Res 2004-135 - Laserfiche WebLink

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162. LICENSE AGREEMENT FOR ATTACHMENTS TO UTILITY FACILITIES This License Agreement (this "Agreement") dated AlIgm::t: 10 ,2004, is made between the City of San Marcos, Texas (the "City"), a Texas municipal corporation, and Time Warner Entertainment - Advance/Newhouse Partnership (the "Licensee"), a New York partnership. RECITALS 1. The Licensee has installed and maintained a system of cables, wires and associated equipment on the City's utility poles to provide communications services to the public under a pole contact agreement.between the City and the Licensee's predecessor, Karnack Corporation, dated January 1, 1989 (the "Existing Agreement") that was subsequently assigned to TCI Cablevision of Texas, Inc, and to the Licensee. 2. The City and the Licensee wish to enter into a new agreement to replace the Existing Agreement, authorizing the continued use of the City's utility poles by the Licensee, and providing for the issuance of permits for the future placement, installation and modifications to the Licensee's Facilities on the City's utility poles. AGREEMENT In consideration of the promises, the mutual covenants, and the terms and the conditions contained in this Agreement, the parties mutually agree as follows: ARTICLE 1. DEFINITIONS For the purposes of this Agreement, the following terms will have the following meanings: 1.01. Applicable Standards means all applicable engineering and safety laws, regulations and standards governing the installation, maintenance and operation of communications facilities, and the performance of all work in or around City Facilities, including but not limited to the versions of the National Electric Safety Code ("NESC") and the National Electrical Code ("NEC") now in effect and as adopted and amended by the City from time to time, the Texas Health & Safety Code, Chapter 752, the federal Occupational Safety and Health Act ("OSHA"), and other reasonable requirements ofthe City. 1.02. Attaching Entity means any public or private entity that places Attachments on a Pole. 1.03. Attachment means each aerial cable, messenger cable, guy wire, anchors, and other appurtenant and incidental facilities, and each amplifier, repeater, appliance or other device or piece of equipment affixed to a Pole to provide or facilitate Communications Service. Except that overlashing an existing attachment shall not be counted as a separate Attachment for calculation of rates if the same entity owns the overlashed cable and the new cable. 1.04. Cable Service means: