Township of Manheim, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 9-13-1993 by Ord. No. 1993-19 (Part 4, Ch. 2, Art. D, of the 1976 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Manheim Township Cable System Ordinance."
[Amended 1-10-1994 by Ord. No. 1994-1]
As used in this chapter, the following terms shall have the meanings indicated:
ACT
The Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 and as may be amended in the future.
BASIC SERVICE TIER
Those channels required to be carried in the basic service tier by the Act, including, but not limited to, commercial and public television signals in accordance with the Act and the public, educational and governmental local access channel required to be provided by § 190-7 herein. The company may include other stations within the basic service tier in addition to the channels so listed in this definition.
CABLE SERVICE
The one-way transmission to subscribers in the Township of video and/or audio programming or other programming service, and subscriber interaction, if any, which is required for the selection of such video and/or audio programming or other programming service.
CABLE SYSTEM
A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, which includes video programming and which is provided to multiple subscribers within the Township of Manheim, with the exception of those facilities specifically excluded under Section 602 of the Cable Communications Policy Act of 1984.
COMMISSIONERS
The governing body of the Township of Manheim, Lancaster County, Pennsylvania.
COMPANY
A grantee of rights under this nonexclusive franchise chapter.
EDUCATIONAL SERVICE TIER
A grouping of at least the following educational programming services as a package available to subscribers receiving basic service: Arts and Entertainment Network (A&E); Cable News Network (CNN); and The Discovery Channel (TDC).
GROSS RECEIPTS
Revenue of the company based on income from subscription s imposed upon residents of the Township of Manheim, including basic service tier subscription; subscription to any service tier other than the basic service tier; premium service; pay-per-view, excluding the share of pay-per-view revenue paid by the company to the suppliers of the pay-per-view service; and any other fee for cable service shown on the subscriber's bill as a separate line item which is a recurring fee, but not including s for connections, disconnections and other s for services which are normally nonrecurring in nature and which do not involve the transmission of audio or visual programming. Sales taxes and other taxes collected by the company shall be deducted from the gross receipts before computation of the franchise fee due to the Township; provided, however, the company shall include not less than 60% of the revenue of the company generated from pay-per-view service in the computation of gross receipts notwithstanding the actual amount or percentage of the per program revenue paid by the company to the suppliers of pay-per-view service. The Township reserves the right at any time to include the entire revenue from pay-per-view service within the definition of "gross receipts" during the term of the franchise or any renewal thereof if the Township shall provide the company with written notification of its intention to do so not less than 60 days before the end of a calendar year. In such event, the inclusion of the entire revenue from pay-per-view service shall be included in the computation of gross receipts in the next and each succeeding calendar year until changed by action of the Board of Commissioners.
SERVICE TIER
A grouping of programming services or channels which is offered to subscribers as a package.
STREETS
Includes all public streets, rights-of-way and roads owned by or under the jurisdiction of the Township of Manheim.
SUBSCRIBER
Any person or entity receiving for any purpose cable service from a cable system of the company.
TOWNSHIP
The Township of Manheim, Lancaster County, Pennsylvania.
Upon application from the company in compliance with this chapter, including acceptance of the terms and conditions contained herein, the Township may grant to the company a nonexclusive franchise to construct, operate and maintain a cable system for cable service 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 within the Township and within the boundaries of the Township as the same may hereafter be extended, for transmitting and distributing electricity and electrical, electronic, digital and fiber optic impulses and signals to the residents of the Township upon the terms and conditions and subject to the limitations herein set forth.
Upon the annexation of any territory to the Township, the portion of any cable system of the company that may be located or operated within said territory shall thereafter be subject to all the terms of this chapter as though it were an extension made hereunder.
This chapter shall constitute a contract between the Township and the company for all the uses, services and purposes set forth herein, and the company, by its acceptance of the provisions of this chapter, binds itself to provide the necessary cable system and to establish, operate and maintain the cable system contemplated by this chapter, continuing without substantial interruption except for causes beyond its control until the expiration of the term of this grant. The company shall enter into an agreement in writing, in a form satisfactory to the Township, evidencing the company's acceptance of the terms and conditions of this chapter prior to exercising any rights under the franchise granted herein. If any cable operator within the Township refuses to accept the provisions of this chapter, such operator shall be considered a franchisee at will and shall be subject to all of the provisions of this chapter, including the payment of franchise fees, until the cable operator ceases operations either voluntarily or upon demand of the Township in accordance with any applicable termination or renewal procedures set forth in the Act. No company may initiate new cable service in the Township prior to obtaining a franchise in accordance with this chapter.
A. 
The company shall pay a franchise fee to the Township during the life of this franchise, said franchise fee to be in the amount of 5% of the company's total gross receipts per year as derived from cable service operations in the Township. The franchise fee shall be due and payable in accordance with the following schedule:
Due Date
Gross Receipts Received During the Period
November 1
April 1 through September 30 of the same year
May 1
October 1 of the previous year to March 31 of the same year
B. 
In addition to the franchise fee paid to the Township, the company shall provide free basic and standard tier cable television service to one outlet within any public school, firehouse or municipal building if requested to do so in writing by the Township, provided the cable system's existing trunk or distribution service passes such building and the building can be served with a service drop of 150 feet or less.
C. 
Notwithstanding anything to the contrary set forth in this chapter, the Township specifically reserves the right to increase the amount of the franchise fee and to change the method of computing such fee to the extent authorized by federal and state laws in effect from time to time during the term of this franchise or any renewal thereof. In such event, the company may, unless otherwise prohibited by law, pass through to subscribers the amount of any increase in the franchise fee.
The company shall provide for the Township, along with those other Lancaster County, Pennsylvania, municipalities under contract with the company, at least one dedicated, noncommercial, multimunicipality, public access channel for public, educational and municipal governmental use. The Commissioners shall determine which Township programs shall appear on the public access channel. The public access channel required herein shall be included within the basic service tier.
The company shall, during the continuance of this franchise, provide facilities and service sufficient to meet the needs of the public and shall maintain its facilities and provide service in accordance with accepted industry standards. The company shall maintain, operate and render efficient service in accordance with the Act and under such applicable rules, regulations and standards as are, from time to time, established by the Township or by any federal or state agency having jurisdiction. The company shall be certified during the term of this franchise as meeting the National Cable Television Association, or any successor association, standards for customer service. The Township expressly reserves the right to establish lawful rules, regulations and standards during the term of the franchise, which rules, regulations and standards shall not be in conflict with the Act or any rule or regulation promulgated thereunder. The cable system shall be installed and maintained in accordance with good engineering practices. All construction shall be done in a good and workmanlike manner, free of defects which may be a hazard to life and limb, and in conformance with the standards set forth in the National Electric Safety Code. The following additional service standards shall apply to any franchise granted under this chapter:
A. 
Rights of subscribers. It shall be the right of all subscribers to continue to receive service from the company as long as their financial and other obligations to the company are honored.
B. 
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 attempt to do so at such times as shall cause the least amount of inconvenience to its subscribers; and, unless such interruption is unforeseen and immediately necessary, it shall attempt to give reasonable notice thereof to its subscribers.
C. 
Continuous service. Company service shall be continuous daily during the regular telecast operating hours of the stations whose broadcasts are being transmitted.
D. 
Interference. Subject to federal technical standards, the company shall, at all times, operate the cable system so as not to adversely affect or interfere with existing radio and television reception and shall prevent radiation from the company's cable system.
E. 
Complaints. The company shall maintain a toll-free telephone line with seven-day-per-week service to receive complaints. The company shall provide subscribers with a written explanation of the company's complaint policy. The company agrees to respond to and investigate all complaints received from its subscribers within the Township and to resolve said complaints in an efficient and timely manner if at all technically and reasonably possible, and the company's agents or employees shall be available for such purposes in the Township. The company shall maintain, for at least one year, a record of the subscriber complaints received and the action taken by the company to resolve such subscriber compliance. These records shall be available for inspection by the Township.
F. 
Survey of subscribers. At least once each year, the company shall conduct a survey of its subscribers to determine the level of subscriber satisfaction or dissatisfaction. Such survey shall request subscribers to indicate the level of satisfaction with the programming and services provided by the company and an opportunity for subscribers to request additional programming choices or changes to existing programming provided by the company. The results of this annual survey shall be provided to the Township no later than three months after the inclusion of the survey.
To the extent permitted by Section 623 of the Act and the regulations promulgated thereunder, and to the extent permitted by future amendments to the Act, the Township hereby reserves the right to regulate the rates d by the company for video and/or audio programming provided by the company's cable system, to enforce regulations prescribed by the Federal Communications Commission and to file complaints challenging a rate as unreasonable to the extent permitted by federal and state law, including, but not limited to, the Cable Television Consumer Protection and Competition Act of 1992.
The company shall provide the Township with 30 days' advance notification of any changes in services, including, but not limited to, the deletion of channels from the basic service tier or the movement of any channel from one service tier to another service tier. The company shall provide the Township with 30 days' advance notification of any changes in rates to be d subscribers for service tiers, installation, or any other services provided by the company. Such notice shall be provided to the Township as set forth in § 190-23 and a reasonable number of times on the public, educational and governmental access channel. The notification shall not be required for the offering of any particular pay-per-view programming.
The company shall provide all subscribers with 30 days' advance notification of any changes in services, including, but not limited to, the deletion of channels from the basic service tier or the movement of any channel from one service tier to another service tier. The company shall also provide subscribers with 30 days' advance notification of any changes in rates to be d subscribers for service tiers, installation, or any other services provided by the company. The company shall provide all subscribers with clear and complete notification concerning rates and s on a regular basis, not less than twice each year. Such information shall include, at a minimum:
A. 
The monthly, quarterly and annual rates for the basic service tier, specifically setting forth any discounts which may be available for quarterly or annual payment.
B. 
The monthly, quarterly and annual rates for each service tier other than the basic service tier, specifically setting forth any discounts which may be available for quarterly or annual payment.
C. 
The monthly, quarterly and annual rates for the FM radio programming, specifically setting forth any discounts which may be available for quarterly or annual payment.
D. 
Any discount programs which the company may offer, including, but not limited to, discounts for senior citizens.
E. 
A listing of s which may be imposed by the company for installation of equipment, repair of equipment, removal of equipment, and similar services.
F. 
A listing of s which may be imposed for late payments, checks returned for insufficient funds, and similar matters.
G. 
A listing of all other s and fees imposed by the company.
For the purpose of administering this chapter, the company shall, concurrent with the payment of the fee specified in § 190-5, file a verified statement of the gross receipts received from subscribers in the Township for the preceding six-month period. This statement shall include a breakdown of gross receipts from the basic service tier; each other service tier (except premium channels or pay-per-view); premium channels; and pay-per-view. The company shall also provide the results of the annual survey of subscribers in accordance with the provisions of § 190-8F herein.
The company shall keep full, true, accurate and current books and records reflecting its investment and its operations under this chapter, which books and records shall be made available upon reasonable notice on a confidential basis for inspection during the company's normal business hours by officials of the Township, including, but not limited to, the Township auditors or controller, elected or appointed, or an independent certified public account retained by the Township. The Township shall be permitted to make copies of the company's records with the permission of the company or as part of discovery proceedings if litigation between the company and the Township should occur.
The franchise and rights herein granted shall be deemed to commence on April 1, 1993, and shall continue in full force for a term of five years from April 1, 1993, expiring on March 31, 1998. If the company shall commence operations within the Township after April 1, 1993, the franchise and rights herein granted shall commence upon the granting of a franchise by the Township and shall expire on March 31, 1998. Franchise fees under a franchise granted by this chapter shall accrue commencing on the later of April 1, 1993, or the commencement of operations within the Township by the company. Notwithstanding the foregoing, if the company shall elect to provide an educational service tier to subscribers within the Township who shall subscribe to the basic service tier which shall be available without obtaining any service tier other than the basic service tier and which shall be made available at less cost than the cost of obtaining any other service tier above the basic service tier; or provide a mechanism for individualized selection whereby each subscriber can select only those channels or programming services to which the subscriber desires to subscribe in addition to the basic service tier and be billed for those channels and/or services in addition to the basic service tier; or include all of the programming required for an educational service tier within the basic service tier, then the term of the franchise shall be automatically increased to 15 years from April 1, 1993, and the franchise shall expire on March 31, 2008.
The company shall not sell, lease, transfer, or assign this franchise to any other person, firm, company, corporation or entity other than to the principal shareholders of the company, a parent corporation, a subsidiary or affiliate corporation of a parent company or subsidiary or affiliate corporation of the company, or any other firm or entity owned by the company, without prior notice to the Township, which notice shall include information as to the financial and technical ability of the transferee to operate the system. No sale, lease, assignment or transfer shall be effective until the vendee, lessee, assignee or transferee has filed with the Township Manager-Secretary an instrument accepting the terms of the franchise and agreeing to perform all the conditions thereof.
Any franchise granted under the provisions of this chapter shall be considered for renewal in accordance with applicable law existing at the time application for renewal of such franchise is made by the company. The company shall file a formal request to renew the franchise granted by the Township at least 30 months prior to the expiration of the franchise. The request to renew the company's franchise must be accompanied by such information as the Township may reasonably require.
It is expressly understood that the Township has no control, standard or regulation pertaining to the subject matter of programs distributed by the company. Except for programming initiated by the Township on the public, educational and governmental access channel or otherwise initiated by the Township, the company agrees to indemnify and save harmless the Township, its officers, agents and employees from all claims, suits and actions at law or in equity (including attorneys' fees and expenses of investigation relating thereto) for libel, slander, invasion of privacy and patent or copyright infringement in any action arising out of the subject matter of programs transmitted by the company. The company further agrees that, in the event the Township is made a party defendant in any action arising out of the subject matter of programs transmitted by the company, the company shall, at its sole cost and expense, defend such action and any appeals therefrom.
The following conditions shall apply to street occupancy by the company:
A. 
Use. All transmission and distribution structures, lines and equipment erected by the company within the Township shall be located with the approval of the Commissioners and shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners and the traveling public who use the streets of the Township. Upon request, the company shall furnish the Township with a map showing the cable system in sufficient detail to assure the Township of being currently advised as to the location of the cables. Upon request, it shall be the responsibility of the company to keep the Township advised of any and all changes, additions and removals to the cable system, except for the individual subscribers' connection wires.
B. 
Restoration. In the case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense, replace and restore all paving, sidewalk, driveway or surface of any street disturbed in as good condition as before said work was commenced.
C. 
Relocation. In the event that, at any time during the term of a franchise granted hereunder, the Township shall lawfully elect to alter or change the location or grade of any street, road or other public way, or if, in the opinion of the Commissioners, a pole or pole line interferes with the necessary convenience of the Township or a property owner, then, upon reasonable notice by the Township, the company shall remove, relay and relocate its poles, wires and cables or other cable system fixtures at its own expense.
D. 
Placement of fixtures.
(1) 
It is the policy of the Township, and it is understood by the company that, where distribution lines are to be installed along any public street, the same shall be attached to existing utility poles and not to additional poles placed on the same side of the street 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 Township, even though some of said streets may be part of the state highway system. A waiver of this requirement may be granted to the company by the Commissioners upon written application to the Township by the company, but said waiver shall be for good cause shown and in the sole discretion of the Commissioners.
(2) 
Before the company sets poles or constructs any structure on Township property, streets or rights-of-way, it shall file with the Township detailed specifications showing the exact location, height and dimension 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 Commissioners. All wires, cables and other overhead equipment shall be at such minimum heights as are or may be required by the Pennsylvania Public Utility Commission, the Pennsylvania Department of Transportation or any nationally recognized building or electrical code.
(3) 
When the company makes written application for a waiver or submits specifications for construction, and the Commissioners are uncertain as to the exact location of the limits of the right-of-way of any street or road, then, in their discretion, the Commissioners may require the same be surveyed by a surveyor selected by them, the cost of said survey to be paid by the company.
E. 
Underground placement. It is the policy of the Township, and it is understood and agreed to by the company, that all distribution lines, wires and cables shall be located underground in those areas of the Township where utility services are located underground.
F. 
Tree trimming. The company shall have the authority to trim trees upon and overhanging streets, roads and public places of the Township 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 in accordance with Township regulations and at the expense of the company.
G. 
Use of poles and fixtures. The company agrees that it shall, upon request, furnish a copy of any contract entered into with any public utility for the use of their poles by the company and shall set forth the terms, conditions and duration of said contract. The company agrees that the copy of the aforementioned contract shall be filed upon written request with the Township Manager-Secretary prior to starting any installation of wires or other facilities on Township streets or rights-of-way under the franchise.
H. 
Removal of wires from premises of subscriber. The company shall, on request of any subscriber, promptly remove all wires, cables and related installations from the premises of such subscriber, subject to the provisions of any applicable state or federal laws or regulations.
I. 
Removal of wires, cables, poles and installations from streets. The company shall remove or cause to be removed from the streets, roads and public ways of the Township, and from all public property, all of the wires, cables, poles and installations of any kind or nature whatsoever which have been installed under the authority of the franchise granted hereunder upon the termination of the franchise or upon cessation of operation under the franchise by the company, its successors or assigns, for any reason whatsoever. Notwithstanding the foregoing, the company may abandon such of its underground equipment in place, so long as the continued presence of such equipment does not adversely affect the continued use of the public right-of-way, create a danger to public health or safety or violate the Act or any regulation promulgated thereunder. The company may retain in place such of its underground or overhead equipment that is in active use to provide service to customers outside of the Township, so long as the continued presence of such equipment does not adversely affect the continued use of the public right-of-way, create a danger to public health or safety or violate the Act or any regulation promulgated thereunder.
J. 
The company shall apply for all required permits and shall not undertake any construction without receipt of such permits, issuance of which shall not be unreasonably withheld or delayed by the Township.
The company shall extend service to Township residents not serviced as of the effective date of this chapter so long as the number of the occupied dwelling units per mile, or fraction thereof, of distribution system (density) within the extension area is equivalent to or greater than 40 dwelling units per underground mile of cable plant or 20 dwelling units per aerial mile of cable plant. The company shall not deny access to cable service to any group of potential residential subscribers because of the income level of the area in which the group resides. The company may, but shall not be required to, use other alternative methods of extending service into areas where the minimum density is less than set forth herein, including the use of microwave, satellite or other means where, in the opinion of the company, the extension is not economically feasible, or by negotiating a cost-sharing agreement with the developer of a low-density area or with any of the residents of a low-density area in order to make such an extension of service economically feasible, or the company may extend service into such low-density area at its own discretion. Upon written request for cable service from a developer or any of the residents in a low-density area, the company shall respond in writing within 60 days of such request to the requester, with a copy to the Township, with information regarding the potential for extending cable service or of providing comparable service through alternative means, and all cost-sharing options available, according to the provisions herein. Notwithstanding the foregoing, the company shall not be required to extend cable service into an area which is presently being served by a different company under a franchise granted under this chapter.
The company shall comply with all current and future state and federal laws and the rules and regulations of any federal or state authority having jurisdiction over the providing of cable service in the Township, including subsequent changes to the Act or regulations of the Federal Communications Commission which are mandatory upon cable service operators. If any such law, rule or regulation is changed so as to permit franchising authorities to request or require any right, benefit or payment other than was permitted at the time the company entered into any franchise under this chapter, the company shall consider any reasonable request by the Township for modification of its franchise to include the increased or enhanced right, benefit, or payment to the Township and shall enter into good faith negotiations with the Township for the provision of such right, benefit or payment. Notwithstanding the foregoing, the rights of the Township regarding any change in any law, rule or regulation which would permit the Township to increase the franchise fee shall be as set forth in § 190-6 herein and which would allow the Township to regulate rates shall be as set forth in § 190-9.
Except for liabilities arising out of programming initiated by the Township on the public, educational and governmental access channel or otherwise initiated by the Township, the company shall indemnify and save the Township and its officers, agents and employees harmless from any and all claims for personal injuries or property damage, 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 the company's cable system. In case suit shall be filed against the Township, either independently or jointly with the company, to recover for any claims or damages, the company, upon notice to it by the Township, shall defend the Township, its officers, agents and employees against said action, and, in the event of a final judgment being obtained against the Township, either independently or jointly with the company, the company shall pay the judgment and all costs and hold the Township harmless therefrom. If a judgment is not obtained against the Township, the company shall reimburse the Township for all costs and expenses incurred, including reasonable attorneys' fees and costs of investigation and defense. For this purpose, the company shall carry and, at all times keep in force, automobile liability insurance, products liability insurance and a general liability insurance policy or policies in the name of the company and the Township, as their respective interests may appear, insuring the company and the Township against any and all liability arising from the installation, maintenance and/or operation of the cable system. A certificate or certificates of insurance indicating such coverages and indicating that the Township is an additional insured shall be provided to the Township for review by the Township Solicitor. Such insurance policy or policies shall be in limits of not less than $500,000 for damage to property in any one accident, and not less than $1,000,000 for injury or death to any one person, and not less than the sum of $2,000,000 for injury or death to all persons affected by any one accident. Such policies of insurance shall be issued by a company or companies authorized to do business in the Commonwealth of Pennsylvania. The company shall also carry workers' compensation coverage for all of its employees subject to such coverage and shall submit to the Township Manager-Secretary a certificate of insurance showing that workers' compensation coverage is in effect.
The company shall hold the Township harmless from the alleged violation of any utility franchise previously or hereafter granted by the Township. The granting of a franchise under this chapter shall not be construed as an undertaking or guarantee of the efficiency of the company or maintenance of service by the company. The Township assumes no responsibility for the acts or omissions of the company, other than to require, to the extent the Township elects to do so, compliance with this chapter.
Whenever, by the terms of this chapter, notice is required to be given by the Township to the company, it shall be given by delivering to an officer or manager of the company written notice thereof during ordinary business hours at the principal office or any branch office of the company or by mailing the same by certified mail, postage prepaid, return receipt requested, to said principal or branch office. Whenever the company is required to give notice to the Township, it shall do so by leaving or delivering written notice at the office of the Township Manager-Secretary during ordinary business hours or by certified mail, return receipt requested, to the Township Manager-Secretary, such notice being effective upon receipt by the Township.
The Commissioners may, at any time, subject to the provisions of the Act, 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 written notice by the Township of such violation or default and of the attempt to declare a forfeiture. Thereafter, if such violation or default shall continue for a period of more than 90 days, all the rights and privileges of the company under the provisions of this chapter 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 Commissioners; provided, however, that no forfeiture shall occur if the company brings a challenge to the chapter based upon a future change in state or federal law which would render provisions of this chapter invalid. This exception shall not apply if such change to state or federal law contains a provision authorizing the continuation of existing ordinances; provided, further, that the company shall not be deemed to be in default of performance of any provision of this grant, nor shall 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.
Any person, firm, association, partnership or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600, and, in default of payment of the fine, such person, the members of such firm, association or partnership or the officers of such corporation shall be liable to imprisonment for not more than 30 days.
In addition to or in lieu of the penalties provided in § 190-25, the Township may commence actions to collect franchise fees which are due and payable under this chapter, and any violations of provisions of this chapter may be abated or enforced by proceeding against the violator in a court of equity for relief.
A permit fee, as established by resolution of the Commissioners from time to time, shall be paid to the Township at the time application is made by the company to operate under the terms of this chapter. Upon acceptance of any new or renewal franchise, the company shall reimburse the Township for all fees and expenses incurred in connection with the preparation, negotiation, advertisement and enactment of this chapter or the granting of a franchise hereunder, including reasonable attorneys' fees. In the event that two or more franchises are awarded in accordance with the provisions of this chapter, and, in the event that the first company awarded a franchise shall have reimbursed the Township for its costs in the preparation, negotiation, advertisement and enactment of this chapter, the Township, to the extent allowed by law, shall require any subsequent franchisee to pay a pro rata share of such costs and expenses to the Township for reimbursement to the company which initially paid such costs; provided, however, that the Township shall not be required to institute litigation to collect such reimbursement.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter shall take effect and be in force as provided by law. The term of any franchise granted hereunder and the commencement date for the payment of franchise fees shall be governed by § 190-14.