[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:
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.
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.
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.
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.
The governing body of the Township of Manheim, Lancaster
County, Pennsylvania.
A grantee of rights under this nonexclusive franchise chapter.
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).
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.
A grouping of programming services or channels which is offered
to subscribers as a package.
Includes all public streets, rights-of-way and roads owned
by or under the jurisdiction of the Township of Manheim.
Any person or entity receiving for any purpose cable service
from a cable system of the company.
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.
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.
