[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove 11-5-2001 by Ord. No. 6-2001 (Ch. A149 of the 1985 Code). Amendments noted where applicable.]
Editor's Note: This ordinance superseded original Ch. A149, Cable Television Franchise, adopted 10-4-1971 by Ord. No. 2-1971.
The cable system agreement between the parties (agreement), attached hereto, marked Exhibit "A" and incorporated by reference herein, is hereby authorized and approved by the Borough.
The President and Secretary of Borough Council are hereby authorized to execute said agreement on behalf of the Borough.
By way of summary of the agreement, the agreement grants Adelphia the nonexclusive right to maintain and provide the facilities necessary for the maintenance and operation of a cable communications system throughout the Borough for a period of 10 years, with a renewal period of 10 years, in exchange for a franchise fee paid by Adelphia to the Borough of 4% of Adelphia's gross revenues, as defined in the agreement, which includes all revenues from the operation of the system from subscribers within the Borough of basic service tier or optional tier programming, equipment and installation, disconnection and reconnection charges, and revenues received from subscribers for the provision of cable modem access services. The agreement further sets forth the obligations of Adelphia for construction standards for equipment and services, and a mechanism for subscriber complaints, as well as the terms for permitting revocation of the franchise, and remedies for violations of the agreement.
This ordinance shall be effective immediately upon its enactment, and the agreement shall become effective immediately upon its execution by authorized persons for each party.