Township of Springfield, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1993 by Ord. No. 1287[1]]
[1]
Editor's Note: This ordinance also repealed former Appendix, Part VI, Community Antenna Television System, adopted 7-12-1977 as Ord. No. 976, amended 8-8-1978 by Ord. No. 996.

§ A155-1 Franchise granted; renewal.

A. 
In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, the nonexclusive right (hereinafter referred to as "franchise") is hereby granted to a franchisee (hereinafter referred to as "company") to construct, own, operate and maintain a community antenna cable television system and to erect, maintain and operate television transmission and distribution facilities and additions thereto in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Township of Springfield, Delaware County, Pennsylvania, and subsequent additions thereto, for the purpose of transmission and distribution of audio and visual impulses and television energy in accordance with the laws and regulations of the United States of America, the Commonwealth of Pennsylvania and the ordinances and regulations of the Township of Springfield, now in effect or hereafter enacted. The duration of the rights, privileges and authorities hereby granted shall be 10 years from the date of acceptance of this ordinance by the company, provided that the Township shall have the option of extending this franchise for additional periods of five years unless the Township gives the company not less than one year's written notice of the intent not to so renew this franchise.
B. 
During the six-month period which begins with the 36th month before the franchise expiration, the Advisory Council may on its own initiative and shall at the request of the company commence proceedings which afford the public appropriate notice and participation for the purpose of:
(1) 
Identifying the future cable-related community needs and interest.
(2) 
Reviewing the company's performance under the franchise. Upon completion of the above proceeding, the company may submit a proposal for renewal.
C. 
A four-month period shall be allowed for determining the company's eligibility for franchise renewal. The Council shall consider the company's annual reports to the Township, the Federal Communications Commission (FCC) and the commonwealth, if such is required, and these shall be considered in light of cable television industry performance on a national basis in respect to technical developments and performance, programming, cost of service and the particular requirements set out in this ordinance. After a public hearing, duly advertised, the Council shall make recommendation, in writing, to the Township for renewal of the franchise without change in contract, renewal with amendment(s) to the contract or termination of the franchise. In the latter instance, the specific reasons for nonrenewal of the franchise are to be stated.

§ A155-2 Authority to obtain and use equipment and facilities.

There is hereby granted the further right, privilege and authority to the company to lease, rent, subscribe to service or in any other manner obtain the use of towers, poles, lines, cable, facilities, services, licenses and franchises within the limits of the Township of Springfield, Pennsylvania, including the Bell Telephone Company of Pennsylvania and the Philadelphia Electric Company, and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the Township. The poles used for the company's distribution system shall be those erected and maintained by the telephone or electric companies when and where practicable, provided that mutually satisfactory rental agreements can be entered into with said companies.

§ A155-3 Rights of company; construction and maintenance of distribution system.

A. 
The company shall have the right and privilege to construct, erect, operate and maintain in, upon, along, above, across, over and under the streets such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to its system, provided that individual permits are issued for the location of such poles subject to the approval of the affected homeowner and the Advisory Council in conjunction with the Board of Commissioners and, in addition, so to use, operate and provide similar properties rented or leased from other persons, firms or corporations for such purpose.
B. 
The company's rights and privileges shall be subordinated to any prior lawful use or occupancy of the streets or other public property and shall not be so used as to interfere with existing improvements or with new improvements this Township may deem proper to make or as to hinder or obstruct the free use of the streets, alleys, bridges or other public property. In the event that any equipment or facilities of the company shall interfere with any such improvement existing or intended to be made by the Township, the company shall, upon notice from the Township, forthwith relocate said equipment and facilities at the company's expense so as to eliminate said interference.
C. 
Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, 1993 (NED-70), or any amendments or revisions thereof and in compliance with any applicable rules, regulations or orders now in effect or hereafter issued by any federal or state commission or any other public authority having jurisdiction.
D. 
All installations of equipment shall be durable or of a permanent nature and installed in accordance with good engineering practice as outlined by the National Bureau of Standards, American Institute of Electrical Engineers and American Society of Mechanical Engineers. The company shall comply with all Township regulations, ordinances and state and federal laws now existing or hereinafter enacted so as not to interfere with the right of the public or individual property owner and so as not to unduly interfere with the travel and use of public places by the public during the construction, repair or removal thereof.
E. 
In the construction, conduct, maintenance and operation of its business, the company shall comply with all requirements of Township ordinances, resolutions, local laws, rules, regulations and specifications heretofore or hereafter enacted or established, including but not limited to those concerning street work, street excavation, use and removal and relocation of property within a street.

§ A155-4 Limitation.

This franchise authorizes only the installation and operation of a community antenna television system and does not take the place of any other franchise, license or permit which may be required by law or ordinance or regulation.

§ A155-5 Facilities to be placed underground.

In all areas of the Township where cables, wires or other like facilities of public utilities are placed underground, the company shall place its cables, wires or other like facilities underground.

§ A155-6 Joint use of facilities.

The company shall grant to the Township, free of expense, joint use of any and all poles owned by it for any proper Township purpose, provided that it may be done without interfering with the free use and enjoyment of the company's own facilities.

§ A155-7 Use of facilities during emergency.

In case of any emergency or disaster, the company shall, upon request of the Township or its civil defense authority, make its facilities and personnel available to the Township or said authority during the emergency or disaster period without charge.

§ A155-8 Local office.

The company shall maintain an office easily accessible to Township residents which shall be open during all usual business hours, have a listed telephone and be so operated that complaints and requests for repairs and adjustments and requests for use of facilities by the Township and its civil defense authority may be received at any time.

§ A155-9 Restrictions of company.

The company shall not sell, repair and/or rent television sets and VCR's.

§ A155-10 Requirements.

A. 
The company shall supply to customer's television set a picture that meets all current and future standards as required by the FCC. If no standards are set by the FCC, the company will deliver picture quality to all customers that meets all standards as set within the cable industry and that is in compliance with the technical standards set by the FCC in 1993.
B. 
The company shall transmit signals that have the proper signal quality through cable that is properly shielded to prevent signal leakage, comply with all FCC requirements that pertain to signal leakage performance criteria and provide a timely response and repair at no charge for all complaints from non-cable customers who have impaired picture that is caused by cable transmission.
C. 
The company shall provide same-day service response, on any normal working day, for all complaints and requests for adjustments received before 12:00 noon. Calls received after 12:00 noon must be responded to within 24 hours. After 12:00 noon on Saturdays or Sundays and holidays, customers with problems must have a call back by 12:00 noon the next working day. Twenty-four-hour emergency service will always be available for the following: loss of channels for the entire cable system, downed lines blocking streets or sidewalks, cable causing a dangerous situation to pedestrians or traffic, or when five or more calls come from the Township due to picture loss or impaired picture quality. Upon failure to remedy a loss of service attributable to the cable system within 24 hours after a complaint, if requested, the company shall credit 1/30 of the regular monthly charge to the subscriber for each 24 hours or fraction thereof, until service is restored.
D. 
The company shall have the work done between the hours of 7:00 a.m. and 12:00 noon whenever possible anytime there is a loss or interruption of service to more than 500 subscribers caused by the company. Whenever the company has a planned outage due to maintenance of the system, for a period of 24 hours or more, the company shall credit to the subscriber's account 1/30 per diem of his monthly subscription fee. The requirements for maintenance of equipment contained in this provision shall not apply to a subscriber's television set.
E. 
The company shall keep a log and file a copy thereof at the end of each month with the Advisory Council listing by category all complaints and trouble calls received, the number of second or subsequent calls on the same complaint, the remedial action taken and the period of time required to satisfy each reported complaint. The company shall file a list of credits quarterly with the Council, when available.
F. 
The company shall be required to interconnect its system with any other broadband communications facility operating in a reasonably nearby territory, such interconnection to be made within 60 days of a request by the Township. For good cause shown, the company may request and the Township may grant reasonable extension of time to comply with this requirement.
G. 
The company shall have a representative attend meetings of the Advisory Council on Cable Television or any other meetings when requested.

§ A155-11 Fee to Township; filing of statement and reports.

A. 
The company shall pay to the Township 5% of the gross annual receipts. "Gross receipts" shall mean any and all compensation and other considerations in any form paid by and due or owing by subscribers to the company or any lessee of the company from the sale of its services and facilities to said subscriber or lessee of the company within the limits of the Township. All installation charges, reconnection charges, service charges and charges for inspection, repair or modification of installations, all advertising revenue and all sales commissions from all present and future sales channels shall be included in said sum.
B. 
The company shall file with the Township, within 90 days of the expiration of any fiscal year during which this franchise is in force, financial statements certified by an independent accountant in accordance with Statement on Auditing Standards No. 14 as issued by the Auditing Standards Executive Committee of the American Institute of Certified Public Accountants, Special Reports. Such statements shall not contain an adverse or disclaimer of opinion. The auditor's opinion shall contain assurance that the company is in compliance with the financial terms and provisions of this ordinance. In addition to the normal adherence for applying audit procedures, the auditor shall perform such work as may be necessary to satisfy himself that gross revenues, as defined, are properly stated. Also, he shall express an opinion on the monthly reports required by this ordinance.
C. 
The company is required to file monthly reports including but not limited to the franchise fee payment worksheet (to be provided by the Township) within 15 days of month's end which present earned revenue. On a monthly basis, the company shall pay 100% of the fees to the Township. The Township Manager or his representative shall have the right to examine or have examined the books and records of the company to assure compliance with the terms and provisions of this ordinance, such cost to be paid by the company. Noncompliance with the aforementioned will result in a penalty of 5% on moneys due for that month.
D. 
The company shall keep on file with the Township a current list of its stockholders, bondholders, owners and partners and the holdings thereof.

§ A155-12 Transferability; Township's right of first refusal.

This franchise right is a privilege to be held in personal trust by the original grantee. It cannot be transferred, leased, assigned or disposed of as a whole or in part, either by forced sale, merger, consolidation or otherwise, without first offering to transfer, lease, assign or dispose of in whole or in part to the Township by giving written notice to the Township. The Township shall have 120 days to accept said offer under the same terms and conditions as the offer received by company. In the event that the Township does not accept the offer, the franchise cannot be transferred, leased, assigned or disposed of, as a whole or in part either by forced sale, merger, consolidation or otherwise, without the prior consent of the Township expressed by this ordinance, and then only under such conditions as may therein be prescribed.

§ A155-13 Termination of service.

A. 
Upon termination of service to any subscriber, the company shall promptly:
(1) 
Remove all personal property and/or equipment, including but not limited to converters and remote controls.
(2) 
Disconnect cable or wiring into subscriber's premises either at the point of entry or at a feed point from cable tap.
(3) 
Refund payment made in advance for service. The refund of advance payment should be calculated based upon an effective termination date, which shall be the date which occurs first that is the actual date of termination of service into the premises or seven days after a request is made by customer to discontinue service. If the company has the capability of discontinuing service without visiting the premises, then the effective date of termination shall be the day the customer requests termination of service.
(4) 
Promptly return security deposits, if any, upon the customer returning equipment for which deposit is applicable.
(5) 
Submit the final statement of account to the customer within 45 days of voluntary termination of service.
B. 
The company shall not impose a charge or fee to a customer who requests termination of service. The company shall not be required to remove cable or wiring from either the inside or outside of subscriber premises. However, upon request from the subscriber, the company must remove aerial cable or wiring from only the exterior of the customer's property.

§ A155-14 Expiration of term.

At the expiration of the term for which this franchise is granted or upon its termination and cancellation as provided for herein, the Township shall have the right to require the company to remove at its own expense all portions of the system from all public ways within the Township.

§ A155-15 Filing of maps, plans and schedules.

The company will file with the Township true and accurate copies of maps and schedules of any major construction.

§ A155-16 Cancellation of franchise.

A. 
In addition to all other rights and powers pertaining to the Township by virtue of this ordinance or otherwise, the Township reserves the right to terminate and cancel the franchise hereby granted and all rights and privileges of the company hereunder in the event that the company:
(1) 
Violates any material provision of this ordinance or any rule, order or determination of the Township or Board of Commissioners made pursuant to this ordinance.
(2) 
Becomes insolvent or unable or unwilling to pay its debts or is adjudged as bankrupt.
(3) 
Violates any federal or Pennsylvania law or regulation.
B. 
Such termination and cancellation shall be by ordinance duly adopted after 30 days' notice to the company and shall in no way affect any of the Township's rights under this franchise or any provision of law.

§ A155-17 When effective.

This ordinance and the rights granted to the company shall become effective upon execution of a contract between Springfield Township and the franchisee, binding both parties to abide by all conditions of this ordinance.

§ A155-18 Liability and insurance requirements.

A. 
The company shall pay and by its acceptance of this franchise the company specifically agrees that it will pay all damages and penalties which the Township may legally be required to pay as a result of granting the franchise. These damages or penalties shall include but shall not be limited to damages arising out of the installation, operation or maintenance of the system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance.
B. 
The company shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the Township in defending itself with regard to all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses such as attorney's fees and shall also include the reasonable value of any services rendered by the Township Solicitor or his assistants or any employees of the Township.
C. 
The company shall maintain and by its acceptance of this franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the Township and the company with regard to all damages mentioned in Subsection A above in the minimum amounts as follows:
(1) 
The company shall provide evidence of workmen's compensation and vehicle insurance from a carrier with an A.M. Best rating of "A" or better.
(2) 
Comprehensive general liability insurance shall be written on an occurrence basis with a combined single limit of no less than $1,000,000 for bodily injury, property damage and personal injury.
D. 
The company shall maintain and by its acceptance of this franchise specifically agrees that it will maintain throughout the term of this franchise a faithful performance bond running to the Township in the penal sum of $100,000 conditioned that the company shall well and truly observe, fulfill and perform each term and condition of this ordinance and that, in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the Township for all damages resulting from the failure of the company to well and faithfully observe and perform any provision of this ordinance.
E. 
The insurance policy and bond obtained by the company in compliance with this section must be written by an insurance company with an A.M. Best rating of "A" or better and shall be approved by the Board of Commissioners, and such insurance policy and bond, along with written evidence of the payment of required premiums, shall be filed and maintained with the Township Manager/Secretary during the term of this ordinance.
F. 
All expenses of the above-noted insurance and bond shall be paid by the company.

§ A155-19 Agreement.

The company shall:
A. 
Provide each public, private and parochial school, fire station, ambulance corps building, public library and Township building, and such public auditoriums and institutions as are requested by the Township with a single drop and basic service without charge. Additional drops and service will be charged to the facility by the company at cost to the company of time and material only.
B. 
Comply with the present and future rules and regulations of the Federal Communications Commission in connection with and relating to the operation of its system.
C. 
Provide an education access channel. The company shall maintain one specially designated channel for use by the Springfield School District and provide at no cost a character generator for their exclusive use.
D. 
When additional channel space above 43 is added, provide within 90 days:
(1) 
Local government access channel. The company shall maintain one specially designated channel for Springfield Township municipal use at the Township Building or other place the Township may designate and provide at no cost a character generator for their exclusive use.
(2) 
Public access/leased access channel. The company shall maintain at least one specially designated, noncommercial public access/leased access channel available on a first-come, nondiscriminatory basis. In addition, other portions of its nonbroadcast bandwidth, including unused portions of the specially designated channels, shall be available for leased uses. On at least one of the public access/leased channels, priority shall be given to part-time users.
E. 
Maintain and deliver a minimum of 43 channels and will continue to increase the amount of channels available to its customers as the technology and demand increases. The company shall meet and/or exceed cable television industry standards as it relates to the number of channels carried. At no time shall the company monitor the viewing habits of its customers without the express permission of said customers. Pursuant to the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, all personally identifiable information is used solely for the normal business purpose of offering and rendering cable television service to the customer. The company will not disclose personally identifiable information without permission of the customer.
F. 
Carry on its system the signals of all stations significantly viewed in Delaware County, Pennsylvania, these to include all local network and education VHF stations and local UHF stations and, in addition, no less than two distant commercial stations.
G. 
Conduct program origination cablecasting, in addition to any automated services.
H. 
Provide, for a fee, portable video production equipment and the staff to aid local access cablecasters in producing their program. A studio, located within a five-mile radius of the Township Building, must be made available to all access users on a first-come-first-served basis. A full schedule of rates for use of said equipment, studio and staff must be provided. Rates may give preference to noncommercial users.
I. 
Supply and install at no cost to the customer a closed-captioned device when requested by the hearing impaired.

§ A155-20 Installation of signal distribution facilities.

The company shall make cable service available, when permitted by the property owner, to all residents in private housing in the Township subject to all provisions of this ordinance.

§ A155-21 Requests for special service.

The company must obtain a permit from the Township to provide segments of subscribers any specialized service that will not be available to all subscribers. All requests shall demonstrate that the service is not contrary to the public interest and will not affect the company's ability to deliver service to other users and subscribers.

§ A155-22 Regulation of programming.

A. 
The Township shall not prohibit or limit any program or any class or type of program or otherwise control the communications or signals transmitted by the company or impose discriminatory or preferential fees in any manner that would tend to encourage or discourage programming of any particular nature, directly or indirectly, and shall not promulgate any regulation that would interfere with the right of free speech by means of cable television.
B. 
The company shall not prohibit or limit any program or class or type of program presented over a leased channel or any channel made available for public access or educational purposes.

§ A155-23 Continuation of service.

In the event of expiration, cancellation or transfer of the franchise, the company shall be required to continue to operate the system until an orderly change of operation is effectuated and shall be subject to an accounting for net earnings or losses during this interim period.

§ A155-24 Advisory Council.

A. 
There is hereby established an Advisory Council on Cable Television to be appointed by the Township. The Council shall be composed of seven members who shall reflect the diverse community interests of the Township and who shall serve for terms of three years. No employee or person with ownership interest in a cable television franchise granted pursuant to this ordinance shall be eligible for membership on this Council. The Chairperson of the Council shall be elected by the members of the Council for a term of one year. Any action of the Council shall require concurrence of four members of the Council. An appropriation may be made by the Township for funding of this Council, said money to come from fees paid the Township by the company as specified in this ordinance.
B. 
The Council shall have the following functions:
(1) 
Meet regularly during the year.
(2) 
Advise the Township on applications for franchises and on franchise renewal.
(3) 
Advise the Township on matters which might be grounds for revocation of the franchise or imposition of a penalty on the company in accordance with this ordinance.
(4) 
Help to resolve disagreements among franchises or between the company and subscribers or public or private users of the system.
(5) 
Advise the Township in respect to policy relating to the services provided to subscribers, to the operation and use of public channels and to the availability of channel time for lease for pay-cable programs, business users or informational programming.
(6) 
Cooperate with other systems and supervise the interconnection of systems.
(7) 
Review annually a copy of the company's audit.
(8) 
At the Council's discretion, require preparation and filing of information additional to that required herein.

§ A155-25 Validity of franchise.

The company was represented throughout the negotiations of the franchise renewal by its own attorneys and has had opportunity to consult with its own attorneys about its rights and obligations regarding the franchise. In consideration of the renewal of the franchise to the company, the company hereby waives any claim which it may have with respect to the issuance of and/or the terms and conditions of the Franchise Ordinance. In consideration of the renewal of the franchise to the company, the company also releases the Township and any of its elected officials, employees, representatives, agents, servants, including attorneys, from any claims it may have, known or unknown; including, without limitation, claims arising under Pennsylvania law, the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection & Competition Act of 1992, the ordinance and charter of the Township of Springfield and/or the requirements of federal, state or municipal law, including the Constitutions of the United States and of Pennsylvania. However, the foregoing release shall not apply to any claims which the company may have with respect to the terms and conditions of the Franchise Ordinance where substantially the same terms and conditions of other cable television franchises have been held invalid by a binding and final judgment of the United States or Pennsylvania Supreme Courts.

§ A155-26 Indemnification.

A. 
The company shall fully indemnify, defend and hold harmless the Township, its officers, boards, commissions, elected officials, agents, attorneys, representatives, servants and employees against any and all costs, damages, expenses, claims, suits, actions, liabilities and judgments for damages, including but not limited to expenses for legal fees, whether suit is brought or not, and disbursements and liabilities incurred or assumed by the Township in connection with:
(1) 
Damage to persons or property in any way arising out of or through the acts or omissions of the company or the Township, their respective servants, officials, agents, attorneys, representatives or employees or to which the company's or the Township's negligence or that of their respective servants, agents, officials, attorneys, representatives or employees shall in any way contribute;
(2) 
Requests for relief arising out of any claim for invasion of the right of privacy; for defamation of any person, firm or corporation; for the violation of infringement of any copyright, trademark, trade name, service mark or patent; or of any other right of any person, firm or corporation, excluding claims arising out of or relating to the Township's own programming;
(3) 
Any and all claims arising out of the company's failure to comply with the provisions of this Franchise Ordinance or any federal, state or local law, ordinance or regulation applicable to the company or the CATV system;
(4) 
Any and all claims which the company may now or hereafter have or claim to have against the Township, its servants, agents, attorneys, representatives, employees or officials due to or arising out of damage to any of the company's property or equipment, including, without limitation, the resulting or consequential loss of income, injury to reputation or any other resulting or consequential damages of any kind caused by or resulting from acts or omissions of the Township or any of its servants, agents, attorneys, representatives, employees or officials; and
(5) 
Any and all disputes arising out of a claim wherein damages or other relief is sought as a result of the Township's cable communications franchising procedure or as a result of the renewal of the cable communications franchise or as a result of the Township's failure to award a franchise to any other person, partnership, corporation or other legal entity.
B. 
If suit is brought or threatened against the Township, either independently or jointly with the company or with any other person or municipality, the company, upon notice given by the Township, shall defend the Township at the cost of the company. If final judgment is obtained against the Township, either independently or jointly with the company or any other defendants, the company shall indemnify the Township and pay such judgment with all costs and satisfy and discharge the same.
C. 
The Township reserves the right to cooperate with the company and participate in the defense of any litigation either through intervention or otherwise. The company shall pay upon receipt of written demand from the Township all expenses incurred by the Township in defending itself with regard to any matters in this section. These expenses shall include, but not be limited to, attorneys fees and the reasonable value of services (as determined by the Township) rendered by the Township or any of its employees, officials, attorneys, servants, agents or representatives.
D. 
The Township is in no manner or means waiving any governmental immunity it may enjoy or any immunity for its agents, officials, servants, attorneys, representatives and/or employees.
E. 
The company shall make no settlement in any matter identified above without the Township's written consent, which shall not be unreasonably withheld. Failure to inform the Township of settlement shall constitute a breach of this Franchise Ordinance, and the Township may seek any redress available to it against the company whether set forth in this ordinance or under any other municipal, state or federal law.
F. 
If the Township awards any additional cable communications franchise in any future franchise process to a firm other than the company, then the company agrees that it will not bring or cause to be brought any action, suit or other proceeding claiming damages or seeking any other relief against the Township, its elected officials, officers, boards, commissions, employees, representatives, servants, agents or attorneys for any award of a franchise made in conformity with this ordinance, Pennsylvania law, the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection & Competition Act of 1992.
G. 
All rights of the Township pursuant to indemnification, insurance, letter of credit or performance bond(s), as provided for by this ordinance, are in addition to all other rights the Township may have under this ordinance or any other ordinance, rule, regulation or law.
H. 
The Township's exercise of or failure to exercise any rights pursuant to any section of this ordinance shall not affect in any way the right of the Township subsequently to exercise any such rights or any other right of the Township under this ordinance or any other ordinance, rule, regulation or law.
I. 
It is the purpose of this section to provide maximum indemnification to the Township under the terms and conditions expressed and, in the event of a dispute, this section shall be construed (to the greatest extent permitted by law) to provide for the indemnification of the Township by the company.
J. 
The provisions of this section shall not be dependent or conditioned upon the validity of this ordinance or the validity of any of the procedures or agreements involved in the renewal of the franchise, but shall be and remain a binding right and obligation to the Township and the company even if part or all of this ordinance or the grant or renewal of the franchise is declared null and void in a legal or administrative proceeding. It is expressly the intent of the company and the Township that the provisions of this section survive any such declaration and shall be a binding obligation of and inure to the benefit of the company and the Township and their respective successors and assigns, if any.

§ A155-27 Repealer; amendment; severability.

A. 
All ordinances or parts of ordinances in conflict with the provisions of this ordinance, and especially Ordinance Nos. 859, 892 and 976, are hereby repealed.
B. 
To the extent that the Federal Communications Commission shall terminate controls in any area pertinent to this ordinance, this ordinance may be amended by the Board of Commissioners.
C. 
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdings shall not affect the validity of the remaining portions hereof.
[Adopted 3-13-2007 by Ord. No. 1459]

§ A155-28 Grant of franchise; execution of franchise agreement.

The Township hereby grants Verizon a nonexclusive cable franchise subject to and in accordance with the terms and conditions of the cable franchise agreement between the Township and Verizon, including, without limitation, each and all of the side letters attached thereto (collectively the "Verizon Franchise Agreement"). A copy of the Verizon Franchise Agreement and related side letter agreements are attached hereto and made a part hereof as Exhibits A, B and C.[1]
[1]
Editor's Note: Exhibits A, B and C are on file in the Township offices.

§ A155-29 Conflicts with cable ordinance.

In the event of any conflict between the terms of the cable ordinance[1] and this ordinance, the terms of this ordinance shall be controlling.
[1]
Editor's Note: See Ch. A155, Art. I.

§ A155-30 Other franchises unaffected.

Nothing in this ordinance, including the Verizon Franchise Agreement, shall alter the terms of any other franchise, franchise agreement or franchise license previously granted by the Township pursuant to the Cable Ordinance, each of which shall remain in effect according to their particular terms and conditions.

§ A155-31 Severability.

If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not render this ordinance invalid.