[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.
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.
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.