[Ord. 1375, 2/14/1977, § 42; as amended by Ord. 1735, 4/12/1993]
The application for grant of franchise, as required in § 102 of this Part shall be accompanied by a fee, in an amount as established from time to time by resolution, which shall be applied to the cost of public hearings and legal expense incurred by the Borough for the preparation of the franchise agreement. In the event that its application is rejected by the Borough, a portion of the application fee shall be returned promptly to the applicant. The balance shall be paid over to the Borough to defray administration and legal cost in the processing of the application.
[Ord. 1375, 2/14/1977, § 43; as amended by Ord. 1735, 4/12/1993]
During the term of any franchise granted pursuant to this Part, the franchisee shall pay the Borough for the use of its streets, public places, and other facilities, as well as the maintenance, improvements, and supervision thereof, an annual franchise fee in an amount equal to 5% of the annual local gross subscriber revenues and such other revenues as the FCC may at any time recognize as permissible as a basis for computation of franchise fees. This payment shall be in addition to any other tax or payment owed to the Borough by the franchisee, including, but not limited to, pole inspection fee and street opening permit fees. It is further agreed that should there by any revision of the franchise fee established by the Federal Communication Commission said change shall automatically take effect and shall govern the annual franchise fee as herein set forth without the requirement of any amendment to this Part.
[Ord. 1375, 2/14/1977, § 44]
Sales tax or other taxes levied directly on a per subscription basis and collected by franchisee shall be deducted from the local gross subscriber revenues before computation of sums due the Borough is made. Payments due the Borough under the terms of §§ 291 and 292 of this Part shall be computed quarterly as of September 30, December 31, March 31 and June 30 for the preceding quarter and shall be paid on or before the 30th calendar day from each said computation date at the office of the Borough Secretary. The Borough shall be furnished a statement with each payment, certified as correct by the franchisee, and an annual statement for the entire year, prepared by a certified public accountant. All statements shall reflect the total amount of local gross subscriber revenues, and the above charges, deductions and computations for the period covered by the statement. Statements accompanying payment of the franchise fee shall set forth a detailed computation of the payment, and the number and type of subscribers.
[Ord. 1375, 2/14/1977, § 45]
No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the Borough may have for further or additional sums payable as a franchise fee under this subpart (H) or for the performance of any other obligation hereunder.
[Ord. 1375, 2/14/1977, § 46]
Failure to pay any fees required by this subpart (H) shall result in automatic suspension of the franchise granted, and reinstatement thereof may be had only upon resolution by the Borough Council, and payment of the delinquent fee or fees plus any interest or penalties as may be required by the resolution.