The licensee shall, to the extent it is reasonably
possible, attach its distribution facilities to present utility poles
and shall erect no poles upon the public streets, alleys or sidewalks
within the Borough of Chambersburg without the express written consent
and approval of the Manager of Utilities of the Borough of Chambersburg.
No permission is granted to the licensee to erect poles or maintain
overhead distribution facilities upon or over those parts of streets
or alleys within the Borough of Chambersburg where no overhead poles
and facilities presently exist, and the licensor reserves the right
to extend the areas within the borough within which poles and overhead
facilities will not be permitted, and the licensee shall at its own
expense remove or rearrange all of its facilities in any such area
or areas so as to meet the terms of any order issued to it by the
licensor calling for such removal or rearrangement. Such removal or
rearrangement shall be completed within 30 days after notice, and
if the licensee fails to complete such removal or rearrangement, the
licensor may remove or rearrange the same and collect the cost thereof
from the licensee.
[Amended 1-31-1966 by Ord. No. 66-6]
Permission is granted to use the poles of the
Electric Department of the licensor under and subject to the terms
of an agreement between the licensor and licensee dated as of October
14, 1963, which agreement is hereby approved by the licensor and incorporated
herein by reference thereto, provided that the Town Council of the
Borough of Chambersburg may, by motion, agree to amend or change the
provisions of said agreement so as to change the amount of bond required
to be furnished by the licensee under such contract.
The distribution facilities of the licensee
shall be at all times maintained in good and safe order and condition
and shall be constructed and maintained so as not to interfere with
television reception by inhabitants of the Borough of Chambersburg
not using the licensee's service.
The permission granted hereby shall be subject
to all of the ordinances, regulations and rules now in force or which
may hereafter be adopted relative to the use of streets and alleys
of the Borough of Chambersburg.
Breach of any of the conditions and terms of
this ordinance or of the aforementioned agreement for the use of the
licensor's poles shall be grounds for the rescission of the permission
hereby granted.
The construction, installation, maintenance,
operation and type of service rendered by the licensee, to the extent
not in conflict with this ordinance or the aforementioned agreement
between the licensor and licensee, shall be substantially in accord
with the representations contained in the licensee's (actually the
licensee's unincorporated predecessor) application for a franchise
or license submitted under date of July 8, 1963, and failure to comply
therewith shall be grounds for rescission of this license.
Service shall be made available to all inhabitants
of the Borough of Chambersburg who may desire such service, except
in any areas which may not be economically served because of the refusal
of the licensor to permit the erection of poles or distribution facilities
upon certain street or alleys, and failure to render such service
shall be grounds for rescission of this license.
[Amended 9-12-1966 by Ord. No. 66-33]
The rights hereby given shall not be assignable
by the licensee without the specific consent of the licensor, which
consent shall be given only by ordinance properly adopted, and in
the event of transfer of ownership and control of the licensee by
transfer of more than 50% of the outstanding stock of the licensee
or by the transfer of the physical assets of the licensee, the specific
consent of the licensor to such transfer shall be obtained or the
permission or license granted is rescinded and of no further force
and effect.
The rights hereby given shall be effective only
to the extent the licensor has the legal authority and right to do
so, and it shall be the responsibility of the licensee to obtain any
necessary consents from any other public body or authority or from
the owners of properties which may be required to exercise any of
the rights granted hereby.