[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 7-10-1979 by Ord. No. 39 (Ch. A120 of the 1987 Code).
Amendments noted where applicable.]
This ordinance shall be known and may be cited
as the "Cable Antenna Television Franchise Ordinance."
A.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular number and words in the singular number include
the plural number. The word "shall is always mandatory and not merely
directory.
B.
COMMUNITY ANTENNA TELEVISION SYSTEM (HEREINAFTER REFERRED TO
AS "CATV SYSTEM" OR "SYSTEM")
GRANTEE
GROSS OPERATING REVENUES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
PERSON
STREET
SUBSCRIBER
SUPERVISORS
TOWNSHIP
For the purposes of this ordinance, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
A system of coaxial cables or other electrical conductors
and equipment used or to be used primarily to receive television and/or
radio signals directly or indirectly off the air and transmit them
to subscribers for a fee and/or to provide other lawful services to
subscribers for a fee through facilities as herein contemplated.
The party to which a permit and franchise is granted by this
ordinance, as well as any lawful successor or assignee of said "grantee."
Any and all compensation, fees, charges or receipts obtained
from and as a result of the operation of the cable system by the grantee,
except that said term shall not include:
The amount of any refunds, credits or other
payments made to subscribers or users.
Any taxes on services furnished by the grantee,
imposed directly or indirectly on any subscriber or user by any municipal
corporation, political subdivision, state or other governmental unit
and collected by the grantee for the governmental unit.
Receipts for the sale or transfer of tangible
property.
Receipts for the sale or transfer of the system
or any part thereof.
Receipts by the grantee from subscribers and
other sources outside of the Township of Girard.
Neither the rental charge as set forth in § A202-17 nor any charge presently enacted or to be enacted in the future or any of the above shall operate to discharge the grantee from payment of any tax under the Local Tax Enabling Act or any other legally enacted tax, interest or charge.
No privilege or exemption shall be granted or
conferred by any franchise granted under this ordinance except that
specifically prescribed herein.
Pay television service charges.
All installation charges.
Deposits which are refundable to subscriber.
Advertising expenses as required for promotion
of the service within the community and which are subject to approval
by the Supervisors.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The surface of, and the space above and below, any public
street, road, highway, freeway, right-of-way, easement, alley, court,
sidewalk, parkway, drive or other public property hereafter existing
as such within the Township.
Any person or entity receiving for any purpose the CATV system
services of the grantee herein.
The elected Supervisors of the Township of Girard, Erie County,
Pennsylvania.
The Township of Girard, Erie County, Pennsylvania.
A.
Under the conditions hereinafter set forth in this
ordinance, any nonexclusive franchise granted pursuant to the provisions
of this ordinance shall authorize and permit the grantee to engage
in the business of operating and providing a CATV system within the
Township and, for that purpose, the right and privilege to construct,
erect, operate and maintain in, upon, along, across, above, over and
under the streets, alleys, public ways and public places now laid
out or dedicated and all extensions thereof and additions thereto,
in the Township, poles, wires, cables, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the Township of a CATV system for the interception,
sale and distribution of television and radio signals or other lawful
services by cable to subscribers for a fee, subject to the terms,
conditions and provisions contracted herein.
B.
The right to use and occupy said streets, alleys,
public ways and places for the purposes herein set forth shall not
be exclusive, and the Township reserves the right to grant other uses
of said streets, alleys, public ways and places to any person at any
time.
C.
The Supervisors or their designee shall have the final
control as to whether or not the Supervisors will permit the construction,
erection and/or replacement of poles, wires, cables, underground conduits,
manholes, television conductors, fixtures and all other equipment
and items used by grantee upon, along, across, above, over and under
the streets, alleys, public ways and public places. The location and
installation of all such items, apparatus and appurtenances hereunder
shall be subject to the final approval of the supervisors and their
designee.
D.
The grantee shall have no recourse whatsoever against
the Township for any loss, cost, expense or damage arising out of
any provision or requirement of this ordinance or its enforcement,
other than wrongful termination of a franchise granted hereunder.
E.
The grantee shall be and is hereby subject to all
requirements of Township ordinances heretofore or hereafter enacted.
This franchise relates to the present territorial
limits of the Township and to any area henceforth added thereto during
the term of the franchise. The grantee shall not be required to extend
service, however, other than as provided in the contract contemplated
hereunder.
A.
In the event of an emergency or disaster, the grantee
shall, upon request of the Supervisors and/or their designee, make
available its facilities to the Township at no cost for emergency
use during the period of such emergency or disaster and shall provide
at no cost such personnel as necessary to properly operate under the
circumstances.
B.
The grantee shall provide one outlet to each municipally
owned building, fire station, police station and public or private
school that is passed by its cable. Said outlets shall be conventional
viewing outlets of the type supplied to subscribers and shall be supplied
without installation charges or monthly service charge. If more than
one outlet is requested at any of said locations, the grantee shall
install same at the cost of time and materials only and without any
service charge.
C.
The Township shall have the right, at its own cost,
to make attachments to facilities owned by the grantee in connection
with its fire or police signal systems or other Township use, such
attachments to be installed and maintained in accordance with the
requirements of the applicable electrical codes and only after written
notice to the grantee. There shall be no monthly service charge at
such locations. The grantee shall assume no liability or expense in
connection with the Township's use of the grantee's facilities, and
the Township's use thereof shall be in such a manner as not to unreasonably
interfere with the cable television operations of the grantee, except
in cases of emergency.
D.
The Township, in its use and maintenance of such wires
and fixtures installed for fire and police signal systems, shall at
all times comply with all the technical specifications and the rules
and regulations of the grantee in order that there be a minimum danger
of contact or conflict between the wires and fixtures of the grantee
and the wires and fixtures used by the Township. Any adjustments of
equipment or fixtures made by the Township must be compatible with
the system.
A.
All transmission and distribution structures, lines
and equipment erected by the grantee within the Township shall be
so located as to cause minimum interference with the proper use of
streets, alleys and other public ways and places.
B.
In case of disturbance of any street, sidewalk, alley,
public way or paved area, the grantee shall obtain all necessary permits
applicable and, at its own cost and expense, replace and restore such
street, sidewalk, alley, public way or paved area in accordance with
all Township codes, regulations and ordinances and in a condition
commensurate with the present zoning requirements and specifications
for that type of street, alley or sidewalk and under and subject to
the final approval of the Supervisors. The grantee shall maintain,
repair and keep in good condition for a period of one year following
such disturbance all portions of any sidewalk, street, alley, public
way or paved area disturbed by it or its agents, provided that such
maintenance and repair shall be made necessary because of defective
workmanship or materials supplied by the grantee.
C.
If at any time during the period of this franchise
the Township shall lawfully elect to alter or change the grade of
any street, sidewalk, alley or other public way, the grantee, upon
reasonable notice by the Township, shall remove, relay and relocate
its poles, wires, cables, underground conduits, manholes, other fixtures
and equipment at its own expense.
D.
Any poles or other fixtures placed in any public way
by the grantee shall be placed in such manner as not to interfere
with the usual travel on such public way.
E.
The grantee shall, on the request of any person holding
a building or moving permit issued by the Township, temporarily move,
raise or lower its wires to permit the erection or moving of buildings.
The expense of such temporary removal or raising or lowering of wires
shall be paid by the persons requesting the same, and the grantee
shall be given not less than 48 hours' advance notice to arrange for
such temporary wire changes. Nothing herein shall limit the right
of the grantee to seek reimbursement from persons who damage or destroy
its facilities.
F.
The grantee, after notice and written approval of
the Supervisors, shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public ways and places of the Township
so as to prevent the branches of such trees from coming in contact
with the wires and cables of the grantee. All necessary permits shall
be first obtained before any repairs and maintenance.
It shall be lawful for the grantee, after public
hearing by the Supervisors in relation to rates, services, conditions
and the like, to provide pay television or Home Box Office or similar
services as an option to its subscribers through the use of the system.
A.
The grantee shall:
(1)
Produce a picture, whether in black and white or in
color, that is undistorted, free from ghost images and accompanied
with proper sound on typical standard production television sets in
good repair and as good as the state of the art allows. The grantee
shall comply with the requirements of 76.605 and 76.605a of the Federal
Communications Commission Standards, effective March 31, 1977, and
all other rules of the Federal Communications Commission to the extent
said provisions are applicable to the grantee's system.
(2)
Transmit signals of adequate strength to produce good
pictures with good sound at all outlets without causing cross modulation
in the cables and/or interference with other electrical or electronic
systems.
(3)
Limit failures to a minimum by locating and correcting
malfunctions promptly.
(4)
Reasonably demonstrate by instruments and otherwise
to subscribers that a signal of adequate strength and quality is being
delivered.
B.
Notwithstanding the above requirements, the grantee
shall not be responsible for picture and/or sound deficiencies which
relate to the receipt of inadequate signals at its towers or other
shortcomings outside of its control.
C.
Grantee shall, at all times during the term of any
franchise granted under this ordinance, at its own cost and expense,
properly and in good workmanlike manner install and maintain adequate
shielding, filtering and grounding at affected installations within
the CATV system to eliminate television interference encountered from
outside sources.
The grantee shall render efficient service,
make repairs immediately and interrupt service only for good cause
and for no longer than 24 hours. If the interruption is longer than
24 hours, public notice shall be given in a publicly circulated daily
newspaper.
The grantee shall not, as to maximum allowable
rates or charges, service, service facilities or rules and regulations,
make or grant any undue preference or advantage to any person, nor
subject any person to undue prejudice or disadvantage. The provisions
herein providing for school and municipal facilities shall not be
deemed violative of this section.
Upon termination of service to any subscriber,
the grantee shall promptly remove, at no cost, all its facilities
and equipment which relate exclusively to that subscriber from the
premises of such subscriber upon the request of the owner of the premises.
A.
This franchise shall be a privilege to be held in
personal trust by the grantee. This franchise shall not be assigned
or transferred, either in whole or in part, or leased, sublet or mortgaged
in any manner, nor shall title thereto, either legal or equitable,
or any right, interest or property therein pass or vest in any person
either by the act of a grantee or by operation of law, without the
express written consent of the Supervisors. The granting, giving or
waiving of any one or more of such consents shall not render unnecessary
any subsequent consent or consents.
B.
The consent or approval of the supervisors to any
assignment, lease, transfer sublease or mortgage of the franchise
shall not constitute waiver or release of the rights of the Township
in and to the streets.
C.
Prior approval of the Supervisors shall be required
where ownership or control of more than 10% of the right of control
of grantee is acquired by a person or group of persons acting in concert,
none of whom already own or control 10% or more of such right of control,
singularly or collectively, at the date the franchise is granted.
By its acceptance of the franchise, a grantee specifically agrees
that any such acquisition occurring without prior approval of the
Supervisors shall constitute a violation of this ordinance by the
grantee.
D.
If at any time during the continuance of this agreement
and/or franchise or any renewal thereof, prefer notice shall be first
given to the Supervisors if there is an attempt to remove or in the
case of judicial seizure or sale of said property of said grantee,
or if grantee shall take an assignment for the benefit of creditors
or application is made for appointment of a receiver for said grantee,
or in the case of petition for adjudication of grantee as a voluntary
or involuntary bankrupt shall be filed, or upon the failure of grantee
to pay any fees due or to keep all the covenants or provisions of
this ordinance, then the ordinance, agreement and contract with the
grantee shall be deemed null and void and all rights thereunder forfeited
by grantee. This section can be waived by the Supervisors if it at
any time interferes with the proper financing of the system.
E.
Should the Supervisors fail to accept said offer to
purchase the grantee's facilities by giving the required notice as
set forth hereinabove, the grantee shall be free to accept the third-party
offer and may transfer its facilities and franchise in accordance
with the terms of said offer, subject to approval of the responsibility
of this transfer by the Supervisors, which approval shall not be unreasonably
withheld. Said purchaser shall hold the facilities and franchise,
subject to all the terms and conditions of this ordinance.
A.
The grantee shall at all times employ the highest
and best accepted standards in the industry and shall install and
maintain its equipment using the highest and best standards in the
industry for preventing failures and accidents which are likely to
cause damage, injuries or nuisances to the public.
B.
The grantee shall install and maintain its wires,
cables, fixtures and other equipment in such a manner that they will
not interfere with any installations of the Township or of a public
utility serving the Township.
C.
The grantee shall see that all structures and all
lines, equipment and connections in, over, under and upon the streets,
sidewalks, alleys and public ways or places of the Township, wherever
situated or located, shall at all times be kept and maintained in
a safe, suitable substantial condition and in good order and repair.
D.
The grantee shall maintain a force of one or more
agents or employees at all times and shall have sufficient employees
to provide safe, adequate and prompt service for its facilities.
E.
The grantee shall, at its own cost and expense, protect,
support, temporarily disconnect, relocate in the same street, alley
or public place or remove from the street, alley or public place any
property of the grantee when required to do so by the Supervisors
by reason of traffic conditions, public safety, street vacation, freeway
and street construction, change or establishment of street grade,
installation of sewers, drains, water pipes, power lines, signal lines
and tracks or any type of structure or improvements by governmental
agencies when acting in a governmental or proprietary capacity, or
other structures or public improvements.
F.
The grantee shall comply with all Township ordinances
and regulations.
Copies of all petitions, applications and formal
communications submitted by the grantee to the Federal Communications
Commission, Securities and Exchange Commission or any other federal
or state regulatory commission or agency having jurisdiction in respect
to any matters affecting CATV operations authorized pursuant to this
franchise shall also be submitted simultaneously to the Supervisors,
provided that the Supervisors make such request to the grantee. Each
party hereto shall promptly supply the other with any complaint, other
than service call requests, received from subscribers relating to
cable television service within the Township of Girard during the
term of this franchise. The Supervisors shall have the authority to
receive all complaints regarding the CATV system and its services.
A.
This franchise and the rights, privileges and authority
hereby granted shall take effect and be in force from and after final
passage hereof as provided by law and shall continue in force and
effect for a term of 10 years, provided that concurrently with the
signing of this ordinance, a contract shall be signed between the
parties wherein the grantee shall promise to comply with and abide
by all provisions, terms and conditions of this ordinance. Such acceptance
and promise shall be in the form of a contract between the Township
and the grantee and shall be in writing, duly executed and sworn to
by or on behalf of the grantee before a notary public or other officer
authorized by law to administer oaths.
B.
Should the grantee fail to comply with Subsection A above, it shall acquire no rights, privileges or authority whatever under this franchise.
C.
Supervisors may at any time establish a review committee made up of interested citizens and Supervisors to review the performance of the grantee in relation to this franchise. After it is found by the Supervisors that the grantee has not complied with the terms of this agreement, the Township shall notify the grantee and take the proper steps for correction as provided in § A202-19 of this ordinance.
A.
The following rates and charges are hereby authorized
for service to single-family residences within the Township of Girard
under this franchise and shall not be changed by the grantee without
prior approval by the Supervisors:
(1)
Initial tap-in and connection charges shall not exceed
$15 per single-family residence.
(2)
Monthly and seasonal rates shall be established in
the contract.
(3)
Additional connections for single-family residences
shall be an installation fee at the rate of $8.50 plus a service charge
of $1.50 per month. However, if said additional connections are made
at the time of initial tap-in, no additional fee should be charged.
B.
The rates applicable to establishments other than
single-family residences shall be filed with the Township but shall
be subject to approval by the Supervisors.
C.
If in the future the State of Pennsylvania or any
federal agency regulates the rates of the grantee for the service
provided for in this franchise, this section shall be of no effect
during such state or federal regulation to the extent of any conflict
therewith.
D.
No increases in rates charged to subscribers shall
be made except after a public proceeding affording due process and
written authorization from the Supervisors.
During the term of this franchise and any extension
thereof, the grantee shall pay to the Township a percentage of the
annual gross operating revenue as determined by the Township; provided,
however, that the percentage shall not exceed that allowable by federal
regulations. Payment shall be made on a quarterly basis, that is,
March 31, June 30, October 31 and December 31. Time shall be of the
essence in regard to all payments to be made by grantee. If such payments
shall not be made on time, grantee shall be deemed in default of this
ordinance and contract with the Township. The Township has the right
to inspect the books and financial statements of the grantee to determine
the accuracy of the payments.
A.
The grantee shall, at all times during the term of
this franchise, comply with all applicable rules and regulations of
the Federal Communications Commission and other federal and/or state
authorities which may have jurisdiction over the grantee's facilities.
B.
Each grantee shall be prepared to show, on request
of the Township, that the grantee's system does, in fact, comply with
the rules of the Federal Communications Commission and does comply
and has been designed, installed and operated in a manner that fully
complies with the provisions and technical standards of the Federal
Communications Commission.
A.
In addition to all the rights and powers reserved
or pertaining to the Township, the Township reserves, as an additional
and as a separate and distinct power, the right to terminate this
franchise and all rights and privileges of the grantee herein in any
of the following events or for any of the following reasons:
(1)
If the grantee shall, by act or omission, violate
any term or condition of this ordinance and shall, within 30 days
following written demand by the Township to effect compliance, fail
to bring its activities into compliance; and/or
(2)
If a grantee attempts or does practice any fraud or
deceit in its conduct or relations under the franchise with the Township
or subscribers or potential subscribers; this clause shall indemnify
and save all harmless to the Township.
B.
No termination shall be effective unless or until
the Supervisors shall have adopted a resolution setting forth the
causes and reasons for the termination and the effective date thereof.
Such a resolution shall not be adopted without 30 days' prior notice
thereof to the grantee and an opportunity for the grantee to be heard
upon the proposed action of said resolution. After the above-mentioned
hearing, the Supervisors' findings of fact and revocation shall be
conclusive and binding for all purposes.
C.
The grantee shall not be declared in default or be
subject to any sanction under any provision of this resolution in
any case in which performance of any such provision is prevented for
reasons beyond its control.
D.
In the event that the use of any part or all of the
CATV system is discontinued for any reason for a continuing period
of six months, or in the event such system or property has been installed
in any street or public place without complying with the requirements
of this franchise, or the franchise has been terminated, cancelled
or expired, the grantee shall promptly, upon being given notice, remove
from the streets, alleys, public ways and public places all such property
and poles of such system other than any which the Township may permit
to be abandoned in such place and shall also remove house distribution
cables and connections. In the event of such removal, the grantee
shall promptly restore the street or any other area from which such
property has been removed to a condition satisfactory to the Supervisors
or the homeowner.
A.
Immediately upon the granting of the franchise and
at all times during the term of the franchise, grantee shall obtain,
pay all premiums for and file with the Supervisors executed duplicate
copies and receipts evidencing the payment of premiums for the following:
(1)
A general comprehensive public liability insurance
policy indemnifying defending and saving harmless the Township, its
officers, boards, commissions, agents or employees from any and all
claims by any person whatsoever on account of injury to or death of
a person or persons occasioned by the operations of a grantee under
the franchise herein granted or alleged to have been so caused or
occurred, with a minimum liability of $500,000 per personal injury
or death of any one person and $1,000,000 for personal injury or death
of any two or more persons in any one occurrence.
(2)
Property damage insurance indemnifying, defending
and saving harmless the Township, its officers, boards, commissions,
agents and employees from and against all claims by any person whatsoever
for property damage occasioned by the operations of grantee under
the franchise herein granted or alleged to have been so caused or
occurred, with a minimum liability of $250,000 for property damage
to any one person and $500,000 for property damage to two or more
persons in any one occurrence.
B.
Such insurance as provided for in this section shall
be kept in full force and effect by a grantee during the existence
of and until after the removal of all poles, wires, cables, underground
conduits, manholes and other conductors and fixtures incident to the
maintenance and operation of the CATV system as defined in the franchise.
C.
All of the foregoing insurance contracts shall be
in form satisfactory to the Solicitor and shall be issued and maintained
by companies authorized to do business in the Commonwealth of Pennsylvania,
and they shall require 30 days' written notice of any cancellation
to both the Township and a grantee herein, and copies of said policies
shall be filed with the Township.
D.
The Township of Girard shall be listed as a named
insured on all insurance policies as set forth above.
A.
The Township may require, at its sole discretion, from a grantee to whom the franchise created by this ordinance shall be awarded, within 10 days after the franchise becomes operative, executed to the Township of Girard, with good and sufficient securities, a bond to be approved by the Supervisors in the sum of $10,000, conditioned upon the faithful performance and discharge of the obligations imposed by § A202-6 of the ordinance from the date thereof, and which shall remain in force and effect during the life of this franchise.
B.
A grantee shall pay all premiums chargeable for the
bond and shall keep the same in force and effect at all times throughout
the term of the franchise, including the removal of all poles, wires,
cables, underground conduits, manholes and other conductors and fixtures
incident to the maintenance and operation of the CATV system as defined
in the franchise.
C.
The bond shall contain a provision that it shall not
be terminated or otherwise allowed to expire prior to 30 days after
written notice to that effect is given to the Township and a grantee
herein.
D.
The bond shall be in a form satisfactory to the Solicitor
and a duplicate copy of it, along with written evidence of payment
of the required premiums, shall be filed with the Township during
the term of the franchise.
A.
Grantee shall and does agree to indemnify and hold
harmless the Township, it officers, boards, commissions, agents, servants
and/or employees for and in respect of any and all damages, losses,
obligations liabilities, claims, deficiencies, costs and expenses,
including but not limited to reasonable attorney's fees and other
costs and expenses, incident to any suit, action, investigation, claim
or proceeding whatsoever on account of injury to or the death of a
person or persons or property damages occasioned by the operations
of grantee under the franchise herein granted or alleged to have been
so caused. Without limiting the generality of the foregoing, the beforementioned
indemnity and hold-harmless agreement is to inure to the benefit of
the Township, its officers, boards, commissions, agents, servants
and/or employees suffered, sustained, incurred or required to be paid
by the Township as a result of the installation, maintenance, operation,
repairs and all activities of grantee pursuant to the franchise agreement
and contract with the Township in regard to the coaxial system and
its operation.
B.
If the Township shall receive notice of any claim
or alleged claim asserting the existence of a liability or obligation
as to which the Township may be indemnified hereunder, the Township
shall promptly notify the grantee of said claim or alleged claim.
With respect to any suit, action, investigation, claim or proceeding
for which indemnification is claimed by the Township, the grantee
shall immediately defend, contest, settle, compromise or otherwise
protect the Township against any such suit, action, investigation,
claim or proceeding at the grantee's own cost and expense.
C.
The Township shall have the right, but not the obligation,
to participate at its own expense in a defense by counsel of its own
choosing. If the grantee requests that the Township participate in
a defense of a claim and if the Township so elects, the grantee shall
reimburse the Township for its expense of providing assistance at
its request, including but not limited to reasonable attorney's fees
and investigation expenses. In the event that the grantee shall fail
timely to defend, contest or otherwise protect against any suit, action,
investigation, claim or proceeding, the Township shall have the right,
but not the obligation, to defend, contest or otherwise protect against
the same and make any compromise or settlement thereof and recover
the entire cost thereof from the grantee, including but not necessarily
limited to reasonable attorney's fees, disbursements and all amounts
paid as a result of such suit, action, investigation, claim or proceeding
or the compromise or settlement thereof.
D.
In addition to and without limiting the generality
of the foregoing indemnity agreement, said indemnity agreement shall
specifically be applicable to any claim of copyright or patent infringement.
This indemnity agreement shall be binding and in full force and effect
during the existence of and until the removal of all poles, wires,
cables, underground conduits, manholes, conductors, fixtures, equipment
and the like incident to the maintenance and operation of the CATV
system as defined in this franchise and/or during the statute of limitations
within which a person must bring a cause of action against the Township,
whichever time is greater.
Grantee shall immediately adopt procedures for
the investigation and resolution of all complaints regarding cable
television operations and shall maintain a local business office or
agent for that purpose. The Township will have the primary responsibility
for the continuing administration of the franchise and implementation
of complaint procedures. The grantee shall see that notice of the
procedures for reporting and resolving complaints will be given to
each subscriber at the time of the initial subscription to the cable
system.
The grantee's legal character, financial, technical
and other qualifications and the adequacy and feasibility of its constructions
and arrangements must be approved by the Township prior to the consummation
of a contract or agreement with the grantee.
Upon failure of the grantee to complete any
work required by law or by the provisions of this ordinance to be
done in any street within the time prescribed and to the satisfaction
of the Township, the Township may cause such work to be done and the
grantee shall pay to the Township the cost thereof in the itemized
amounts reported by the Township to the grantee within 30 days after
receipt of such itemized report.
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 holding shall not affect the validity of the remaining portions
hereof.
