[Adopted 11-3-1964]
A. 
Permission and consent shall be and hereby is granted to the Cortland Video, Inc., its successors and assigns for a franchise and permit to use the streets of the Village of McGraw pursuant to the provisions of § 27 of the Transportation Corporation Law and of the Village Law for the State of New York on the terms and conditions described below.
B. 
Nature and extent of the grant. The franchise and permit to use the streets hereby granted by the Village of McGraw authorizes Cortland Video, Inc., subject to the provisions herein contained:
(1) 
To erect, install, construct, replace, repair, reconstruct, maintain and retain in the Village of McGraw:
(a) 
Television antenna supporting structures and appurtenances in such streets or other public places as may be necessary.
(b) 
Poles, coaxial cable, conductors, amplifiers and appurtenances in, along and across streets within the Village of McGraw or any part thereof.
(2) 
To maintain and operate said franchise properties for the collection, transmission, amplification and distribution of electrical or radiant energy for television and radio reception.
(3) 
To provide, use and operate similar properties rented or leased from other persons, firms or corporations for such purposes.
(4) 
To engage in the business of the distribution and sale of such energy to subscribers within the village.
This franchise and permit to use the streets shall be effective on the effective date of this resolution and shall continue in full force and effect until the expiration of a period of 30 years from such date.
Cortland Video, Inc., may provide service to the entire area within the limits of the Village of McGraw or any portion thereof. Cortland Video, Inc., shall have the right to charge and collect reasonable compensation from all persons subscribing to such service, including installation and connection charges.
A. 
No privilege or exemption is granted or conferred by this franchise except those specifically prescribed herein.
B. 
Any privilege claimed under this franchise by Cortland Video, Inc., in any street shall be subordinate to any prior lawful occupancy of the street.
C. 
This franchise shall be held in trust by Cortland Video, Inc., or its successors in interest; provided, however, that it may assign its right, title and interest hereunder to another corporation or lawful business entity through the sale of stock or assets, or otherwise, provided that such other corporation or lawful business entity agrees to undertake and assume all of the obligations of the original corporation hereunder subject to all of the terms and conditions of this franchise; and provided further, that such assignee executes an assumption agreement in favor of the Village of McGraw evidencing such undertaking. In the event that such assignment takes place, then, immediately upon the delivery to the Village of McGraw of the aforesaid assumption agreement, duly executed by the assignee, all of the rights, obligations and privileges herein granted to Cortland Video, Inc., shall forthwith devolve unto the assignee, who shall in all respects stand in the place and stead of the original corporation hereunder. Immediately upon the execution of such assignment and the delivery of the aforesaid assumption agreement the Village of McGraw, Cortland Video, Inc., or its successors in interest making such assignment shall have no further rights or obligations hereunder.
All work and construction undertaken by Cortland Video, Inc., shall conform to the applicable requirements of the laws of the State of New York and the laws of the Village of McGraw. All streets and sidewalks that may be disturbed or damaged in the construction of the system will be promptly repaired by Cortland Video, Inc., at its own expense, and such repairs shall be made subject to the approval of either the Public Works Department or the Board of Trustees of the Village of McGraw.
Cortland Video, Inc., shall indemnify the Village of McGraw against all liability, loss, cost damage or expense from accidents or damage, either to itself or to persons or property of others which may occur by the exercise of the rights and privileges herein granted.
Said Cortland Video, Inc., shall file its regular acceptance of the provisions of this franchise with the Village Clerk of the Village of McGraw on or before the expiration of 60 days from the passage of the resolution.[1]
[1]
Editor's Note: Cortland Video, Inc., accepted the franchise and agreed to all the terms and provisions thereof on 11-19-1964.