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<br />
<br />
<br />
<br />49
<br />
<br />ORDINANCE 1987-9
<br />
<br />AN ORDINANCE GRANTING THE AUTHORITY, RIGHT,
<br />AND PRIVILEGE TO OPERATE AND MAINTAIN A
<br />SATELLITE MASTER ANTENNA TELEVISION SIGNAL
<br />DISTRIBUTION SERVICE FOR THE DISTRIBUTION OF
<br />AUDIO, VIDEO, AND RADIO SIGNALS, PROVIDING THE
<br />TERÞIS AND PROVISIONS UNDER WHICH SAID SYSTEM
<br />SHALL BE OPERATED AND MAINTAINED, AND
<br />DECLARING AN EFFECTIVE DATE.
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />
<br />SECTION 1. That the City of San Marcos, Texas, does
<br />hereby grant to CD Interests, a Texas general partnership, the
<br />authority, right, and privilege to operate and maintain a
<br />satellite master antenna television signal distribution service
<br />for the distribution of audio, video, and radio signals, and
<br />subject to the remaining provisions of this ordinance governing
<br />the operation and maintenance of the system.
<br />
<br />SECTION 2. Definitions: For the purpose of this grant,
<br />the following terms, phrases, words, and their derivations shall
<br />have the meaning given herein. When not inconsistent with the
<br />context, words used in the present tense include the future: words
<br />in the plural number include the singular number: and words in the
<br />singular number include plural number. The word "shall" is always
<br />mandatory and not merely directory.
<br />
<br />(1) "City" is the City of San Marcos, a municipal
<br />corporation located in the County of Hays, State of Texas.
<br />
<br />( 2) "Company"
<br />contract.
<br />
<br />is
<br />
<br />the
<br />
<br />grantee
<br />
<br />of
<br />
<br />privileges
<br />
<br />under
<br />
<br />this
<br />
<br />( 3)
<br />
<br />"Council" is the City Council of the City of San Marcos.
<br />
<br />(4) "Person" is any person, firm, partnership, association,
<br />corporation, company or organization of any kind.
<br />
<br />(5) "Contract Year" is a period of one (1) year,
<br />day of which is the day this grant is effective.
<br />
<br />the
<br />
<br />first
<br />
<br />SECTION 3. Grant of Authority: (1) City hereby grants
<br />to Company the right and privilege to construct, erect, operate
<br />and maintain in, upon, along, across, above, over and under its
<br />streets, alleys, public ways, places, easements, and properties,
<br />the Company's cables, lines, necessary wiring, towers, underground
<br />conduits, manholes, electronic conductors, and other fixtures
<br />necessary for the maintenance and operation of a satellite master
<br />antenna television signal distribution system and service at the
<br />Village Green Apartments, whose location is described on Exhibit
<br />"A" attached hereto and made a part hereof for all purposes, to
<br />the extent that such use will not interfere with the public's use
<br />or the City's use, and to the extent that the City may lawfully
<br />permit the use of the above-described properties for the purposes
<br />enumerated.
<br />
<br />(2) City assumes no responsibility for securing any
<br />franchise, rights-of-way, permits or easements which the City does
<br />not already own, nor for the making and maintaining of attachments
<br />to the poles of other persons, nor for the obtaining of permission
<br />to make such attachments. The permission granted is likewise
<br />subject to laws, ordinances, and regulations now in force or which
<br />may hereafter be enacted or promulgated by any governmental body
<br />or agency having jurisdiction. City shall in no way be
<br />responsible for the construction, operation, maintenance,
<br />performance, or any other activity of Company or its system or any
<br />part thereof.
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