[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,[1] 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.
[1]
Editor's Note: Exhibit A is on file in the office of the Secretary of the Board of Supervisors.
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.