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HomeMy Public PortalAbout2006_12_12_r210 The Town of Leesburg, Virginia PRESENTED December 12.2006 RESOLUTION NO. 2006-210 ADOPTED December 12.2006 A RESOLUTION: REVOKING THE GATEHOUSE CABLE FRANHCISE BY GRANTING THEIR REQUEST TO SURRENDER AND AUTHORIZING THE TOWN MANAGER TO SIGN THE DOCUMENTS ASSOCIATED WITH THEIR FRANCHISE RELEASE WHEREAS, on March 9, 2004, the Town of Leesburg granted a limited franchise to Lamont Digital Systems d.b.a. Gatehouse Networks to build and operate a cable television system in the Edwards Landing Subdivision to provide cable service; and WHEREAS, on April 25, 2006 the Town of Leesburg provided Gatehouse with a notice of franchise violation for construction related issues and failure to pay the Institutional Network Payment described in Article V of the Leesburg Cable Ordinance; and WHEREAS, on May 10,2006 and June 19,2006 Gatehouse requested to surrender their franchise agreement and cease providing cable service to the residents of Edwards Landing effective December 31,2006; and WHEREAS, Gatehouse requested that the Town release them from the Institutional Network (INET) payment described in Section XIII ofthe Gatehouse Franchise Agreement; and WHEREAS, Town Staff and members of the Cable Advisory Commission recommended revoking the cable franchise pending settlement of the Institutional Network payment; and WHEREAS, Gatehouse has agreed to settle the INET default with releasing the $20,000.00 surety; and WHEREAS, Council had considered Article V, Section 5.1-17 of the Town Code; and WHEREAS, Council has considered the input from the public and the input it has received from the Commission; and -2- A RESOLUTION: REVOKING THE GA TEHOUSE CABLE FRANHCISE BY GRANTING THEIR REQUEST TO SURRENDER AND AUTHORIZING THE TOWN MANAGER TO SIGN THE DOCUMENTS ASSOCIATED WITH THEIR FRANCHISE RELEASE WHEREAS, on December 12,2006 the Council conducted a public hearing on Gatehouse's request after proper public notice. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. That Council grants Gatehouse's request that their cable franchise be revoked and surrendered. SECTION II. That, as further condition of this revocation, the Town will retain the Gatehouse bond in the amount of $20,000 in exchange for the INET default. SECTION III. The Town Manager is hereby authorized to execute any and all documents associated with their franchise release. PASSED this 12th day of December 2006. ~d'(}~ Town of Lees burg ATTEST: a.~ uJ. a 7f~ erk of CouncIl R06: Gatehouse Franchise Revocation