[Ord. 1375, 2/14/1977, § 42; as amended by Ord.
1735, 4/12/1993]
The application for grant of franchise, as required in § 102
of this Part shall be accompanied by a fee, in an amount as established
from time to time by resolution, which shall be applied to the cost
of public hearings and legal expense incurred by the Borough for the
preparation of the franchise agreement. In the event that its application
is rejected by the Borough, a portion of the application fee shall
be returned promptly to the applicant. The balance shall be paid over
to the Borough to defray administration and legal cost in the processing
of the application.
[Ord. 1375, 2/14/1977, § 43; as amended by Ord.
1735, 4/12/1993]
During the term of any franchise granted pursuant to this Part,
the franchisee shall pay the Borough for the use of its streets, public
places, and other facilities, as well as the maintenance, improvements,
and supervision thereof, an annual franchise fee in an amount equal
to 5% of the annual local gross subscriber revenues and such other
revenues as the FCC may at any time recognize as permissible as a
basis for computation of franchise fees. This payment shall be in
addition to any other tax or payment owed to the Borough by the franchisee,
including, but not limited to, pole inspection fee and street opening
permit fees. It is further agreed that should there by any revision
of the franchise fee established by the Federal Communication Commission
said change shall automatically take effect and shall govern the annual
franchise fee as herein set forth without the requirement of any amendment
to this Part.
[Ord. 1375, 2/14/1977, § 44]
Sales tax or other taxes levied directly on a per subscription
basis and collected by franchisee shall be deducted from the local
gross subscriber revenues before computation of sums due the Borough
is made. Payments due the Borough under the terms of §§ 291
and 292 of this Part shall be computed quarterly as of September 30,
December 31, March 31 and June 30 for the preceding quarter and shall
be paid on or before the 30th calendar day from each said computation
date at the office of the Borough Secretary. The Borough shall be
furnished a statement with each payment, certified as correct by the
franchisee, and an annual statement for the entire year, prepared
by a certified public accountant. All statements shall reflect the
total amount of local gross subscriber revenues, and the above charges,
deductions and computations for the period covered by the statement.
Statements accompanying payment of the franchise fee shall set forth
a detailed computation of the payment, and the number and type of
subscribers.
[Ord. 1375, 2/14/1977, § 45]
No acceptance of any payment shall be construed as a release
or as an accord and satisfaction of any claim the Borough may have
for further or additional sums payable as a franchise fee under this
subpart (H) or for the performance of any other obligation hereunder.
[Ord. 1375, 2/14/1977, § 46]
Failure to pay any fees required by this subpart (H) shall result
in automatic suspension of the franchise granted, and reinstatement
thereof may be had only upon resolution by the Borough Council, and
payment of the delinquent fee or fees plus any interest or penalties
as may be required by the resolution.
