[HISTORY: Adopted by the Board of Supervisors of the Township
of Sadsbury 12-4-1985 by Ord. No.
1985-3. Amendments noted where applicable.]
A. In consideration of the faithful performance and observance of the
conditions, restrictions and reservations hereinafter specified, a
license is hereby granted to Chester County Broadcasting Company,
its successors or assigns, (licensee), by the Township (licensor)
to erect, maintain and operate for a period of 15 years, and any extensions
of this license, from the date of final passage of this ordinance,
a distribution system and its necessary facilities and additions thereto,
in, under, over, along, across and upon the streets, lanes, avenues,
alleys, sidewalks, bridges, rights-of-way, easements, highways and
other places in the Township and subsequent additions thereto, for
the purpose of transmission and distribution of audio, digital and
video impulses in accordance with the laws and regulations of United
States of America, the Commonwealth of Pennsylvania and the ordinance
of the licensor.
B. This license shall be extended for successive five-year terms, unless
the Board of Supervisors shall determine, after a hearing held prior
to the expiration of the then current term, that the applicant has
not substantially performed all of its obligations under the terms
of this ordinance during the then current term. Such hearing shall
be held after 30 days' written notice to the licensee and any
party aggrieved by the determination may appeal such determination
to the Board of Administrative Appeal of Sadsbury Township in accordance
with the rules and regulations thereof.
C. Notwithstanding any right to renewal or extension enumerated in the
immediately preceding subsection of this section, if the Board of
Supervisors determines at any time that a substantial breach of the
licensee's obligations hereunder has occurred and the continuance
of this license hereby granted is detrimental to the public health,
safety, morals or welfare or the licensee has committed willful breach
or fraud in the settlement of its accounts with the Township or failed
to pay the franchise fees as and when the same fall due, the Township
may give notice to the licensee of its intention to revoke such license,
and the licensee may thereupon demand within 10 days after the date
of said notice a hearing before the Board of Supervisors. In the event
that such demand is timely made, the Board of Supervisors shall hold
a public hearing and thereupon affirm, modify or revoke its prior
notice and determination. Any such decision shall then be communicated
in writing to the licensee who may, if agreed thereby, appeal the
same to the Board of Administrative Appeals of Sadsbury Township within
30 days of the day of such notice.
To the extent practicable, the licensee shall erect and maintain
its facilities on existing power and telephone poles pursuant to pole
attachment agreements with the utility companies. No new poles shall
be set by the licensee unless no pole exists or use of an existing
pole is not practicable due to excessive rearrangement or other condition.
Where existing utility lines are underground, the licensee shall place
its facilities underground unless otherwise authorized.
The distribution facilities of the licensee shall be at all
times maintained in good and safe condition by the licensee and shall
be constructed and maintained by the licensee so as not to interfere
with television and radio reception by inhabitants not using the licensee's
services.
Construction and maintenance of the transmission distribution
system shall be in accordance with the provisions of the National
Electrical Safety Code, the National Electrical Code and applicable
ordinances and regulations of the licensor affecting electrical installations.
A. The licensee shall indemnify and hold the licensor harmless from
and against any loss from any claims, demands or actions for injury
and damage to persons or property, both real and personal, arising
out of the construction, erection, operation or maintenance of the
facilities of the licensee. The licensee shall cause the licensor
to be named as coinsured on said policies of insurance. Proof of payment
of premiums and insurance coverage, together with a copy of the policy,
shall be delivered to the licensor at least 30 days prior to the expiration
of said policy, and no policy shall be terminated nor changed to any
other carrier without the consent of the Township being first had
and obtained.
B. Licensee shall carry insurance in such force as shall protect the
licensor and licensee from and against any and all claims for injury
or damages to persons or property, both real and personal, caused
by the construction, erection, operation or maintenance of any of
the facilities of the licensee. The amount of such insurance against
liability due to damage to property shall not be less than $100,000
as to any person, and $200,000 as to any one accident against liability
due to injury or death of persons, and $1,000,000 as to any one accident.
The licensee shall also carry such insurance necessary to protect
it from all claims under the Workmen's Compensation Law in effect
that may be applicable to the licensee. All insurance required by
this ordinance shall be and remain in full force and effect for the
entire life of the license granted hereunder.
C. The licensee, upon receipt of due notice in writing from the licensor,
shall defend at its own expense any action or proceeding against the
licensor in which it is claimed that personal injury or property damage
arose from the licensee's activities in the operation of its
cable television system.
D. The licensee shall indemnify and hold harmless the licensor and pay
to the licensor all reasonable legal expenses incurred by virtue of
the licensor being required to defend itself in any matter concerning
the license which is herein granted or the operation of the licensee's
cable television system; provided, however, that in any such action
against the licensee and Township, the Township may, at its option,
elect to obtain separate counsel to protect the Township's interest,
and these costs and expenses of the separate counsel so retained shall
be paid by the licensee.
[Amended 6-6-1994 by Ord.
No. 1994-2]
In consideration of the license herein granted, the licensee
hereby agrees to pay to the licensor on or before 45 days after the
close of each calendar year a franchisee fee of five 5% of its gross
revenues derived from all cable services, including HBO, prism and
similar special charges, to subscribers within the Township of Sadsbury.
Said gross revenue shall be computed for each calendar year and shall
be paid within 45 days after the close of such calendar year. The
first and last years of the franchise shall be prorated. The licensor
agrees that said sum of money to be paid to and accepted by the licensor
are in full payment of the license granted hereunder, and no other
fees, taxes or other payments shall be required to be paid by the
licensee, except the cost of any special expenses incurred by the
Township in the enforcement of this ordinance in the event of default
by the licensee. In the event of default, in addition to any penalties
or damages, the licensee may be required to pay to the licensor, the
licensee shall reimburse the Township for the costs of collection
and enforcement, including reasonable counsel fees. Payment of said
fees shall be made annually within 45 days of the close of every calendar
year and shall be accompanied by a report of such gross revenues received,
certified by a certified public accountant. The licensor shall have
the right to inspect the records of the licensee to the extent necessary
to verify the payments to which it is entitled.
The rates charged by the licensee for installation and regular
cable television service shall be not higher than the rates generally
charged in other municipalities served by the licensee.
A. Cable television service shall be made available to all residents
within areas served by the licensee without discrimination; provided,
however, that nothing herein contained shall be deemed to grant the
right of installation of any service by the licensee without the consent
of the owner of any lands being serviced thereby being first had and
obtained. The licensee shall be responsible for any damage caused
by the installation of its facilities on private property.
B. The licensee shall provide service to all areas shown on the map
of Sadsbury Township attached hereto as Exhibit A, and shall, in the future, provide such services to any
development wherein the owners or developers thereof may request such
services, provided that the development contains at least 50 dwelling
units, or such lesser number as may be agreed upon by the licensee
and said development, within one mile, measured along the public road
of the nearest existing cable facilities of the licensee.
All public schools passed by the licensee's distribution
system shall receive regular monthly service free of charge, with
the exception that the licensee may charge for the cost of any programming
received if a charge is made by the supplier of the programming. The
cost of installation from the street to and within the school shall
be the responsibility of the user.
The licensee shall not assign its rights hereunder without the
consent of Sadsbury Township being first had and obtained, provided
that such consent shall not be unreasonably withheld. The licensee
shall have the right without such permission to assign this license
to an affiliate or subsidiary of the licensee, provided that no such
assignment shall relieve the licensee of its obligation and liabilities
hereunder, and said assignment shall be deemed to be both the retention
of liabilities and obligations by the licensee and the assumption
thereof jointly and severally by the affiliate or subsidiary. Additional
licenses may be granted franchises under the terms of this ordinance
under the same terms and conditions as are then prevailing as to Chester
County Broadcasting Company.
The licensee shall, under normal conditions, respond to all
service calls within 24 hours and correct malfunctions as promptly
as possible and shall maintain a competent staff sufficient to provide
adequate and prompt service to its subscribers.
In the event that the licensee shall fail to comply with any
of the material provisions of this ordinance and shall fail to pay
the proper franchise fees within 45 days after the close of its then
calendar year or shall fail to correct any operational deficiencies
within a period of 90 days after written notice from the licensor
or, within such lessor period as made by the licensor, be directed
and said letter to correct such failure, the licensor shall have the
right, in addition to all other remedies allowed by law and in addition
to the penalty provisions provided herein, to require the licensee
to terminate its services within the Township or suspend the same
until such failure is cured as the licensor may correct.
The licensee shall send written notice of its acceptance of
the terms and conditions of this ordinance within 30 days after the
date of its enactment; provided, however, that this ordinance shall
not be effective as to the licensee until such notice has in fact
been received. Upon such timely acceptance, this ordinance shall be
construed as an agreement between the licensor and licensee but may
be modified or amended by ordinance duly adopted at any time and from
time to time in accordance with the Township's legislative powers.
Any disputes arising under the terms of this ordinance, but
cannot be resolved between any licensee hereunder and the Township,
may be appealed to the Board of Administrative Appeals of Sadsbury
Township, provided that nothing herein contained shall be construed
to permit an appeal to the Board of Administrative Appeals or any
amendment to the terms of this ordinance which are part of the legislative
prerogative of the Township.
Any licensee violating the provisions of this chapter or any
regulation promulgated hereunder or violating the terms of any permit
issued shall, upon finding of such violation in a civil proceeding
before a Magisterial District Judge, suffer judgment of not more than
$600 plus cost and attorneys' fees incurred by the Township in
the enforcement proceedings and any appeals filed from such judgment;
provided further that the enforcement of penalties hereunder shall
be an accumulative remedy to the Township, and the election to proceed
by summary proceedings shall not bar the Township from its right to
proceed in an appropriate court of competent jurisdiction to enforce
the provisions of this ordinance at law or in equity, nor shall anything
herein contained with reference to the enforcement of penalties in
a summary proceeding be deemed to in any way abrogate or diminish
the jurisdiction of the Board of Administrative Appeal.