[HISTORY: Adopted by the Town Board of the Town of Hyde Park 3-3-1965.
Amendments noted where applicable.]
There is hereby granted to Better TV Inc. of Dutchess County an exclusive
franchise, permission and consent to install and maintain cable lines within
the limits of the Town of Hyde Park on existing poles owned by the New York
Telephone Company and/or Central Hudson Gas and Electric Company or on poles
to be erected by said Better TV Inc. of Dutchess County for the purpose of
receiving, amplifying and distributing television and radio signals to those
residents of the Town of Hyde Park who desire such service, subject to the
terms and conditions appearing hereinafter.
The Better TV Inc. of Dutchess County shall procure the necessary permissions,
consents, licenses or rights-of-way from the New York Telephone Company and/or
Central Hudson Gas and Electric Company and/or any other person or corporation
for the use of their poles, towers, property and other apparatus.
All Town highways, roads, streets and sidewalks disturbed or damaged
in the construction or maintenance of said cable lines and/or other apparatus
shall be promptly repaired by Better TV Inc. of Dutchess County at its own
expense and to the satisfaction of the Superintendent of Highways of the Town
of Hyde Park.
This franchise shall be subject to the zoning regulations of the Town
of Hyde Park, subdivision regulations of the Town of Hyde Park and all other
ordinances now in force or that may hereafter be enacted relating to the use
of the highways, streets and roads of the Town of Hyde Park.
This franchise shall be for a period of 25 years unless sooner terminated
as herein set forth.
All poles to be erected by or for Better TV Inc. of Dutchess County
on the streets, highways and public places of the Town shall be so constructed
as not to impede or obstruct traffic, and, further, their construction, installation
and location shall be approved by the Superintendent of Highways of the Town
of Hyde Park.
All installations shall be of a permanent nature, installed in accordance
with general engineering practice and of sufficient height to comply with
all existing regulations, ordinances and state laws so as not to interfere
with the rights of the public or individual property owners and shall not
interfere with the travel and use of public places by the public and, during
the construction, repair or removal thereof, shall not obstruct or impede
traffic.
The Town of Hyde Park shall reserve the right of reasonable regulation
of the erection and construction of any work by the undersigned and to reasonably
designate where said works and such construction are to be placed.
The franchise may be forfeited and terminated by the Town upon the failure
of the grantee to observe the terms and conditions outlined herein and may
be exercised by the service of notice upon the grantee, and its failure to
observe the terms thereof and upon its refusal or violation would end said
franchise, permissions or consents herein granted.
The undersigned hereby agrees not to engage, directly or indirectly,
in the business of selling or servicing television sets and/or equipment,
parts, etc., within said Town of Hyde Park.
Better TV Inc. of Dutchess County shall at all times save and keep harmless
and fully indemnify the Town of Hyde Park and any successor municipality from
any and all losses, liability, damage or injury to person or property in any
manner arising hereunder or from any negligence, fault or misconduct on the
part of said Better TV Inc. of Dutchess County, in its officers or agents,
servants and/or employees or from any failure on its or their part to comply
with the conditions of this franchise.
Better TV Inc. of Dutchess County shall at all times after the effective
date of this franchise keep in effect the following type of insurance coverage
for which certificates evidencing same shall be promptly delivered to the
Town Clerk.
A.Â
Workmen's compensation upon its employees engaged in
any manner on the construction or servicing of its cables, equipment or other
apparatus in the Town of Hyde Park.
B.Â
Public liability in the total amount of not less than
$100,000/$300,000, insuring Better TV Inc. of Dutchess County and the Town
of Hyde Park and its successor municipalities against liability for personal
injury or death or property damage within the Town of Hyde Park.
This franchise, permission and consent shall be effective 10 days after
its publication and posting, at the expense of Better TV Inc. of Dutchess
County, in the official newspaper of the Town of Hyde Park, with notice hereof
in form satisfactory to the Attorney for the Town of Hyde Park.
The undersigned, by acceptance of this permit, agrees to commence construction
of the central antenna system on or before one year from the date of issuance
of this permit.
In the event that Better TV Inc. of Dutchess County shall not receive,
amplify or distribute television and/or radio signals within the Town of Hyde
Park by the first day of January 1967, this franchise, permission and consent
may be revoked.
