[Ord. No. 384, 4/14/1976,
§ 1]
The Borough of Wesleyville, hereinafter referred to as the "Borough,"
hereby grants to Erie County Community Antenna Television, Inc., hereinafter
called the "grantee," and to its successors and assigns, the right
and authority to install, maintain and operate a transmitting and
distribution system for television, radio and other audio-visual electrical
signal distribution in, over, on and under the streets, alleys, and
public highways of the Borough and to erect poles, with or without
crossarms, and to stretch wires and cables on, across and under all
streets; to maintain and use the same for the purpose of constructing
and operating a transmitting and distribution system for television,
radio and other audio-visual signal distribution.
[Ord. No. 384, 4/14/1976,
§ 2]
1.
All poles, cables, wires, antennas, conduits or appurtenances shall
be constructed and erected in a workmanlike manner. The Borough shall
not be held liable for any disturbance of the grantee's installation
resulting from the altering, repairing or installation of streets
or sewer or water installations. The grantee shall, at its own expense,
move or relocate any of the grantee's installations, at the request
of the Borough, whenever or wherever grantee's installations
are found by the Borough to interfere with the Borough's streets,
street grade, sewer or water installations or any proposed changes
thereof, or extensions thereto.
2.
This Part shall not be construed as to deprive the Borough of any
rights or privileges which it now has, or may hereafter have, to regulate
the use and control of its streets.
[Ord. No. 384, 4/14/1976,
§ 3]
All the construction of the grantee, including installations,
shall conform to the National Electric Safety Code, the statutes of
the State of Pennsylvania, and all ordinances of the Borough. The
grantee shall provide the Borough Engineer with a map designating
the location of cable television facilities; said map shall be available
for public examination.
[Ord. No. 384, 4/14/1976,
§ 4]
The grantee shall lay all cables, wires and lines, both on the
public and private properties of the Borough, at its own expense.
[Ord. No. 384, 4/14/1976,
§ 5]
The grantee shall indemnify and save the Borough harmless from
any and all liability, damage or expense from accident or damage,
either to itself or to persons or property of others, which may occur
by reason of the grantee's activities in the cable television
business. For this purpose and prior to commencing construction of
any kind, the grantee shall have in full force and effect, and thereafter
so maintain the same at all times and file evidence thereof with the
Borough Secretary, a good and sufficient policy of insurance with
liability limits of $50,000 for property damage, $100,000 for personal
injury to each person and $300,000 for each accident. The said policy
shall protect the Borough from and against any and all claims, actions,
suits, liability, expense or damage of any kind or description which
may accrue to or be suffered by the Borough or by anyone by reason
of the construction, maintenance or operation of the grantee's
facilities.
[Ord. No. 384, 4/14/1976,
§ 6]
The grantee shall pay to the Borough, during the term of the
franchise, a rental fee of 3% per annum without FCC approval, or 5%
per annum with FCC approval, on the gross revenue received by the
grantee for CATV service provided to subscribers within the corporate
limits of the Borough as now or hereafter constituted, payable on
the first day of May of each and every year hereafter. The Borough
shall have the privilege of increasing the franchise fee in an amount
equal to any increases hereafter permitted under FCC regulations.
The Borough shall have the right to inspect the records of the grantee
at any reasonable time for the purpose of ascertaining the actual
gross receipts of the grantee. The Borough reserves the option of
declaring the franchise null and void in event the grantee fails to
secure approval of a uniform monthly service charge among the municipalities
of the Townships of Millcreek, Lawrence Park and Harborcreek and the
Borough of Wesleyville.
[Ord. No. 384, 4/14/1976,
§ 8]
The Borough reserves the right to see that the system of the
grantee is constructed and maintained in a safe condition. If the
Borough finds that an unsafe condition does exist, it may order the
grantee to make necessary repairs forthwith, and if the grantee shall
fail to forthwith make the necessary repairs, the Borough may make
them, or have them made, and collect all cost and expense thereof
from the grantee.
[Ord. No. 384, 4/14/1976,
§ 9]
The grantee agrees to provide a free CATV outlet and free monthly
service to each Borough office building, fire station and police station
within the Borough.
[Ord. No. 384, 4/14/1976,
§ 10]
The grantee shall provide a free CATV outlet to each primary
and secondary school in the Borough.
[Ord. No. 384, 4/14/1976,
§ 11]
The rights and privileges of the permit shall continue for a
period of 15 years, commencing May 1, 1976, and the grantee, at the
termination of this period, or earlier, if the facilities of the grantee
cease to be used or if this permit is forfeited by the Borough by
reason of the failure of the grantee to abide by the terms hereof,
shall at its own cost and expense remove all construction and installations
hereby authorized from the Borough streets and shall place all portions
that may have been disturbed in as good a condition for public use
as the abutting portions thereof.
[Ord. No. 384, 4/14/1976,
§ 14]
The grantee shall conduct its operations at all times in accordance
with the applicable rules and regulations of the Federal Communication
Commission.
