[Adopted 1-18-1967 by Ord. No. 279]
Viking Industries, Inc., a corporation of the State of Delaware,
be and is hereby granted a franchise and authority to operate, above
the surface, for a period of 25 years, a private antenna television
system, [closed circuit, between its two plants located at 400 Ninth
Street and 830 Monroe Street, utilizing coaxial cables strung along
telephone poles of the Bell Telephone System, presently in existence
and located on Ninth Street in this City between Monroe Street and
Christopher Columbus Park, all as set forth on the map filed with
said petition] and to erect, operate and maintain antennas on the
roofs of buildings at 830 Monroe Street and 400 Ninth Street and to
do such things as may be necessary in order to carry out the intent
thereof, for a period of 25 years upon the following terms and conditions
as follows:
A.
Terms and conditions.
(1)
Preliminary engineering procedures necessary to construct this facility
will begin immediately upon the granting of this franchise and receipt
of notice thereof by Viking Industries, Inc.; otherwise, this franchise
and authority shall lapse and become null and void, at the option
of the City.
(2)
The Viking Industries, Inc. is granted the right, privilege and authority
to construct, operate and maintain cables and antennas as aforesaid
and for the purposes herein set forth, including such wires and fixtures
where necessary upon, along, through and over streets, alleys, bridges
and public places of the City of Hoboken under the terms and conditions
hereinafter provided.
(3)
No pole shall be placed within the City of Hoboken except upon application,
in writing, to the proper authority in such City whose approval shall
be required.
(4)
Poles normally used for carrying said cables shall be those erected
and maintained by the Bell Telephone Company in the City of Hoboken,
when and where practicable, and rental arrangements with said company
shall be arranged solely by Viking Industries, Inc. and at its sole
expense.
(5)
All cables erected will be the finest polyethylene sold aluminum
sheet coaxial cables available and, in addition, individual messenger
wire will be used. Such cables will meet the standards of the Municipal
Building Code, the National Electrical Code or such other standards
as shall be fixed from time to time.
(6)
Viking Industries, Inc. will install the best quality solid-state
amplifiers, modulators and associated equipment incorporating the
latest technical developments that are available on the market at
the time of installation of the system.
(7)
This article shall be subject to all ordinances and statutes in force
or that may be hereafter passed relative to the use of highways, streets,
alleys, bridges and public places in the City of Hoboken and State
of New Jersey.
(8)
Viking Industries, Inc. shall hold the City of Hoboken safe and harmless
from all damages or claims for damages and injuries arising by reason
of the negligence in construction, maintenance or operation of said
cables and systems or, otherwise, by sufficient and appropriate insurance
coverage with approved companies, which will include the City as an
insured, and all at the cost of Viking Industries, Inc.
(9)
Viking Industries, Inc. will commence construction of the system
referred to herein within 30 days of the date of granting of said
franchise and complete the same within six months; otherwise, this
franchise and authority shall lapse and become null and void, at the
option of the City.
(10)
Viking Industries, Inc. will in no way interfere with existing
or future installations of internal television systems and receivers
in any buildings in the City of Hoboken, public or private.
(11)
Viking Industries, Inc. shall comply with all laws, rules and
regulations of the City, state and federal government and their regulatory
agencies or commissions which are now or may hereafter be applicable.
(12)
Viking Industries, Inc. shall supply, at least 10 days prior
to commencing of any work under any franchise agreement, liability
insurance policy or policies issued by a company authorized to do
business in the State of New Jersey, insuring the City and Viking
Industries. Inc. with respect to the installation, construction and
maintenance of the operation of the coaxial cables and appurtenant
devices thereto for bodily injury, including death, in the minimum
amount of $100,000 for any one person and a minimum amount of $300,000
for any one accident and for property damage in the minimum amount
of $25,000.
(13)
This franchise and authority shall cease 120 days after the
employment of a receiver or receivers or trustee or trustees to take
over and conduct the business of the company, if such appointment
is made by a court of competent jurisdiction, and unless such receivership
or trusteeship shall have been vacated prior to the expiration of
said 120 days, or unless such receivers or trustees shall have within
said 120 days fully complied with all the terms and provisions of
said franchise agreement and shall have secured from the court appointing
said receiver or trustee an approval whereby such receiver or trustee
is authorized to assume and agree to be bound by each and every term,
provision and limitation of the proposed franchise agreement.
(14)
All the conditions, provisions, requirements and limitations
of the franchise agreement shall be binding upon Viking Industries,
Inc., its successors or assigns. The rights, powers, privileges and
remedies reserved to the City of Hoboken shall be cumulative and shall
be in addition to and not in derogation of any other rights or remedies
which the City may have at law or in equity with respect to the subject
matter of the franchise.
(15)
Upon expiration, lapse, termination or revocation of the franchise,
the Viking Industries, Inc. shall remove, upon direction of the City,
at its sole cost and expense, the coaxial cables and appurtenant devices,
together with any and all building connections installed, constructed
and maintained in connection with the service authorized by the proposed
franchise agreement.
(16)
This franchise and authority shall not be assigned without the
consent of the Mayor and Council of the City of Hoboken.
B.
Filing of acceptance. This article shall not become effective unless
an acceptance in writing shall be filed by Viking Industries, Inc.
with the City Clerk, within 30 days after receipt of notice of passage
and as further provided by law.
C.
Additions or extensions. Viking Industries, Inc. shall not make any
additions or extension to such system without the consent of this
City.
D.
Interference with other receptions. The use and operation of this
system shall in no way interfere with television, wireless or radio
reception in this City, private, public or commercial.
E.
All terms applicable to franchise. All other terms and conditions
of the petition and application for this franchise are made part hereof
and this franchise is subject thereto.
