HomeMy Public PortalAbout1995_03_28_R066 The Town of
Leesburg,
Virginia
RESOLUTION NO. 95-66
A RESOLUTION:
PRESENTED March 28, 1995
ADOPTED March 28, 1995
APPROVING AN EXTENSION OF THE CABLE TELEVISION
FRANCHISE AGREEMENT WITH BENCHMARK ACQUISITION
FUND I LIMITED PARTNERSHIP (CABLEVISION OF LOUDOUN)
AND AUTHORIZING EXECUTION OF THE EXTENSION
AGREEMENT BY THE MAYOR
WHEREAS, the Leesburg Town Council on April 9, 1980, adopted ordinance No. 80-0-8
providing for the granting to a person or corporation, its successors and assigns hereafter to be
selected in a manner prescribed by law, the franchise, right and privilege to use the streets,
alleys and other public places of the Town of Leesburg for the purpose of providing a cable
television service and system; and
WHEREAS, on October 14, 1980 the Town Council adopted Ordinance No. 80-0-15
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; and
WHEREAS, by Resolution No. 80-108, the Town entered into a Franchise Agreement
with Catoctin Cable Communications, Inc.; and
WHEREAS, the Town Council subsequently approved the transfer of the cable television
franchise on May 1, 1985, to Prime Cable of Maryland Limited Partnership; on October 11,
1988, to Maryland Cable Corp.; and on June 22, 1993, to Benchmark Acquisition Fund I, L.P.
(Cablevision of Loudoun); and
A RESOLUTION:
-2-
APPROVING AN EXTENSION
FRANCHISE AGREEMENT...
OF THE CABLE TELEVISION
and
WHEREAS, the aforementioned Franchise Agreement will expire on November 1, 1995;
WHEREAS, Section 5.1-36 of the Town Code permits the franchise to be renewed or
extended at the sole option of the town for a period of five years; and
WHEREAS, the Town has had insufficient experience with the current cable operator
to adequately judge the franchisee's past performance and public benefit of a new long-term
franchise and deems it in the public interest to extend the existing Franchise Agreement for a
period of four (4) years, eleven (11) months.
THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Franchise Agreement dated October 14, 1980, is hereby extended for
a period of four (4) years, eleven (11) months subject to execution of the Extension Agreement
as provided below.
SECTION II. The Mayor shall execute the above-mentioned Extension Agreement on
behalf of the Town.
PASSED this 28th day of March, 1995.
Clerk of Council
r:cable
J)atmes E. Clem, Mayor
,drown of Leesburg