HomeMy Public PortalAbout1980_04_09_O007ORDINANCE NO.
AN ORDINANCE:
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PReSeNtED April 9, 1980
80-0-7
_._ ADOPTED April 9,'1980
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, wires, 'manholes, ducts, cables,
conduits, electrical conductors, fixtures, appliances, appurte-
nances and all other necessary apparatus in, under, over and along
the streets, alleys and public places of the Town for the purpose
of providing a cable television service and system within the
corporate limits of the Town as the same now exist or may be here-
after extended or altered.
SECTION II. The Grantee shall have the right to use, main-
tain 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 Cod~ 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 purpose of so providing a cable television
service and system.
SECTION III. The Grantee shall have the right to erect, maintain
and use such posts, poles, wires, manholes, ducts, cables, conduits,
electrical conductors, fixtures, appliances, appurtenances and all
other necessary apparatus in, under, over and along the streets,
alleys and other public places of the Town at such locations as are
reasonably suitable and convenient for the purpose of the Grantee
and the Town subject to the terms, provisions, conditions and
limitations 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
install~tion,'televisio~ 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, appliances and appurtenances that exceed in height or size
that which are now inco~,~nusethroughoutthe town in, on., unde~ 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 per-
mission.
SECTION V. Nothing contained in this franchise shall be con-
strued to exempt the Grantee from any tax, levy or assessment which
is now or which may be hereafter authorized by law.
SECTION VI. The Grantee will maintain its property, including
but not limited to posts, poles, wires, manholes, ducts, cables,
conduits, electrical conductors, fixtures, appliances and appurte-
nances, in good order and operating condition 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 theCounty 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
provided by law during the term of this franchise.
SECTION VII. The Grantee agrees and binds itself to indemnify,
keep and hold the Town and its officers, employees and agents
free and harmless from liability on account of injury or damage to
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persons, firms or corporations or property 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 con-
ductors, fixtures, appliances and appurtenances on the streets,
alleys and other public places of the Tow~ and to maintain throughout
the term of its franchise, liability insurance in companies acceptable
to the town sufficient to cover such indemnification, all in accord-
ance with the provisions of Sec. 5.1-47 of the Town Code.
SECTION VIII. The rights granted to the Grantee by this fran-
chise 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 limita-
tions prescribed in this franchise.
SECTION IX. The rights and privileges granted by this franchise
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 extendedas provided
by law. Upon the expiration of the term of this franchise or
surrender 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 wate~ 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 ordinance
shall be Construed to prevent a grant by the Town of a similar
franchise and rights and privileges to other persons 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 p'erformance bond and
security deposit required by Sec. 5.1-47and Se~. 5.1-48 of the Town Code.
~h-written-acceptance and bond shall be fiIed ~as proVfde~-in-t~is
section before the day of , 1980.
PASSED THIS 9th
day of April , 1980.
, Mayor
Town of Leesburg
ATTEST:
Clerk of Co~cil -
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