[Ord. 250, 5/4/1964, § 1]
All booths erected by said Company shall be so located as in
no way to interfere with the safety or convenience of persons traveling
on or over the said streets, alleys and highways, and in the installation
and maintenance of its underground system, said Company shall not
open or encumber more of any street, alley or highway than will be
necessary to enable it to perform the work with proper economy and
efficiency.
[Ord. 250, 5/4/1964, § 2]
Whenever the said Company shall desire to erect, lay down or
construct any booths, posts, conduits or manholes, it shall present
a plan or plans showing the location, number and size thereof to the
Borough Engineer, who shall approve or disapprove the same as to location
which plan or plans, or copy thereof, with approval endorsed thereon,
shall be filed with the Borough Secretary, before any work shown thereon
is started. In case the said Borough Engineer disapproves any plan
or plans, he shall designate thereon, by the use of appropriate words
or marks, or both, some other location suitable for the purposes of
the said Company.
[Ord. 250, 5/4/1964, § 3]
The erection of booths and the construction of conduits and
manholes under the provisions of this ordinance shall be subject to
the supervision of the Borough Engineer and said Company shall replace
and properly relay that portion of any sidewalk or street pavement
which may have been displaced or damaged by it in the construction
and maintenance of its system.
[Ord. 250, 5/4/1964, § 4]
Not more than one duct in each run of conduits constructed under
the provisions of this ordinance may be used, free of charge, for
the purpose of carrying wires of any Fire Alarm or Police Telegraph
System owned and maintained by the said Borough, provided the said
wires are placed and maintained in such a manner as may be prescribed
by the said Company, and that no use shall be made of such space by
the said Borough, which will result in interfering with or impairing
the operation or use of the said Company's property or service
or will endanger its property or employees.
[Ord. 250, 5/4/1964, § 5]
The said Company shall maintain all posts, booths, telephones,
cables, wires, conduits, ducts, mains, pipes, manholes, and all other
apparatus erected or constructed under the provisions of this ordinance,
in good and safe order and condition, and shall at all times fully
indemnify, protect and save harmless the said Borough from and against
all actions, claims, suits, damages and charges, and against all loss,
and necessary expenditures arising from the erection, construction
and maintenance of its system, or from its neglect or failure to maintain
the said apparatus in good and safe order and condition.
[Ord. 250, 5/4/1964, § 6]
Nothing in this ordinance contained shall be construed to grant
unto the said Company any exclusive right, or to prevent a grant of
similar privileges to other companies, nor to conflict with the powers
and jurisdiction now or hereafter vested by law in the Pennsylvania
Department of Highways or the Pennsylvania Public Utility Commission
and their successors over certain highways or with any rules and regulations
issued from time to time by the said Department or Commission and
their successors, governing the use of such highways by public service
corporations.
[Ord. 250, 5/4/1964, § 7]
The said Company shall be governed by all legal ordinances of
a general nature affecting its operations in the Borough of Fountain
Hill, that are now in force and enacted under and by virtue of the
police powers of the said Borough or the laws of the State, as well
as all such ordinances hereafter so enacted, provided the terms conditions
and regulations prescribed therein do not impair or abridge the permission
contained in this ordinance.
[Ord. 250, 5/4/1964, § 8]
This ordinance shall take effect at the expiration of 30 days
from the date when a copy thereof shall have been filed in the office
of the Secretary of the Pennsylvania Public Utility Commission; provided
that if the Commission shall, prior to the expiration of such period,
institute a proceeding under the provisions of § 911 of
the Public Utility Law affecting its validity, this ordinance shall
become effective only upon approval by said Commission.
[Ord. 250, 5/4/1964, § 9]
The said Company, shall, under its seal and by its proper officers,
within 60 days from the date of the final enactment of this ordinance,
signify in writing its acceptance of all the terms, conditions, regulations
and restrictions herein contained, in default of which this ordinance
shall become null and void and of no effect.
[Ord. 250, 5/4/1964, § 10]
All legal advertising or printing fees incurred by the Borough
of Fountain Hill, County of Lehigh, State of Pennsylvania, in connection
with the passage of this ordinance, shall be paid by the said Company,
Bell Telephone Company of Pennsylvania.
[Ord. 280, 6/19/1968, § 1]
No poles, cables, equipment, wires or apparatus of any kind
for the construction, maintenance and operation of community antenna
television systems shall be installed, or the installation thereof
commenced, within the Borough of Fountain Hill unless and until specifications
and the manner and the method of installation are submitted in writing
to the proper officers of the Borough for approval and the same are
approved in writing, and unless or until the proposed location of
such poles, cables, equipment and apparatus is set forth on a plot
or map showing the existing poles, streets, alleys and highways of
the Borough and said map is submitted to the proper officers of the
Borough and approved in writing by such officers.
[Ord. 280, 6/19/1968, § 2]
The installation and maintenance of all poles, cables, equipment,
wires and apparatus shall be performed at such times as the proper
officers, of the Borough shall direct so that there shall be no substantial
interference with the use by the public of any streets, alleys or
highways of the Borough.
[Ord. 280, 6/19/1964, § 3]
Any sidewalk or street paving displaced or damaged by the erection
of any poles shall be immediately replaced to the satisfaction of
the proper officers of the Borough at no cost or expense to the property
owner or to the Borough.
[Ord. 280, 6/19/1964, § 4]
All poles, cables, equipment, wires or apparatus shall be erected,
constructed and maintained in a good and safe condition and in accordance
with the best engineering practices and safety requirements. Wires
shall, wherever possible, be placed only where service poles for light,
telephone and power lines have been or will be installed so as to
preserve the prevailing character of the neighborhood and maintain
clear and unobstructed streets as much as possible. Where a street
crossing is necessary for transmission or home service lines, a minimum
vertical height above the curb of 18 feet shall be maintained.
[Ord. 280, 6/19/1964, § 5]
In the event that there is a failure or refusal to comply with
any of the provisions of this ordinance, or in the event the operation
of a community antenna television system is discontinued, either voluntarily
or involuntarily, the community antenna television system shall be
removed forthwith by the operator thereof from the Borough without
any cost or expense whatsoever to the Borough.
[Ord. 280, 6/19/1964, § 6]
The operator of a community antenna television system shall
at all times fully indemnify, protect and save harmless, the Borough
and its agents and employees from all and any claims for personal
injuries to property damages, or any other claims and costs, including
attorney's fees, expenses of investigation and litigation of
claims and suits thereon, which may arise from the installation and/or
operation of the community antenna television system and which may
also arise from the installation, adjustment, or repair of any Borough
electrical equipment of any kind whatsoever whenever the operator
of a community antenna television system in response to a request
by the Borough lends its aid to the Borough and without cost for the
aforementioned adjusting, repairing, or installing Borough electrical
equipment. In case suit shall be filed against the Borough, either
independently or jointly with said operator, to recover for any said
claim or damages, said operator, upon notice to it by the Borough,
shall defend the Borough, its agents and employees, against said action,
and, in the event of a judgment being obtained against the Borough,
either independently or jointly with said operator, the said operator
shall pay said judgment and all costs, and hold the Borough harmless
therefrom. For this purpose, said operator shall carry and at all
times maintain and keep in force, a public liability policy or policies
in the name of said operator and the Borough as their respective interests
may appear, insuring said operator and the Borough against any and
all liability arising from the installation and/or operation of said
system, which policy or policies shall be approved by the Borough.
Such liability policy or policies shall be in the sum of not less
than $100,000 for damage to property in any one accident, and not
less than $100,000 for injury or death to any one persons, and not
less than the sum of $300,000 for death or injury to all persons affected
by any one accident. Such policies of insurance shall be issued by
a company licensed to do business in the Commonwealth of Pennsylvania
and certificates thereof shall be submitted to the Secretary of the
Borough showing that liability insurance, as aforesaid, is in effect
at all times. Said operator shall also carry workmen's compensation
insurance for all employees and shall submit to the Secretary of the
Borough a certificate of insurance showing that workmen's compensation
coverage is in effect at all times.
[Ord. 280, 6/19/1964, § 8]
Any right or privilege granted hereunder to operate a community
antenna television system shall not be construed to be an exclusive
grant, right or privilege to any one operator as to prevent the granting
of similar rights and privileges to others.
[Ord. 280, 6/19/1964; as amended by Ord. 348, 1/4/1982]
Attachments made hereunder may remain until the expiration of
five years from the first day of June, 1959, and shall continue thereafter
from year to year and unless either the Borough or the licensee shall
give 90 days notice in writing, prior to the end of any licensed year,
of its intentions to terminate the same.
[Ord. 280, 6/19/1964, § 10]
Nothing herein shall be interpreted as meaning that the Borough
conveys or gives the right to use the now existing poles, facilities
or property of the Pennsylvania Power and Light Company, Bell Telephone
Company, or any utility, railroad or private corporation, person or
partnership, without first obtaining written permission from said
parties, which written permission shall be filed with the Secretary
of the Borough before any erection or field work is performed.
[Ord. 280, 6/19/1964, § 11]
If at any time the facilities being used are ordered removed
by the proper officers of the Borough, or voluntarily removed by the
utility, railroad, private corporation, person or partnership now
using such facility, then upon 60 days written notice from the Borough,
the said wires, equipment and cables shall be removed at the expense
of the operator of the community antenna television system within
said time as ordered, and the Borough Council shall have the right
to declare any and all privileges withdrawn and forfeited.
[Ord. 280, 6/19/1964, § 12]
Certified copies of any existing or future contracts by and
between an operator of a community antenna television system, with
any public utility servicing the Borough, shall be filed with the
Secretary of the Borough prior to the commencement of any construction,
maintenance or installation of any cables, wires or equipment of any
kind whatsoever.
[Ord. 280, 6/19/1964, § 13]
Any operator of any community antenna television system shall,
under its seal and by its proper officers, within 30 days from the
date of the resolution granting permission, signify in writing its
acceptance of all the terms, conditions, regulations and restrictions
of this ordinance, and shall also furnish the aforesaid certificates
of insurance and bond and other documents required by this ordinance,
in default of any of which the resolution shall become null and void
and be of no effect.
[Ord. 280, 6/19/1964, § 14]
All legal advertising and printing costs and other expenses
incurred by the Borough in connection with the passage of the within
ordinance or any resolution thereunder, shall be paid by the operator
of the community antenna television system.
[Ord. 280, 6/19/1964, § 15]
There shall be filed with the Borough Secretary a schedule of
uniform tariffs covering installations and hook-up charges for both
commercial and residential buildings and service charges relating
thereto and any subsequent changes in said tariffs.
[Ord. 348, 1/4/1982; as amended by Ord. 386, 11/4/1985]
The Grantee shall pay to the Borough the following sum:
1.
The sum of 5% of the cable system operator's gross revenues
received from residents of the Borough during the calendar year.
|
The foregoing sum shall be accepted by the Borough in full payment for the right and privilege and the franchise granted by this Part 2 to use the streets of the Borough. All sums to be paid by the Grantee to the Borough under the provisions of this section shall be paid within one month following the end of the period for which the payment is made.
|
[Ord. 348, 1/4/1982]
At the time the Grantee makes the payments specified in § 215, the Grantee, at its own expense, shall submit a report confirmed by a certified public accountant setting forth, for the period for which the payment is made, the gross revenues received from the customers in the Borough who are subscribers. The Borough, through its duly authorized officers, employes or agents, shall, at reasonable times during normal business hours, have the right to inspect, examine and, if necessary, audit the books and records of the Grantee relating to the information to be included in the report specified in this section, provided that unless the Borough alleges a breach of the provisions of this Part 2, any inspection, examination, or audit shall not be more often than one time each year. If the Borough alleges a breach of the provisions of this Part, it shall, at reasonable times when necessary, have access to and the right to inspect, examine and audit the books and records of the Grantee relating to the information to be included in the report specified in this section to determine whether a breach of the provisions of this Part has occurred. All information obtained by the Borough as a result of the inspection, examination and auditing of the Grantee's books and records shall be confidential and shall not be disclosed by the Borough or any of its officers, employes, or agents, except in a legal proceeding to which the Borough may be a party involving this Part or upon the appropriate order of a court, agency or administrative body of competent jurisdiction.
[Ord. 280, 6/19/1964, § 16]
The Borough of Fountain Hill expressly reserves unto itself
the right in the future to impose license or franchise fees upon the
operations of community antenna television systems.
[Ord. 280, 6/19/1964, § 17; as amended by Ord.
348, 1/4/1982]
Any person who shall violate any of the provisions of this ordinance
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and costs of prosecution, for each offense, and each
occurrence shall be considered a new offense and finable as such,
or to imprisonment in the Lehigh County Prison for not more than one
day for each $10 of unpaid balance of fine and costs.
