HomeMy Public PortalAbout1985_05_01_R062The Town of Leesburg in Virginia
RESOLUTION NO. 85-62
PRESENTED May 1, 1985
AMENDED May 1~ 1985
ADOPTED May 1, 1985
A RESOLUTION: APPROVING CONSENT TO TRANSFER THE CATOCTIN CABLE COMMUNICATIONS,
INC. CATV FRANCHISE TO PRIME CABLE OF MARYLAND LIMITED PARTNERSHIP
WHEREAS, by Ordinance No. 80-0-15 of the Town of Leesburg, Mayor and
Council granted to Catoctin Cable Communications, Inc. a CATV Franchise on
October 14, 1980; and
WHEREAS, the Town of Leesburg entered into a Franchise Agreement with
Catoctin Cable Communications, Inc. on October 14, 1980, evidencing the grant of
the Franchise; and
WHEREAS, Catoctin Cable Communications, Inc. has informed the Council that
it has entered into an agreement pursuant to which it would transfer its cable
television franchise in Leesburg, Virginia to Prime Cable of Maryland Limited
Partnership, a Delaware Limited Partnership; and
WHEREAS, in accordance with Article III of the Town's aforesaid cable tele-
vision ordinance, Catoctin Cable Communications, Inc. has requested the Council
to consider its proposed transfer and adopt a resolution as required by said
Article III, Section 5.1-8, thereof to authorize the transfer of the Leesburg
Cable Television Franchise from Catoctin Cable Communications, Inc. to Prime
Cable of Maryland Limited Partnership; and
WHEREAS, Prime Cable of Maryland Limited Partnership has filed the required
application for consent to transfer of the Town of Leesburg's CATV franchise
agreement, paid the required application fee and has provided proof that it
possesses the requisite qualifications to construct, operate and maintain the
CATV system in the Town of Leesburg; and
WHEREAS, the Town of Leesburg Cable Television Advisory Commission has
reviewed the application for consent to transfer of the franchise to Prime
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Cable of Maryland Limited Partnership and has recommended that the Council con-
sent to the transfer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Catoctin Cable Communications, Inc. is authorized to transfer
its cable television franchise with the Town of Leesburg to Prime Cable of
Maryland Limited Partnership.
SECTION II. This consent is granted under the conditions that Prime Cable
of Maryland Limited Partnership agrees to comply with all the provisions of the
aforesaid franchise agreement and the Cable Television Ordinance of the Town of
Leesburg.
SECTION III. Catoctin Cable Communications, Inc. and Storer
Communications, Inc. are hereby released from any and all of their obligations
to the Town of Leesburg under the aforesaid Cable Communication franchise from
and after the date of the transfer of the franchise to Prime Cable of Maryland
Limited Partnership.
SECTION IV. The town manager is directed to inform Catoctin Cable
Communications, Inc. and Prime Cable of Maryland Limited Partnership of this
action in writing by furnishing them with executed copies of this resolution
authorizing the transfer of the Cable Television Franchise for the Town of
Leesburg to Prime Cable of Maryland Limited Partnership.
SECTION V. The transfer to Prime Cable of Maryland Limited Partnership is
effective upon the express condition that all documents relating to the sale
and transfer of the franchise are approved as to legal form by the Town
Attorney, and the Town Manager certifies to Council that Prime Cable of Maryland
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Limited Partnership has complied with all aspects of its application, including
funding of the Limited Partnership.
SECTION VI. This authorization for the transfer shall remain in effect
for thirty days and, if the transfer is not consummated within said period,
this authorization is void.
SECTION VII. Prime Cable of Maryland Limited Partnership shall furnish
a corporate surety bond in the penal sum of $100,000 to the Town of Leesburg in
a form approved by the Town Attorney to guarantee the performance of Prime Cable
of Maryland Limited Partnership with all of the terms of the aforementioned
franchise agreement dated October 14, 1980, which said bond shall be in force
for a period of five years from the effective date of transfer.
PASSED this 1st day of May , 1985.
ATTE ST:
Charles ~. Williams, v Vice Mayor
Town of Leesburg
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