} PAGE EIGHTEEN ; some is hereby given that Letters | Testamentary have been granted in the Estate of Mildred Cooke Davis, a/k/a Mildred Davis, late of Nan- . ticoke City, Pa., who died August 21, 1978 to Barbara Cooke Anthony, 101 Fair Road, Sheatown, Nanticoke, Pennsylvania. All persons indebted to said Estate will make payment ~ and those having claims present the same without delay to the above named Executrix. 34-3 NOTICE TO BID Sealed Bid Proposals for Kingston Township Community Park, Shaver- town, Pennsylvania, will be received by: VISORS 11 CARVERTON ROAD TRUCKSVILLE, PENNA. 18708 until 4:30 PM prevailing local time, October 11, 1978, at which time bids will be publicly opened and read for the following Children’s Playground ~ Equipment: (1) ea. Mexico Forge No. 681-100 or equal, 12 Sand Box We aye, Mexico Forge No. 400-554 or equal; 4-Unit See-Saw (8 Seats) (2) ea. Mexico Forge No. 1003-600 or equal, [xtra Heavy Duty Swing, 3 Unit, 10 High (1) ea. Mexico Forge No. 712-000 or equal, 12’ Heavy Duty Slide (1) ea. Mexico Forge No. 690-000 or equal, 9°6"" Igloo | (1) ea. Mexico Forge No. 640-000 | | or equal Top of the World Climber | (1) ea. Mexico Forge No. 961-050 or equal Volleyball Posts and Net +1) .ea. Patterson-Williams No. 1204 or equal Portable Baseball Hooded Backstop-Standard 17-one half feet high, 34” Wide Catalog Cuts or Shop Drawings are required. ‘Bids must be accompanied by a Certified Check or Bid Bond, in the amount ‘of 10 percent of the bid, made payable fo the Municipality. The Municipality reserves the right to reject any or all bids. For the Board of Supervisors of Kingston Township &* PUBLIC NOTICE The Kingston Township Zoning Hearing. Board will hold a Public Hearing on Thursday Evening, Oc- tober 19, 1978, to hear the request of Dr. Nirode Das, for a Special Ex- ception, to construct an Apartment over his Office, as a concomittant use on Church Road, Trucksville, Pa, The Meeting will be held at 8:00 PM in the Municipal Building, 11 Carverton Road, Trucksville, Pa. 36-2 Notice is hereby given that the following amendment to the Traffic Ordinance will be considered for adoption by the Council of the Borough of Harveys Lake at its regular meeting to be held 8:00 PM on October 5, 1978 in the Daniel C. Roberts Fire Company Building, Lakeside Drive, Harveys Lake, Pa.: An amendment to the Vehicle and Traffic Ordinance of the Borough of Harveys Loke lowering the speed limit on a certain street in said Borough and othér provision relating thereto. Be it ordained and it is hereby or- dained as follows: 1. Old Lake Road from an area of Puterbaughs Store to Pa. Route 415 is hereby declared a conjested area and the maximum speed on said road shall be 20 miles per hour. 2. Signs relative to said speed limit, as well as signs proclaiming the road as a conjested area and restricted to local traffic only shall be posted as required in said ordinance. 3. All ordinaces, or parts of or- dinaces, inconsistant herewith be and the same are hereby repealed. 4. This ordinance shall take effect upon publication and formal passage. Adopted this day of y 1978 at a regular meeting of the Council of the Borough of Harveys NOTICE IS HEREBY GIVEN TO MILLIE LEVI, HER UNKNOWN HEIRS, PERSONAL REPRESENTATIVES, DEVISEES, ASSIGNS AND ANY AND ALL OTHER PERSONS HAVING AN INTEREST IN SAID PROPERTY, that on September 19, 1978 Leon Levene and Gustave Levene commenced an action against you to No. 9044 of 1978 in the Court of Common Pleas of Luzerne County, Pennsylvania, which you are required to defend, to quiet title to lands described as follows: BEGINNING at a corner on Northampton Street of land now or late of Frederick Pickett; THENCE in the southwesterly direction along the line of said Picketts land two hundred and three feet to land late or now of L. Hughes, THENCE along the same in a northeasterly direction fifty- seven (57) feet to lands late of said Hughes; THENCE along said lands in a northeasterly direction two hundred and five (205) feet and six (6) inches to Northampton Street aforesaid; THENCE along said street in a southerly direction sixty-three (63) feet to the place of beginning. BEING the same premises devised by Bernard Oppenheimer to Annie Levene and Millie Levi by will probated in the Register of Wills for Luzerne County to No. 441 of 1927 and being known as 313-317 East Northampton Street, City of Wilkes- Barre, Luzerne County, Pennsylvania. The Court has fixed the 23rd day of October, 1978, at 10:00 A.M. in Hearing Room No. 6, Luzerne County Court House, as the time and place for a hearing in said action. You are hereby further notified to appear and defend this action within twenty (20) days from publication hereof. In default of appearance and defense of such action a decree of court may be entered holding that the plaintiffs have a valid and indefeasible title to said premises and tha! you will be enjoined from asserting any right, title or interest in said premises inconsistent with the ownership of the plaintiffs, unless you bring an action of ejectment against the plaintiffs for the recovery of said premises within thirty (30) days from the date of said decree. If you wish to defend, you may enter a written appearance personally or by an attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and judgment may be requested by the plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services of Northeastern Pennsylvania, Inc. 410 Bicentennial Building 15 Public Square Wilkes-Barre, Pennsylvania 18701 (717) 825-8567 or 21 North Church Street Hazleton, Pennsylvania 18201 (717) 455-9511 PATRICK J. FLANNERY, Attorney 323 United Penn Bank Bldg. HARRY'’S SERVICE CENTER Route 6, Tunkhannock Now Has A Complete Line Of UNFINISHED PINE FURNITURE (Finishing Available) Mon. thru Sat., 8 a.m. - 5 p.m. Phone 836-2346 SWITZER-PEARN Like fo meet people? ATTENTION JOIN SINGLES DATING WANTED FOR RENT sven GARAGE SALE CONTRACTORS d have ‘'DATES GALORE!" boy Comfortable room e Collectors SAT. & SUN. PANELING, STORM WINDOWS, oy oe Widow, Widower Person to clean offices in with lotchen All Annual Hummel Plates, including Sept. 30 - Oct. 1 CABINETS, GENERAL REPAIRS 9 Dallas Area after 5 p.m. 2 wt Anniversary, Bells & some Figurines, 235 Ferguson Ave. or Single people may join. h iaht- M hr Fri privileges plus many other collector plates. Shavertown, Pa 693-0672 Write to Singles FS. per yught-Mon. fwy Fit. CENTRAL DALLAS Sept. 30 — 1010 4 lg Box 158, W. Pittston, Pa. Call 675-1131 675-2896 St. Clement's Church a.m. fo 0 p.m. 288-3833 ' 18643 Lockhart St., Entrance, Wilkes-Barre VERY GOOD MERCHANDISE J. Karp & Sons, Inc. eWATER WELL DRILLING oPUMPS & SEPTIC TANKS INSTALLED & SERVICED ‘RD. 1, Factoryville, Pa. 18419 Call after 6 p.m. 836-1317 Michael J. Stanley, Secretary Lake. 36-1 Wilkes-Barre, Pennsylvania 18701 36-1 : & 2 ¥ ROOFS & REPAIRS THI ALUN SIDING MEANS SAVINGS Lor PROMPT SERVICE on STORM DAMAGE & INSURANCE WORK RALPH STOGOSKI & SONS e SIDING © ROOFING e PATIO e GUTTERS & LEADERS ® STORM WINDOWS & DOORS ® SHUTTERS FREE FULLY INSURED DALLAS 6 39- 1 7 62 ESTIMATES EEEEEEEEEERNNAN EAE NENA NENA NE ENN EEE Inflation Investing 0 NE INNES Common stocks catastrophic, to put it mildly. by Ken Adams There is a better way. Successful common stock Thomson, McKinnon Securities Inc. investments should emphasize major corporations: A key - indeed, critical - word in investment companies that are dominant in their respective - management is ‘‘balance”. It applies to the relationship in a portfolio between the safe, fixed income investments on the one hand and the riskier equity oriented commitments on the other. industries. Such names are easy to come by without recourse to hot tips or any other irresponsible sources. We believe new investors should look for companies that : : a have demonstrated an ability to grow not only in the past Private investors about to embark on their first put seem committed to it in the future as well. Dominant investment voyage must have a clear understanding of companies usually pull this off with the greatest ; the rule of balance or the trip may be a short ana consistency. That's why we recommend them for priority disastrous one. Experienced investors who are successful consideration. pever forget ii. : Now for some investment principals to guide the new The unsuccessful ones aren’t around. They never investor through the common stock quagmire. Since remembered it Jong enough to survive. common stocks represent risk investments it makes sense We've spelled out the vital prerequisites to investing. 0 spread the risk, at least a little bit. We've also carefully itemized and otherwise identified the Accordingly, diversify. Plan to own at least six or seven precise nature of fixed income investments and the gifferent common stocks. More, if it makes you more critical role they play in any investment program, large comfortable. or small, new or old. Next, take the long view. Buy for the “pull”. Not for But no investment tale would be complete without a = overnight results. There is no investment law that we careful exploration of the risk or equity side of the know that rules common stock investments must go up ~ portfolio spectrum. It’s in this area where fortunes canbe after each new investment is made. Sometimes they do. made - sadly -- lost. But most of the risk comes from But just as often they go the other way. Temporatily. ignorance rather than the investment itself. That’s where Corporations do not grow overnight. It tends tobe a slow we come in. We’d like to offset a little of the risk with a evolutionary process. So the investment should be little education. “ / expected to behave accordingly. If you key on the good We define equities as investments that involve quality company - like we keep saying — give it time to ownership and all the risks and rewards attendant prove itself. j there to. It can be ownership of a corner filling station, a Thirdly, dollar average your purchases. That means milk cow, or a fast food franchise. It canbe a partnership 04 the same amount of money in the same issues at with some fellow investors in some joint venture. It can regular, or at least irregular, intervals. This process . ~al80 be a common stock. ; J insures your buying more shares at lower prices and Common stocks head the equity popularity list because fewer at higher price tags. It is one of the few magical most of them can be bought and sold with ease, speedand investment processes we know about that always works. ~ minimal expense. They're also easy to follow because And speaking of magic, we know of one other mystical daily price changes are published in visually. every daily process. Compound your investment income and results hewspaper in America. by automatically re-investing all dividends. Chances are, Equity (common stock) investments are made for two as a new investor, you don’t need the income currently so principal reasons. First, the prospect of receiving a good jet the money go back to work without delay. It'll generate dividend -- perhaps even an increasing one over the years. more oncome later on when you do need it -- at retirement And, second, the possibility of price appreciation. Most time, ‘or thereabouts. good common stocks provide both -- at one time or Don’t put all your investment funds in common stocks. another. The bad ones, neither -- most of the time. Keep a portion in safe, fixed income investments. How ~~ Equity (common stock) ownership gets to be tricky and much, like we said before, is up to you. How much risk troublesome because of the selection process. The sheer canyou afford? When periods of business advers ber of issues available for investment so overwhelms along--and they do from tiem to time--a lot oid ¥ investor they start operating <n tips, touts and other they don’t sleep too well at night. If you’ s scurces of informa + Sufch an approach is’ ease up on equitieg ip the fig #€ ‘Tong below average to A ny lotice is hereby given that the following Ordinance will be considered for adoption sy the Council of the Borough of Harveys Lake at its regular meeting to be held at 8:00 PM on October 5, 1978 in the Daniel C. Roberts Fire Company Building, Har- veys Lake, Pa. HARVEYS LAKE BOROUGH ORDINANCE NO. Presented on: 7 1978 Adopted on: 1978 AN ORDINANCE GRANTING TO GAMMA COMMUNICATIONS, INC. AND ITS ASSIGNS, THE EXCLUSIVE RIGHT AND PERMISSION TO CONSTRUCT, ERECT, IN- STALL,’ MAINTAIN, IMPROVE, EXPAND, AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM AND OTHER CLOSED CIRCUITS FACILITIES AND ADDITIONS THERETO, IN, UNDER, OVER, ALONG, ACROSS AND UPON THE STREETS, ALLEYS, BRIDGES, ROADS AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE BOROUGH OF HARVEYS LAKE, PENNSYLVANIA, AND SUBSEQUENT ANNEXATIONS THERETO, INCLUDING IN CONNECTION THEREWITH, THE RIGHT AND PERMISSION TO ERECT, INSTALL AND MAINTAIN POLES AND TO INSTALL, ATTACH AND MAINTAIN WIRES, CABLES, APPLIANCES AND OTHER FACILITIES TO SUCH POLES AND TO EXISTING UTILITY POLES, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION OF TELEVISION, RADIO AND RELATED ELECTRONIC SIGNALS TO PROVIDE RECEPTION SERVICE FOR THE SAME TO THE MEMBERS OF THE PUBLIC DESIRING SUCH SERVICE IN THE BOROUGH, AND FOR OTHER PURPOSES, FOR A PERIOD OF FIFTEEN (15) YEARS, IMPOSING CONDITIONS, REQUIRING BOND AND INSURANCE COVERAGES, REPEALING ALL ORDINANCES AND RESOLUTIONS; OR PARTS OF ORDINANCES AND RESOLUTIONS INCONSISTENT THEREWITH; ALSO PROVIDING MUNICIPAL REGULATIONS FOR USE OF SYSTEM; AND OTHER LEGAL REQUIREMENTS, IN- CLUDING PENALTIES FOR VIOLATION OF ITS PROVISIONS: BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained as follows: SECTION 1. SHORT me This Ordinance shall be known and may be cited as the “Cable Television Fran- chise Ordinance.” SECTION 2. DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number incude the singular number, words in the singular number include the plural number, and words in the masculine gender shall include the feminine gender. The word “shall” is always mandatory and not merely directory. (a) “Borough” is the Borough of Harveys Lake. (b) Business vear shall mean any twelve (12) months of operation of the system as measured initially from inception of actual operation of the system by the Com- pany. (c) Cable Television System’ or “’System’’ shall mean any facility, or group of facilities which, in whole or in part, receives, modifies, or originates television, FM radio or other electrical signals for the purpose of transmitting or distributing such signals by wire, cable or other means to subscribing members of the public or to selected customers, as herein contemplated. (d) “Company” is Gamma Communications, Inc. (e) "Council is the Council of the Borough of Harveys Lake. (f) “"Person’’ is any person, firm, partnership, association, corporation, com- pany or organization of any kind. (g) “Complaint Officer” is the person designated by the Council to implement the complaint procedure herein provided. SECTION 3. GRANT OF AUTHORITY Having determined as part of a full public proceeding that the Company's legal, character, cinancial, technical and other qualifications are adequate, and that its proposed construction, expansion and maintenance schedules are feasible, the Borough hereby grants unto the Company the exclusive right and privilege to con- struct, erect, install, maintain, improve, expand and operate within the boundaries of the Borough to the extent permitted by law, all component parts. and facilities necessary and proper for the operation of a cable television system and the production of a quality television picture within the jurisdiction of the Borough. All installation and maintenance of said system shall be in accordance with the provisions of the National Electric Safety Code. SECTION 4. FRANCHISE TERM This grant shall be for a period of fifteen (15) years from the effective date of this Ordinance. Upon the expiration of said fifteen (15) year term, the Council shall have the right to (a) renew or extend the franchise, upon the same terms and conditions as are here in provided except for Sections 12 and 14, which shall be revised by agreement of the parties at that time. The Council shall notify the Com- pany of its decision to renew or extend the franchise no later than twelve (12) months prior to the expiration date of the franchise term, as herein set forth and only pursuant to a full public proceeding affording due process. In the event that no such notice is provided to the Company by the Council, this franchise shall sutomatically renew and extend for an additional fifteen (15) year period un- der the same terms and conditions as are herein contained. SECTION 5. CONSTRUCTION OF SYSTEM The Company shall extend energized trunk cable throughout the Borough to all residents of the Borough currently served by a cable television system and also of- fer to extend energized trunk cable to all other residents of the Borough not currently served by a cable television system, but who wish to subscribe to the Company’s system, within three months ofter the latter of either the date the Company accepts this Ordinance or receives or has received a valid certificate of compliance from the Federal Communications Commissions, if any is necessary. SECTION 6. CONDITION OF STREET OCCUPANCY (a) All transmission and distribution structures, lines and equipment erected by the Company within the Borough shall be so located as to reasonably cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to reasonably cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys, or other public ways and places. The Company shall obtain any permits required by law prior to construction. (b) In case of any substantial disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at its expense and in a manner approved by the Borough replace and restore the same in as good condition as before said work was commenced. SECTION 7. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCE The Company shall, at all times during the term of this Franchise, be subject to all lawful exercise of the police power by the Borough. : Additionally, any modifications of the provisions of Section 76.31 of the Federal Communications Commission’s Rules resulting from d by the Commission and mandated by the Commission to be incorporated into existing franchise agreements, shall be incorporated into this Ordinance within one (1) year of adoption of the modification, or at the time of franchise renewal, or as required by said amend- ment, whichever occurs first. SECTION 8. COMPANY LIABLITY - INDEMNIFICATION : The Company shall save the Borough harmless from all loss sustained on ac- count of any suit, judgment, execution, claim or demand whatsoe -r, resulting from the operations of the Company in the construction, operation v. aintenance of its System in the Borough unless said suit, jedgment, execution, claim or demand shall be the result of action or inaction on the part of the Borough, its em- ployees, servants, workmen or employees, in whole or in part. The Borough shall notify the Company within ten (10) days ofter the presentation of any claim or demand, either by suit or otherwise, made against the Borough on account of any damages or losses as aforesaid resulting from the opeerations of the Company. Thirty (30) days from the enactment date of this Ordinance, the Company shall furnish satisfactory evidence in writing that it has enforced public liability in- surance of not less than Two Hundred Fifty Thousand ($250,000.00) Dollars for any one person and Five Hundred Thousand ($500,000.00) Dollars for any one accident and property damage insurance of not less than Two Hundred Fifty Thousand ($250,000.00) Dollars duly issued by an insurance company or insurance com- panies authorized to do business in this Commonwealth. SECTION 9. MAINTENANCE AND SERVICE COMPLAINT PROCEDURES (a) Throughout the term of its franchise, the Company shall maintain all parts of the system in good, working condition, and maintain a quality television picture through the system. (b) The Council and the Company shall adopt a cooperative, coordinated program for the investigation and resolution of subscriber complaints. The Com- pany shall have a local business office or agent to provide adequate and prompt service to all subscribers. The Council shall appoint a Complaint Officer to be directly responsible for assuring that all complaints have been reported to and im- iny so that they may be satisfactorily resolved. Notice of reporting and resolving. service problems and respon- and the Borough shall be given to each subscriber by the The Company (1) Upon discovering cable service problems, the subscriber shall report same to the Company by communicating with its local business office or agent. The Com- pany shall respond to all service complaints and correct malfunctions as promptly as possible, and, under normal circumstances, shall respond to such calls within a period of time not to exceed forty-eight (48) hours after notice thereof. (2) The Company shall keep a record in its offices of every complaint received plaint records shall be maintained by the Company for one (1) calendar year following the initial report of same. The Company shdll make the file available during the aforesaid one (1) year period to the Borough, the Complaint Officer or any other designees of the Borough, for review and inspection during normal business hours, provided reasonable advance notice of such a’ review and in- spection is provided fo the Company, in which case permission shall not be’ unreasonably withheld. Any Complaint not peoperly resolved may be registered by the subscriber with the Complaint Officer. The Borough (1) The Complaint Officer shall conduct investigation of unresolved complaints as he deems necessary to effectuate resolution. Furthermore, he shall maintain records of all complaints directed to him and disposition thereof and shall retain copies of same for a period of one (1) calendar year. Whenever the Complaint Of- ficer believes that the Company is not providing proper service, the Complaint Of- ficer shall bring this matter to the attention of the Company, and if the matter remains unresolved for a period of thirty (30) days following the initial dialogue between the Complaint Officer and the Company, or its representative, then said Complaint Officer shall bring this matter to the attention of the Council and an ap- propriate conference among representatives of the Council, the Company and the subscriber shall be convened to effectuate resolution. SECTION 10. SUBSCRIBER RATES AND RATE INCREASES The rates for service shall be $10.00 for an initial’connection fee and $6.00 basic monthly service rental and $1.00 per extra set per month. No connection fee will be charged to existing cable users during conversion of the system. The Company shall have authority to request of Council increases in its connection fee, basic monthly services rental fee and its monthly fee for extra sets, as the need for such increases become reasonably necessary. Any and all such increases in sub- scriber rates to be requested by the company shall be made in good faith and shall be effective only after authorization therefore is granted by the Borough following a full public proceeding affording due process, permission for such increases to be not unreasonably withheld by the Council. SECTION 11. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED The Company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect makelor grant any preference or advdntage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in this Ordinance shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be ¢ntitled. No charge for installation and service, hownever, shall be made to the municipal fire company in the Borough. SECTION 12. FRANCHISE FEE PAYMENTS The Company shall pay to the Borough ¢s franchise fees the maximum per- centage of its gross subscriber’ revenues os permitted by the Federal Com- munications Commission, but not to exceed five (5) percent, throughout the term of this franchise. The Company shall furthermore pay to the Borough an initial payment of Two Thousand ($2,000.00) Dollars within thirty (30) days. Payments of franchise fees thereafter shall be made within thirty (30) days after the close of each business year. The reasonableness of the franchise fee is based upon current and projected inflationary tendencies throughout the franchise term and con- cluding supplies and facilities. SECTION 13. PROGRAMS AND SERVICE CONTENT The Company shall. within three (3) months after the latter of the date it ac- cepts this Ordinance; or receives or has received a valid Certificate of Compliance from the Federal Communications Commission, if any is necessary, provide to all subscribers and users, four (4) channels, which shall include no more than two: (2) educational channels, one (1) home box office channel, and one (1) time: and weather channel, three (3) local channels and five (5) independent channels. The Company further agrees to provide two (2) live public meeting broadcasts per month at the written request of the Borough Council, which request shall be provided to the Company, at least seventy-two (72) hours prior to said meeting, supplying without cost therefor all material and labor for a maximum period of three (3) hours each meeting and will within two (2) years provide to subscribers for a reasonable installation and monthly service charge fire and burglar alarm hookups within the System for all subscribers. terrupted for mare than thirty (30) days unless such interruption be attributed to an Act of God or conditions not within control of the Company or which are not the result of negligence on its part. SECTION 14. PERFORMANCE BOND The Company agrees upon acceptance of this Ordinance to furnish at its own ex- pense, a surety Bond with a reputable Bonding Company or letter of credit or cer- tification of deposit in a Pennsylvania Banking Institution in the amount of Twen- ty-Five Thousand ($25,000.00) Dollars for the life of this franchise conditioned on the faithful performance of all provisions of this Ordinance. Forfeiture of the aforementioned Twenty-Five Thousand ($25,000.00) Dollars shall take place only after there has been a determination through the American Arbitration Association as hereinafter provided that there has been a substantial and con- tinuing breach of this Franchise Agreement by the Company. SECTION 15. PENALTIES Any substantial violations by the Company of this Franchise or any material part thereof or the continued failure with reasonable promptness to perform any of the provisions thereof, shall be cause for the forfeiture of this Franchise and all rights hereunder to the Borough after written notice to the Company and the con- tinuation of such violation or default except where same is due to an Act of Ged or conditions not within the control of the Company or which are not the result of negligence on its part. This forfeiture is in addition to other rights accruing to the Borough relating to performance by the Company, as set forth herein. SECTION 16. ACCEPTANCE OF FRANCHISE If the Company shall decide to exercise the rights and privileges set forth in this Ordinance, it shall file in writing hereof with the Borough within thirty (30) days of final enactment of this Ordinance. Such an acceptance shall constitute an agreement on the part of the Company to comply with all of the terms, conditions and provisions of this Ordinance. SECTION 17. PUBLICATION COSTS The Company shall assume the cost of publication of this Ordinance as such publication is required by law and shall pay the same upon demand by the Borough. SECTION 18. TIME LIMITATIONS All time limitations imposed hereunder shall be subject to and susceptible to relating hereto. SECTION 19. ARBITRATION Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by one (1) arbitrator, with all hearings to be con- ducted in the City of Wilkes-Barre, Pennsylvania, pursuant to and in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator shall be final and conclusive and may be entered in any Court having jurisdiction thereof. SECTION 20. SEPARABILITY If any section, subsection, sentence, clause, phrase or portion of this Or- dinance, is for any reason held invalid or unconstitutional by any court of com- petent jurisdiction, or by F.C.C. Rules and Regulations, such portion shall be deemed as separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 21. ORDINANCES REPEALED All prior official actions taken by the Borough of Harveys Lake which are in con- flict or inconsistent with the provisions of this Ordinance, including but not limited to any and all ordinances, resolutions, licenses, permits, permissions or authorizations, in whole or in part are hereby repealed and revoked. SECTION 22. ENACTMENT The effective date of this Ordinance shall be the date of the final Enactment of the Ordinance. This Ordinance is hereby duly executed and ordered into law this day of , 1978. HARVEYS LAKE BOROUGH: PRESIDENT ATTEST: ji SECRETARY 7 The within Ordinance is approved this day of 1978, A MAYOR OF THE BOROUGH OF! ARVEYS LAKE wy 4 »
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