[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-1965 by Ord. No. 166 (Ch. 8, Part 1, of the 1983 Code of
Ordinances)]
Whenever said Company shall desire to erect, lay down or construct
any conduits, mains or pipes or other appliances, it shall present
a plan or plans showing the location, number and size thereof to the
Borough Council to approve or disapprove as to location, which plan
or plans, or copy thereof, with approval endorsed thereon, shall be
filed with the Secretary of Council before any work thereon is started.
In case said Council disapproves any plan or plans, it shall designate
thereon, by use of appropriate words or marks, or both, some other
location suitable for the purpose of said Company.
Such conduits, mains and pipes shall be constructed and maintained
in a workmanlike manner and said Gas Corporation shall promptly replace
and properly restore any street or sidewalk that may be damaged or
displaced in the construction of maintenance of its system, in accordance
with specifications and ordinances of the Borough.
Said Company shall maintain all conduits, mains and pipes and
other appliances erected or constructed under provisions of this ordinance
in good and safe order and condition, and shall at all time fully
indemnify, protect and save harmless said Borough from and against
all actions, claims, suits, damages and charges, and against all loss
and necessary expenditures arising from the erection, construction
and maintenance of its system or from its neglect or failure to maintain
said appliances in good and safe order and condition.
Said Company shall be governed by all legal ordinances of a
general nature affecting its operation in the Borough of Walnutport
that are now in force and enacted under and by virtue of the police
powers of said Borough or the laws of the state, as well as all such
ordinances hereafter so enacted; provided, the terms, conditions and
regulations prescribed therein do not impair or abridge the permission
contained in this ordinance.
The permission and consent hereby granted shall extend to said
Slatington Gas Corporation, its successors, assigns and lessees.
[1]
Editor's Note: Slatington Gas Corporation and this franchise
have been acquired by U.G.I.
This ordinance shall take effect at the expiration of 30 days from the date when a copy thereof
shall have been filed in the office of the Secretary of the Pennsylvania
Public Utility Commission; provided, that if said Commission shall,
prior to the expiration of such period, institute a proceeding under
the provision of § 901 of the Public Utility Law affecting
its validity,[1] this ordinance shall become effective only upon approval
by said Commission.
[1]
Editor's Note: See 66 Pa.C.S.A. § 901.
Said Company shall, under its seal and by its proper officers,
within 60 days from the date of the final enactment of this ordinance,
signify in writing its acceptance of all the terms, conditions, regulations
and restrictions herein contained, in default of which this ordinance
shall become null and void and of no effect.
All legal advertising or printing fees incurred by the Borough
of Walnutport, County of Northampton, State of Pennsylvania, in connection
with the passage of this ordinance shall be paid by said Company.
The Borough of Walnutport expressly reserves unto itself the
right to impose license, franchise, fees, or other such levies upon
the owner or operator of such gas business.
Upon failure of said Slatington Gas Corporation and/or its assigns
within two years from date of the approval of this ordinance to furnish
gas to such persons, partnerships, or corporations residing within
the limits of said Borough who may desire to use same, and who are
willing to comply with the rules and regulations applying thereto,
then and in such case, this ordinance and the rights and privileges
and franchise hereby granted shall become absolutely null and void.
The life of this ordinance granting to the Slatington Gas Corporation
the franchise herein set forth shall be for the period of 50 years
from the date of its approval.
[Adopted 11-12-1975 by Ord. No. 75-2 (Ch. 8, Part 2, of the
1983 Code of Ordinances)]
This ordinance shall be known and may be cited as the "Borough
Community Antenna Television Franchise Ordinance."
As used in this ordinance, the following terms shall have the
meanings indicated:
The Borough of Walnutport, Northampton County, Pennsylvania.
An arrangement or combination of apparatus whereby television
signals broadcast over the air are received at one or more towers,
antennas or other devices from television stations licensed by the
Federal Communications Commission and other information sources and
which for a consideration are transmitted by means of a coaxial cable
or other suitable device to television receiving sets or subscribers
to such service.
Blue Ridge Cable Television Inc., the grantee of rights under
this franchise.[1]
The governing body of the Borough of Walnutport, Northampton
County, Pennsylvania.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Includes all public streets, ways, alleys and parkways owned
by or under the jurisdiction of the Borough of Walnutport, Northampton
County, Pennsylvania.
[1]
Editor's Note: RCN Telecom Services, LLC, also has a franchise
agreement with the Borough.
There is hereby granted by the Borough to the Company a nonexclusive
franchise to construct a community antenna television system (CATV)
for television-related services as may be prescribed or permitted
by the Federal Communications Commission and to use poles, wires,
conduits and appurtenances under, along, across or upon any or all
public streets, ways, alleys, or parkways, as the same now or may
hereafter exist with the Borough of Walnutport and within the boundaries
of said Borough of Walnutport as the same may hereafter be extended
for transmitting and distributing electricity and electrical impulses
and signals for television purposes, namely to produce reproduction
of sights and sounds in combination to the residents of the Borough
of Walnutport, upon the terms and conditions and subject to the limitations
herein set forth.
Upon the annexation of any territory to the Borough, the portion
of any said utility that may be located or operated within said territory,
upon the streets, alleys or public ways thereof, shall thereafter
be subject to all the terms of this franchise as though it were an
extension made thereunder.
The Company shall, at all times during the life of this franchise,
be subject to all lawful exercise of the police power by the Borough,
and to such reasonable regulations as the Borough shall hereafter
by resolution or ordinance provide.
Company shall indemnify and save the Borough and its agents
and employees harmless from all and any claims for personal injuries
or property damages, and any other claims and costs, including attorneys'
fees, expenses of investigation and litigation of claims and suits
thereon which may arise from the installation and/or operation of
Company's television antenna system or any equipment of the Company.
In case suit shall be filed against the Borough, either independently
or jointly with said Company, to recover for any said claim or damages,
said Company, upon notice to it by said Borough, shall defend said
Borough, its agents and employees, against said action, and, in the
event of a final judgment being obtained against said Borough either
independently or jointly with said Company, the Company will pay said
judgment and all costs and hold the Borough harmless therefrom. For
this purpose, Company shall carry and at all times maintain or file
with the Secretary of the Borough of Walnutport and at all times keep
in force, a public liability policy or policies in the name of Company
and the Borough as their respective interests may appear, insuring
Company and the Borough against any and all liability arising from
the installation and/or operation of said system, which policy or
policies shall be approved by the Solicitor of the Borough. Such liability
policy or policies shall be in the sum of $100,000 for damage to property
in any one accident, and not less than $100,000 for injury or death
to any one person, and not less than the sum of $200,000 for death
or injury to all persons affected by any one accident. Such policies
of insurance shall be issued by a company licensed to do business
in the Commonwealth of Pennsylvania. The Company shall also carry
workmen's compensation coverage for all of its employees subject
to such coverage, and shall annually submit to the Secretary of the
Borough a certificate of insurance showing that workmen's compensation
coverage is in effect. The Company shall also annually submit to the
Secretary of the Borough a certificate of insurance showing that all
insurance coverage required by this ordinance is in effect.
[Amended 3-9-1977 by Ord. No. 77-2]
A.Â
The Company shall annually pay a franchise fee to the Borough during
the life of this franchise, said fee to be 2% of the gross annual
receipts of the Company arising within the Borough from monthly subscriber
service charges only; said fee being for the regulation and privilege
of using the streets and alleys of the Borough for the operation of
its system. The franchise fee shall be due and payable on the first
day of April of each and every year hereafter.
B.Â
Said franchise fee may be reviewed by the Borough every five years.
After reviewing, if the Borough deems it necessary it may raise said
fee, but in no instance could said fee ever be raised to a higher
amount than any fee the Company might be paying to any other municipality
located in either Lehigh, Northampton, Carbon or Monroe County. Further,
in no event will the franchise fee exceed the maximum amount permitted
by the Federal Communications Commission or the Commonwealth of Pennsylvania.
[Amended 3-9-1977 by Ord. No. 77-2]
The Company shall during the continuance of this franchise provide
facilities and service sufficient to meet the needs of the public
welfare, and shall maintain its facilities and service up to date
and in keeping with technical progress. Company shall maintain and
operate its system and render efficient service on a minimum of seven
TV channels and in accordance with rules and regulations as are, or
in the future may be, set forth by the Council of the Borough. The
system shall be installed and maintained in accordance with good engineering
practices, and any spurious electromagnetic radiation must fall within
the limits specified by the Federal Communications Commission. All
construction must be done in a good and workmanlike manner free of
obvious defects which may be a hazard to life and limb, and in conformance
with the standards as set forth in the National Electric Safety Code.
A.Â
Notice of interruption for repairs. Whenever it is necessary to shut
off or interrupt service for the purpose of making repairs, adjustments
or installations, the Company shall do so at such time as shall cause
the least amount of inconvenience to its customers, and unless such
interruption is unforeseen and immediately necessary, it shall give
reasonable notice thereof to its customers.
B.Â
Continuous service. Company service shall be continuous daily during
the regular telecast operating hours of the stations whose TV broadcasts
are being transmitted.
C.Â
Nondiscrimination of service. The Company shall serve any person
residing in or owning property in the Borough desiring service who
shall pay the charges hereafter enumerated.
D.Â
Interference. The Company shall at all times operate the community
system so as not to adversely affect or interfere with existing radio
and television reception and shall prevent radiation from Company's
cables to antennas located in Borough.
E.Â
The Company shall immediately investigate and resolve all service
complaints and equipment malfunctions. The Company shall maintain
a business office or toll-free telephone listing in the Township for
the purpose of receiving inquiries and complaints from its customers.
The Secretary of the Borough is designated as having primary responsibility
for receiving and acting upon any unresolved complaints. Written notice
of the complaint procedures must be given to each subscriber at the
time of initial subscription to the cable system.
[Amended 3-21-1983 by Ord. No. 83-2; 7-12-2001 by Ord. No. 2001-07]
Rates shall be governed by the Federal Communications Commission
rules.
The sole stockholder of the Company is presently Pencor Services,
Inc. The Company shall not sell, transfer or assign this franchise
nor shall its owners transfer majority ownership of their stock of
said Company, unless to one of its wholly owned subsidiaries, without
the approval of the Council which said approval will not be unreasonably
withheld. Provided, further, that no sale or transfer shall be effective
until the vendee, assignee or lessee has filed with the Borough Secretary,
an instrument accepting the terms of the franchise and agreeing to
perform all the conditions thereof.
A.Â
Use. All transmission and distribution structures, lines and equipment
erected by the Company within the Borough shall be located with the
approval of the Council and shall be so located as to cause minimum
interference with the proper use of streets, alleys and other public
ways and places, and to cause minimum interference with the rights
and reasonable convenience of property owners who adjoin the streets,
alleys, or other public ways and places.
B.Â
Restoration. In case of any disturbance of pavement, sidewalk, driveway
or other surfacing, the Company shall, at its own cost and expense
and in a manner approved by the Council, replace and restore all paving,
sidewalk, driveway or surface of any street or alley disturbed, in
as good condition as before said work was commenced and shall maintain
the restoration in improved condition for one year.
C.Â
Relocation. In the event that at any time during this franchise the
Borough shall lawfully elect to alter or change the location or grade
of any street, alley or other public way or if in the opinion of the
Council a pole or pole line interferes with the necessary convenience
of the Borough or a property owner, then, upon reasonable notice by
the Borough, the Company shall remove, relay and relocate its poles,
wires and cables or other television fixtures at its own expense.
D.Â
Placement of fixtures.
(1)Â
It is to be the general policy of the Borough and it is understood
by Company that where distribution lines are to be installed along
any public street, the same shall preferably be attached to existing
utility poles rather than to additional poles placed by Company, and
that where poles are to be placed in alleys, the same shall be located
whenever possible on the same side of the alley as existing utility
poles. It is understood and agreed that this restriction and limitation
shall extend to any and all streets within the limits of the Borough,
even though some of said streets may be part of the state highway
systems, special exception or exceptions may be granted to Company
by the Council upon written application to it by Company, but said
exceptions shall be for good cause shown.
(2)Â
Before Company sets poles or constructs any structure on Borough
property, it shall file with the Borough detailed specifications showing
the location, height and dimensions of the poles or structures to
be erected. The poles or structures shall not be erected thereafter
until such specifications shall be approved in writing by the Council
and the Pennsylvania Department of Transportation has issued a license
when and if required. All wires, cables and other overhead equipment
shall be at such minimum heights as are or may be required of telephone
or power lines by the Public Utility Commission of Pennsylvania or
the Pennsylvania Department of Transportation.
(3)Â
Where the Council of the Borough are uncertain as to the exact
location of the limits of the right-of-way of any street or alley,
then in its discretion it may require the same to be surveyed by a
surveyor selected by it, the cost of said survey to be paid by Company.
E.Â
Tree trimming. The Company shall have the authority to trim trees
upon and overhanging streets, alleys, sidewalks and public places
of the Borough so as to prevent the branches of such trees from coming
in contact with wires and cables of the Company, all trimming to be
done under the supervision and direction of the Council and at the
expense of the Company.
F.Â
Use of poles and fixtures. The Company agrees that it will furnish
a copy of any contract entered into with any utility for the use of
their poles by the Company and setting forth the terms, conditions
and duration of said contract.
G.Â
Removal of wires and installation from premises of subscriber. The
Company shall, on request of any subscriber, promptly remove all wires
and installations from the premises of such subscriber.
H.Â
Removal of wire, poles and installations from Borough streets. The Company shall remove or cause to be removed from the streets, alleys and public ways of the Borough of Walnutport and from all public property all of the wires, poles and installations of any kind or nature whatsoever which have been installed under the authority of this franchise upon the termination of this franchise, the cessation of operation under this franchise by the Company, its successors or assigns, for any reason whatsoever, or the forfeiture of this franchise under the provisions of § A460-26 herein. In order to insure the performance of this provision, and the provisions, terms and conditions of this ordinance, the Company shall post an adequate performance bond and continue the same in effect during the term of this franchise, said bond to be in the amount of $5,000 in favor of the Borough and with surety or sureties thereon to be approved by the Borough, the bond to be approved as to form by the Borough Solicitor.
The Council, their Treasurer, Solicitor, auditors or accountant
shall have the right at reasonable times to inspect the books and
records of the Company for the purpose of verifying the statement
of rentals received.
[Amended 2-14-1991 by Ord. No. 91-1; 7-12-2001 by Ord. No. 2001-07; 1-13-2011 by Ord. No.
2011-02]
The franchise and rights granted herein shall take effect as
of February 14, 2011, and shall continue in full force and effect
for a period of 10 years thereafter. At the option of the Company
and with the prior approval of the Council, upon review of the qualifications,
the franchise may be extended for additional terms, each of 10 years.
Any modifications of 76.31 of the Rules of the Federal Communications
Commission shall be incorporated into this franchise ordinance within
one year of adoption, or at the time of franchise renewal, whichever
occurs first.
The Company shall assume the cost of publication of this ordinance
as such publication is required by law. A bill for publication costs
shall be presented to the Company by the Secretary of the Borough
and upon Company's filing of acceptance shall be paid at that
time.
The Council may at any time declare a forfeiture of this grant
for violation or default by the Company of any of the terms thereof;
provided, that none of the terms of this grant shall be deemed to
be violated so as to permit such forfeiture unless the Company shall
first be given notice by the Borough of such violation or default
and of the attempt to declare a forfeiture and thereafter if such
violation or default shall continue for a period of more than 90 days
all the rights and privileges of said Company under the provisions
of this ordinance may be forthwith declared forfeited and revoked.
If any action shall be instituted or prosecuted directly or indirectly
by the Company, or by its stockholders, or creditors, to set aside
or have declared void any terms of this grant, the whole of this grant
may be thereupon forfeited and annulled at the option of the Council,
to be expressed by ordinance. Provided, however, the Company shall
not be deemed to be in default for performance of any provision of
this grant, nor shall any forfeiture be invoked for any violation
or failure to perform any provision hereof due to strikes, lockouts,
insurrections, acts of God, or any cause beyond the control of the
Company.
Whenever, by the terms of this ordinance notice is required
to be given by the Borough to the Company, it may be given by delivering
to an officer of the Company a paper writing thereof during the ordinary
business hours at the principal office of the Company. Whenever the
Company is required to give notice to the Borough, it shall do so
by leaving or delivering a paper writing thereof at the office of
the Secretary of the Borough during ordinary business hours.
The Company will hold the Borough harmless from the alleged
violation of any utility franchise previously granted by the Borough.
The granting of a franchise under this ordinance shall not be construed
as any undertaking or guarantee of the efficiency of the Company or
maintenance of the service of Company. The Borough assumes no responsibility
for the acts or omissions of the Company other than to require compliance
with this ordinance.
Should any section or part of any section of this ordinance,
for any reason, be declared void or invalid, the remainder of said
article shall not be affected thereby.
This grant is made upon the express condition that the Company
within 30 days after this ordinance takes effect and becomes operative,
shall file with the Secretary of Borough a written acceptance of the
same, and when this ordinance shall have been accepted by the Company,
such ordinance and acceptance shall constitute a contract between
the Borough and the Company for all the uses, services and purposes
set forth in this ordinance, and the Company by its acceptance of
the provisions of this ordinance binds itself to provide the necessary
television antenna system and to establish, operate and maintain the
local television antenna system contemplated in this ordinance, continuing
without substantial interruption except for causes beyond its control
until the expiration of the term of this grant. In the event that
said Company fails to file said written acceptance within the time
hereinbefore specified, this grant, together with any rights or liabilities
arising out of the proposal heretofore made for the furnishing of
an adequate television antenna system for the benefit of inhabitants
of said Borough, and the acceptance of such proposal by the Borough,
shall be of no effect and void.
CATV service under this franchise shall be extended to new subscribers
within six months of a proper request (excluding those areas with
a population density of less than 20 homes per mile).
