[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 12-11-2000 by Ord. No. 296. Amendments noted where
applicable.]
This chapter will be known and may be cited
as the "Township of Grosse Ile Cable Television Regulatory Ordinance."
For the purpose of this chapter, the following
terms, phrases, words and derivations will have the meaning set forth
in this section. When consistent with the context, words used in the
present tense include the future, words in the plural include the
singular number, and words in the singular number include the plural
number.
Federal agency constituted by the Communications Act of 1934,
as amended, or its successor.
The holder of a franchise awarded under this chapter.
As defined in the franchise.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
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 subscribers within the Township, but such
terms do not include:
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
A facility that serves subscribers without using
any public right-of-way;
A facility of a common carrier which is subject
in whole or in part, to the provisions of Title II of the Communications
Act of 1934 ("Act"), except that such facility will be considered
a cable system [other than for purposes of Section 621(c) of the Act]
to the extent such facility is used in the transmission of video programming
directly to subscribers, unless the extent of such use is solely to
provide interactive on demand services;
An open video system that complies with Section
653 of Title IV of the Act; or
Any facilities of any electric utility used
solely for operating its electric utility system.
The Board of Trustees of the Township of Grosse Ile, Michigan,
or duly delegated persons, committees or other representatives.
The Board of Trustees of the Township of Grosse Ile, Michigan,
or its successor.
No person may construct, operate or maintain
a cable television system in the Township without a franchise awarded
by the Township Board of Trustees. A franchise is a nonexclusive franchise,
right and privilege to construct, erect, operate, modify and maintain,
in, upon, along, across, above and over and under the highways, streets,
alleys, sidewalks, public ways and public places now laid out or dedicated
and all extensions thereof, and additions thereto, in the Township,
poles, wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
in the Township of a cable television system for the purpose of providing
cable television services.
An initial franchise will terminate 15 years
from date of the grant subject to renewal for periods of 15 years
in duration on the same terms and conditions or on such different
or additional terms and conditions as may be lawfully specified by
the Township Board and are consistent with the requirements of the
Federal Communications Commission. Notwithstanding anything in this
chapter to the contrary, the franchise, or any renewals thereof, will
be revocable at any time, for cause, as expressed through resolution
of the Township Board. A franchise may be renewed by the Township
upon application of the franchisee pursuant to 47 U.S.C. § 546
or then applicable federal and state law.
The franchisee will be subject to all lawful
exercise of the police power by the Township and to such reasonable
regulation as the Township will by resolution or ordinance adopt.
The construction, operation and maintenance of the system by the franchisee
must be in full compliance with such portions of the National Building
and Electric Code and National Electric Safety Code as may be applicable
and as the same may be amended and revised from time to time, and
in full compliance with all other applicable rules, regulations and
ordinances now in effect or hereinafter adopted by the Federal Communications
Commission, the Township, or any other agency of the State of Michigan
or the United States, which may hereafter acquire jurisdiction of
the operations of the franchisee authority. In the event of a conflict
between the terms and conditions of a franchise and this chapter,
the franchise will control.
The franchisee will indemnify the Township for
and hold it harmless from all liability, damage, cost, or expense
arising from claims of injury to persons or damage to property occasioned
by reason of any conduct undertaken pursuant to this chapter, including
libel and slander actions as set forth in the franchise. The Township
will notify the franchisee's representative within 15 days after the
presentation of any claim or demand to the Township, either by suit,
or otherwise, made against the Township on account of any negligence
or contract as aforesaid on the part of the franchisee. The franchisee
further agrees as follows:
A.
A franchisee will carry workmen's compensation insurance
with statutory limits and employer's liability insurance with limits
of no less than $100,000, which will cover all operations to be performed
by franchisee as a result of this chapter.
B.
A franchisee will carry commercial general liability
and comprehensive automobile liability insurance with bodily injury
limits of not less than $500,000 per person and $1,000,000 per occurrence.
C.
A franchisee's workmen's compensation, commercial
general liability and comprehensive automobile liability insurance
will be written by an insurance company with capital and/or a surplus
of not less than $3,000,000, and a franchisee agrees to furnish Township
with certified copies of certificates of insurance of said policies,
which will provide that insurance will not be canceled unless 10 days'
prior written notice will first be given to the Township.
D.
A franchisee will post a performance bond with the
Township written by an approved corporation surety in the amount of
$100,000, and in a form satisfactory to the Township guaranteeing
franchisee's continued operation of the cable television system within
the Township, and a franchisee will well and truly observe, fulfill,
and perform each term and condition of the bond. All damages which
may be directly occasioned by the failure of the franchisee to perform
under this chapter, up to the principal amount of the bond, will be
recoverable from the principals and sureties of said bond by the Township.
The bond required will be reduced to $25,000 at such time as construction
of the system is complete.
E.
If a franchisee should commit a breach of this chapter
and not remedy such breach 60 days after receipt of written notice
from the Township to do so, then the Township, at its discretion,
may declare a portion of the bond equivalent to the amount of damages
sustained by the municipality which are directly attributable to such
breach forfeited and franchisee will thereupon be required to remedy
the breach with reasonable dispatch and within 60 days of such forfeiture
replace the forfeited portion of the bond. Notwithstanding the foregoing
nothing contained in this paragraph will serve to absolve franchisee
of any of its obligations under this chapter or the rules and regulations
of the Federal Communications Commission.
F.
The franchisee will pay all premiums chargeable for
the bond and will keep the same in full force and effect at all times
throughout the term of this chapter and during the removal of all
poles, wires, cables, underground conduits, manholes, and other conductors,
converters, equipment, and fixtures subsequent to the termination
of this chapter. The bond will contain a provision that it will not
be terminated or otherwise allowed to expire prior to 30 days after
written notice to that effect is given to the Clerk of the Township.
G.
All insurance policies and bonds as are required of
the franchisee in this regulatory chapter will be written by a company
or companies authorized and qualified to do business in the State
of Michigan. Certificates of all coverage required will be promptly
filed by the franchisee with the Township.
H.
A franchisee will file with the Federal Communications
Commission such request, petition, or other application as is then
proper to secure from the Federal Communications Commission any and
all necessary permits, licenses, waivers, or the like as may be necessary
to be secured from the Federal Communications Commission to fully
comply with the terms of this chapter. The franchisee will thereafter
diligently pursue such application with the Federal Communications
Commission and will do all reasonable things necessary and proper
to secure any such permit, license, waiver, approval, or the like
from it. The franchisee will keep the Township advised, from time
to time, of the process of such application.
A.
Franchisees will obtain right-of-way permits from
appropriate state, county, and federal officials necessary to cross
highways or roads under respective jurisdictions to supply main trunk
lines from the franchisee's receiving antennas, obtain permission
from the Federal Aviation Authority to erect and maintain antennae
suitable to the needs of the system and its subscribers, and obtain
whatever other permits a Township, county, state or federal agency
may require. The franchisee will construct its cable system using
material of good and durable quality and all work involved in the
construction, maintenance, and repair of the cable system will be
performed in a safe, thorough and reliable manner. Any real or personal
property damaged or destroyed will be promptly repaired or replaced
by the franchisee and restored to its previous condition.
B.
The franchisee system, poles, wires, and appurtenances
will be located, erected, and maintained so that none of its facilities
will endanger or interfere with the lives of persons, or interfere
with any improvements the Township may deem proper to make, or unnecessarily
hinder or obstruct the free use of the streets, alleys, bridges, easements,
or public property.
C.
All transmission and distribution structures, lines,
and equipment erected by the franchisee within the Township will be
so located as to cause minimum interference with the proper use of
streets, alleys, or other public ways and places.
D.
In the case of any disturbance of pavement, sidewalk,
driveway, or other surfacing, the franchisee will, at its own cost
and expense and in a manner approved by the Township, replace and
restore all paving, sidewalk, driveway or surface of any street, alley,
or other public place disturbed, in as good condition as before said
work was commenced.
E.
In the event that the Township lawfully elects to
alter or change the grade of a street, alley, or other public way,
the franchisee, upon reasonable notice by the Township, will remove,
relay, and relocate its poles, wires, cables, underground conduits,
manholes, and other fixtures at its own expense.
F.
Franchisees will not place poles or other fixtures
where the same will interfere with any gas, electric, or telephone
fixture, water hydrant or main, and all such poles or other fixtures
placed in any street will be placed at the outer edge of the sidewalk
and inside the curb line, and those placed in alleys will be placed
close to the line of the lot abutting on said alleys and then in such
manner as not to interfere with the usual travel on any streets, alleys,
and public ways.
G.
Franchisees will, on the request of any person holding
a building moving permit issued by the Township, temporarily raise
or lower its wires to permit the moving of buildings. The expense
of such temporary removal, raising, or lowering of wires will be paid
by the person requesting the same, and the franchisee will have the
authority to require such payment in advance. The franchisee will
be given not less than 48 hours' advance notice to arrange for such
temporary wire changes.
H.
The franchisee will have the authority to trim trees
upon and overhanging streets, alleys, sidewalks, and public places
of the Township so as to prevent the branches of such trees from coming
in contact with the wires and cables of the franchisee, all trimming
to be done under the supervision and direction of the Township and
at the expense of the franchisee.
The franchisee will make cable service available
to all residents of the Township within 36 months after all necessary
permits and notifications are received, and all necessary utility
(telephone and power) pole rearrangements are completed.
It is the obligation of the franchisee to serve
all residents of the Township. Franchisees will provide service to
all areas defined by the original franchise agreement during the prescribed
construction period and the franchisee will extend service to new
areas when there is an average of 40 homes per each linear mile of
new cable construction, provided that any such new subscribers will
be charged at the normal installation charge and monthly rate for
customers of that classification. In the event that these requirements
are not met, extensions of service will be required only on a basis
which is reasonable and compensatory as set forth in the franchise.
All facilities and equipment of franchisee will
be constructed and maintained in accordance with the requirements
and specifications of the National Electrical Safety Code and such
applicable ordinances and regulations set forth by the Township and/or
any other local, state, or federal agencies.
The franchisee will have the authority to promulgate
such rules, regulations, terms, and conditions governing the conduct
of its business as will be reasonably necessary to enable the franchisee
to exercise its rights and perform its obligations and to assure an
uninterrupted service to each and all of its customers. Such rules,
regulations, terms and conditions will not be in conflict with the
provisions hereof or with federal and state laws.
Unless a cable operator has initiated the procedures
set forth in 47 U.S.C. § 546, 12 months prior to expiration
of the franchise, the Township Board may review the performance of
the franchise and the content of this chapter in accordance with the
following procedure:
A.
After giving public notice, the Township Board will
proceed to determine whether the franchisee has satisfactorily performed
its obligations under the franchise. To determine satisfactory performance,
the Township Board will review the technical development of the system,
programming, services offered, cost of service, and any other particular
requirement set forth in this chapter, such as the availability of
programming equipment and personnel to aid access channel users, and
resolution of subscriber complaints. Also, among other standards,
the Board will consider the franchisee's reports made to the Township
or the FCC. Provisions will be made for community comment. Industry
performance standards on a national basis will be considered.
B.
If the Board determines the franchisee's performance
to be satisfactory, a new franchise may be granted pursuant to this
chapter.
C.
In the event the current franchisee is determined
by the Board to have performed unsatisfactorily, new applicants may
be sought and evaluated and a franchise awarded in accordance with
franchising procedures adopted herein.
The franchisee will, at all times, comply with
the rules and regulations governing the cable system promulgated by
the FCC. This will include adherence by the franchisee to FCC rules
regarding technical and engineering specifications involved in the
construction of the cable system and signal carriage therein.
The franchisee's distribution system will initially
be capable of carrying at least 80 channels of television and constructed
with capacity for separate and distinct two-way transmission.
At such time that the FCC may relinquish its
regulation of franchise fees paid to the grantor of a cable system
franchise by the franchisee, the Township will reserve the right to
renegotiate the franchise fee with the franchisee.
The franchisee will assume the costs of the
publication of an ordinance awarding a franchise as such publication
is required by law. A bill for publication costs will be presented
to the franchisee by the appropriate Township officials upon the franchisee's
filing of its acceptance of this franchise and the said publication
costs will be paid at that time by the franchisee.
A.
The right is reserved to the Township to adopt, in
addition to the provisions and existing applicable ordinances, such
additional generally applicable regulations as it will find necessary
in the exercise of the police power, provided that such regulations,
by ordinance or otherwise, will be reasonable, generally applicable
and not in conflict with the applicable laws of the State of Michigan
or the United States or the franchise.
B.
The Township will have the right, without charge,
of maintaining upon the poles or in the underground conduits of the
franchisee within the Township limits, wires, and fixtures that will
be necessary for a traffic signal control system and/or a police and
fire alert system. Such wires and fixtures will be installed and maintained
at the sole expense of the Township and will at all times comply with
all the reasonable rules and regulations of the franchisee so that
there may be a minimum danger of contact or conflict between the wires
and fixtures of the franchisee and wires and fixtures used by the
Township.
C.
In the case of any emergency or disaster, the franchisee
will, upon request of the Township. make available its facilities
to the Township for emergency use during the emergency or disaster
period as set forth in the franchise.
D.
The Township will not be liable for any damage occurring
to the property of the franchisee caused by employees of the Township
in the performance of their duties, except for damage caused to the
franchisee's facilities by the negligence of the Township's employees.
Unless caused by the gross negligence of the Township employees or
its representatives, the Township will not be liable for the interruption
of service by actions of such persons, their agents, contractors or
representatives in the performance of their duties, nor will the Township
be held liable for the failure of the franchisee to be able to perform
normal service due to acts of God or other factors beyond the control
of the Township.
E.
Nothing in this chapter grants to the franchisee any
right of property in Township-owned property, nor will the Township
be compelled to maintain any of its property any longer than, or in
any fashion other than in the Township's judgment its own needs may
require.
F.
Except for individual service drops, the franchisee
will not erect any pole, any underground lines, or conduits, run any
line, or make any attachment, nor will any construction of any kind
be commenced without the prior approval of the Community Development
Department/Township Consulting Engineer or appropriate department
of the Township, which approval will not unreasonably be withheld.
The Township will have and maintain the right to inspect the construction,
operation, and maintenance of the system by the franchisee to insure
the proper performance of the terms of this chapter, subject to payment
of fees set by resolution of the Township Board of Trustees.
A.
The franchisee will not allow its cable or other operations
to interfere with television reception of persons not served by the
franchisee, nor will the system interfere with, obstruct, or hinder
in any manner the operation of the various utilities serving the residents
of the Township.
B.
The franchisee will not, as to rates, charges, service
facilities, rules, regulations, or any other respect, take from or
grant any preference or advantage to any person nor subject any person
to any prejudice or disadvantage, provided that nothing in this chapter
will be deemed to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any customer coming
within such classification would be entitled, except as may be permitted
by applicable state and federal law.
A.
The franchisee will, during each year of operation,
pay to the Township 5% of the annual local gross revenues received
by the franchisee for all cable television services rendered within
the Township. The franchisee will furnish the Township with an operating
report showing the franchisee's annual local gross revenues during
the preceding year and such other information as is required by the
franchise related to the franchisee's services within the Township
for such period.
B.
All payments as required by the franchisee to the
Township will be made quarterly and will be due 45 days after the
close of the three-month period.
The franchisee will keep full, true, accurate,
and current books of account which books and records, and all other
pertinent books, records, maps, plans, financial statements and other
like materials, will be made available for inspection and copying
by the Township pertinent to either franchisee's cable system in the
Township or franchisees local gross revenues upon reasonable notice
and during normal business hours as set forth in the franchise.
The Township reserves the right to regulate
subscriber rates and charges subject to state and federal law.
During the term of this franchise, and any renewal
thereof, the franchisee will maintain a reasonably convenient agent
for the purpose of receiving and resolving all complaints regarding
the quality of service, equipment malfunctions, and similar matters
as set forth in the franchise. The agent will be available for contact
by a local or toll-free telephone call. The agent will be open to
receive inquiries or complaints from subscribers during normal business
hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through
Friday. Any complaints from subscribers will be investigated and acted
upon as soon as possible, but at least within three business days
of their receipt. The franchisee will keep a maintenance service log
which will indicate the nature of each service complaint, the date
and time it was received, the disposition of said complaint, and the
time and date thereof. This log will be made available for periodic
inspection by the Township.
A.
Franchisees will not permit the transmission of any
signal, whether aural, visual, or digital, including "polling" the
channel selection, from any subscriber's premises without first obtaining
written permission of the subscriber. This provision is not intended
to prohibit the use of transmission of signals useful for the control
or measurement of system performance.
B.
Franchisees will not permit the installation of any
terminal equipment in any subscriber's premises that will permit transmission
from subscribers' premises of two-way services utilizing aural, visual,
or digital signals without consent of the subscriber except for interactive
and information services.
C.
It is unlawful for any person to attach or affix or
to cause to be attached or affixed any equipment or device which allows
access or use of the cable television service without payment to the
franchisee for sale.
The Township reserves the right to adopt, in
addition to the provisions contained in this chapter, such additional
regulations as it will find necessary in the exercise of its police
power; provided, however, that such regulations are reasonable and
not materially in conflict with the privileges granted in this chapter
or the franchise.
A.
A franchise will, at the option of the Township Board
or its designee, cease and terminate 120 days after the appointment
of a receiver or receivers or trustee or trustees to take over and
conduct the business of the franchisee whether in a receivership,
reorganization, bankruptcy, or other action or proceeding unless such
receivership or trusteeship will have been vacated prior to the expiration
of said 120 days, or unless:
(1)
Such receivers or trustees, within 120 days after
their election or appointment, fully comply with all the terms and
provisions of this chapter and the franchise granted pursuant hereto,
and the receivers or trustees within said 120 days remedy all defaults
under the franchise; and
(2)
Such receivers or trustees, within said 120 days,
execute an agreement duly approved by the court having jurisdiction
in the premises, whereby such receivers or trustees assume and agree
to be bound by each and every term, provision and limitation of the
franchise granted.
B.
In the case of a foreclosure or other judicial sale
of the plant, property and equipment of the franchisee, or any part
thereof, including or excluding this franchise, the Township Board
or its designee may serve notice of termination upon the franchisee
and the successful bidder at such sale, in which event the franchise
herein granted and all rights and privileges of the franchisee hereunder
will cease and terminate 30 days after service of such notice, unless:
In addition to providing basic cable television
service consisting of broadcast and access channels, the franchisee
may offer subscribers options services on a per-program or per-channel
basis (pay cable). The franchisee will not, however, program or, in
any way, display obscene material not protected by the First Amendment.
The franchisee will not refuse to hire, nor
discharge from employment, nor discriminate against any person regarding
compensation, terms, conditions, or privileges of employment because
of sex, race, color, creed, or national origin. The franchisee will
take affirmative action to insure that employees are treated without
regard to their sex, race, color, creed, or national origin during
employment.
In addition to all other rights and powers pertaining
to the Township by virtue of the franchise or this chapter, the Township
may terminate and cancel the franchise and all rights and privileges
of the franchisee thereunder in the event that the franchisee:
A.
Substantially violates any provision of the franchise
where such violation will remain uncured for a period of 30 days subsequent
to receipt by franchisee of written notice of said violation, except
when such violation is not the fault of the franchisee;
B.
Attempts to evade any of the provisions of this chapter
or a franchise agreement, or practice any fraud or deceit upon the
Township;
C.
Any termination and cancellation will be made by resolution
of the Township Board duly adopted after 60 days' notice to the franchisee
and will in no way affect any of the Township's rights under this
franchise or any provisions of law, provided, however, that before
the franchise may be terminated and canceled under this section, the
franchisee will be provided with an opportunity to be heard before
the Board, upon 30 days' written notice to the franchisee of the time
and place of the hearing; and provided further that said notice will
affirmatively recite whether the revocation is at will, or for cause,
and if for cause the reasons alleged to constitute such cause will
be recited in the notice. The opportunity to be heard will not be
interpreted as an implication that cause need be shown by the Township
to support a revocability of a franchise under the Constitution of
the State of Michigan, the laws and regulations of the United States
and the State of Michigan, the Township of Grosse Ile, or any agreements
between the parties.
The franchisee will be required to provide continuous
service to all subscribers in return for payment of the established
fee. If the franchisee modifies or sells the system, or the franchisor
revokes or fails to renew the franchise, or the franchisor elects
to purchase the system, the franchisee is required as part of the
franchise to continue to operate the system until an orderly change
of operation is effectuated, but in no event more than six months.
In the event the franchisee fails to operate the system for five consecutive
days without prior approval of the Board, the Township or its agents
may operate the system until such time that a new operator is selected.
If the Township is required to fulfill this obligation for the franchisee,
the franchisee will reimburse the Township for any costs or damages
that are the result of the franchisee's failure to perform.
In areas where telephone or electric utility
facilities are above ground at the time of installation, the franchisee
may install its cable above ground. In those areas of the Township
of Grosse Ile where both public utility facilities are underground
at the time of installation, the franchisee will install its cable
underground.
The franchisee will, without charge for installation,
maintenance, or service, make single installations of its basic cable
programming service channel offerings at each fire and police station,
and all public schools within the Township. The franchisee will, without
charge for installation, maintenance, or service make installation
of its standard antenna service facilities to the Township's public
buildings and school buildings set forth in Exhibit H.[1] Such installation will receive the complete basic cable
programming service channel offering of the franchisee, without charge,
subject only to contractual prohibitions between the franchisee and
third party sources. Such installations will be made at such reasonable
locations as will be requested by the respective units of government
or educational institutions. Any charge for relocation of such installations
will be charged at actual costs. Additional installations at the same
location will be made at cost plus 10%. No monthly service charges
will be made for distribution of the franchisee's signals within such
publicly owned buildings.
[1]
Editor's Note: Exhibit H is on file in the
Township offices.
A franchise authorizes only the operation of
a cable system as provided for in this chapter and does not take the
place of any other franchise, license, or permit which might be required
by law of the franchisee.
Upon termination of service to any subscriber,
the franchisee will promptly remove all of its facilities and equipment
from the premises of such subscriber upon written request.
A.
Prior approval of the Township Board is required where
ownership or control of more than 25% of the right of control of a
franchisee is acquired by a person or group of persons acting in concert,
none of whom already own or control 25% or more of such right of control,
singularly or collectively except as otherwise set forth in the franchise.
B.
No franchise may be transferred unless such transaction
is first approved by the Township Board, by resolution after public
hearing, in accordance with the same procedures as are specified for
grants of franchises. Such approval will not be unreasonably withheld.
The franchisee will not oppose intervention
by the Township in any suit or proceeding to which the franchisee
is a party.
The franchisee will maintain a sufficient force
of agents and employees, at all times, to provide safe, adequate,
and prompt service for its facilities.
Copies of all petitions, communications, and
applications submitted by the franchisee to the Federal Communication
Commission, Securities and Exchange Commission, or any other federal
or state regulatory commission, or agency having jurisdiction in respect
to any matters affecting cable television operations authorized pursuant
to a franchise, will also be submitted to the Township, upon request.
The system will be engineered to provide an
emergency alert system to allow authorized officials to automatically
override the signal on all channels and transmit and report emergency
information as set forth in the franchise. In the event of any such
use by the Township, the Township will hold harmless and indemnify
the franchisee from any damages or penalties resulting from the use
of this service.
The technical standard for operation of the
system will, in addition to meeting the requirements, specified in
this chapter, conform to all further requirements specified in the
franchise agreement, and any other standards or codes therefore as
may be adopted by the Township Board.
The franchisee will make the following available
and operational at all times during the length of the franchise:
A.
A minimum of one channel at no charge on the general
subscriber network system, available to all subscribers within the
Township, designated as the local government channel for the exclusive
use of local government agencies.
B.
A minimum of one channel at no charge on the general
subscriber network system, available to all subscribers within the
Township, for the exclusive use of the Grosse Ile Township Schools.
C.
A minimum of one channel at no charge on the general
subscriber network system available to all subscribers within the
Township for exclusive use by the general public on a first come,
first served basis.
No acceptance of any payment will be construed
as a release or as an accord or satisfaction of any claim the Township
may have for further or additional sums payable as a franchise fee
under the franchise agreement, this chapter, or for the performance
of any obligation hereunder.
Failure to pay any fees required by this chapter
or franchise agreement will result in automatic suspension of the
franchise granted, and reinstatement thereof may be had only upon
resolution by the Township Board and payment of the delinquent fee
or fees plus any interest or penalties as may be required by the resolution.
The franchisee will not be relieved of its obligation
to comply promptly with any of the provisions of its franchise by
any failure of the Township to enforce prompt compliance.
Prosecutions under this chapter will be prosecuted
in the name of the Township.[1]
