asked if the road off of Loudoun Street would be two-way?
Dr. Cook said this is his driveway - the principal access would
be off of Rock Spring Drive. Mr. Herrell said there are offices
right next door to the hospital - that couldn 't be any closer.
Dr. Cook said there are two reasons for this . His wife will be his
office manager - his principal assistant. The Jackson Building
has variable spare rentals - you can ' t expand in this building
and it is saturated. Ingress and egress by way of Rock Spring
Drive would be more convenient - it is a two-lane road and is
contiguous to the property. Mayor Rollins asked about the work
that is being done to the main house and the brick structure?
Dr. Cook said this would be the kitchen to the house - they closed
in the carriage house (this is the one proposed for the offices)
in order to move articles from the house while it is being re-
modeled.
Mrs . Mary Ingram asked about the possibility of a 21 story
building on the property? Dr. Cook said the carriagehouse now
contains 700 square feet, which is sufficient office space for
one physician . If he takes a partner, he would extend to the
south and down the hill. The carriage house is 11 stories -
as you extend down the hill , this would put a basement underneath
it. This then would be the 21 stories - nothing would be higher
than the carriage house.
Mr. Mahan said, under the existing ordinance, it is possible
to have a lawyer ' s office, a medical office and a residence in an
R-1 district. This is basically what Dr. Cook is proposing. With
the proffer, Dr. Cook would be restricted to the medical office and
his own medical laboratory - it would not be possible to utilize
this strip of land for some other purpose in the MC district -
it is already consistent with what is in the R=1 district.
It is not exactly like a home occupation in that it is not in the
main residence and there will be one or more employees . He has no
intention of more than a private medical office - it may never ex-
ceed the existing size or structure. From the standpoint of
the community, they have left R-1 zoning surrounding it; they
have agreed, by this proffer, to comply with certain conditions,
namely screening; they have agreed to come to the town for ap-
proval of any signs , off-street parking, etc . The Planning Com-
mission recognizes that we are dealing with an entirely different
situation than when there was no proffer. . He explained the proposed
plan to Mr. and Mrs . Ingram. Mr. Herrell asked if he agrees that
this is spot zoning? Mr. Mahan said Yes, but he also recognizes
the proffer ordinance. With these conditions, it would be per-
mitted. You have to look at each property differently. He ex-
plained on the plan the route of ingress and egress off of Rock
Spring Drive. Mr. Hill asked if he thinks a proffer makes spot
zoning a little more palatable? Mr. Mahan agreed, what they are
proposing is compatible with what they have. With the proffer
they can use it only for that purpose. A proffer would go with
the land indefinitely. It could possibly be changed, but it
would have to go through this same process. Mayor Rollins asked
what type of buffer is anticipated? Mr. Mahan said probably pines
or something of that type - the only thing that would need screening
would be the parking area. There will be no change in the character
of the property, other than some gravel for parking.
MINUTES OF APRIL 9 , 1980 MEETING.
On motion of Mr. Murray, seconded by Mayor Rollins, an 19`5
ordinance amending the Zoning Map to reflect the rezoning of
27, 175 square feet of land by John H. Cook, III and Agnes
diZerega Cook, subject to the proffered conditions, was pro-
posed. Mrs. Hill said the Planning Commission recommended this
unanimously with the proffer. The ordinance was defeated by a
vote of 5 to 2 :
Aye : Councilman Murray and Mayor Rollins.
Nay : Councilmembers Cole, Herrell, D. Hill, M. Hill
and Tolbert.
IIMANAGER 'S REPORT:
(1) Mr. Niccolls called attention to the written Activity
Report, as well as the Capital Projects Report for March. Council-
members received last week a copy of the report from the Pitometer
Associates on the water leak study. This has been helpful to the
Public Works Department - they will be undertaking some of the
recommendations over the next few months . Distributed tonight
are replacement pages for Exhibit VII of the Proposed Budget.
CO (2) The Public Works Department is constructing the other
CO half of the Wirt Street curb and sidewalk project - they hope to
N have this work completeJin a few weeks .
( 3) Evergreen Mill Well #3 is back in service after re-
Q pairs at the pump manufacturer 's expense.
Q (4) He is recommending an executive session later to con-
sider a legal matter with Attorney Ben Jones .
(5) The Activity Report describes some proposals that
will be before the committees concerning Potter 's Field.
(6) A spring issue of the Lamplighter is proposed and articles
would be appreciated for inclusion in it.
(7) Mr. Taylor has provided a list of current idle cash in-
vestments, reporting that the town has earned $589 , 000 on 1979
bond funds. He estimates that another $90 , 000 to $100, 000 will be
earned by the end of this fiscal year.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Hill asked at what capacity Evergreen Mill Well #3 is
operating. Mr. Niccolls assumed at its normal capacity.
Mr. Cole said if the ditches on the Fairview storm drainage
project are not going to be restored very soon, they should be
filled in. Mr. Niccolls said the paving should be done in about
three weeks, but he will ask the contractor to fill them in to-
morrow.
Mr. Cole also reported that Mr. Robert Cullen (who lives on
Vinegar Hill) asked him if the sewer would be periodically cleaned
with the new Vactor? Mr. Niccolls said the new root cutter is
now in operation on the machine. This was run through this par-
ticular line and removed roots they couldn 't touch with any other
equipment. This line has problems and it has been placed on a
schedule for routine maintenance. Mr. Cullen did have a loss .
A crew member was sent to the scene and mistakenly diagnosed the
problem as being on the property owner ' s side - the next morn-
ing we ascertained that it was the main line sewer. It was
promptly corrected but, in the meantime, his basement had re-
ceived some backed-up sewage. An insurance report has been filed
with AH&T.
MAYOR'S REPORT :
Mayor Rollins asked that someone contact Mr. Hough, who
lives at 139 Belmont Drive, concerning his driveway entrance.
This is a steep driveway and he drags his car. He put some ce-
MINUTES OF APRIL 9, 1980 MEETING.
196
ment there to remedy this situation, but the town took it up.
He asked why this was done- and asked that he be contacted to
work out something to assist him. Mr. Niccolls said that, as
a matter of policy, we try to avoid allowing property owners to
fill in a gutter line - it disturbs the storm drainage pattern.
He looked at it two weeks ago and it looked normal to him, how-
ever, he will look at it again and talk to him.
CABLEVISION
Mayor Rollins asked for comments concerning the proposed
ordinances on cablevision. The following persons addressed
Council :
Mr. Robert Sevila, attorney representing John Lewis of Mid-
Atlantic Network p p oration of Winchester, one of the applicants
for the franchise,/ they have been receiving input from Mr. Minor
for several months now and have also provided him with some input.
Mid-Atlantic has considerable experience in this field. Mr. Lewis
has some comments on certain sections of the ordinance which refer
to valuation of this franchise which, under the methods set forth,
would not permit the Council to take into consideration the value
of the franchise itself and the good will . This may inhibit the
interest of prospective bidders in the system altogether. There
are other provisions which make bidding less appealing - Sec .
5. 1-27 has been changed to require two fully equipped color studios,
resulting in considerable expense to the franchisee.
Mr. John Lewis said he would have some hesitancy in bidding
with regard to these items . He is concerned that, as proposed,
setting rates may be a problem and valuation of the franchise,
in the event it might be sold, might also be a problem. Some of
the provisions might be appropriate for a community larger than
Leesburg. Mr. Hill asked if he is acquainted with the Cable
Television Information Center? Mr. Lewis said Yes, but he thinks
their use is more appropriate for a larger community and he doesn ' t
agree with some of their suggestions . Each one has to be looked
at carefully. Mr. Hill asked if he thinks they are an impartial
group? Mr. Lewis said this depends on the observer - they favor
municipalities. Mr. Hill asked how many subscribers they have in
Winchester? Mr. Lewis said they have 6500, including the dense
areas outside the city. Mr. Hill asked if the local channel is
a popular one? Mr. Lewis said they have not made any surveys,
but they average about 30 hours per month on local origination,
covering council meetings, local church services and high school
athletics . It is more of a problem than it is a benefit insofar as an
operator is concerned. His concern is that the Town of Leesburg
does not have the potential number of subscribers - the require-
ments for color operation may be excessive .
Mr. Woodrow Turner, representing Matrix Cable Tv System, said
they have no comments other than that they know the Council, the
committee and the staff have dealt for a long period of time with
this matter and they feel this is as good an ordinance as can be
possible. They would like the project to go to bid as soon as
possible - the process has gone on long enough.
Mr. Stephen Robin, representing Mr. Sutliff, has seen the
revised ordinance and noted that several changes of not unsubstan-
tial nature were made. They are ready to go to bid - he feels
they have had a fair chance to offer input to the staff and the
subcommittee. They would be agreeable to 45 days for the bid
if Council should decide to change to that from the proposed 60
days.
On motion of Mayor Rollins, seconded by Mr. Herrell, the fol-
lowing three ordinances concerning cable television were proposed
and unanimously adopted:
80-0-6 - ORDINANCE - ADDING A NEW CHAPTER TO THE TOWN CODE ESTAB-
LISHING REGULATIONS AND PROCEDURES FOR AND
CONTROL OF CABLE TELEVISION SYSTEMS AND THE
GRANTING OF FRANCHISES.
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
MINUTES OF APRIL 9 , 1980 MEETING.
SECTION I . The Town Code is hereby amended by adding a 197
new chapter, to be numbered Chapter 5. 1, which shall read
as follows :
Chapter 5 . 1
CABLE TELEVISION REGULATION.
Article I . General Provisions .
Sec. 5 .1-1.
This Chapter shall be known and may be cited as the
"Cable Television Regulation" of the town .
Sec. 5. 1-2 . Purpose.
The purpose of this chapter is to provide for regula-
tion and control of any cable television system operating
in the town.
Sec. 5 . 1-3 . Definitions .
CDWhere used within this chapter, unless the context
N clearly indicates otherwise, the following words and terms
shall have the meaning indicated below:
Q (a) "FCC" shall mean the Federal Communications Com-
Q mission or its successor.
(b) "Franchise" shall mean an authorization granted
pursuant to this chapter and applicable state law in terms
of a privilege, permit and license to construct, operate
and maintain a cable television system within the town .
Any such authorization, in whatever form granted, shall
not include any license or permit required for the privi-
lege of transacting and carrying on a business within the
town as required by other ordinances and laws of the town.
(c) "Franchisee" shall mean the person, firm or cor-
poration granted a franchise by the town under the provisions
of this chapter, and the lawful successor, transferee or
assignee of said person, firm or corporation.
(d) "Property of Franchisee" shall mean all property
owned, installed or used within the town by a franchisee in
the conduct of a cable television system business under the
authority of a franchise granted pursuant to this chapter.
(e) "Subscriber" shall mean any person or entity re-
ceiving for any purpose any service of the cable television
system including, but not limited to, the conventional
cable television system service or retransmission of
television broadcast, radio signals, franchisee ' s original
cablecasting and the local government, education and public
access channels and other services including, but not limited
to, leasing of channels , data and facsimile transmission, pay
television and police, fire and similar public service com-
munication.
( f) "Cable Television system or systems" shall mean
any facility which is operated to perform for hire, either
in whole or in part, the service of receiving, amplifying,
modifying or originating television, radio or other electri-
cal signals for the purpose of transmitting or distributing
such signals by wire, cable or other means to subscribing
members of the public, except that this definition shall
not include (1) any system which serves fewer than 20 sub-
scribers or (2) any system which serves only residents of
one or more contiguous apartment dwellings under common
ownership, control or management, and commercial establish-
ments located on the premises of such dwellings .
MINUTES OF APRIL 9 , 1980 MEETING.
198
(g) "Signals, " whether distant, local radio, tele-
vision or kinds of channels, such as Class I , II, III and
IV, shall be given the meanings found in applicable FCC
Rules and Regulations .
(h) "Converter" shall mean an electronic device,
which converts signals to a frequency not susceptible
to interference within the television receiver of a sub-
scriber and, by an appropriate channel selector, also
permits a subscriber to view all signals delivered at
designated dial locations.
(i) "Monitoring" shall mean observing a one-way com-
munications signal, or the absence of a signal, whether
the signal is observed by visual or electronic means for
any purpose whatsoever.
( j) "Pay Television" shall mean the delivery over
the Cable Television System of video signals to subscribers
for a fee or charge (over and above charge for basic ser-
vice) on a per program, per channel or other subscription
basis .
(k) "Local origination channel" shall mean a channel
which is programmed by the cable system and subject to its
exclusive control.
(1) "Cablecasting" shall mean originating programming
over a cable television system.
(m) "Town Manager" shall mean the manager of the town
or an official authorized by him to administer the terms,
provisions and regulations of this chapter.
(n) "Earth Station" shall mean the electronic equip-
ment and hardware necessary to receive signals from satel-
lites .
(o) "Franchise territory" shall mean all the area
within the 'corporate :limits of. the Town of ,Leesburg ando
any future extension thereof by annexation.
Article II. General Franchise Provisions .
Sec. 5. 1-4 . Grant of Franchise.
Operation of a Cable Television System within the
town shall be permitted only upon the application for and
subsequent grant of a franchise under the terms of this
chapter.
Sec. 5. 1-5. Length of Franchise.
The initial term of any franchise granted under this
chapter shall be for a period of 15 years . An extension
of the initial franchise term may be granted in accord-
ance with Section 5. 1-15 of this chapter.
Sec. 5. 1-6. Franchise not Exclusive.
The right to use and occupy town streets for a cable
television system shall not be exclusive, and the town re-
serves the right to grant a similar use of said streets
to any person, company, corporation or other entity at any
time during the initial or subsequent period of any cable
television franchise.
Article III. Transfer or Assignment of a Franchise.
Sec. 5. 1-7 . Certain Transfers or Assignments Prohibited.
No transfer or assignment of a franchise shall be ap-
proved or considered by the Town Council within two years
of the effective date of the initial term of a franchise.
MINUTES OF APRIL 9 , 1980 MEETING.
199
Sec. 5. 1-8 . Transfer or Assignments.
(a) Except as otherwise provided, no franchise granted
pursuant to this chapter shall be assigned or transferred,
either in whole or in part, or leased, sublet or mortgaged
in any manner, nor shall title thereto, either legal or
equitable, or any right, interest or property therein, pass
to or vest in any person, either by the act of the company
or by operation of law without the consent of the Town Coun-
cil, which consent shall not unreasonably be withheld. The
granting, giving or waiving of any one or more of such con-
sents shall not render unnecessary any subsequent consent
or consents .
(b) The town specifically reserves the right, in de-
termining whether or not to authorize a transfer under this
section, to consider the entire price and/or consideration
to be paid by any proposed transferee, including the alloca-
tion of value for the franchise as it actually or potentially
affects the rates to subscribers at that time or in the fu-
ture. The town may also take into account the extent to
which a proposed transfer may potentially cause, require or
CO justify (in whole or in part) , a rate increase or request
CO for rate increase. The town is specifically authorized to
N deny, restrict or condition its authorization of any trans-
fer on the grounds mentioned hereinabove or on any related
grounds under which the town may at its sole option deter-
mine.
(c) The franchisee may pledge, mortgage, hypothecate
or otherwise transfer, as may be required, an interest in
the cable television system to any lender in order to ob-
tain financing for the Cable Television System. Such trans-
fer, pledge, mortgage or hypothecation may, if required by
the lender, include the authority to sell the Cable Tele-
vision System, subject to consent of the town council , upon
mortgage default by the franchisee. Such approval shall not
be unreasonably withheld. In this event, any such sale ap-
proved will require the new owner to comply with all terms
and conditions of this chapter as well as the original fran-
chise agreement and franchise ordinance.
Sec . 5. 1-9 . Sale or Transfer of Stock or other Ownership.
One or more sales or transfers of stock or other owner-
ship, by operation of law or otherwise, or creation of new
stock, by which an aggregate of more than 10 percent of
franchisee stock or other form of interest shall be vested
in a party or parties who are non-stockholders or non-owners
as of the effective date of the franchise, shall be an assign-
ment within the meaning of this article. For the purpose of
this section, stock ownership shall be determined in accord-
ance with the principles set forth in Section 5 . 4-4 of the
Internal Revenue Code of 1954 as the same existed on August
16, 1954 .
Sec. 5 . 1-10 . Notice of Transfer or Assignment.
A franchisee shall promptly notify the Town Manager of
any proposed change in, or transfer of, or acquisition by
I/ any other party of control of the franchise. For the pur-
pose of determining whether it shall consent to such change,
transfer or acquisition of control, the town may inquire
into the qualifications of the prospective controlling party,
and the franchisee shall assist the town in any such inquiry.
In the event that the Town Council adopts a resolution deny-
ing its consent and such change, transfer or acquisition of
control has been effected, the Town Council may cancel the
franchise unless control of the franchise is restored with-
in 30 days to its status prior to the change, or to a status
acceptable to the Town Council. Any mortgage, pledge or
lease shall be subject and subordinate to the rights of the
town under this chapter or otheer applicable law.
MINUTES OF APRIL 9, 1980 MEETING.
200
Article IV. Termination and Renewal.
Sec. 5. 1-11. Revocation.
The Town Council reserves the right to revoke the
franchise, and all rights and privileges pertaining there-
to, in the event the franchisee violates any of the ma-
terial provisions of this chapter, or is found to have
practiced any fraud or deceit upon the town or the public;
provided, however, that complaints by the public shall be
considered pursuant to the provisions of Section 5 . 1-44
of this chapter. Prior to any revocation proceedings under
this section, the franchisee shall be given 60 days ' notice
in writing by certified mail , which notice shall state in
detail the grounds upon which the town seeks revocation.
If the material violation has not been remedied to the
satisfaction of the town, the Town Council shall have the
right to revoke said franchise, and all rights, privileges
and license derived therefrom, forthwith by resolution.
At the time any franchise has been so revoked, the Town Coun-
cil may require the former franchisee to remove all wires,
cables and all other equipment associated with the cable
television franchise at its expense.
Sec. 5. 1-12 . Foreclosure.
Upon notice of the prospective foreclosure or other
judicial sale of all or a substantial part of the system,
or upon the termination of any lease covering all or a sub-
stantial part of the system, the franchisee shall notify
the Town Manager of such fact, and such notification shall
be treated as a notification that a change in control of
the franchisee has taken place, and the provisions of Ar-
ticle III of this chapter entitled "Transfer or Assignment
of the Franchise" shall apply.
Sec. 5. 1-13. Reserved.
Sec. 5 . 1-14 . Expiration.
Twelve months preceding the expiration of the initial
term of a franchise granted pursuant to this chapter, the
town shall have the right, at its election, to :
(a) renew or extend the franchise as provided in
Section 5. 1-15
(b) invite new applicants for the franchise or
(c) purchase the system.
Sec. 5. 1-15. Renewal or extension.
A franchise may be renewed or extended at the sole op-
tion of the town for a period of five years . Renewal con-
sideration shall include but not be limited to the reports
prepared throughout the life of the franchise reviewing
the system' s technical performance, the development of
cable services, the cost of said services and a comparison
of similar cable systems in other communities. The town
retains the right to modify the terms of a franchise within
the then applicable provisions of state law as a condition
of any such renewal or extension.
Sec. 5. 1-16 . Town purchase of system upon revocation or ex-
piration.
In the event that the town revokes a franchise, pursuant
to appropriate provisions of this chapter, or upon the ex-
piration of a franchise, the town shall have the right to
purchase the cable system at a price not to exceed its then
fair market value. The fair market value shall be determined
by an independent accounting firm, selected by the franchisee
MINUTES OF APRIL 9 , 1980 MEETING.
201
and the town, in accordance with generally accepted ap-
praisal and accounting principles , except that any value
attributable to the actual franchise right itself or to
good will of the cable system shall be specifically ex-
cluded. The cost of such appraisal shall be shared
equally by the franchisee and the town.
Sec. 5. 1-17 . Continuity of service mandatory.
A franchisee shall be required to provide continuous
service to all subscribers in return for payment of the
established fee. If a franchisee overbuilds, rebuilds,
modifies, sells the system or the town revokes, fails to
renew a franchise or the franchise becomes void, a fran-
chisee is required as part of its franchise to continue
to operate the system until an orderly and lawful change
of operation is effectuated. Under no circumstances shall
this period of operation exceed six months from the date
of occurrence of any of the above events . In the event a
franchisee fails to operate the system for five consecutive
days without prior approval of the Town Manager or the
franchisee fails to continue operation on the occurrence
CO of any of the events given in this section, the town or its
CO agent shall have the right to operate the system until such
N time that a new operator is selected. If the town is re-
quired to fulfill this obligation for the franchisee, the
franchisee shall reimburse the town for any costs or dam-
ages that result from the franchisee ' s failure to operate
Q the system as required.
Sec. 5 . 1-18 . Eminent domain.
Nothing herein shall be deemed or construed to impair
or affect, in any way or to any extent, the right of the
town to acquire the property of the franchisee through the
exercise of the right of eminent domain, and nothing herein
contained shall be construed to contract away or to modify
or abridge, either for a term or in perpetuity, the town ' s
right of eminent domain with respect to any public utility
or franchise.
ARTICLE V. Franchise Territory; Construction
Timetable; Extension of Service.
Sec. 5 . 1-19 . Franchise Territory.
(a) The franchisee shall construct and operate at a
minimum the initial Cable Television System so as to provide
service through all parts of the franchise territory having
a density of at least 60 residential dwelling units per mile
of plant, or at the density submitted in the franchisee ' s
cable television application, whichever is lower. The
"initial" Cable Television System will be considered as all
of the system included on the map submitted with the fran-
chisee ' s application.
(b) Extensions to the initial system and any exten-
sions in any annexed areas shall be subject to the same
density standards. At a minimum, the franchisee shall
construct one mile of cable plant per year upon receipt
of a notice to proceed from the manager. Notwithstanding
the above, the franchisee shall not be required to commence
construction in these areas until the initial Cable Tele-
vision System is constructed.
Sec. 5 . 1-20 . Construction Timetable.
(a) The franchisee shall construct the necessary facili-
ties to permit basic service reception capability, including
construction of 20 percent of the cable distribution plant,
within 18 months of the date of the franchise agreement.
Within 90 days of the date of the franchise agreement, the
franchisee shall submit a construction timetable detailing
the location and geographic sequence of the construction of
MINUTES OF APRIL 9, 1980 MEETING.
202
the head-end and distribution plant leading to basic ser-
vice and special service capability for every dwelling
unit within the town, subject to aforementioned density
standards .
(b) Within four years of the date of the franchise
agreement, the franchisee shall have completely installed
and have under operation a cable television -system pro-
viding basic service and special service capability to
all dwelling units within the franchiseterritory, sub-
ject to density limitations provided herein. Capability
shall be defined as the providing of basic services or
special services to subscribers within sixty days of an
application for either or both services, including satel-
lite distributed programs.
(c) Failure on the part of a franchisee to meet any
of the requirements of this section shall be deemed a ma-
terial violation of this chapter and subject franchisee
to revocation procedures established in Section 5. 1-16
herein, unless said time is extended by the Town Council.
Such extensions may or may not relieve the franchisee of
the payment of penalties set out in Section 5. 1-49 at the
sole option of the Town Council .
(d) A franchisee shall register with the FCC and
comply with all other filing requirements of Federal and
State law within 60 days of its acceptance of the franchise.
Sec. 5. 1-21. Interconnection.
A franchisee may interconnect the system with any or
all other cable television systems in the area if otherwise
lawful and provided such other system agrees to the inter-
connection. Interconnection of systems may be done by
direct cable connection, microwave link, satellite or other
appropriate method.
(a) Upon receiving the directive of the town to inter-
connect, the franchisee shall immediately initiate negotia-
tions with the other affected cable television system or
systems in order that costs may be shared equally for both
construction and operation of the interconnection link.
(b) The Town Council may grant reasonable extensions
of time to interconnect or rescind its request to inter-
connect upon petition by the franchisee to the Town Council.
The Town Council shall grant the request if it finds that
the franchisee has negotiated in good faith and the cost of
interconnection would cause an unreasonable increase in sub-
scriber rates.
(c) No interconnection shall take place without prior
approval of the Town Manager. A franchisee, in seeking ap
proval for interconnection, shall demonstrate that all sig-
nals to be interconnected will comply with FCC technical
standards for all classes of signals and will result in a
low level of distortion.
(d) The franchisee shall cooperate with any intercon-
nection corporation, regional interconnection authority,
state or federal regulatory agency which may be hereafter
established for the purpose of regulating, facilitating,
financing or otherwise providing for the interconnection
of cable television systems beyond the boundaries of the
town.
Article VI. Service Provisions .
Sec. 5. 1-22 . Basic Subscriber Service.
(a) At the time housedrop connections are available,
the franchisee shall provide all subscribers who request
203
MINUTES OF APRIL 9 , 1980 MEETING.
basic service with the minimum television signals estab-
lished in Section 5. 1-28 of this chapter and one local
origination channel designated for public access on a
first come, nondiscriminatory basis . The public access
channel will be available to public, educational, govern-
mental and any other users .
(b) The franchisee at its expense shall furnish upon
request one connection for each public school, county and
municipal office which is within the franchise territory
not more than 250 feet from the franchisee's existing ser-
vice facilities .
Sec. 5. 1-23. Special services.
At such time as subscriber service is first available,
the franchisee, in addition to basic service, shall offer
special services available at higher rates , which shall in-
clude one or more channels offering pay TV and additional
commercial satellite delivered channels.
Sec. 5. 1-24 . Virginia Public Telecommunications Council .
A franchisee shall also comply with all current and
future requirements of the Virginia Public Telecommunica-
tions Council.
Sec. 5. 1-25. Reserved.
Sec. 5. 1-26 . Local Origination Programming.
Within 24 months from the date of a franchise agreement,
a franchisee shall provide at its expense facilities and
equipment necessary to originate local programming, provid-
ing one local origination channel for that purpose. The
franchisee of a Cable Television System with a minimum of
3000 subscribers shall cablecast a minimum of four hours
of non-automated programming within every 24 hour period,
unless a franchisee receives a waiver to this provision
on an annual basis from the Town Council.
Sec. 5. 1-27 . Studio Facilities.
A franchisee shall provide a full color studio located
within a five mile radius of the Town of Leesburg. The
studio will be available to access cablecasters along with
the services of technical and production staff to be pro-
vided by the franchisee. A franchisee shall also provide
mobile color equipment for its own use and that of local
access users . The franchisee may lease a studio and fa-
cilities from others to comply with this section. Fran-
chise applicants will be evaluated on the basis of plans
and rate schedules for production facilities which are
most in the public interest. Rate schedules may include
different rates for various classes of users .
Article VII . Design and Construction Standards
Sec. 5. 1-28 . Channel Capacity .
A franchisee shall construct a Cable Television Sys-
tem that shall have not less than 24 video channels or an
equivalent amount of band width capacity, including any
local origination franchisee-operated station which may
also serve as the public access channel required by Sec-
tion 5 . 1-22 of this chapter.
Sec. 5. 1-29 . Overhead and Underground Construction.
Construction of trunk, feeder and drop cable may be
constructed overhead where utility poles now exist and
electric or telephone lines or both are now overhead but,
204
MINUTES OF APRIL 9 , 1980 MEETING.
where no overhead poles exist, all trunk, feeder and drop
cable shall be constructed underground. Any installation
above -.ground .shall -be considered as 'a ' special exceptiori �to
Section 13-39 of the Town Code. Where present overhead
utility poles , electric lines and telephone lines are moved
from overhead to underground placement, all cable television
distribution system cables located aboveground within the
affected area shall be similarly moved and located under-
ground at the same time and the cost of the movement of the
cable shall be solely the obligation of the franchisee.
Sec. 5. 1-30 . Two-way Capacity.
The franchisee shall install a cable television system
with a technical capacity for non-voice return communica-
tions. The franchisee ' s development of Class IV uses shall
coincide with the schedule submitted in the franchise ap-
plication.
Sec. 5. 1-31 . Emergency Requirements.
The franchisee shall design and construct the cable
television system to provide for an audio override of all
channels simultaneously (except those involved in retrans-
mission of television broadcast programming) , in the case
of public emergencies .
Sec. 5. 1-32 . System Design.
Applicants for a franchise under this chapter will be
required to submit the cable system design as a part of the
franchise application process. The system design will be
one of the factors evaluated during consideration of any
franchise awarded.
Sec. 5. 1-33. Construction Requirements and Safety Standards .
(a) Methods of construction, installation and mainte-
nance of the town 's cable television system shall comply
with the National Electric Code 1975 (ANSI CI-1975) to the
extent that such code is consistent with local law affecting
the construction, installation and maintenance of electric
supply and communications lines .
(b) Any tower constructed for use in the cable televi-
sion system shall comply with the standards contained in
Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures, EIA Standards RS-222-A, as published
by the Engineering Department of the Electronic Industries
Association, 2001 Eye Street, N.W. , Washington, D.C. 20006 .
(c) Installation and physical dimensions of any tower
constructed for use in any cable television system shall
comply with all appropriate Federal Aviation Agency regula-
tions .
Sec. 5. 1-34 . Construction, Supervision and Alteration after
Construction.
(a) A franchisee shall construct, operate and maintain
the cable television system subject to the supervision of the
town and in strict compliance with all laws, ordinances,
rules and regulations affecting the system.
(b) The cable television system, and all parts thereof,
shall be subject to periodic inspection by the town.
(c) No construction, reconstruction or relocation of
the cable television system, or any part thereof, within the
streets shall commence until written permits have been ob •
-
tained from the town. In any permit so issued, the town
Director of Engineering or other officials authorized by
the Town Manager may impose such conditions and regulations
MINUTES OF APRIL 9 , 1980 MEETING.
205
as a condition of the granting of the same as are neces-
sary for the purpose of protecting any structures in the
streets and for the proper restoration of such streets
and structures, and for the protection of the public and
continuity of pedestrian and vehicular traffic.
(d) The Town Council may, from time to time, issue
such reasonable rules and regulations concerning the con-
struction, operation and maintenance of the cable televi-
sion system as are consistent with the provisions of this
chapter and the franchise issued pursuant to this chapter.
(e) The Town Council may require that any part or all
of the cable television system should be improved or up-
graded by the franchisee 'within a reasonable time there-
after (including, without limitation, the increasing of
channel capacity, the furnishing of improved equipment
and the institution of two-way transmission) ; provided
such improvement or upgrading of the system is found to
be economically feasible. For the purpose of this sub-
section, a finding of economic feasibility shall mean a
finding that the capital costs to the franchisee of such
CO improvement or upgrading can reasonably be amortized over
CO the then remaining life of the franchise without substan-
N tially affecting the franchisee ' s rate of return, or other
measure of profitability agreed to by franchisee and the
W town.
C
Q Sec. 5 . 1-35. Use of Public Property.
(a) Should the grades or lines of the streets which
the franchisee is hereby authorized to use and occupy be
changed at any time during the term of the franchise, the
franchisee shall, if necessary, at its own cost and expense,
relocate or change its system so as to conform with such new
grades or lines.
(b) Any alteration to the water mains, sanitary sewer-
age or storm drainage system or to any town, state or other
public facilities in the streets required on account of the
presence of the cable television system in the streets shall
be made at the sole expense of the franchisee. During any
work on constructing, operating or maintaining of the system,
the franchisee shall also, at its own expense, protect any
and all existing structures belonging to the town or any
other person. All work performed by the franchisee pur-
suant to this section shall be done in the manner prescribed
by the Town.
Sec. 5. 1-36 . Interference with Public Projects.
Nothing in this ordinance shall be in preference or
hindrance to the right of the town to perform any public
works or public improvements of any description, and should
the system in any way interfere with the construction, main-
tenance or repair of such public works or public improvements,
a franchisee shall, at its own cost and expense, protect or
relocate its system, or part thereof, as reasonably directed
by the town.
Sec. 5. 1-37 . Technical Standards.
The franchisee shall comply with all existing and fu-
ture requirements of the FCC or its successor ' s governing
technical standards . The town reserves the right to adopt
its own technical standards when permitted to do so.
Article VIII . Maintenance, Operations and
Accounting Records .
Sec. 5. 1-38. Books and Records .
(a) The franchisee shall maintain separate accounting
records , in accordance with generally accepted accounting
MINUTES OF APRIL 9 , 1980 MEETING.
200 practices, of all its operations and transactions within
the town. The town shall have the right to inspect dur-
ing normal business hours , all books, records, maps, plans,
financial statements and other like materials of the fran-
chise which relate to its operation within the town, includ-
ing expenses attributed to the franchisee by any parent cor-
poration. All such information received by the town shall
remain confidential insofar as permitted by the Virginia
Freedom of Information Act, as now or hereinafter amended.
The requirements of this section shall be considered a ma-
terial provision of this chapter.
(b) The franchisee shall maintain a file of records
open to public inspection in accordance with applicable
FCC rules and regulations or, if none exist, in accordance
with rules and regulations adopted by the Town Council .
Sec. 5. 1-39 . Reports.
(a) Annual Report. Within 90 days of the close of its
fiscal year, the franchisee shall submit a written report to
the Town Council, which shall include:
(1) A summary of the previous year ' s activities
and development of the cable television system, including
but not limited to services begun or dropped and subscribers
gained or lost;
(2) A summary of complaints, identifying both
number and nature of the complaints received and an expla-
nation of the disposition;
( 3) A financial statement including balance
sheet, statement of income and expenditures, and statement
of changes in financial position, which the Town Manager
may require to be an audited statement by giving notice
to the franchisee 60 days prior to the deadline for sub-
mittal
of the written report.
(4) A projected financial statement including
all of the above information, along with a capital program
and projected new services for the next two years ;
(5) A reconciliation between previously pro-
jected estimates and actual audited figures;
(6) A list of all stockholders with a three
percent or more interest in the franchise, or, if appli-
cable, its parent corporation, during the fiscal year
and a list of all officers and members of the Board of
Directors of the franchisee and, if applicable, a list
of all officers of the parent corporation of the fran-
chisee, and
(7) Such other information as the Town Manager
or the Town Council may reasonably direct.
(b) Annual Plant Survey Report. A franchisee shall
prepare and submit, by August 31 of each year, a complete
survey of its plant and a full report thereon to the Town
Council. The purpose of the report shall be to assure the
town that the technical standards of the FCC and other ap-
plicable standards established herein are being maintained.
The plant survey shall include appropriate electronic mea-
surements and shall be conducted in conformance with such
requirements, including supervision, as the Town Manager
may require.
(c) Income Tax Reports. In addition, a franchisee
shall furnish to the Town Manager, within ten days after
filing, a true copy of its federal income tax return.
MINUTES OF APRIL 9 , 1980 MEETING.
Sec. 5. 1-40 . Service Requirements . 207
(a) A franchisee shall comply with all technical
standards and specifications established by the FCC through-
out the entire period of its franchise.
(b) A franchisee shall render efficient service, make
repairs promptly and interrupt the service only for good
cause and for the shortest time possible. Such interrup-
tions, insofar as possible, will be preceded by notice and
shall occur during periods of minimum use of the system.
(c) A franchisee shall maintain its principal office
in the town, which shall be open during all usual business
hours, having a publicly listed telephone and be so oper-
ated that complaints and requests for repairs or adjust-
ments may be received and acted upon on a 24-hour basis.
Article IX. Rates; Complaints; Proceedings .
Sec. 5. 1-41 . Filing and Publication of Rates, Rules and
Regulations.
COA franchisee shall publish and file with the Town
NManager schedules of all rates and charges for all ser-
vices offered to the subscribing public . Such schedules
shall plainly state the cost of each particular service
Q or combination of services, together with all rules, regu-
Q lations and requirements affecting the installation, main-
tenance and provision of service or which otherwise affect
the quality or cost of such service to the subscriber. The
manner and form by which such schedules are published shall
be reviewed and approved by the Town Manager. Copies of all
such schedules shall be available to the public upon pay-
ment of a reasonable fee equal to the cost of reproduction.
Sec. 5. 1-42 . Discriminatory or Preferential Practices Pro-
hibited.
The franchisee shall not, in its rates or charges, or
in making available the services or facilities of its system,
or in its rules or regulations, or in any other respect,
make or grant a preference or advantage to any subscriber
or potential user of the cable television system, or to any
user or potential user of the cable television system; and
shall not subject any such person to any prejudice or dis-
advantage. This provision shall not be deemed to prohibit
promotional campaigns to stimulate subscriptions to the
cable television system or other legitimate uses thereof.
Notwithstanding the aforementioned, this provision shall
not prohibit the franchisee 's establishment of special rates
or charges for subscribers eligible and participating in
the town ' s real estate tax relief for the elderly program
or handicapped persons, as defined in Section 46 . 1-104 .1 (al)
of the Code of Virginia.
Sec. 5. 1-43 . Rates.
(a) A franchisee ' s initial rates for both basic sub-
scriber service and special services shall not exceed the
rates submitted in the franchisee ' s application as a part
of its proposal for a Cable Television System franchise for
a minimum period of one year. Thereafter, future rate in-
creases throughout the term of the franchise shall be governed
by the procedures set out in the franchise agreement between
the town and franchisee. Calculation of the time period that
initial rates are valid will begin following the first sub-
scriber connection. /
(b) Notwithstanding the above, the town reserves the
right to regulate cable installation and service fees for
all cable services upon the finding that monthly service
MINUTES OF APRIL 9 , 1980 MEETING.
208 charges for one or more services or one or more instal-
lation charges exceeds by ten percent the average
charges in use by cable firms in other jurisdictions
within a 50 mile radius of Leesburg. Upon notice of
this finding to the franchiseee, the franchisee shall
reduce the offending charges to within the ten percent
limit prescribed within 30 days from said notice, or
the town shall implement permanent rate regulation pro-
cedures for the life of the franchise. The town shall
have the sole authority to develop procedures and method-
ology for rate regulation to insure reasonable rate regu-
lation and a fair return on investment by the franchisee
in the cable system. In determining a franchisee ' s rate
base for reviewing proposed rate increases, the town shall
not in any event take into account any value beyond; the , '.
net book value of a cable plant then in existence and de-
voted to cable television service . The regulation pro-
cedure at a minimum shall include hearings and 60 days '
notice from the effective date of any rate increase re-
quested.
Sec. 5 . 1-44 . Complaints .
(a) Complaints by any subscriber may be filed with
the franchisee in writing or delivered to the franchisee
orally in person or by telephone .
(b) Any complaints received from subscribers shall
be investigated by the franchisee and acted upon as soon
as possible, within one business day of the receipt.
(c) The franchisee shall keep a maintenance service
log that will indicate the nature of each complaint, the
name of the employee of the franchisee receiving the com-
plaint, the date and time it was received, the disposition
of the complaint and time and date thereof. The log shall
also indicate specific steps taken by the franchisee to
remedy the complaint. This log shall be made available
for inspection upon request by the Town Manager.
(d) Notwithstanding the above, the franchisee shall
advise the Town Manager in writing on a quarterly basis
of all unresolved complaints . The nature and number of
unresolved complaints shall be considered by the Town
Council during any subsequent renegotiations for exten-
sion of any cable television system franchise .
Article X. General Financial and Insurance Provisions .
Sec. 5. 1-45. Franchise Fee .
(a) As compensation for any franchise granted pur-
suant to this chapter in consideration of permission to
use the streets and public ways of the town for the con-
struction, operation, system, the franchisee shall pay
to the town an amount equal to three percent of the fran-
chisee ' s gross annual receipts from all sources attributal
to the operations of the franchise within the town, in-
cluding but not limited to pay cable, advertising, leased
access and any lump sum connection fees .
(b) Notwithstanding any other provision of this ar-
ticle, should FCC regulations be amended in the future
to allow the town to receive a fee greater than. that pro-
vided for herein, the percentage of gross receipts estab-
lished in Subsection 5 . 1-44 (a) above shall increase to
five percent effective January 1 in any year in which
the cable television system has 3, 000 subscriber connections .
(c) Payments to the town under this provision shall
be computed quarterly, for the preceding quarter as of
March 31, June 30 , September 30 and December 31 . Each
MINUTES OF APRIL 9 , 1980 MEETING.
quarterly payment shall be due and payable no later than 209
30 days after the applicable computation date. Each pay-
ment shall be accompanied by a report showing the basis
for the computation and such other relevant material as
required by the Town Manager.
(d) Acceptance of any payment by the town should not
be construed as agreement that the amount paid is in fact
the correct amount, nor shall such acceptance of payment be
construed as release of any claim for additional amounts
payable to the town . All amounts paid. shall be subject to
audit and recomputation by the town. In the event any such
audit or recomputation results in additional revenue pay-
able to the town, such amounts will be subject to a ten per-
cent simple interest charge.
(e) Nothing in this section shall be interpreted as
relieving a franchisee of local taxes.
Sec. 5. 1-47 . Application Fee.
Each applicant for a franchise under this chapter shall
CD submit a non-refundable filing fee in the amount of $1,000
CO which shall be payable to the Town of Leesburg, Virginia.
N _ All such fees shall be credited to the general fund of the
town for the purpose of investigation of franchise applica-
tions and enforcement and administration of the provisions
Q of this chapter. Not withstanding the above, the full a-
Q mount of the franchise fee shall be returned to all appli-
cants if no franchise is awarded.
Sec. 5. 1-47 . Liability, Indemnification and Bonding.
(a) Upon acceptance of any franchise under this chap-
ter, the franchisee shall pay all damages and penalties which
the town may legally be required to pay as a result of grant-
ing the franchise. These damages or penalties shall include,
but shall not be limited to, damages arising out of the in-
stallation, operation or maintenance of the cable television
system, whether or not any act or omission complained of is
authorized, allowed or prohibited by this chapter.
(b) Franchisee shall provide and pay for any legal de-
fense of the town with regard to all actions mentioned
above.
(c) Franchisee shall maintain, throughout the term of
its franchise, liability insurance in companies acceptable
to the town sufficient to cover such indemnification, and
naming as insured the town and the franchisee with minimum
limits of $500 , 000 on account of bodily injuries to or
death of one person, $1, 000 , 000 on account of bodily in-
juries to or death of more than one person as a result of
any one accident or disaster, and $500, 000 on account of
damage to property, and it will further deposit the policy
or policies of such insurance along with certificates there-
for with the town within 30 days of execution of any fran-
chise agreement.
(d) Within 30 days of execution of a franchise agree-
ment, a franchisee shall provide and maintain, as herein
provided, a faithful performance corporate surety bond or
other performance guarantee in a form approved by the town
attorney, running to the town, in the penal sum of $100 , 000,
payable to the town. The bond shall be released by the town
in full upon the franchisee meeting the requirements of Sub-
section 5 . 1-20 (b) herein.
Sec. 5. 1-48 . Security Fund.
Prior to execution of a franchise agreement, a franchisee
shall deposit $5, 000 in an escrow account with the town Di-
rector of Finance, to be held by the town and invested in
accordance to Sec. 2-84 (b) of the Town Code, throughout
MINUTES OF APRIL 9 , 1980 MEETING.
210 the initial and any subsequent term of a franchise. This
fund will provide cash as security for the faithful per-
formance by the franchisee of the provisions of this chap-
ter and of its franchise relating to construction of this
chapter and of its franchise relating to construction and
compliance with all orders , permits and directions of any
department of the town having jurisdiction over its acts
or defaults . Within 30 days after notice to it that any
amount has been withdrawn from the security fund deposit
as provided herein, the franchisee shall deposit in such
account a sum of money equal to the amount withdrawn .
Sec. 5. 1-49 . Penalties.
For violation of the provisions of this chapter, pen-
alties shall be chargeable by the manager to the security
fund unless corrected within 10 days of written notice
thereof by certified mail to the franchisee as follows :
(a) For failure to submit plans indicating
expected dates of installation of various
parts of the system; $25/day
(b) . For failure to commence operations in
accordance with requirements herein; $50/day
(c) For failure to complete construction
and installation of system as required; $50/day
(d) For failure to supply data requested by
town in connection with installation,
construction, customers or financial
reports ; $25/day
(e) For failure to restore the security
fund as required within the specified
thirty days, the entire cash deposit
remaining (if any) and the full amount
of the performance bond shall be for-
feited. $25/day
The franchisee may request the manager exclude from
the 10 day correction period delays equal to the time lost
for acts of God, labor disputes, abnormal weather condi-
tions, fires or other causes outside its control.
Article CI . Administration.
Sec. 5. 1-50 . Administration by Manager.
The day to day regulation, enforcement and adminis-
tration of any franchise granted under this chapter shall
be the responsibility of the Town Manager.
Sec. 5. 1-51 . Functions of the Town Manager.
The Town Manager ' s authority and responsibilities
with respect to a franchise granted pursuant to this chap-
ter shall include the following :
(a) To assist in the preparation of the invitation
to bid for cable television system franchise; to estab-
lish
criteria for review and ranking of franchise appli-
cations ; to review and screen applications for franchises
and to make selection recommendations to the Council.
(b) To monitor and enforce all aspects of the fran-
chisee ' s performance in meeting all terms, provisions, re-
quirements and construction schedules established in this
chapter.
(c) To advise and make recommendations to the Council
on matters which may constitute grounds for revocation of
a franchise in accordance with this chapter.
MINUTES OF APRIL 9, 1980 MEETING.
(d) To monitor and investigate where appropriate 211
complaints against the franchisee by any person.
Article XI . Rights of Individuals Protected.
Sec . 5 . 1-52 . Discriminatory Employment Practices Prohibited.
Franchisees shall not deny service, access or otherwise
discriminate against subscribers , channel users or general
citizens on the basis of race, color, religion, national
origin or sex. Franchisees shall strictly adhere to any
equal employment opportunity requirements of the FCC.
Franchisees shall comply with all other applicable fede-
ral, state and town laws , and all executive and adminis-
trative orders relating to nondiscrimination.
Sec. 5. 1-53. Restrictions on Cable Monitoring.
Except as otherwise provided by this section, the
franchisee shall not monitor, or arrange for the monitor-
ing, or permit any person, either expressed or implied
through their knowledge, to monitor any subscriber outlet
CO or receiver for any purpose whatsoever, without the
specific written authorization of the subscriber being
CO monitored, and other than to the extent so authorized by
(V such subscriber. Any information gathered by such monitor-
ing shall not be sold, given or otherwise transferred to any
person not in the employ of the franchisee or the person
Q supplying the service involved, provided that the fran-
chisee may conduct such monitoring as may be reasonably
necessary for (1) the maintenance and operation of the
cable television system; and (2) the collection of data for
the purpose of ascertaining viewer response to programming.
Any data collected for the purpose of ascertaining viewer
response to programming may be disseminated on an aggregate
basis only and may not in any way reveal or indicate any
information on individual subscribers.
Sec. 5 . 1-54 . Privacy and Other Human Rights .
The franchisee and the town shall maintain constant
vigilance with regard to possible abuses of the right and
privacy of other human rights of any subscriber, programmer
or general citizen resulting from any device or signal as-
sociated with the system.
Sec. 5. 1-55. Permission of Property Owner Required.
No cable, line, wire, amplifier, converter or other
piece of equipment owned by a franchisee shall be installed
by a franchisee without first securing the permission of the
owner of any property or easement involved. If such permis-
sion is later revoked, whether by the original or a subse-
quent owner, the franchisee shall remove forthwith any of
its equipment which is both visible and movable and promptly
restore the property to its original condition at the fran-
chisee 's expense .
Sec. 5. 1-56 . Sale of Subscriber Lists Prohibited.
A franchisee shall not sell, or otherwise make avail-
able, lists of the names and addresses of its subscribers,
without permission of the subscribers , to anyone other than
authorized town officials for purposes of enforcing fran-
chise provisions.
Article XII . Miscellaneous Provisions.
Sec . 5. 1-57 . Fraud.
It shall be unlawful for any person to defraud or at-
tempt to defraud any cable television system franchisee by
attempting to obtain any service therefrom without payment
MINUTES OF APRIL 9 , 1980 MEETING.
212 as described in Sec. 18. 2-187 . 1 of the Code of Virginia.
Any person who violates this provision, if the value of
service, credit or benefit procured is $100 or more, shall
be guilty of a Class 6 Felony; or if the value be less than
$100 shall be guilty of a Class 1 Misdemeanor, as penalties
for such are set out in the Code of Virginia.
Sec. 5. 1-58. No Recourse Against the Town.
The franchisee shall have no recourse whatsoever
against the town or its officials, boards, commissions,
agents or employees for any loss, cost, expense or dam-
age arising out of any provision or requirement of this
chapter or because of the enforcement of this chapter,
unless the same shall be caused by criminal acts or by
willful or gross negligence.
Sec. 5.1-59 . Official Name of Franchise.
Any franchisee licensed to operate a cable television
system within the town shall include the word "Leesburg" in
the official name of the said firm or corporation so author-
ized, upon the request of the town.
Sec. 5. 1-60 . Extensions Outside Corporate Limits .
(a) The franchisee shall not extend cable television
service to residents outside the franchise terrirory until
it has met the requirements of Section 5 . 1-20 (b) of this
chapter. Where extensions of the Cable Television System
are made outside the corporate limits of the town and con-
nect to the Cable Television System' s headend, the monthly
rate for basic service and special service to customers
outside of town shall contain a $1. 00 surcharge which the
franchisee shall pass directly through to the town on a
quarterly basis . This fee reimburses the town for costs
of administration and regulation of the Cable Television
System. The franchisee ' s receipts from cable services out-
side the corporate limits of the town shall be excluded from
the gross annual receipts used to calculate the franchise fee.
(b) For the purpose of determining the number of sub-
scribers with respect to Sec. 5. 1-26 of this chapter, sub-
scribers residing outside the town shall be included.
SECTION II. This ordinance shall be in full force and effect
from and after its passage.
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
80-0-7 - ORDINANCE - GRANTING TO
ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE,
RIGHT AND PRIVILEGE, UPON CERTAIN CONDITIONS,
TO USE THE STREETS , ALLEYS AND OTHER PUBLIC
PLACES OF THE TOWN OF LEESBURG, VIRGINIA,
WITHIN ITS CORPORATE LIMITS, AS THE SAME NOW
EXIST OR MAY BE HEREAFTER EXTENDED OR ALTERED,
FOR THE PURPOSE OF PROVIDING A CABLE TELEVISION
SERVICE AND SYSTEM WITHIN SAID CORPORATE LIMITS
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The right is hereby granted to
, hereinafter referred to as "Grantee, "
its successors and assigns, for the term and subject to the
terms, provisions, conditions and limitations hereinafter
stated, to use the streets , alleys and other public places
of the Town of Leesburg, Virginia, hereinafter referred to
as "Town, " and to acquire, erect, maintain and use, and if
now erected or installed, to maintain and use posts, poles,
MINUTES OF APRIL 9 , 1980 MEETING.
wires, manholes, ducts, cables, conduits , electrical 213
conductors, fixtures, appliances , appurtenances and
all other necessary apparatus in, under, over and •
along the streets, alleys and public places of the
Town as the same now exist or may be hereafter ex-
tended or altered.
SECTION II. The Grantee shall have the right to use,
maintain and operate, subject to the provisions, terms,
conditions and limitations prescribed in this franchise
and subject to all the terms and provisions of the Cable
Television Rules and Regulations , Chapter 5. 1 of the Town
Code, and subject to the lawful exercise of the police
power of the Town, the posts, poles, wires, manholes,
ducts , cables, conduits , electrical conductors, fixtures,
appliances, appurtenances and all other necessary apparatus
erected, maintained and used in, under, over and along the
streets , alleys and other public places of the Town on the
day this franchise becomes in force and effect for the pur-
pose of so providing a cable television service and system.
SECTION III . The grantee shall have the right to erect,
CO maintain and use such posts , poles , wires, manholes, ducts,
cables, conduits, electrical conductors , fixtures, appli-
CO ances, appurtenances and all other necessary apparatus in,
(v under, over and along the streets, alleys and other public
W places of the Town at such locations as are reasonably suit-
able and convenient for the purpose of the Grantee and the
Q Town subject to the terms, provisions, conditions and limi-
tations hereinafter stated and the lawful exercise of the
police power of the Town.
SECTION IV. The Town reserves and shall have the right to
require the Grantee to obtain the specific permission of the
Town to locate, construct or erect any micro-wave tower,
radio relay installation, television relay installation
and all other apparatus and appliances appurtenant thereto
in, on, under, over, above and along the streets , alleys
and other public places of the Town and the Town further
reserves and shall have the right to attach reasonable
conditions to the granting of any such specific permission.
The Town reserves and shall have the right to require the
Grantee to obtain the specific permission of the Town to
locate, construct or erect any of its property, including
but not limited to posts, poles, wires, manholes, ducts,
cables, conduits, electrical conductors , fixtures, ap-
pliances and appurtenances that exceed in height or size
that which are now in common use throughout the town in,
on, under, over, above and along the streets , alleys and
other public places of the Town and the Town further re-
serves and shall have the right to attach reasonable con-
ditions to the granting of any such specific permission.
SECTION V. Nothing contained in this franchise shall be
construed to exempt the Grantee from any tax, levy or
assessment which is now or which may be hereafter author-
ized by law.
SECTION VI . The Grantee will maintain its property, includ-
ing but not limited to posts, poles, wires, manholes , ducts ,
cables, conduits, electrical conductors, fixtures, appli-
ances and appurtenances, in good order and operating con-
dition throughout the term of this franchise, and the
Grantee by accepting this franchise agrees that the Town
or its successors has jurisdiction, to the full extent
and in the manner now or hereafter provided by law, during
the term of this franchise to require the Grantee to render
efficient cable television service at reasonable rates, and
that the Circuit Court of the County or its successor has
jurisdiction to enforce compliance with all of the terms ,
provisions, conditions and limitations of this franchise
to the full extent and in the manner now or hereafter pro-
vided by law during the term of this franchise.
MINUTES OF APRIL 9, 1980 MEETING .
214
SECTION VII . The Grantee agrees and binds itself to in-
demnify, keep and hold the Town and its officers, employees
and agents free and harmless from liability on account of
injury or damage to persons, firms or corporations or prop-
erty growing out of the erection, installation, maintenance,
repair, operation and use of any of the Grantee' s property,
including but not limited to posts, poles, wires, manholes,
ducts, cables, conduits, electrical conductors, fixtures,
appliances and appurtenances on the streets, alleys and
other public places of the Town, and to maintain throughout
the term of its franchise, liability insurance in companies
acceptable to the town sufficient to cover such indemnifi-
cation, all in accordance with the provisions of Sec. 5. 1-47
of the Town Code.
SECTION VIII . The rights granted to the Grantee by this
franchise may be exercised by any successor or successors,
assignee or assignees of the Grantee with the consent of
the Town Council but such successor or successors, assignee
or assignees shall be subject to and bound by all of the
provisions, terms , conditions and limitations prescribed
in this franchise.
SECTION IX. The rights and privileges granted by this fran-
chise shall continue for a term of fifteen (15) years from
the day of , 1980 unless sooner voluntarily
surrendered by the Grantee, with the consent of the Town
Council, or forfeited, or extended as provided by law.
Upon the expiration of the term of this franchise or sur-
render or forfeiture of the rights and privileges granted
by this franchise, the Grantee, if required by the Town
Council, shall remove all of its property, including but
not limited to posts, poles, wires, manholes, ducts, cables,
conduits, electrical conductors, fixtures, appliances and
appurtenances from the streets, alleys and other public
places of the Town, and shall repair, restore or replace
any street, alley or other public place and any sewer or
water, electric, fire alarm, civil defense system, police
communication or traffic control facility or tree, or any
part thereof, which may be damaged, disturbed or destroyed
by or as a direct or indirect result of the removal of such
property.
SECTION X. This franchise and the rights and privileges
granted thereby are not exclusive and nothing in this ordi-
nance shall be construed to prevent a grant by the Town of
a similar franchise and rights and privileges to other per-
sons or corporations .
SECTION XI. This ordinance shall become effective when the
Grantee (a) accepts this franchise and agrees to exercise
the rights and privileges granted by this franchise and
upon and subject to the terms, provisions , conditions and
limitations set forth in this franchise, which acceptance
and agreement shall be in writing and (b) at the same time
files with the Town the performance bond and security de-
posit required by Sec. 5. 1-47 and Sec. 5. 1-48 of the Town
Code. Such written acceptance and bond shall be filed as
provided in this section before the day of
1980 .
Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
80-0-8 , - ORDINANCE - PROVIDING FOR THE GRANTING TO A PERSON OR
CORPORATION, ITS SUCCESSORS AND ASSIGNS
HEREAFTER TO BE SELECTED IN A MANNER PRE-
SCRIBED BY LAW, THE FRANCHISE, RIGHT AND
PRIVILEGE TO USE THE STREETS, *ALLEYS AND
c. OTHER PUBLIC PLACES OF THE TOWN OF LEESBURG
FOR THE PURPOSE OF PROVIDING A CABLE TELE-
VISION SERVICE AND SYSTEM.
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
215
MINUTES OF APRIL 9, 1980 MEETING.
SECTION I . The Annexed Ordinance, entitled "AN ORDINANCE:
GRANTING TO , ITS .
SUCCESSORS AND ASSIGNS, THE FRANCHISE, RIGHT AND PRIVILEGE,
UPON CERTAIN CONDITIONS, TO USE THE STREETS AND ALLEYS AND
OTHER PUBLIC PLACES OF THE TOWN OF LEESBURG, VIRGINIA, WITH-
IN ITS CORPORATE LIMITS, AS THE SAME NOW EXISTS OR MAY BE
HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING
A CABLE TELEVISION SERVICE AND SYSTEM WITHIN SAID CORPORATE
LIMITS" shall be advertised once a week for four successive
weeks in the Loudoun Times-Mirror, a newspaper published
in the Town of Leesburg, Virginia and having a general cir-
culation in the Town of Leesburg. The purpose of said ad-
vertisement is to provide, in the manner prescribed by law,
for the granting of a franchise to use the streets , alleys
and other public places of the town for the purpose of con-
structing and operating a cable television service and sys-
tem subject to the terms , conditions , provisions and limi-
tations embodied in the aforementioned annexed ordinance .
SECTION II . The public notice to be published with said
ordinance shall be as follows :
"The Town of Leesburg, Virginia hereby invites sealed bid
proposals for the franchise, right and privilege, upon cer-
tain conditions , to use the streets, alleys and public
places of the Town of Leesburg for the purpose of providing
a cable television service and system within the Town of
Leesburg subject to the terms , provisions and requirements
of the following proposed ordinance : (Here the ordinance
shall be set out in full) .
Bids must be submitted in writing and delivered to the Mayor
of the Town in open session of the Council to be held in the
Council Chambers , 10 W. Loudoun Street, in Leesburg, on June
11, 1980 at 7 : 30 p.m.
The Public Notice, Invitation for Proposals, Application
Form and Chapter 5. 1 of the Town Code, incorporated within
the franchise ordinance by reference, constitute the invi-
tation to bidders for the cable television service and sys-
tem franchise and are available in the Office of the Town
Manager, P . 0. Box 88, Leesburg, Virginia 22075, during
regular office hours.
The successful bidder shall reimburse the Town of Leesburg
for the cost of advertisement. The right to reject any and
all bids and to award the franchise in. the best interest of
the town is reserved. A proposal fee of $1 ,000 is required
which is only refundable in the event no franchise is awarded. "
Aye : Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
Mr. Hill asked why we are waiting 60 days? Mr. Niccolls explained
that bids must be advertised for four weeks in a local newspaper
and received not more than 7 days after the last advertisement.
The bid date of June 11 is approximately 60 days, allowing for
widespread advertisement and for response. We know of 8 or 9
firms that are prepared rather quickly.
Mr. John Lubetkin said there will be a national cable tele-
vision association convention in late May. Announcements can be
made at that time, with June 11 giving all applicants an oppor-
tunity. For this reason, he would prefer the June 11 date.
80-0-9 - ORDINANCE - AMENDING SECTIONS 17 . 1 AND 17 . 4 OF THE
TOWN CODE.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the follow-
ing ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg , Virginia,
as follows :
216
MINUTES OF APRIL 9 , 1980 MEETING.
SECTION I . Sections 17 . 1 and 17. 4 of the Town Code are
amended to read as follows :
Sec. 17-1 . Annual levy and rate of taxes.
Taxes shall be levied and collected as provided by
law on taxable real estate, tangible personal property
and bank capital in the town for each fiscal year begin-
ning July 1 and ending June 30 for the support of the
town government, payment of interest on town debt and
for other town purposes. Every person assessed taxes
by the town shall pay them as required by law.
( 1) Taxes on all real estate and all tangible
personal property, except the property
of public service corporations, shall be
as follows :
Rate of Tax per
Classification of Property $100 Assessed Value
(a) Real estate $ 0 . 22
(b) Vehicles used as mobile homes
or offices as described in Sec.
58-829 . 3 of the Code of Vir-
ginia $ 0 . 22
(c) All other tangible personal
property except that listed
in Sec. 58-829 . 1 of the Code
of Virginia $ 1. 00
(2) Taxes on all real estate and all tangible
personal property of public service cor-
porations shall be as follows :
Rate of Tax per
Classification of Property $100 Assessed Value
(a) Real estate except as pro-
vided in (b) below $ 0 . 22
(b) Real estate which has not
been equalized as provided
for in Sec . 58-512 . 1 of the
Code of Virginia which shall
continue to be assessed at
forty per centum of fair
market value $ 0 . 65
(c) Tangible personal property $ 1 . 00
(d) Property classified as tangi-
ble personal property by
the town before January 1,
1966 , except that portion re-
classified as real estate
under Sec . 58-514 . 2 of the
Code of Virginia $ 1. 00
(e) Property classified as tanI/
-
gible personal property by
the town before January 1,
1966 and reclassified as real
estate under Sec. 58-514 . 2 of
the Code of Virginia $ 0 . 22
(3) The tax on all bank capital shall be at
the rate of $0 . 80 per $100 . 00 of the net
capital of banks located in the town pur-
suant to Title 58, Chapter 10 . 01 of the
Code of Virginia.
MINUTES OF APRIL 9 , 1980 MEETING .
Sec. 17-4 . Report required of banks. 217
Any bank, as defined in Title 58 , Chapter 10 . 01 of
the Code of Virginia, located in the town shall deliver
annually to the Director of Finance a copy of the report
banks are required by the State Code to furnish to the
commissioner of revenue for the county.
SECTION II. This ordinance shall be in effect upon its
passage, and Sec. 17-1 ( 3) shall apply in the fiscal year
ending June 30, 1980 to the capital of banks located in
the town as of January 1, 1980 .
Mr. Niccolls explained that this has the effect of changing our
bank stock tax so that it is in compliance with the latest State
law on such taxes . It gives it a new name - the same tax rate
and the same revenues are anticipated. We need to adopt it be-
fore May 1 because that is the date of assessment. The banks
will be paying this on bank franchise values for January 1, 1980
and will be paying it during the month of June. The State law
specifically allows these ordinances to be retrospective. The
ordinance was unanimously adopted:
CD Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
CO Tolbert and Mayor Rollins.
CO Nay : None.
QPROPOSED RESOLUTION CONCERNING THE LEASING OF THE LOG CABIN AT
14 WEST LOUDOUN STREET.
On motion of Mrs . Hill, seconded by Mr. Cole, a resolution
proposed to lease the log cabin to the Loudoun County Chamber of
Commerce was referred back to the Finance and Administration Com-
mittee. The general thought was that it should be decided and
recommended by the committee as to what type of operation they
want in the log cabin and whether it should be advertised. The
motion to send it back to committee was adopted by a vote of 6
to 1 :
Aye : Councilmembers Cole, Herrell , M. Hill, Murray, Tolbert
and Mayor Rollins .
Nay : Councilmember D. Hill.
80-45 - RESOLUTION - AUTHORIZING LOANS FROM THE UTILITY FUND TO
THE AIRPORT FUND FOR THE LEESBURG AIRPORT
ADAP PROJECT.
On motion of Mrs . Hill , seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
If required to make timely payments to the contractor for
Leesburg Airport ADAP Project #5-51-0027-02 , loans of un-
encumbered utility fund balances are authorized to the
airport fund to be paid back from future ADAP project
grant revenues of the airport fund with interest of 13%
per annum compounded annually.
Mr. Niccolls said it is anticipated that the maximum loan would
be in the neighborhood of $50, 000 for probably only 60 days while
the FAA and the SCC are passing the money down to us . Mr. Minor
explained that the Airport Fund now has bills in excess of its
present balance. They will borrow the minimum amount needed.
Mayor Rollins pointed out to Council that they are borrowing
from one fund for the benefit of another. Mr. Hill said he
could vote for it if he could be sure the loan would be for
only 30 days . The resolution was unanimously adopted:
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
MINUTES OF APRIL 9 , 1980 MEETING.
218 S 80-46 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1980.
On motion of Mrs . Hill, seconded by Mr. Herrell, the follow-
ing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The following appropriations are made from the
General Fund to accounts below for the fiscal year ending
June 30 , 1980 :
Account No . 10110 .102 Street Department Overtime $1, 600 .00II
Account No. 10110 . 854 Phase IV - Storm Sewer $2 , 500 .00
SECTION II . A supplemental appropriation is made from the
Utility Fund to Account No . 20500 . 805 Waterworks Improve-
ments, in the amount of $20 , 842 . 63, for the fiscal year
ending June 30 , 1980 .
Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
On motion of Mrs . Hill, seconded by Mr. Tolbert, Council
voted unanimously to go into executive session to discuss legal
and personnel matters .
Council reconvened and on motion, duly seconded, Council
voted unanimously to adjourn with no action taken.
Mayorid_c_rts ,te ,e,
I
Clerk of th Council