[Ord. 1375, 2/14/1977, § 6]
Every franchise granted pursuant to this Part shall be subject
to, and shall expressly indicate that it is subject to, the following
provisions:
A.
Any franchise granted hereunder shall be subject to the right of
the Borough by resolution of Council to revoke the franchise as set
forth in subpart (B) of this Part.
B.
Any franchise granted hereunder shall be subject to all applicable
provisions of Borough ordinances, any and all amendments thereto,
whether made prior to or after the inception of the franchise.
C.
Any franchise granted hereunder shall be subject to the right of
the Borough:
(1)
To repeal the same for misuse, nonuse or the failure to comply
with the provisions of this Part, or any other local, State or Federal
laws, or FCC rules or regulations, or failure to construct and install
their facilities in accordance with the National Electric Safety Code
and National Electric Code.
(2)
To require proper and adequate extension of plant and service
maintenance thereof at the highest practical standard of efficiency
and specifically to require extension of subscriber service to all
residents of the Borough within two years of the inception of the
franchise. 50% of the system shall be operating within 12 months of
the receipt of the Certificate of Compliance from FCC, and the remaining
50% of the system within 24 months of the receipt of the Certificate
of Compliance.
(3)
To establish reasonable standards of service and quality of
products and to prevent unjust discrimination in service or rates.
(4)
To require continuous and uninterrupted service to the public
in accordance with the terms of the franchise throughout the entire
period thereof.
(5)
To impose such other regulations as may be determined by the
Council to be conducive to the safety, welfare and accommodation of
the public.
(6)
To use, control and regulate the use of its streets, alleys,
bridges and public places and spaces above and beneath them. Every
franchisee shall pay such part of the cost of improvement or maintenance
of streets, alleys, bridges and public places, as shall arise from
its use thereon and shall protect and save the Borough harmless from
all damages arising from the said use; and may be required by the
Borough to permit joint use of its property and appurtenances located
in the streets, alleys and public places of this Borough, by the Borough
and other utilities insofar as such joint use may be reasonably practicable
and upon payment of reasonable rental therefor; provided, that in
the absence of agreement, upon application by any franchisee, the
Council shall provide for arbitration of the terms and conditions
of such joint use and the compensation to be paid therefor, which
award shall be final.
(7)
To install and maintain, without charges, its own equipment
upon the franchisee's poles upon the condition that the said
equipment shall not interfere with the operations of the franchisee.
(8)
Through its appropriately designated representatives, to inspect
all construction and installation work performed subject to the provisions
of the franchise and this Part, and make such inspections as it shall
find necessary to insure compliance with the terms of the franchise,
this Part and of other pertinent provisions of law.
(9)
At the expiration of the term for which this franchise is granted
or upon the termination and cancellation as provided in subpart (B)
of this Part, to require the franchisee to remove at its own expense
any and all portions of the CATV system from the public ways within
the Borough. The removal of the system shall be completed within two
months of termination and/or cancellation.
D.
No franchise shall be exclusive.
[Ord. 1375, 2/14/1977, § 11]
1.
In addition to those matters required elsewhere in this Part to be
included in the franchise agreement, it must contain the following
expressed representations by the franchisee that:
A.
It accepts and agrees to all of the provisions of this Part, and
any supplementary specifications, as to the construction or operation
of the system, which the Borough may include in the Franchise Agreement.
B.
It has examined all of the provisions of this Part and waives any
claims that any provisions hereof are unreasonable, arbitrary, invalid
or void.
C.
It recognizes the right of the Borough to make reasonable amendments
to this Part during the term of the franchise as set forth under the
provisions of § 203, "Renegotiation," of this Part. It further
recognizes and agrees that the Borough shall, in no way, be bound
to renew the franchise at the end of any franchise term.
2.
Every franchise shall specifically delineate the territorial extent
of the Borough in which the franchisee is authorized to operate.
3.
Every franchise shall specifically set forth specific standards which
the franchisee must maintain in respect of the following:
A.
Technical standards of operation and maintenance of the system. Such
standards of operation and maintenance of the system shall be in such
terms of those set forth by the Federal Communications Commission
in § 76.601-617 of its regulations.
B.
The extent, if any, to which all the air programs may be altered
by the franchisee.
4.
The franchise agreement shall contain such further conditions or
provisions as may be negotiated between the Borough and the franchisee,
except that no such condition or provision shall be such as to conflict
with any provision of this Part or other law. In case of such conflict,
or ambiguity between any terms or provisions of the franchise agreement
and this Part, the words of this Part shall control.
[Ord. 1375, 2/14/1977, § 12]
The franchisee's distribution system shall initially be
capable of carrying at least 20 channels of television, breadth, or
dual cable construction. The system shall also provide simultaneous
reverse direction signal capability for digital, audio and video signal
transmission on all elements of the system. The extent to which the
reverse capability is available to subscriber use shall be specified
in the franchise agreement. The system shall also have the technical
capacity for non-voice return communication pursuant to § 76.251(a)(3)
of the Federal Communication's Commission regulations.
[Ord. 1375, 2/14/1977, § 13]
Each franchisee shall constantly upgrade its facilities, equipment
and service so that its system is as advanced as the current state
of technology will allow. Each franchisee shall install additional
channel capacity as required to keep channel capacity in excess of
the demand therefor by producers. Within a reasonable time, to be
determined by the franchisee and the Cable Commission, each cable
system shall be upgraded so that it is not less advanced than any
other system of comparable size, excepting only systems which are
experimental, pilot or demonstration.
[Ord. 1375, 2/14/1977, § 14]
1.
Advertising or pay T.V. shall be allowed on non-public channels only.
2.
Channels shall be as designated in the Federal Communication Rules,
§ 76.351, which are incorporated herein by reference.
3.
Franchisee, having taken all appropriate circumstances into consideration,
is ultimately responsible to the Federal Communication Commission's
regulations against obscenity on the public access channels, as well
as all other Commission regulations; consequently, the franchisee
shall have final authority in the area of censorship at least on the
public access channels.
4.
Charges made by the franchisee to a user, except for public channels,
shall be based upon the fair value of the service to the user and
no other criteria. A franchisee is prohibited from discriminating
on any other grounds among users or in favor of itself, excepting
all residential subscribers who have attained the age of 65 years
and are receiving Social Security benefits shall be entitled to a
discount from the standard rates for regular cable television service.
5.
The Commission shall designate for use without charge at least one
channel in each of the use categories defined in § 206 of
this Part. Where substantial studio production time or engineering
services are required of the franchisee, it may ask the Commission
to assess a charge to the user of a public access channel, which charge,
if assessed, shall be consistent with the goal of affording the public
the lowest cost means of television access.
6.
If, 12 months after the first availability of any public channels,
the Commission determines that there is no immediate public need therefor,
such channels may be leased or sold by the franchisee until such time
as the Commission determines that such need does exist; whereupon
the Commission shall, upon 60 days written notice to the franchisee,
have the power to require rededication of the channels.
7.
The franchise may provide a broadcast-quality studio, which contents
of the said studio shall be criteria to be considered in selecting
a franchisee. In all other respects the franchisee shall have the
equipment available as required by the Federal Communications Commission
regulations for local origination. The broadcast-quality studio shall
be for local origination only. The said studio shall be located in
the territorial limits of the Borough, unless a different location
is approved by the Borough Council.
8.
A program and production consultant employed by the franchisee to
promote public use of the public channels and to advise such users
is desirable. The consultant's qualifications, and the employment
by the franchisee of such other technical personnel as may be necessary
to meet standards of utilization of public channels, as established
by this Part, the franchise agreement shall be additional criteria
to be considered by the Borough in selecting a franchisee.
9.
Advertising for any candidate for political office or for parties
sponsoring such candidates, shall be granted only upon the basis that
all such other candidates for the same office, or other party sponsoring
such candidates (or a party itself so advertises in the first instance)
shall be provided with comparable advertising time at a comparable
rate. Specific disputes as to what constitutes comparable time or
rates may be submitted by the franchisee or any interested party,
for resolution by the Commission.
[Ord. 1375, 2/14/1977, § 15]
The franchisee shall provide every subscriber with all equipment
necessary for reception on the subscriber's set of all channels
to which he has subscribed. At the request of the subscriber and at
the subscriber's expense the franchisee shall install an adequate
switching device to allow the subscriber to choose between cable and
non-cable reception.
[Ord. 1375, 2/14/1977, § 16]
The franchisee shall, without charge for installation, maintenance,
or service, make single installations of its standard community antenna
service facilities at each fire and police station, public and private
school (K-12) within the Borough. The franchisee shall without charge
for installation, maintenance, or service, make a single installation
of its standard community antenna services to the Borough Hall and
the public library. Such installations shall be made at such reasonable
locations as shall be requested by the respective units of government
or educational institutions. Any charge for relocation of such installations
shall, however, be charged at actual costs. Additional installations
at the same location may be made at cost plus 10%. No monthly service
charges shall be made for distribution of the franchisee signals within
such publicly presently owned buildings.
[Ord. 1375, 2/14/1977, § 17]
In the conduct of the business franchised in this Part, neither
the franchisee, nor its officers, employees, or agents shall sell,
repair or install, or recommend the sale, repair or installation of
radio or of television receivers; provided, however, that nothing
herein shall be deemed to prohibit the franchisee, at the customer's
request and without payment, from examining and adjusting a customer's
receiver set to determine whether reception difficulties originate
in said set or in franchisee's system. The franchise granted
pursuant hereto authorizes only the operation of a system as provided
for herein, and does not take the place of any other franchise, license
or permit which might be required by law of the franchisee.
[Ord. 1375, 2/14/1977, § 18]
The franchisee may interconnect its cable system with any other
contiguous Borough of Pottstown cable systems, and may interconnect
with any other system or service. However, prior to the franchisee
making any interconnection, it shall present to the Borough the design
and construction standards and specifications which would establish
how the interconnection would be accomplished. The interconnection
shall not be made without the Borough's consent; however, such
consent shall not be unreasonably withheld.
[Ord. 1375, 2/14/1977, § 19]
1.
All of the franchisee's plant and equipment, including but not
limited to the antenna site, head-end and distribution system, towers,
house connections, structures, poles, wire, cable, coaxial cable,
fixtures and appurtenances shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices, performed by experienced
pole-line construction crews and so as not to endanger or interfere
with the safety of any persons or property, or to interfere with improvements
the Borough may deem proper to make or to interfere in any manner
with the rights of any property owner, or to unnecessarily hinder
or obstruct pedestrian or vehicular traffic on Borough properties.
Further, all such plant and equipment and all construction shall meet
all relevant specifications of the Federal Communications Commission,
National Electric Safety Code and National Electric Code.
2.
Any opening or obstructions in or disturbances of the streets, public
ways, or other Borough properties made by the franchisee in the exercise
of its rights under the franchise agreement shall be guarded and protected
at all times by the placement of adequate barriers, fences or boardings,
the bounds of which during periods of dusk and darkness shall be clearly
designated by adequate warning lights, all by the franchisee at its
expense. In case of any physical disturbance or damage to any streets,
public ways, or other Borough properties occurring in the course of
erection, installation, construction, reconstruction, replacement,
removal, repair, maintenance or operation, the franchisee shall promptly
repair such disturbance and damage at its own expense and in a manner
approved and required by the Borough ordinances, rules and regulations.
3.
The franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place or Borough property, or remove from the street or other public place or Borough property, any property of the franchisee when required by the Borough Council or its designees by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks, or any type of structures or improvements by public agencies; provided, however, that this subsection (3) shall not be interpreted to prohibit reimbursement to the franchisee for relocation expenses where reimbursement is required or authorized by State or Federal law.
4.
The franchisee shall, on the request of any private party holding
an appropriate permit issued by the Borough, temporarily raise or
lower its lines to permit the moving of any building or other structure,
and the actual expense of the same shall be paid by the party requesting
the same.
5.
Upon failure of the franchisee to commence, pursue, or complete Any
work required by law or by the provisions of this franchise to be
done in any street or other public place or Borough property, within
the time prescribed, and to the satisfaction of the Borough Council
or its designees, the Borough Council or its designee may, at its
option, cause such work to be done and the franchisee shall pay to
the Borough the cost thereof in the itemized amounts reported by the
Borough Council or its designee to the franchise within 30 days after
receipt of such itemized report.
[Ord. 1375, 2/14/1977, § 20]
Each franchisee shall have the right and obligation to provide
cable television service to any member of the public in any publicly
or privately owned buildings which are in the franchisee's franchise
area without paying a charge to the building owners. Any disputes
between franchisee and any building owner shall be heard at and resolved
by a public hearing by the Commission. Each franchisee shall report
to the Commission any building owner who requests a payment from the
franchisee before allowing the franchisee to install cable system
service in the building owner's building or who otherwise refuses
it free access. A franchisee is expressly prohibited from entering
into any agreement with an owner of a multiple dwelling unit, which
would either increase or decrease the rates and/or services to a subscriber
residing in the dwelling.
[Ord. 1375, 2/14/1977, § 21]
Any damage caused to the property of building owners or users
or any other person by the franchisee shall be repaired fully by the
franchisee within 48 hours after completion of installation.
[Ord. 1375, 2/14/1977, § 22]
Under termination of service to any subscriber, the franchisee
shall promptly remove all its facilities and equipment from the premises
or such subscriber upon his written request.
[Ord. 1375, 2/14/1977, § 23]
1.
Upon expiration of the term of the franchise, or upon any other termination thereof, as provided for subpart (B) of this Part, or by law, or upon receipt of application for prior approval of acquisition or transfer as set forth in subsection (5) of this § 264, the Borough, at its election, shall have the right to purchase and take over the system, provided, however that for such purchase the Borough shall pay to the franchisee a fair and reasonable price such as would allow continued operation of the system, by the Borough, in keeping with the standards established under this Part and the franchise agreement. Such price shall be established in the franchise agreement, either explicitly or by establishment of a method of arriving at said price, provided further, however, that, notwithstanding any terms of said franchise agreement, the price shall not include any consideration for the value of the right awarded by the Borough to the franchisee under the franchise agreement. The said price for purchase shall be further criteria to be considered by the Borough in selecting a franchisee.
2.
Upon the exercise of this option by the Borough and its service of
any official notice of such action upon the franchisee, and upon payment
of the purchase price, the franchisee shall immediately transfer to
the Borough possession and title to all facilities and property, real
and personal, of the CATV business, free from any and all liens and
encumbrances not agreed to be assumed by the Borough in lieu of some
portion of the purchase price set forth in this subpart (G); and the
franchisee shall execute such warranty deeds or other instruments
of conveyance to the Borough as shall be necessary for this purpose.
The franchisee shall make it a condition of each contract entered
into by it with reference to its operations under this franchise that
the contract shall be subject to the exercise of this option by the
Borough and that the Borough shall have the right to succeed to all
privileges and obligations thereof upon the exercise of such option.
3.
In order that the Borough may exercise its option to take over the
facilities and property of the system as authorized herein upon expiration
or forfeiture or revocation of the rights and privileges of the franchisee,
the franchisee shall not make, execute, or enter into any deed, deed
of trust, mortgage, contract, conditional sales contract, or any loan,
lease, pledge, sale, gift, pole agreement, or any other agreement
concerning any of the facilities or property, real or personal, of
the system without prior approval of the Borough Council upon its
determination that the transaction proposed by the franchisee will
not be inimical to the rights of the Borough under this franchise.
Provided, however, that this § 264 shall not apply to the
disposition of worn out or obsolete facilities or personal property
in the normal course of carrying on the CATV business, or to routine
contractual relationships entered into in the ordinary course of the
cable business.
4.
Prior approval of the Borough Council shall be required where ownership
or control of more than 30% of the right of control of franchisee
is acquired by a person or group of persons acting in concert, none
of whom already own or control 30% or more of such right of control,
singularly or collectively.
5.
No franchise granted hereunder may be transferred unless such transaction
is first approved by the Borough Council, by resolution after public
hearing, in accordance with the same procedures as are specified for
grants of franchises. Such approval shall not be unreasonably withheld.
7.
During any interim period while there is a transfer of the system
being arranged, whether it be to the Borough or to any other assignee
or successor of the franchisee, approved by the Borough, the original
franchisee shall be required to continue service to the public as
a trustee for its successor in interest, subject to an accounting
for net earnings or losses during the interim period.
[Ord. 1375, 2/14/1977, § 24]
1.
The franchise granted in this Part shall at the option of the Borough
Council cease and terminate 120 days after the appointment of a receiver
or receivers or trustee or trustees to take over and conduct the business
of the franchisee whether in a receivership, reorganization, bankruptcy
or other action or proceeding unless such receivership, or trusteeship,
shall have been vacated prior to the expiration of said 120 days,
or unless:
A.
Such receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and provisions
of this Part and the franchise granted pursuant hereto, and the receivers
or trustees within said 120 days shall have remedied all defaults
under the franchise.
B.
Such receivers or trustees shall, within said 120 days, execute an
agreement duly approved by the court having jurisdiction in the premises,
whereby such receivers or trustees assume and agree to be bound by
each and every term, provision and limitation of the franchise herein
granted.
2.
In the case of a foreclosure or other judicial sale of the plant,
property, and equipment of the franchisee, or any part thereof, including
or excluding this franchise, the Borough Council may serve notice
of termination upon the franchisee and the successful bidder at such
sale, in which event the franchise herein granted and all rights and
privileges of the franchise hereunder shall cease and terminate 30
days after service of such notice, unless:
[Ord. 1375, 2/14/1977, § 25]
The franchisee shall not oppose intervention by the Borough
in any suit or proceeding to which the franchisee is a party.
[Ord. 1375, 2/14/1977, § 26]
The franchisee shall not, in its rates or charges, or in making
available the services or facilities of its system, or in its rules
or regulations, or in any other respect, make or grant preference
or advantages to any subscriber or potential subscriber to the system,
or to any user or potential user of the system; and shall not subject
any such persons to any prejudice or disadvantage. This provision
shall not be deemed to prohibit promotional campaigns to stimulate
subscriptions to the system or other legitimate uses thereof; nor
shall it be deemed to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any customer coming
within such classification shall be entitled.
[Ord. 1375, 2/14/1977, § 27]
The entire system of the franchisee shall be operated in a manner
consistent with the principal of fairness and equal accessibility
of its facilities, equipment, channels, studios, and other services
to all citizens, businesses, public agencies, or other entities having
a legitimate use for the system; and no one shall be arbitrarily excluded
from its use; allocation of use of said facilities shall be made according
to the rules or decisions of regulatory agencies affecting the same,
and where such rules or decisions are not effective to resolve a dispute
between conflicting users or potential users, the matter shall be
submitted for resolution by the Borough of Pottstown Cable Communications
Commission.
[Ord. 1375, 2/14/1977, § 28]
The franchisee shall, at all times, maintain trained personnel
as resident agents or employees to guarantee and to provide safe,
adequate and prompt service of its facilities. The service shall be
such as to maintain a high quality of service. The franchisee shall
also maintain a business office within the Borough with a publicly
listed telephone where complaints can be received on a twenty-four-hour
basis. The Borough further appoints the Borough Manager as the public
official who shall have the primary responsibility for the administration
of complaint procedures as hereinbefore set forth.
[Ord. 1375, 2/14/1977, § 29]
The franchisee shall, in the case of any emergency or disaster,
make its entire system available without charge to the Borough or
to any other governmental or civil defense agency that the Borough
shall designate.
[Ord. 1375, 2/14/1977, § 30]
Copies of all petitions, applications and communications submitted
by the franchisee to the Federal Communications Commission, Securities
and Exchange Commission, or any other Federal or State regulatory
commission or agency having jurisdiction in respect to any matters
affecting CATV operations authorized pursuant to this Part, shall
also be submitted simultaneously to the Commission.
[Ord. 1375, 2/14/1977, § 31]
The franchisee or applicant for franchise shall diligently apply
for all necessary permits and authorizations required in the conduct
of its business, and shall diligently pursue the acquisition thereof,
including necessary pole attachment contracts, and necessary authorities
from the Federal Aviation Agency to construct such receiving antenna
towers as may be required, and any necessary authorizations or waivers
from the Federal Communications Commission, and when any such permit,
authorization, contract or waiver is obtained, a copy thereof shall
be promptly filed by the franchisee with the Commission. Franchisee
shall file its application for Certificate of Compliance within 60
days of receipt of the franchise and shall further commence construction
of the system within 60 days after receipt of the Certificate of Compliance.
[Ord. 1375, 2/14/1977, § 32]
1.
Each franchisee shall file with the Commission copies of statements
filed pursuant to this Part with the Borough Manager. Each franchisee
shall also allow the Commission to audit all of its accounting and
financial records upon reasonable notice; make available all of its
plans, contracts and engineering, statistical, customer and service
records elating to its system and to all other records required to
be kept' hereunder; and at all times maintain complete and accurate
books of account, records of its business and operations, and all
other records required by this Part or the franchise.
2.
Each franchisee shall file annually with the Commission an ownership
report, including all persons who at any time during the preceding
year did control or benefit from an interest in the franchise of 1%
or more and all creditors, secured and unsecured, in excess of $1,000.
3.
Each franchisee shall also file annually with the Commission copies
of all rules, regulations, terms and conditions which it has adopted
for the conduct of its business.
[Ord. 1375, 2/14/1977, § 33]
The franchisee shall at all times employ ordinary care and shall
install and maintain and use commonly accepted methods and devices
preventing failures and accidents which are likely to cause damage,
injury or nuisance to the public.
[Ord. 1375, 2/14/1977, § 34]
The Borough Council may amend this Part or the franchise whenever
necessary to enable the franchisee to take advantage of any developments
in the field of transmission of communication signals which will afford
it an opportunity to more effectively, efficiently, or economically
serve its customers all in accordance with § 203, "Renegotiation,"
of this Part; provided, however, that this § 275 shall not
be construed to require the Borough to make any such amendment, If,
in the future, a franchisee adds additional service to its communications
system, then in that event said service and the rate to be charge
shall first be approved by the Borough of Pottstown Cable Communications
Commission.
[Ord. 1375, 2/14/1977, § 35]
1.
Liability and Indemnification of the Borough. The franchisee shall
indemnify and hold harmless the Borough of Pottstown at all times
during the term of the franchise granted by this Part and specifically
agrees that it will pay all damages and penalties which the Borough
may be legally required to pay as a result of granting the franchise.
Such damages and penalties shall include, but not be limited to, damages
arising out of copyright infringements, and other damages arising
out of the installations, operation or maintenance of the CATV system
authorized herein, whether or not any act or omission complained of
is authorized, allowed, or prohibited by the franchise. If the case
suit shall be filed against the Borough either independently or jointly
with the franchisee to recover for any claim or damages, the franchisee,
upon notice to it by the Borough shall defend the Borough against
the action and, in the event of a final judgment being obtained against
the Borough, either independently or jointly with franchisee solely
by reason of the acts of the franchisee, the franchisee will pay said
judgment and all costs, and hold the Borough harmless therefrom.
2.
Faithful Performance Bond. The franchisee shall, concurrently with its acceptance of this franchise, file with the Borough and at all times thereafter maintain in full force and effect for the term of this franchise or any renewal thereof, at franchisee's sole expense, a corporate surety bond in a responsible company licensed to do business in Pennsylvania in the amount of $100,000, renewable annually, and conditioned upon the faithful performance of franchisee, and upon the further condition that in the event franchisee shall fail to comply with any one or more of the provisions of this franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or less suffered by the Borough as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the franchisee as prescribed hereby, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the franchisee has liquidated all of its obligations with the Borough that may have arisen form the acceptance of this franchisee or renewal by the franchisee or from its exercise of any privilege or right herein granted. The bond shall provide that at least 30 days prior written notice of intention not to renew, cancellation, or material change, be given to the Borough by filing the same with the Borough. Notwithstanding the above provisions of this subsection (2), the Borough Council may in its sole discretion waive said bond or reduce the required amount thereof after construction of the initial system.
3.
Insurance.
A.
Insurance in such forms and in such companies as shall be approved
by the Borough, such approval not to be unreasonably withheld, to
protect the Borough and the franchisee from and against any and all
claims, injury or damage to persons or property, body, real and personal,
caused by the construction, erection, operation, or maintenance of
any aspect of the system. The amount of such insurance shall be not
less than the following:
B.
Workmen's Compensation Insurance shall also be provided as required
by the laws of the State of Pennsylvania, as amended.
C.
All said insurance coverage shall provide a ten-day notice to the
Borough in the event of material alteration or cancellation of any
coverage afforded in said policies prior to the date said material
alteration or cancellation shall become effective.
D.
Copies of all policies required hereunder shall be furnished to and
filed with the Borough, prior to the commencement of operations or
the expiration of prior policies, as the case may be.
4.
Non-Waiver. Neither the provisions of this § 276, nor any
bonds accepted by the Borough pursuant hereto, nor any damage recovered
by the Borough thereunder, shall be construed to excuse unfaithful
performance by the franchisee or limit the liability of the franchisee
under this part or the franchise for damages, either to the full amount
of the bond, or otherwise.
[Ord. 1375, 2/14/1977, § 36]
The technical standards for operation of the system shall, in
addition to meeting the requirements specified in this Part, conform
to all further requirements specified in the Franchise Agreement,
and any other standards or codes therefor as may be adopted by the
Borough or the Commission.
