HomeMy Public PortalAbout1998_07_28_O017The Town of
Leesburg,
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ORDINANCE NO.
AN ORDINANCE:
PRESENTED July 28, 1998
98-0-17 ADOPTED July 28, 1998
ADOPTING PUBLIC RIGHTS-OF-WAY USE FEE PURSUANT
TO ARTICLE 1 OF CHAPTER 15 OF TITLE 56 OF THE CODE
OF VIRGINIA
WHEREAS, it is provided by general law that (1) every telegraph company and
every telephone company incorporated by this or any other state, or by the United States,
shall have authority to occupy and use the public parks, roads, works, turnpikes,, streets,
avenues and alleys in any of the counties of the Commonwealth, with the consent of the
board of supervisors or other governing authority thereof, or in any incorporated city or
town upon obtaining an appropriate franchise and with the consent of the council thereof,
for the erection of poles and wires, or cables, or the laying of underground conduits,
portions of which they may lease, rent, or hire to other like companies; and (2) no locality
shall impose any fees on a certificated provided or telecommunications service for the use
of public rights-of-way except in the manner prescribed in Section 56-468.1 of the: code of
Virginia; provided, however, the provisions of Section 56-468.1 shall not apply to
providers of commercial mobile radio services; and (3) no locality shall require any such
provider of telecommunication service to provide in-kind services or physical assets as a
condition of consent therefor; provided, however, that localities, their authorities or
commissions which provide utility services may enter into voluntary pole attachment,
conduit occupancy or conduit construction agreements with such providers of
telecommunication services; and
ORDINANCE:
-2-
PUBLIC RIGHTS-OF-WAY USE FEE
WHEREAS, Section 56-468.1 of the code of Virginia sets forth in detail the
manner in which the Public Rights-of-Way Use Fee is to be calculated for the benefit of
localities in the Commonwealth, the extent of its application, the method and means of
billing and collecting said fee and transmission of the appropriate amount thereof to this
jurisdiction and other localities.
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Notwithstanding any other provision of law, including its charter,
or Code section of, or any franchise granted by, this jurisdiction, or of any other
ordinance, resolution or provision of law heretofore adopted or applicable to this
jurisdiction in any way relating thereto, and in lieu of any other fee or charge therefor, this
jurisdiction hereby adopts the Public Rights-of-Way Use Fee as herein above described,
effective as of .~uly 28, 1998 in order that collection of the said fee shall
commence as provided in subparagraph I of said Section 56-468.1 of the Code of
Virginia. Terms herein shall have the same meaning as outlined in Section 56-468.1.
SECTION II. The Town Manager is directed to give notice in writing forthwith of
this .jurisdiction's adoption of the Public Rights-of-Way Use Fee to be sent by certified
mail to the registered agent of each certificated provider of local telephone e~cchange
service with this jurisdiction.
ORDINANCE:
-3-
PUBLIC RIGHTS-OF-WAY USE FEE
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this 28th day of July, 1998.
ATTEST:
Clerk of Council
· Clem, Mayor
Town of Leesburg
The Town of
Leesburg,
Virginia
ORDINANCE NO. 98-0-17
AN ORDINANCE:
PRESENTED July 28, 199f!
ADOPTED July 28, 199f!
AMENDING THE LEESBURG TOWN CODE TO ADD
ARTICLE IX. PUBLIC RIGHTS-OF-WAY USE FEE
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
Article IX. Public Rights-of-Way Use Fee
Sec. 17-212. Manner in which Public Rights-of Way Use Fee is to be
calculated.
Section 56-468.1 of the code of Virginia sets forth in detail the manner in which
the Public Rights-of-Way Use Fee is to be calculated for the benefit of the Town of
Leesburg, the extent of its application, the method and means of billing and collecting
said fee and transmission of the appropriate amount thereof to the Town of Leesburg.
Sec. 17-213. Adoption of the Public Rights-of-Way Use Fee.
Notwithstanding any other provision of law, including the Town of Leesburg's
charter, or Code section of, or any franchise granted by, the Town of Leesburg, or of any
other ordinance, resolution or provision of law heretofore adopted or applicable to the
Town of Leesburg in any way relating thereto, and in lieu of any other fee or charge
therefor, the Town of Leesburg hereby adopts the Public Rights-of-Way Use Fee as
herein above described, effective as of July 28, 1998 in order that collection of the said
fee shall commence as provided in subparagraph I of said Section 56-468.1 of the Code
of Virginia. Terms herein shall have the same meaning as outlined in Section 56,-468.1.
PASSED this 28th day of July, 1998.
ATTEST:
Jam/es E. Clem, Mayor
Town of Leesburg, Virginia
Clerk of Council