ORDINANCE NO.16

AN ORDINANCE OF THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND COMMONWEALTH OF PENNSYLVANIA, PROVIDING FOR THE ESTABLISHMENT OF A CABLE COMMUNICATIONS SYSTEM, THE RECEPTION OF TELEVISION AND RADIO SIGNALS WITHIN THE LIMITS OF THE TOWNSHIP OF PINE, 

COUNTY OF INDIANA AND COMMONWEALTH OF PENNSYLVANIA

BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Pine, County of Indiana and Commonwealth of Pennsylvania, as follows:

Section 1 - Grant of Authority:  There is hereby granted by the Township of Pine to Hidden Valley Cable TV and Eastern Telecom Corporation 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 of Pine such poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Township of Pine of a community television system for the inter¬ception, sale and distribution of television and radio signals; provided, however, that the said Hidden Valley Cable TV and Eastern Telecom Corporation shall not erect any poles unless absolutely necessary and only with the permission of the Township of Pine and located at the Township of Pine's direction.

The right to use and occupy said streets, alleys public ways and places for the purposes herein set forth shall not be exclusive. The Township of Pine reserves the right to grant a similar use of said streets, alleys, public ways and places to any person or corporation at any time during the term of this franchise.

Section 2 - Supervisors Authorized to Enter Into Agreement; Supervisors of the Township of Pine are hereby empowered and authorized to enter into an agreement with Hidden Valley Cable TV and Eastern Telecom Corporation for the purpose of carrying out the purposes of the above granted franchise.

Section 3 - Term of Franchise: The term of this franchise shall be for a period of ten years together with an option for an additional five years.

Section 4 - Rights or Interests: The rights or interests not held by the Township of Pine not granted.  The Township of Pine, by this Ordinance and the Agreement entered into pursuant hereto shall not purport to grant unto Hidden Valley Cable TV and Eastern Telecom Corporation any rights or interests not presently held by the Township of Pine.

Section 5 - Payment to the Township of Pine: Hidden Valley able TV and Eastern Telecom Corporation shall pay the Township of Pine for the privilege of operating a cable communications system under these franchises a sum equal to 5% of the annual gross operating revenues from basic service charges in accordance with the agreement to be executed by the Township of Pine and Hidden Valley Cable TV and Eastern Telecom Corporation.

Section 6:  If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance.

Section 7:  This Ordinance shall become effective upon adoption.

ORDAINED AND ENACTED this 7TH DAY MAY, 1984.

Attest:  Kathryn A. MalenichSteve Beilchick

   Sam Mariskanish

   David L. Beatty

ORDINANCE NO 16A

AN ORDINANCE AMENDING ORDINANCE NUMBER 16 OF THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND COMMONWEALTH OF PENNSYLVANIA.

PROVIDING FOR THE ESTABLISHMENT OF A CABLE COMMUNICATION SYSTEM.

BE IT ORDAINED AND ENACTED by the Township of Pine, and it is hereby ordained and enacted as follows:

Section 5 of Township Ordinance No. 16 of the Township of Pine, is hereby amended to read as follows:

Section 5 - Payment to the Township of Pine: Hidden Valley Cable TV and Eastern Telecom Corporation shall pay the Township of Pine for the privilege of operating a cable communications system under these franchises a sum equal to 3% of the annual gross operating revenues from basic service charges in accordance with an agreement to be executed by the Township of Pine and Hidden Valley Cable TV and Eastern Telecom Corporation. In all other respects, Ordinance No. 16 shall remain as heretofore enacted.

This amendment shall take effect immediately.

ORDAINED AND ENACTED this 14th day of May 1984.

Steve Beilchick

Sam Mariskanish

David L. Beatty

Attest:  Kathryn A. Malenich