[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 4-20-1965 as Ord. No. 138, approved 4-20-1965. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Matamoras Community Television Antenna Franchise Ordinance."
As used in this ordinance, the following terms shall have the meanings indicated:
- The Borough of Matamoras, Pike County, Pennsylvania.
- COMMUNITY ANTENNA SYSTEM
- An arrangement or combination of apparatus whereby television signals broadcast over the air are received at one (1) or more towers, antennas or other devices from television stations licensed by the Federal Communications Commission and which for a consideration are transmitted by means of a coaxial cable or other suitable device to television receiving sets or subscribers to such service.
- Matamoras Video Cable, Inc., the grantee of rights under this franchise.
- The Borough Council of the Borough of Matamoras, Pike County, Pennsylvania.
- PERSON AND APPLICANT
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- Include all public streets, ways, alleys and parkways owned by the Borough of Matamoras.
There is hereby granted by the borough to the company an exclusive franchise to construct and use poles, wires, conduits and appurtenances under, along, across or upon any or all public streets, ways, alleys or parkways, as the same now or may hereafter exist within the Borough of Matamoras, and within the boundaries of the said Borough of Matamoras, as the same may hereafter be extended, for transmitting and distributing electricity and electrical impulses and signals for television purposes, namely, to produce reproduction of sights and sounds in combination to the residents of the Borough of Matamoras, upon the terms and conditions and subject to the limitations herein set forth.
Upon the annexation of any territory to the borough, the portion of any said utility that may be located or operated within said territory, upon the streets, alleys or public ways thereof, shall thereafter be subject to all the terms of this franchise as though it were an extension made thereunder.
The company shall at all times during the life of this franchise be subject to all lawful exercise of the police power by the borough and to such reasonable regulations as the borough shall hereafter by resolution or ordinance provide.
The company shall indemnify and save the borough and its agents and employees harmless from all and any claims for personal injuries or property damages and 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 company's television antenna system or any equipment of the company. In case suit shall be filed against the borough, either independently or jointly with said company, to recover for any said claim or damages, said company, upon notice to it by said borough, shall defend said borough and its agents and employees against said action, and, in the event of a final judgment's being obtained against said borough, either independently or jointly with said company, the said company will pay said judgment and all costs and hold the borough harmless therefrom. For this purpose the company shall carry and at all times maintain on file with the Secretary of the Borough of Matamoras, and at all times keep in force, a public liability policy or policies in, the name of the company and the borough as their respective interests may appear, insuring the company 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 Solicitor of the borough. Such liability policy or policies shall be in the sum of twenty-five thousand dollars ($25,000.) for damage to property in any one (1) accident, not less than fifty thousand dollars ($50,000.) for injury or death to any one (1) person and not less than the sum of two hundred thousand dollars ($200,000.) for death or injury to all persons affected by any one (1) accident. Such policies of insurance shall be issued by a company licensed to do business in the Commonwealth of Pennsylvania. The company shall also carry workmen's compensation coverage for all of its employees subject to such coverage and shall submit to the Secretary of the borough a certificate of insurance showing that workmen's compensation coverage is in effect.
The company shall annually pay a rental fee to the borough during the life of this franchise. Said rental fee shall be two percent (2%) of the gross annual receipts of the company arising from rentals only within the borough. Said rental fee shall be for the privilege of using the streets and alleys of the borough for the operation of its system. The rental fee shall be due and payable on the first day of April of each and every year hereafter.
The company shall, during the continuance of this franchise, provide facilities and service sufficient to meet the needs of the public welfare and shall maintain its facilities and service up-to-date and in keeping with technical progress. The company shall maintain and operate its system and render efficient service on a minimum of seven (7) television channels and in accordance with rules and regulations as are, or in the future may be, set forth by the Borough Council of the borough. The system shall be installed and maintained in accordance with good engineering practices, and any spurious electromagnetic radiation must fall within the limits specified by the Federal Communications Commission. All construction must be done in a good and workmanlike manner, free of obvious defects which may be a hazard to life and limb and in conformance with the standards as set forth in the National Electric Safety Code.
Notice of interruption for repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the company shall do so at such times as shall cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.
Continuous service. The company's service shall be continuous daily during the regular telecast operating hours of the stations whose television broadcasts are being transmitted.
Nondiscrimination of service. The company shall serve any person residing in or owning property in the borough desiring service who shall pay the charges hereafter enumerated and within three (3) months after requesting the same subsequent to October 1, 1966.
Interference. The company shall at all times operate the community antenna system so as not to adversely affect or interfere with existing radio and television reception and shall prevent radiation from the company's cables to antennas located in the borough.
The company shall file a bond running to the borough with at least two (2) good and sufficient sureties to be approved by the Borough Council, or in lieu of two (2) such sureties, a surety company duly authorized to do business and to execute bonds in the Commonwealth of Pennsylvania, in the penal sum of twenty-five thousand dollars ($25,000.), conditioned that the company shall install and provide within the Borough of Matamoras on or before the first day of October, 1966, television distribution cables of not less than ten thousand (10,000) feet in length capable of furnishing first-class service to outlets of not less than seven (7) television channels to adjacent properties, subject, however, to unavoidable accidents, government material restrictions, acts of God and to there being sufficient broadcasts in progress.
The rates charged by the company for service on a minimum of seven (7) television channels hereunder shall be as follows:
Installation charge for first television set, twenty dollars ($20.).
Installation charge for second television set and each additional television set thereafter, ten dollars ($10.).
Installation charge for FM radio with television hookup, ten dollars ($10.).
Monthly rental for first television set, five dollars ($5.).
Monthly rental for each additional television set, two dollars ($2.).
Monthly rental for each FM radio with television hookup, one dollar ($1.).
The company shall not, without permission and approval of the Borough Council, increase rates more than five percent (5%) within any two-year period hereafter.
The sole stockholders of the company are presently Joseph Biondo and Wanda Biondo, his wife, and Herman Cordisco and Millicent M. Cordisco, his wife. The company shall not sell, transfer or assign this franchise, nor shall its stockholders transfer majority ownership of their stock of the said company, unless to an immediate member of their family, without approval of the Borough Council, which said approval will not be unreasonably withheld, provided, further, that no sale or transfer shall be effective until the vendee, assignee or lessee has filed with the Borough Secretary an instrument accepting the terms of the franchise and agreeing to perform all the conditions thereof.
Use. All transmission and distribution structures, lines and equipment erected by the company within the borough shall be located with the approval of the borough Street Committee and shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin the streets, alleys or other public ways and places. The company shall furnish the borough with a map showing the pole line system in sufficient detail to assure the borough of being currently advised as to the location of the cables of the system. It shall be the responsibility of the company to keep the borough advised of any and all changes and additions and removals in the system, except for the individual subscriber's connection wires.
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense and in a manner approved by the borough Street Committee, replace and restore all paving, sidewalks, driveways or surfaces of any street or alley disturbed in as good condition as before said work was commenced, and shall maintain the restoration. in improved condition for one (1) year.
Relocation. In the event that at any time during this franchise the borough shall lawfully elect to alter or change the location or grade of any street, alley or other public way, or if in the opinion of the borough a pole or pole line interferes with the necessary convenience of the borough or a property owner, then, upon reasonable notice by the borough, the company shall remove, relay and relocate its poles, wires and cables or other television fixtures at its own expense.
Placement of fixtures.
It is the policy of the borough and it is understood by the company that where distribution lines are to be installed along any public street the same shall be attached to existing utility poles and not to additional poles placed by the company, and that where poles are to be placed in alleys, the same shall be located on the same side of the alley as existing utility poles. It is understood and agreed that this restriction and limitation shall extend to any and all streets within the limits of the borough, even though some of said streets may be part of the state highway system. Special exception or exceptions may be granted to the company by the Borough Council upon written application to it by the company, but said exceptions shall be for good cause shown and in the sole discretion of the Borough Council.
Before the company sets poles or constructs any structure on borough property, it shall file with the borough detailed specifications showing the exact location, height and dimensions of the poles or structures to be erected. The poles or structures shall not be erected thereafter until such specifications shall be approved in writing by the Street Committee of the borough. All wires, cables and other overhead equipment shall be at such minimum heights as are or may be required of telephone or power lines by the Public Utility Commission of Pennsylvania or the Pennsylvania Department of Highways.
Where the Borough Council of the borough or its Street Committee is uncertain as to the exact location of the limits of the right-of-way of any street or alley, then in its discretion it may require the same be surveyed by a surveyor selected by it, the cost of said surveyor to be paid by the company.
Tree trimming. The company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the borough so as to prevent the branches of such trees from coming in contact with wires and cables of the company, all trimming to be done under the supervision and direction of the borough Tree Committee and at the expense of the company.
Use of poles and fixtures. The company agrees that it will furnish a copy of any contract entered into with the Pike County Light and Power Company and the Delaware Valley Telephone Company, or either of them, for the use of their poles by the company and setting forth the terms, conditions and duration of said contract. The company agrees that the copy of the aforementioned contract will be filed with the Secretary of the borough prior to starting any installation of wires or other facilities on the borough streets under this franchise.
Removal of wires and installation from premises of subscriber. The company shall, on request of any subscriber, promptly remove all wires and installations from the premises of such subscriber.
Removal of wires, poles and installations from borough streets. The company shall remove or cause to be removed from the streets, alleys and public ways of the Borough of Matamoras and from all public property all of the wires, poles and installations of any kind or nature whatsoever which have been installed under the authority of this franchise upon the termination of this franchise, the cessation of operations under this franchise by the company, its successors or assigns, for any reason whatsoever, or the forfeiture of this franchise under the provisions of § A126-17 herein. In order to ensure the performance of this provision and the provisions, terms and conditions of this ordinance, the company shall post an adequate performance bond and continue the same in effect during the term of this franchise, said bond to be in the amount of five thousand dollars ($5,000.), in favor of the borough and with surety or sureties thereon to be approved by the borough, the bond to be approved as to form by the Borough Solicitor.
For the purpose of administering this ordinance, the company shall:
Keep and render its books and records in a manner which will permit the drawing off of a detailed financial statement therefrom, clearly disclosing the amount of rentals received by the company in arriving at the determination of the gross receipts rental, as heretofore set forth.
Within sixty (60) days after the close of its annual fiscal year, the company shall file with the borough a verified statement of the income received from rentals in the borough for the preceding fiscal year. The fiscal year of the company shall be December 31st and shall not be changed without the approval of the Borough Council.
The Borough Council and its Treasurer, Solicitor, auditors or accountant shall have the right at reasonable times to inspect the books and records of the company for the purpose of verifying the statement of rentals received.
The franchise and rights herein granted shall take effect upon the effective date of this ordinance and upon the filing and acceptance of the terms of this franchise by the company with the Secretary of the Borough Council and shall continue in full force for a term of ninety-nine (99) years from the date of the filing of said acceptance, except as herein otherwise provided, provided that if the acceptance is not filed in accordance with the provisions of § A126-20 herein or if the system authorized hereunder is not completed and service begun by October 1, 1966, the provisions of this franchise shall be null and void.
The company shall assume the cost of publication of this ordinance as such publication is required by law. A bill for publication costs shall be presented to the company by the Secretary of the borough and upon the company's filing of acceptance shall be paid at that time.
The Borough Council may at any time declare a forfeiture of this grant for violation or default by the company of any of the terms thereof, provided that none of the terms of this grant shall be deemed to be violated so as to permit such forfeiture unless the company shall first be given notice by the borough of such violation or default and of the attempt to declare a forfeiture, and thereafter if such violation or default shall continue for a period of more than ninety (90) days all the rights and privileges of said company under the provisions of this ordinance may be forthwith declared forfeited and revoked. If any action shall be instituted or prosecuted, directly or indirectly, by the company or by its stockholders or creditors, to set aside or have declared void any terms of this grant, the whole of this grant may be thereupon forfeited and annulled at the option of the Borough Council, to be expressed by ordinance; provided, however, that the company shall not be deemed to be in default for performance of any provision of this grant, nor shall any forfeiture be invoked for any violation or failure to perform any provision hereof, due to strikes, lockouts, insurrections, acts of God or any cause beyond the control of the company.
Whenever by the terms of this ordinance notice is required to be given by the borough to the company, it may be given by leaving a paper writing thereof during the ordinary business hours at the principal office of the company in the borough. Whenever the company is required to give notice to the borough it shall do so by leaving a paper writing thereof at the office of the Secretary of the Borough Council during ordinary business hours.
The company will hold the borough harmless from the alleged violation of any utility franchises previously granted by the borough. The granting of a franchise under this ordinance shall not be construed as any undertaking or guaranty of the efficiency of the company or maintenance of the service of company. The borough assumes no responsibility for the acts or omissions of the company other than to require compliance with this ordinance.
Should any section or part of any section of this ordinance for any reason be declared void or invalid, the remainder of said ordinance shall not be affected thereby.
This grant is made upon the express condition that the company within ten (10) days after this ordinance takes effect and becomes operative shall file with the Borough Secretary of the borough a written acceptance of the same. When this ordinance shall have been accepted by the company, such ordinance and acceptance shall constitute a contract between the borough and the company for all the uses, services and purposes set forth in this ordinance. The company by its acceptance of the provisions of this ordinance binds itself to provide the necessary television antenna system and to establish, operate and maintain the local television antenna system contemplated in this ordinance, continuing without substantial interruption, except for causes beyond its control, until the expiration of the term of this grant. In the event that said company fails to file said written acceptance within the time hereinbefore specified, this grant, together with any rights or liabilities arising out of the proposal heretofore made for the furnishing of an adequate television antenna system for the benefit of inhabitants of said borough and the acceptance of such proposal by the borough, shall be of no effect and void.