Ord 1987-009 - Laserfiche WebLink

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-2- (3) All contracts with other persons or agencies, relating to joint pole usage shall be filed with the City Secretary and shall be subject to City approval or disapproval upon the point of whether such contract unduly or unnecessarily will interfere with subsequent pole usage by another cable television distributor. (4) Company agrees to take any necessary precautions, by the installation of protective equipment or otherwise, to protect all persons and property against injury or damage that may result from Company's installations or operations. If in City's opinion, Company has not taken such necessary precautions, within a reasonable time after City has so notified Company, City shall have the right by written notice to Company to terminate this grant. However, City shall not be considered or held in any way responsible for the adequacy or inadequacy of such precautions of Company. The City is satisfied with the system as it is operating on the date this franchise is granted. (5) No overhead construction of television cables will be permitted in areas where electric and telephone service is required underground; and in other areas, Company shall not place additional poles without securing permission from the City Council. (6) Non-Exclusive Grant: These rights and privileges shall not be exclusive, but the City reserves the right to make a similar grant to any person any time. (7) In using easements and public rights-of-way, the Company shall ensure that: (a) the safety, functioning, and appearance of the property and the convenience and safety of other persons not be adversely affected by the installation or construction of facilities necessary for a cable system. (b) the cost of the installation, construction, operation or removal of the cable system shall be borne by the cable operator or subscriber, or a combination of both. (c) the owner of any property shall be justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of any part of the cable system by the cable operator. SECTION 4. Indeminification and Waiver: The Company hereby agrees to indemnify and hold the City harmless from all claims, damages and liability which would not have arisen but for the exercise by Company of the rights and privileges herein described in the construction and/or operation of Company's satellite master antenna television system in the territorial area involved and Company may, at its option, cause to be defended at its own expense all actions that may be commenced against the City for damages by reason of the construction and/or operation of such system in the territorial area involved. SECTION 5. Company Staff: Company shall at all times maintain a sufficiently competent staff to immediately and adequately service all of the equipment which it furnishes. SECTION 6. Compliance with Applicable Laws and Ordinances: The Company shall, at all times during the life of this grant, be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City shall hereafter by valid resolution or ordinance provide. The Company further agrees to comply in all respects with the provisions of the Charter of the City of San Marcos as it now exists or may be amended.