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HomeMy Public PortalAbout1980_10_14_O015 TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 80-0-15 PRESENTED OctOber 8~ 1980 ADOPTED OCtober 14, 'i980 AN ORDINANCE: GRANTING TO CATOCTIN CABLE COMMUNICATIONS, INC., 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 Catoctin Cable Communications, Inc., 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, appurtenances 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 hereafter extended 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, appliance, 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 loca- tions 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 Grante~ 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 ~2~ and along the streets, alleys and other public places of the Town and the Town further reserves and shall have the right to attack 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 theTown to locate, construct or erect any of its property, including but not limited to posts, poles, wires, man- holes, ducta, cables, conduits, electrical conductors, fixtures, appliances and appurtenances that exceed in height or size that which are now in common use through- out the town in, on, under, over, above and along the streets, alleys and other pub- lic places of the Town and the Town further reserves and shall have the right to at- tach reasonable conditions 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 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, fix- tures, appliances and appurtenances, in good order and operating condition through- out th~ 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 man- ner 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 thefull 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 lia- bility 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 indemnification, all in accordance with the provisions of Sec. 5.1-47 of the Town Code. SECTION VIII. Therights 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, con- ditions and limitations 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 first day of November 1980 unless sooner voluntarily surrenderedby 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 surrender or forfeiture of the rights and privileges granted by this franchise, the Grantee, if required by the Town Council, shall re- move all of its property, including but not limited to posts, poles, wires, manholes, ducts, cables, conduits, electrical conductors, fixtures, appliances and appurte- nances from the streets, alleys and other public places of the Town, and shall re- pair, restore or replace any street, alley or'other public place and any sewer or -3- 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 ~emoval 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 performance bond and security deposit 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 first day of November, 1980. PASSED this 14th day of October , 1980. ATTEST: .~ ~ ~lerk of ~Cil -