PUBLIC NOTICE N O T I C E Notice is hereby given that at its regular meeting on March 11, 2013 beginning at 6:30 p.m. at the Saegertown Borough Building located at 603 Erie Street, Saegertown, Pennsylvania, Saegertown Borough Council will consider enactment of an ordinance, published in its entirety below. BOROUGH OF SAEGERTOWN, CRAWFORD COUNTY ORDINANCE NO. ________ AN ORDINANCE OF THE BOROUGH OF SAEGERTOWN, CRAWFORD COUNTY, PENNSYLVANIA, AUTHORIZING EXECUTION OF A CABLE FRANCISE AGREEMENT BETWEEN THE BOROUGH AND ARMSTRONG UTILITIES, INC. WHEREAS, pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, the regulations of the Federal Communications Commission and Pennsylvania law, the Borough of Saegertown (hereinafter the "Borough") is authorized to grant franchises to construct, operate and maintain a cable system utilizing public rights-of-way and properties within the Borough's jurisdiction; and WHEREAS, Armstrong Utilities, Inc. ("Armstrong") currently holds a cable franchise from the Borough originally granted to Armstrong or a predecessor of Armstrong; and WHEREAS, Armstrong has requested that the Borough renew Armstrong's franchise to maintain, construct, operate, and upgrade its Cable System over, under and along the aforesaid rights-of-way for use by the Borough's residents; and WHEREAS, the aforesaid rights-of-way used by Armstrong are public properties acquired and maintained by the Borough and held in trust on behalf of citizens of the Borough and the right to use said rights-of-way is a valuable property right; and WHEREAS, the Borough desires to protect and manage the aforesaid rights-of-way, require high standards of customer service, ensure future technical improvements to maintain a technologically-advanced cable system, establish certain reporting requirements, obtain certain complimentary services, receive franchise fees for Armstrong's use of the Borough's rights-of-way as provided by federal law, establish certain reporting requirements and provide for the current and future cable-related needs of its residents; and WHEREAS, the Borough held a public hearing on the subject of cable franchise renewal, including reviewing the cable operator's past performance and identifying the Borough's future cable-related community needs; and WHEREAS, the Borough has determined that Armstrong has the financial, legal and technical ability to provide cable services to subscribers located in the Borough; and WHEREAS, the Borough, after affording the public notice and opportunity for comment, has determined that the public interest would be served by renewing Armstrongs franchise according to the terms and conditions contained in the cable franchise agreement negotiated between the Borough and Armstrong. NOW THEREFORE, BE IT ORDAINED AND ENACTED and it is hereby ordained and enacted by the Council of the Borough of Saegertown, Crawford County, Pennsylvania, as follows: Section 1. The Borough Council does hereby approve the cable franchise agreement negotiated with Armstrong, including all of the terms and conditions contained therein, and does hereby authorize its president and secretary to execute such agreement. Section 2. The term of the cable franchise agreement negotiated with Armstrong shall commence in 2013, become effective as of the date of its execution or such other date as provided for therein, and shall continue for the term set forth therein. Section 3. 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. It is hereby declared as the intent of the Council of the Borough of Saegertown that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein. Section 4. This Ordinance shall take effect and be in force after its enactment by the Council of the Borough of Saegertown at the earliest date permitted by law. ORDAINED and ENACTED this _____ day of ___, 2013, by the Borough of Saegertown ATTEST: Tammy Bidwell, Borough Secretary BOROUGH OF SAEGERTOWN Lenny Stites, Council President APPROVAL BY MAYOR: The foregoing Ordinance is hereby approved this ____ day of ____, 2013.David Myers, Mayor 02/27/13
↧