§ A271-2Hearing; conclusions.
§ A271-3Grant of franchise; terms, restrictions and conditions.
§ A271-4Execution of agreement.
§ A271-5Payments to village; term.
§ A271-7Grant and permit conditional.
§ A271-9Sales and service prohibited.
§ A271-10Cancellation of agreement.
An application has been duly made to the Village of Blasdell by Blasdell Cablevision, Inc., a corporation to be formed under the applicable laws of the State of New York, hereinafter referred to as the "corporation," for permission for the exclusive right to construct, operate and maintain towers, buildings, poles, wires and other apparatus constituting a community television reception and distribution system on, through, along and over the streets and other public places of the Village of Blasdell, New York.
The Village Board has duly convened and heard such application and concluded that the grant thereof would be advantageous to the village and its inhabitants.
The exclusive right, privilege, franchise, permission and consent is hereby granted by the said Village Board of the Village of Blasdell and accepted by the corporation upon the following terms, restrictions and conditions:
The corporation, its distributees, successors and assigns are further granted the exclusive right and privilege to construct along and over the streets, highways and other public places of the Village of Blasdell, New York, a distribution system for the said community television reception system, which system is to include, but not necessarily to be limited to a line or lines of wire, cables or other conductors, together with all necessary feeders or service wires, poles and all other attachments, devices or apparatus necessary to or usually used in connection with such system; and to maintain and keep said system in proper condition after its construction and to operate said system in the usual and customary manner.
This franchise includes the right for the corporation to make such contracts as it deems necessary and proper and is able to negotiate with those public utilities and service corporations already holding franchises from and in the said Village of Blasdell, New York, permitting it to use the existing utility poles and facilities for its installation and to erect any necessary poles and facilities for its own exclusive use.
This grant and privilege is made upon the following terms:
The approval of the erection or location of any towers, buildings, poles or the use of any trees within the Village of Blasdell limits or other public places proposed by the corporation rests in the sole discretion of the Superintendent of Public Works of the Village of Blasdell or in such of the officers or employees of the Village of Blasdell as he may see fit to delegate such decisions; the corporation shall submit to the Superintendent of Public Works all maps, plans and specifications as to proposed installations and keep the said Superintendent informed as to any proposed changes or alterations in such.
All of said poles, wires and apparatus shall be placed, erected and maintained in a proper workmanlike manner so that the same shall in no way endanger the public and shall comply with all existing applicable regulations, ordinances and laws.
The corporation shall at all times indemnify and save harmless the said Village of Blasdell, New York, and the members of the Village Board thereof against any and all actions, suits, damages, costs, charges and expenses by reason of the location, maintenance and operation of said system in any of the village streets, highways or other public places or by reason of any act done or omitted to be done in the premises by the corporation, and shall provide the Village of Blasdell with copies of all insurance policies relating to the above and required by the Village of Blasdell.
The Mayor of the Village of Blasdell is hereby authorized to enter into, execute and deliver in the name of and on behalf of the Village of Blasdell any license, franchise, agreement and any other instrument that may be by him deemed necessary to effectuate the intent of this franchise without further action or resolution of the Village Board, and the Mayor is hereby authorized to attach the Corporate Seal of the Village of Blasdell thereto and to attest to the seal by his signature.
The corporation will remit semiannually to the Village of Blasdell 5% of its gross revenues actually collected in each semiannual period from subscriber billings, excluding installation charges, attributable to its operations in Blasdell. However, the amount paid by the corporation to the Village of Blasdell for such six-month period shall be reduced by the amount of any additional fee, tax or assessment imposed on the corporation by the New York State Commission on Cable Television during such six-month period.
The aforesaid payments shall be made to the Village of Blasdell, without demand, on the 15th day of January and on the 15th day of July of each year, commencing July 1985 through the 15th day of January 1996. The corporation shall keep an accurate record of its gross collected monthly billings during the six-month period preceding the aforesaid payment and submit said record to the Village of Blasdell along with its payment. The corporation shall at all times keep its books and records open for inspection upon reasonable notice to the duly authorized officials or agents of the Village of Blasdell.
Term. The term of this franchise shall be for a maximum period of 10 years with an option for continuous renewal by mutual consent of the parties hereto.
Standard installation charges.
Reconnect charge: as set by the Board of Trustees.
Premium services, monthly (for informational purposes only).
Home Box Office: as set by the Board of Trustees.
SUPERCABLE Descrambler/Decoder: as set by the Board of Trustees.
The Movie Channel: as set by the Board of Trustees.
Cinemax: as set by the Board of Trustees.
The Adult Connection: as set by the Board of Trustees.
The Sports Connection: as set by the Board of Trustees.
The Family Connection: as set by the Board of Trustees.
The above charges include International Cable's equipment and personnel.
This grant and permit is made upon the condition that permission is secured from such other public officers and commissions as required by law. The consideration hereof is the expenditure by the corporation, its distributees, successors and assigns of the funds necessary for the construction, maintenance and operation of said system.
The corporation shall employ as subcontractors only persons, companies or corporations as may be duly licensed to perform work, labor and services in the Village of Blasdell.
In no case shall this agreement be deemed to be permission or license to the corporation to perform any sort of television sales or service.
In the event that the corporation, its employees, servants and/or agents shall at any time misrepresent the services to be performed by it or shall at any time fail to perform its agreements, then, upon 20 days' notice, the Village of Blasdell may at its option cancel this agreement by sending notices of such cancellation by registered mail to the corporation at the address furnished the Clerk of the said Village of Blasdell.