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102 ORDINANCE 1985-112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ORDINANCE 1972-6 ADOPTED MARCH IB, 1972, WHICH GRANTED THE AUTHORITY, RIGHT, AND PRIVILEGE TO OPERATE AND MAINTAIN A CITY-WIDE TELEVISION SIGNAL DISTRIBUTION SERVICE FOR THE DISTRIBUTION OF AUDIO, VIDEO, AND RADIO SIGNALS, BY ADDING PROVISIONS THAT PUT THIS FRANCHISE IN COMPLIANCE WITH THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984¡ AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 2 of Ordinance 1972-6 is amended by the addition of subsection (7) as follows: . . . ( 7) In using easements and public rights of ways, 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 2. Subsection 10 of Ordinance 1972-6 is amended to read as follows: . .. 10. Preferential or Discriminatory Practices Prohibited (1) The Company shall not, as to rates, charges, service facilities, rules, regulations or in other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing in this contract shall be deemed to prohibit the establishment of a graduated scale of charges and classified rates schedules to which any customer coming within such classification would be entitled. The Company shall not deny access to cable service to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. ( 2) The City Council reserves the right to regulate, by ordinance, all Company charges for provision of basic cable service including multiple tiers of basic cable service, and rates for the initial installation or the rental of one (1) set of the minimum equipment which is necessary for the subscriber's receipt of basic cable service.