Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of West Chester 3-21-2001 by Ord. No. 4-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Wireless communications facilities — See Ch. 112, Art. XVI.
This chapter is enacted pursuant to the authority in the Borough Code, 53 P.S. § 46202, which authorizes the borough to regulate the use of the public rights-of-way. It is the intent of this chapter to provide for and specify the means by which a person or entity, not including a public utility, may obtain a nonexclusive, revocable license to install communications, telecommunications or other utility systems, including, but not limited to, antennas, poles, boxes, wires and radios in the public rights-of-way in the borough. This chapter will specify the installation procedures and the technical construction standards which must be complied with when installing communications, telecommunications or other utility systems in the public rights-of-way. The chapter shall also impose a franchise fee for the use of the public rights-of-way by entities which are not a Public Utility and require the franchisee to obtain adequate liability insurance which names the borough as an additional insured and to indemnify the borough from any and all claims arising out of the franchisee's use of the public rights-of-way. The ordinance will also establish regulations for the transfer, renewal and termination of the franchise.
A. 
Throughout this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; and, the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Undefined words shall be given their common and ordinary meaning.
B. 
As defined in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of West Chester.
COMMUNICATIONS SYSTEM
The communications network to be constructed and installed in the public rights-of-way in order to send and receive messages, including all facilities, equipment, devices and appurtenances which are used by a franchisee to provide a communications service.
COUNCIL
Council of the Borough of West Chester.
EMERGENCY
Any condition which, in the opinion of the borough, poses an immediate threat to life, health or property caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, explosions, accidents, major water main breaks or spills of hazardous materials.
FCC
The Federal Communications Commission, its designee, or any successor thereto.
FRANCHISE
The nonexclusive rights, whether by initial authorization or renewal thereof, granted pursuant to this chapter to construct, operate, and maintain a communications, telecommunications or other utility system in, upon, above, along, across and over the public rights-of-way within all or a specified area of the borough. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the borough as required by the ordinances and laws of the borough.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions of this chapter between the borough and a franchisee that sets forth, subject to this chapter, the terms and conditions under which the franchise will be exercised.
FRANCHISE AREA
The entire borough, or such portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the franchise area shall be the corporate limits of the borough, including all territories thereafter annexed to the borough.
FRANCHISEE
The natural person(s), partnership(s), domestic or foreign corporation(s), association(s), joint venture(s), organization(s) or other legal entity and its/their lawful successor, transferee or assignee which have been legally granted a franchise by the borough.
FRANCHISE FEE
The consideration that the franchisee must pay to the borough for the use of the public rights-of-way as agreed to between the borough and the franchisee pursuant to the terms of the franchise agreement.
PERSON
An individual, partnership, association, organization, corporation or other legal entity and any lawful successor or transferee of said individual, partnership, association, organization, corporation or legal entity.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, utility easement or other public right-of-way, now or hereafter owned, dedicated to, held, approved or controlled by the borough which shall entitle the borough and the franchisee to the use thereof for the purpose of installing and maintaining the franchisee's communications, telecommunications or other utility system. No reference herein or in any franchise to the "public right-of-way" shall be deemed to be a representation of or guarantee by the borough that its interest or other right to control the use of such property is sufficient to permit the borough's use for such purposes. The franchisee shall be deemed to gain only such rights as the borough may have the undisputed right and power to authorize by its issuance of a franchise to the franchisee.
PUBLIC UTILITY
Any business activity regulated by a governmental agency in which the business is required by law to: serve all members of the public upon reasonable request; charge just and reasonable rates subject to review by a regulatory body; file tariffs specifying all of its charges; and modify or discontinue its service only with the approval of the regulatory agency.
SALE
Includes any sale, exchange or barter transaction.
SERVICE
The provision or offering of telecommunications service as defined in 47 U.S.C. § 153(46), either directly or as a carrier for others, to persons, within the borough by means of the telecommunications system. Specifically excluded are telecommunications services subject to regulation under the Cable Act of 1984, 47 U.S.C. § 521 et seq, as amended.
TELECOMMUNICATIONS SYSTEM
The telecommunications network to be constructed and installed in the public rights-of-way, including all network facilities, such as cables, conduits, access manholes, rights-of-way, equipment, devices and appurtenances which are used by a franchisee to provide a telecommunications service.
TRANSFER
The disposal, voluntarily or involuntarily, by a franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation, or otherwise of 5% or more at one time of the ownership or controlling interest in the communications system, telecommunications system or other utility system or 20% percent cumulatively over the term of the franchise of such interest to a corporation, partnership, limited partnership, trust or association, person or group of persons acting in concert, or other legal entity. Internal reorganization in which ultimate control of the franchisee does not change shall not constitute transfer for purpose of this chapter.
UTILITY SYSTEM
Any structures, equipment, facilities, devices and appurtenances to be constructed and installed in the public rights-of-way in order to provide a utility service of any kind to residents in the borough.
A. 
Franchise required for use of public rights-of-way by entities which are not public utilities.
(1) 
Before a communications system, telecommunications system or other utility system may be installed in the public rights-of-way in the borough by an entity or person which is not regulated as a public utility and is otherwise exempt from any tax or fee imposed by the borough, the borough must grant a franchise and enter a franchise agreement pursuant to and in compliance with the terms and conditions of this chapter.
(2) 
This chapter may be amended from time to time, and in no event shall this chapter be considered a contract between the borough and a franchisee such that the borough would be prohibited from amending any provision hereof. No such amendment shall be applied retroactively to materially impair preexisting contractual agreements entered into between the borough and a franchisee.
B. 
Application for franchise.
(1) 
A written application shall be filed with the borough for the grant of an initial franchise or a modification of a franchise agreement pursuant to this chapter or a franchise agreement. An applicant has the burden to demonstrate in its application compliance with all requirements of this chapter and all applicable laws.
(2) 
To be acceptable for filing, a signed original of the application shall be submitted together with five copies. The application must be accompanied by the required application filing fee as established by resolution of the Council. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
(3) 
All applications accepted for filing shall be made available by the borough for public inspection.
(4) 
The application shall include the following information:
(a) 
Name and address of the applicant and identification of the ownership and control of the applicant.
(b) 
A demonstration of the applicant's technical ability to construct and/or operate the proposed communications system, telecommunications system, or utility system, including identification of key personnel.
(c) 
A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the communications system, telecommunications system or utility system proposed.
(d) 
A list of communities in which the applicant or any of its principals have, or have had a franchise or license or any interest therein.
(e) 
Identification of the area of the borough to be served by the proposed communications system, telecommunications system, or utility system, including a description of the proposed franchise area's boundaries.
(f) 
A detailed description and plan showing the physical facilities and equipment proposed to be installed in the public rights-of-way.
(g) 
Where applicable, a description of the construction of the proposed communications system, telecommunications system or utility system, including its location and proposed construction schedule.
(h) 
Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter.
(i) 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the proposal meets all federal and state law requirements.
(5) 
In evaluating an application for an initial franchise seeking authority to install a communications system, telecommunications system, or other utility system, the borough shall consider, among other things, whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public rights-of-way and private property which would be used by the communications system, telecommunications system or utility system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property and the public rights-of-way.
(6) 
If the borough finds that it is in the public interest to issue a franchise considering the factors set forth above, it shall issue a franchise, subject to the applicant's entry into an appropriate franchise agreement. If the borough denies a franchise, it shall issue a written decision explaining why the franchise was denied. Prior to deciding whether to issue or not to issue a franchise, the borough may hold one or more public hearings or implement other procedures under which comments from the public on an applicant's proposal may be received. The borough also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application which is incomplete. This chapter is not intended and shall not be interpreted to grant any applicant or existing franchisee standing to challenge the issuance of a franchise to another.
(7) 
If the borough grants a franchise subject to the applicant's entry into a franchise agreement, the borough and the franchisee shall agree on the terms of a franchise agreement within 30 calendar days from the date of the borough resolution granting the franchise. This period may be extended for good cause by the borough. If agreement is not reached with the borough within 30 calendar days from the date of the borough resolution granting the franchise, or if the period is not extended by the borough, the franchise will be null and void without further action by the borough. The borough shall approve or disapprove the proposed franchise agreement by resolution, or may direct that it be subject to further negotiation. Once a franchise agreement has been accepted and executed by the borough and a franchisee, such franchise agreement shall constitute a contract between the franchisee and the borough, and the terms, conditions, and provisions of such franchise agreement, subject to this chapter and all other duly enacted and applicable laws, shall define the rights and obligations of the franchise and the borough relating to the franchise.
C. 
Applications for modification of franchises. An application for modification of a franchise agreement shall include, at minimum, the following information:
(1) 
The specific modification requested;
(2) 
The justification for the requested modification and the financial impact on the applicant if the modification is approved or disapproved;
(3) 
Any other information that the applicant believes is necessary for the borough to make an informed determination on the application for modification; and
(4) 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.
D. 
Filing fees. To be acceptable for filing, an application for the grant or modification of a franchise submitted after the effective date of this chapter shall be accompanied by a filing fee as established by resolution of the Council, not to exceed $500.
E. 
Authority for use of street.
(1) 
For the purpose of constructing, operating and maintaining a communications system, telecommunications system or other utility system in the borough, a franchisee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the borough such lines, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the communications system, telecommunications system or utility system.
(2) 
The franchisee shall construct and maintain the communications system, telecommunications system or utility system so as not to interfere with other uses of the public rights-of-way and streets. The franchisee shall endeavor to make use of existing poles and other facilities available to franchisee where feasible. The franchisee shall notify the borough, in writing, at least 10 days and shall publicize proposed construction work, prior to commencement of that work.
F. 
Nonexclusive franchise. A franchise granted pursuant to this chapter shall be nonexclusive. By entering into a franchise agreement with the borough under this chapter, the franchisee automatically acknowledges the borough's right to grant additional franchises upon such terms and conditions as the Council deems appropriate.
G. 
Franchise term. A franchise shall commence upon written acceptance by the franchisee, as required by this chapter, and shall remain in full force and effect for a period agreed to by the borough and franchisee in a franchise agreement. The term of a franchise shall not exceed 15 years and may not exceed five years unless the franchise agreement contains clear and enforceable provisions for regulating upgrades, improving customer service requirements and making such other requirements as may be necessary in light of advancements in technology, at minimum intervals of not greater than every five years.
H. 
Area covered. A franchise granted under this chapter shall include such portions within the territorial borders of the borough as the Council shall approve in the franchise agreement.
I. 
Police power. A franchisee's rights are subject to the police powers of the borough to adopt and enforce ordinances necessary for the health, safety and welfare of the public. A franchisee shall comply with all applicable general laws and ordinances enacted by the borough pursuant to that power.
A. 
Construction standards.
(1) 
All construction, operation, maintenance and repair of the communications system, telecommunications system or utility system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all state and local codes where applicable.
(2) 
All installation of electronic equipment and appurtenant facilities shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electric Safety Code and the National Electrical Code, as amended, the FCC, other applicable federal, state or local laws, codes and regulations, as the same may be from time to time amended or adopted.
(3) 
The franchisee's electronic equipment and appurtenant facilities which form a part of its communications system, telecommunications system or utility system shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good and accepted engineering practices, performed by experienced maintenance and construction personnel, so as not to endanger or interfere with any improvement(s) the borough shall deem appropriate to make to its streets and public rights-of-way or to hinder or obstruct pedestrian or vehicular traffic or to interfere in any manner with the rights of any property owner.
(4) 
The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(5) 
All transmission and distribution structures, poles, wires, lines and equipment erected by the franchisee within the borough shall be so located as not to interfere with streets, legal rights-of-way or legal rights of any individual property owner. The borough shall retain sole power and authority over the streets dedicated to or owned by it in connection with the location of any communications system, telecommunications system or utility system facilities therein or thereon.
(6) 
In the case of disturbance of any street or paved area, the franchisee shall secure a street opening permit from the borough prior to any such disturbance and shall, at its own cost and expense, in any manner approved by the borough or state, as applicable, replace, repair and restore such street or pavement area in accordance with borough or state specifications, as applicable.
B. 
Construction codes inspections.
(1) 
The franchisee shall strictly adhere to all building, highway and zoning codes currently or hereafter applicable to construction, operation or maintenance of the communications system, telecommunications system or utility system in the borough.
(2) 
The borough shall have the right to inspect all construction or installation work performed pursuant to the provisions of a franchise, and to make such tests as it shall find necessary to ensure compliance with the terms of any such franchise and the applicable provisions of local, state and federal law.
C. 
Construction upgrades. If, at any time during the period of a franchise, the borough shall lawfully construct, reconstruct or relocate any street or public right-of-way, or alter or change the grade of any street, or repair, modify or relocate any sanitary or storm sewers, water lines or other public facilities, the franchisee, upon reasonable notice by the borough (not exceeding such time as determined by the then existing circumstances) shall remove, relay, abandon or relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
D. 
Use of existing poles. The franchisee shall not erect, for any reason, any pole on or along any street in an existing aerial utility system without advance written notice to and approval of the borough. The franchisee shall exercise its best efforts to negotiate the lease of pole space and facilities from existing pole owners for all aerial construction.
E. 
Installation procedure.
(1) 
Construction upgrades or new construction of streets, utilities and other public facilities, when done by the borough, shall be undertaken and completed to the extent feasible, in such a manner as to not obstruct, injure or prevent the free use and operation by the franchisee of the poles, wires, conduits, conductors, pipes or apparatus forming a part of its communications system, telecommunications system or utility system.
(2) 
If any of the franchisee's properties interfere with the construction, reconstruction, relocation, maintenance or repair of any streets, rights-of-way or other borough public improvements, whether it be the construction, repair, maintenance, removal, or relocation of a sewer, public sidewalk or water main, street or any other improvement (the "project"), the borough shall give 30 days' prior written notice to the franchisee, and all such poles, wires, conduits and other appliances and facilities shall be secured, removed or replaced by the franchisee, at its sole cost and expense, in such manner as shall be directed by the borough and shall not interfere with the borough's project. Should, however, any utility company be reimbursed for relocation of its facilities as part of the same project, the franchisee shall be reimbursed by the borough upon the same terms and conditions as the utilities.
A. 
Open books and records. The borough shall have the right to inspect and copy, upon 20 days' written notice, at any time during normal business hours all books, receipts, maps, plans, financial statements, contracts and other like material of the franchisee (the records) which are reasonably necessary to monitor compliance with the terms of this chapter or the franchise agreement. The written notice for inspection request shall include the purpose for the inspection and a description of the records sought to be inspected to the extent known.
B. 
Maps. The franchisee shall maintain with the borough a current map or set of maps, drawn to scale, showing the communications system, telecommunications system or utility system and all equipment installed or in place in the public rights-of-way or streets.
A. 
Finding. The borough finds that the streets and public rights-of-way of the county, state and borough are valuable public property acquired and maintained by the county, state, and borough at great expense to the taxpayers. The borough further finds that the grant of a franchise to use such streets and public rights-of-way is a valuable property right without which a franchisee would be required to invest substantial capital.
B. 
Payment to borough. The administration of this chapter and the franchise imposes upon the borough substantial and additional regulatory responsibilities and expense. Accordingly, each franchisee receiving the approval of the borough for the grant of a franchise shall pay to the borough a franchise fee agreed upon by Council and the franchisee when negotiating the franchise agreement.
(1) 
The franchise fee is in addition to taxes and payments that the franchisee may be required to pay under any federal, state or local law and to any tax, fee or assessment imposed by utilities and cable operators for the use of their services, facilities and equipment.
(2) 
Payment of the franchise fee made by the franchisee to the borough is not and shall not be considered in the nature of a tax.
(3) 
Failure to make required payment. In the event any franchise payment or recomputation amount is not made on or before the date specified herein, the franchisee shall pay additional compensation and interest charges computed from such due date, at the annual rate equal to the commercial prime interest rate of the borough's primary depository bank during the period such unpaid amount is owed.
(4) 
Payments to be made quarterly. The franchise fee and any other costs assessed by the borough against the franchisee shall be paid quarterly to the borough and shall commence as of the effective date of the franchise, unless otherwise specified in the franchise agreement. Said quarterly payments shall be made to the borough no later than 45 days following the end of each calendar quarter. Quarterly computation dates are the last days of the months of March, June, September and December.
(5) 
The borough right of inspection. The borough shall have the right to inspect and copy, exclusive of proprietary information, the franchisee's records and the right to audit and to recompute any amounts determined to be payable pursuant to this chapter for a period of four years from the date of payment. Audits shall be at the expense of the borough unless the audit discloses an underpayment in excess of 5%, in which case the costs of the audit shall be borne by the franchisee as a cost incidental to the enforcement of the franchise agreement. Any additional amounts due to the borough as a result of the audit shall be paid within 30 days following written notice to the franchisee by the borough of the underpayment, which notice shall include a copy of the audit report, unless written notice of disagreement is filed by the franchisee with the borough within such time period. In the case of a dispute, the issue shall be resolved through binding arbitration in accordance with the procedures of the American Arbitration Association.
A. 
Borough not liable for damages and defects. The borough and the Council shall not be liable for any injury, damage, costs, either direct or consequential, to any person or property arising from the use, operation, condition or maintenance of the franchisee's communications system, telecommunications system or utility system, whether arising from the operation of the communications system, telecommunications system or utility system or its location within any street or public rights-of-way.
B. 
Franchisee's indemnification of borough. The franchisee shall, at its sole' cost and expense, indemnify, hold harmless and defend the borough, the Council and the borough's other officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings and judgments for damages to persons or to property, or equitable relief arising out of the construction, maintenance or operation of its communications system, telecommunications system or utility system, the conduct of the franchisee's business in the borough or any claim, cause of action, proceeding, suit or judgment arising out of the franchisee's enjoyment or exercise of a franchise granted hereunder, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter or a franchise agreement. This provision includes, but is not limited to, the borough's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding.
A. 
A franchisee shall maintain, and by its acceptance of a franchise issued pursuant to this chapter, specifically agrees that it will maintain throughout the entire term of the franchise agreement, and any renewals thereof, liability insurance protecting the franchisee and the borough with regard to damages that it is responsible to indemnify the borough pursuant to § 9-7 in the following minimum amounts:
(1) 
One million dollars for bodily injury or death to any one person, within the limit, however, of $2,000,000 for bodily injury or death resulting from any one accident.
(2) 
Five hundred thousand dollars for property damage resulting from any one accident.
(3) 
Worker's Compensation insurance on all employees engaged in installation or service of its equipment.
B. 
All insurance policies shall be issued by companies qualified to do business in the Commonwealth of Pennsylvania. All insurance policies shall be available for review by the borough.
C. 
At the time of acceptance of a franchise, the franchisee shall furnish to the borough a certificate of insurance evidencing compliance with the foregoing requirements and proof that such coverages are in full force and effect. Renewal certificates shall be delivered to the borough prior to the expiration of any periods of coverage.
D. 
All insurance policies shall name the borough as an additional insured and shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the borough. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the borough which complies with this chapter.
E. 
Neither the provisions of this section nor any damages recovered by the borough shall be construed to limit the liability of the franchisee for damages under any franchise issued hereunder.
A. 
Removal after relocation or expiration. At the expiration of the franchise term and any renewal terms for which a franchise is granted, or upon its revocation, as provided for herein, the franchisee shall have the right to remove, at its expense, all or any portion of the communications system, telecommunications system or utility system from all streets and public rights-of-way within its franchise area. In doing so, the franchisee shall return all disturbed areas to their condition existing prior to the franchisee's installation of its equipment, including, but not limited to, necessary refilling and compacting all disturbed areas. All such work shall be done at the franchisee's sole cost and expense and shall be subject to inspection and approval by the borough, whose inspection fees shall be paid by the franchisee.
B. 
Sale and transfer of franchise.
(1) 
Transfer. A franchise granted under this chapter shall not be sold, assigned or transferred, either in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedures set forth in this section and the expressed approval of the Council.
(a) 
Parties to the sale or transfer shall make written request to the borough for the approval of a sale or transfer. An application for a transfer shall provide complete information on the proposed transaction, including details of the legal, financial, technical and other qualifications of the transferee.
(b) 
The borough shall reply in writing within 60 days of the application and shall indicate approval of the application.
(2) 
Transferee's agreement. No application for a transfer of a franchise shall be granted unless the transferee agrees, in writing, that it will abide by and accept all terms of this chapter and the franchise agreement and that it will assume the obligations and liabilities, known and unknown, of the previous franchisee under this chapter and the franchise agreement.
(3) 
Approval does not constitute waiver. Approval by the borough of a transfer of a franchise does not constitute a waiver or release of any of the rights of the borough under this chapter or the franchise agreement, whether arising before or after the date of the transfer.
(4) 
Processing fee. As a condition of considering a transfer, the borough may impose a fee upon the transferee to cover its estimated out-of-pocket expenses in considering the application for transfer of a franchise, provided that such fee is reasonable.
(5) 
Filing of transfer document. Within 30 days of any transfer, the franchisee shall file with the borough a copy of the deed, agreement, mortgage, lease or other written instruments evidencing such sale, transfer of ownership or control, or lease, certifying and sworn to be correct by the franchisee.
A. 
The borough reserves as an additional and as a separate and distinct remedy, the right to terminate the franchise and all rights and privileges of franchisee thereunder in any of the following events or for any of the following reasons:
(1) 
The franchisee fails after 30 days' prior written notice to comply with any of the material provisions of this chapter or the franchise agreement entered pursuant thereto or has, by act or omission, violated any material term or condition; provided, however, that such period shall be extended for a period of time as may be reasonably necessary to correct such noncompliance or violation; or
(2) 
The franchisee becomes insolvent, unable or unwilling to pay its debts or is adjudged a bankrupt; or
(3) 
The franchisee attempts to or does practice any fraud or deceit in its conduct or relations with the borough under a franchise issued pursuant to this chapter; or
(4) 
The borough condemns substantially all of the property where the franchisee's system is located within the borough by the lawful exercise of eminent domain.
B. 
No termination by the borough, except for the reason of condemnation and revocation at will, shall be effective unless or until the borough has adopted a resolution setting forth the cause and reason for the revocation and the effective date, which resolution shall not be adopted without 30 days' prior notice to the franchisee and an opportunity for the franchisee to be heard on the proposed resolution.
C. 
Upon the expiration or termination of the franchise, the franchisee shall have the option to, without expense to the borough and within such time as the borough may reasonably require, remove its communications system, telecommunications system or utility system and restore the premises hereby authorized to be used and occupied to a condition reasonably satisfactory to the borough, or to abandon said communications system, telecommunications system or utility system. In the event the franchisee chooses to abandon said communications system, telecommunications system or utility system; the borough, after 30 days' prior written notice, shall be allowed to take over said communications system, telecommunications system or utility system located within the public rights-of-way of the borough, as property of the borough, without compensation, and in no event shall the franchisee have any claim for damages against the borough on account of the taking over of said communications system, telecommunications system or utility system, nor shall the franchisee have any obligation to the borough or any third party for the abandonment of said communications system, telecommunications system or utility system, except for reasonable costs of removal of the communications system, telecommunications system or utility system.
A. 
Compliance with law. The franchisee shall conform during the entire term of the franchise with this chapter and all applicable borough ordinances, resolutions, rules and regulations heretofore and hereafter adopted.
B. 
Captions. The paragraph captions and headings of this chapter are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this chapter or any franchise issued hereunder.
C. 
Written notice. All notices, reports or demands required to be given by either the borough or a franchisee under this chapter in connection with any franchise granted by the borough pursuant hereto shall be deemed to be given when delivered in writing, either personally to the person designated by the franchisee or when five days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next business day if sent by express mail or overnight air courier addressed to the parties to whom the notice is being given, as follows:
(1)
If to borough:
Borough of West Chester
Attention: Borough Manager
401 East Gay Street
West Chester, Pennsylvania 19380
(2)
If the franchisee: Pursuant to the franchise agreement.
(3)
Such addresses may be changed by the borough or the franchisee upon notice to the other party given as provided in this section.